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The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 523–5243 Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 64 FR 12345.
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2 III
Contents Federal Register Vol. 64, No. 239
Tuesday, December 14, 1999
Actuaries, Joint Board for Enrollment Children and Families Administration See Joint Board for Enrollment of Actuaries NOTICES Grants and cooperative agreements; availability, etc.: Community Services Office— Agricultural Research Service Assets for Independence Demonstration Program, NOTICES 68821–68852 Patent licenses; non-exclusive, exclusive, or partially exclusive: Northwest Agricultural Products; correction, 69682 Coast Guard RULES Ports and waterways safety: Agriculture Department Puget Sound, WA; vessel traffic service; radio See Agricultural Research Service frequencies, 69633–69636 See Animal and Plant Health Inspection Service See Farm Service Agency See Food and Nutrition Service Commerce Department See Food Safety and Inspection Service See Economic Development Administration See Forest Service See International Trade Administration See Rural Business-Cooperative Service See National Oceanic and Atmospheric Administration See Rural Housing Service See Rural Utilities Service Committee for the Implementation of Textile Agreements NOTICES NOTICES Meetings: Export visa requirements; certification, waivers, etc.: Small Farms Advisory Committee, 69681–69682 Macedonia, 69743–69744 Romania, 69744–69746 Animal and Plant Health Inspection Service Special access and special regime programs: RULES Outward Processing Program; participating requirements, Plant-related quarantine, foreign: 69746 Citrus fruit; country of origin; CFR correction, 69629 Textile and apparel categories: NOTICES Outward Processing Program; implementation and Agency information collection activities: enforcement, 69746–69748 Submission for OMB review; comment request, 69682– 69683 Corporation for National and Community Service NOTICES Antitrust Division Grants and cooperative agreements; availability, etc.: NOTICES AmeriCorps* programs— Competitive impact statements and proposed consent National Direct program funds; application guidelines judgments: and pre-application conference calls, 69748–69749 AlliedSignal Inc. and Honeywell Inc., 69784–69797 National cooperative research notifications: Defense Department Advanced Lead-Acid Battery Consortium, 69797 NOTICES Auto Body Consortium, Inc., 69797–69798 Agency information collection activities: Biotechnology Research & Development Corp., 69798 Submission for OMB review; comment request, 69749 Catalytica Advanced Technologies, 69798 CommerceNet Consortium, Inc., 69799 E&P Technology Cooperative, 69799 Economic Development Administration IAP Research, Inc., 69799 RULES Intevac, Inc., 69799 Economic Development Administration Reform Act of Motorola, Inc., et al., 69799–69800 1998; implementation, 69865–69879 National Center for Manufacturing Sciences, Inc., 69800 Pharmacia Biotech: Arrayed Primer Extension Research Education Department Consortium, 69800 NOTICES Semiconductor Research Corp., 69800–69801 Agency information collection activities: Telematics Suppliers Consortium, Inc., 69801 Submission for OMB review; comment request, 69749– 69750 Centers for Disease Control and Prevention NOTICES Energy Department Grants and cooperative agreements; availability, etc.: See Federal Energy Regulatory Commission Under-represented minority students; biostatistics, NOTICES epidemiology, and occupational safety and health; Meetings: knowledge and skills increase, 69769–69774 Secretary of Energy Advisory Board, 69750
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Environmental Protection Agency Massachusetts, 69763–69764 RULES Preparedness: Air pollutants, hazardous; national emission standards: Offsite radiological emergency preparedness program; Chromium emissions from hard and decorative services fee; 2000 FY hourly rate, 69764 chromium electroplating and anodizing tanks, etc., 69637–69643 Federal Energy Regulatory Commission Reporting and recordkeeping requirements, 69636–69637 NOTICES NOTICES Hydroelectric applications, 69754–69755 Agency information collection activities: Hydroelectric applications; correction, 69821 Proposed collection; comment request, 69755–69756 Applications, hearings, determinations, etc.: Submission for OMB review; comment request, 69756– El Paso Natural Gas Co., 69750–69751 69759 Northern Border Pipeline Co., 69751 Meetings: Northern Natural Gas Co., 69751–69752 Science Advisory Board, 69759 Northwest Pipeline Corp., 69752 Project XL (excellence and leadership) innovative Panhandle Eastern Pipe Line Co., 69752 technologies projects: Southern Company Services, Inc., 69752 Louisville and Jefferson County Metropolitan Sewer Southern Natural Gas Co., 69753 District, KY; pretreatment project agreement Transwestern Pipeline Co., 69753 availability, 69759–69760 Trunkline Gas Co., 69753 Toxic and hazardous substances control: Williston Basin Interstate Pipeline Co., 69754 Lead-based paint activities in target housing and child- occupied facilities; State and Indian Tribe Federal Highway Administration authorization applications— NOTICES Puerto Rico, 69760–69762 Meetings: Intelligent Transportation Society of America, 69814 Farm Service Agency NOTICES Federal Reserve System Agency information collection activities: Proposed collection; comment request, 69683 NOTICES Banks and bank holding companies: Federal Aviation Administration Formations, acquisitions, and mergers, 69765 RULES Meetings; Sunshine Act, 69765 Airworthiness directives: New Piper Aircraft, Inc., 69629–69631 Federal Trade Commission Class D airspace, 69631–69633 NOTICES PROPOSED RULES Agency information collection activities: Airworthiness directives: Submission for OMB review; comment request, 69765– Airbus, 69674–69676 69768 General rulemaking procedures: Fair Credit Reporting Act: Plain language and removal of redundant and outdated Disclosure charges, 69769 material, 69853–69863 NOTICES Financial Management Service Advisory circulars; availability, etc.: See Fiscal Service Aircraft products and parts— Altimeter errors at cold temperatures, 69812–69813 Fiscal Service Passenger facility charges; applications, etc.: NOTICES Valdosta Regional Airport, GA, 69813–69814 Surety companies acceptable on Federal bonds: Axa Global Risks US Insurance Co.; termination, 69817 Federal Deposit Insurance Corporation Mid-Century Insurance Co., 69817 NOTICES Agency information collection activities: Fish and Wildlife Service Submission for OMB review; comment request, 69762– NOTICES 69763 Environmental statements; availability, etc.: Meetings; Sunshine Act, 69763 Incidental take permits— Federal Election Commission Leonard Farm, CO; Preble’s meadow jumping mouse, 69778–69779 NOTICES Meetings; Sunshine Act, 69763 Food and Drug Administration Federal Emergency Management Agency NOTICES RULES Food additive petitions: Flood elevation determinations: Avecia, Inc., 69774 Various States, 69644–69660 Meetings: PROPOSED RULES Medical Devices Advisory Committee, 69774 Flood elevation determinations: Various States, 69676–69680 Food and Nutrition Service NOTICES NOTICES Disaster and emergency areas: Agency information collection activities: California, 69763 Proposed collection; comment request, 69684–69685
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Food Safety and Inspection Service NOTICES NOTICES Pollution control; consent judgments: Meetings: BP Amoco et al., 69784 Codex Alimentarius Commission— HPS&R, Inc., 69784 Food Import and Export Inspection and Certification Systems Committee, 69685–69686 Land Management Bureau NOTICES Forest Service Meetings: NOTICES Resource Advisory Councils— Environmental statements; notice of intent: Northwest Colorado, 69781–69782 Mississippi National Forests, 69686–69691 Southeast Oregon, 69782 Rogue River National Forest, OR, 69691–69692 National Council on Disability Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Meetings; Sunshine Act, 69801–69802 See Children and Families Administration See Food and Drug Administration National Credit Union Administration See National Institutes of Health NOTICES Meetings; Sunshine Act, 69802 Indian Affairs Bureau NOTICES National Highway Traffic Safety Administration Liquor and tobacco sale or distribution ordinance: RULES Jackson Band of Miwuk Indians of Jackson Rancheria, Motor vehicle safety standards: 69779–69780 Occupant crash protection— Little Traverse Bay Bands of Odawa Indians, MI, 69780– Head impact protection, 69665–69672 69781 NOTICES Agency information collection activities: Interior Department Proposed collection; comment request, 69814–69817 See Fish and Wildlife Service See Indian Affairs Bureau National Institutes of Health See Land Management Bureau NOTICES See National Park Service Meetings: Improving medical implant performance through retrieval Internal Revenue Service information; challenges and opportunities; NOTICES technology assessment conference, 69774–69775 Agency information collection activities: National Institute of Allergy and Infectious Diseases, Proposed collection; comment request, 69817–69818 69775–69776 National Institute of Diabetes and Digestive and Kidney International Trade Administration Diseases, 69775 NOTICES National Institute of Environmental Health Sciences, Antidumping: 69777 Dynamic random access memory semiconductors of one National Institute on Alcohol Abuse and Alcoholism, megabit or above (DRAMs) from— 69776–69777 Korea, 69694–69718 National Institute on Drug Abuse, 69776 Large and small diameter carbon and alloy seamless Scientific Review Center, 69777 standard, line, and pressure pipe from— Japan and South Africa, 69718–69723 National Labor Relations Board Oil country tubular goods from— NOTICES Korea, 69723 Privacy Act: Synthetic indigo from— Systems of records, 69802–69804 China, 69723–69730 Tin mill products from— National Oceanic and Atmospheric Administration Japan, 69730–69731 RULES Antidumping and countervailing duties: Fishery conservation and management: Administrative review requests, 69693–69694 Alaska; fisheries of Exclusive Economic Zone— Countervailing duties: Reporting and recordkeeping requirements; correction, Structural steel beams from— 69673 Korea, 69731–69741 International fisheries regulations: Pacific tuna; harvest quotas, 69672–69673 Joint Board for Enrollment of Actuaries NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 69741– Actuarial Examinations Advisory Committee, 69681 69742 Coastal zone management programs and estuarine Justice Department sanctuaries: See Antitrust Division Consistency appeals— See Parole Commission Ramirez, Ricardo, 69742
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Fishery conservation and management: Rural Business-Cooperative Service Atlantic highly migratory species— NOTICES Atlantic tunas, swordfish, and sharks; errata sheet Agency information collection activities: availability, 69742–69743 Proposed collection; comment request, 69683
National Park Service Rural Housing Service NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 69782– Proposed collection; comment request, 69683 69783 Boundary establishment, descriptions, etc.: Rural Utilities Service Fort Sumter National Monument, SC; Fort Moultrie Unit, NOTICES 69783 Agency information collection activities: Environmental statements; availability, etc.: Proposed collection; comment request, 69683 Lake Champlain Valley, NY, VT, and MA; special research study, 69783 Securities and Exchange Commission NOTICES National Science Foundation Self-regulatory organizations; proposed rule changes: NOTICES Municipal Securities Rulemaking Board, 69808–69811 Meetings: National Association of Securities Dealers, Inc., 69821, Biological Infrastructure Advisory Panel, 69804 69811–69812 Electrical and Communications Systems Special Emphasis Panel, 69804 Textile Agreements Implementation Committee Geosciences Special Emphasis Panel, 69804–69805 See Committee for the Implementation of Textile Information and Intelligent Systems Special Emphasis Agreements Panel, 69805 Physics Special Emphasis Panel, 69805 Transportation Department Organization, functions, and authority delegations: See Coast Guard Director, 69805 See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration National Transportation Safety Board See Research and Special Programs Administration NOTICES NOTICES Meetings; Sunshine Act, 69805–69806 Aviation proceedings: Agreements filed; weekly receipts, 69812 Nuclear Regulatory Commission NOTICES Treasury Department Environmental statements; availability, etc.: See Fiscal Service Commonwealth Edison Co., 69806 See Internal Revenue Service GPU Nuclear, Inc., et al., 69807 See Public Debt Bureau Meetings; Sunshine Act, 69807
Parole Commission Separate Parts In This Issue NOTICES Meetings; Sunshine Act, 69801 Part II Department of Health and Human Services, Children and Public Debt Bureau Families Administration, 69823–69854 See Fiscal Service NOTICES Part III Agency information collection activities: Department of Transportation, Federal Aviation Proposed collection; comment request, 69818–69820 Administration, 69855–69865
Public Health Service Part IV See Centers for Disease Control and Prevention Department of Commerce, Economic Development See Food and Drug Administration Administration, 69867–69881 See National Institutes of Health
Research and Special Programs Administration Reader Aids RULES Consult the Reader Aids section at the end of this issue for Pipeline safety: phone numbers, online resources, finding aids, reminders, Gas and hazardous liquid pipeline repair, 69660–69665 and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 319...... 69629 13 CFR 300...... 69868 301...... 69868 302...... 69868 303...... 69868 304...... 69868 305...... 69868 306...... 69868 307...... 69868 308...... 69868 314...... 69868 316...... 69868 317...... 69868 318...... 69868 14 CFR 39...... 69629 71 (3 documents) ...... 69631, 69632 Proposed Rules: 11...... 69856 39...... 69674 33 CFR 26...... 69633 161...... 69633 40 CFR 9...... 69636 63...... 69637 44 CFR 65 (4 documents) ...... 69644, 69646, 69647, 69649 67 (3 documents) ...... 69652, 69655, 69657 Proposed Rules: 67...... 69676 49 CFR 192...... 69660 195...... 69660 571...... 69665 50 CFR 300...... 69672 679...... 69673
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Rules and Regulations Federal Register Vol. 64, No. 239
Tuesday, December 14, 1999
This section of the FEDERAL REGISTER 180, and PA–32S–300 airplanes; identified with a .250 (1/4)-inch high contains regulatory documents having general and—Piper Models PA–28–151 and (white) ink stamp ‘‘FACET–638873’’, applicability and legal effect, most of which PA–28–161 airplanes that incorporate and may include ‘‘FAA–PMA’’. are keyed to and codified in the Code of a certain supplemental type certificate Accomplishment of the actions Federal Regulations, which is published under (STC). required by AD 99–05–09 is required in 50 titles pursuant to 44 U.S.C. 1510. This AD requires replacing these accordance with the applicable The Code of Federal Regulations is sold by induction air filters. This AD results maintenance manual, as specified in the Superintendent of Documents. Prices of from reports of cracking, splitting, Piper Service Bulletin No. 1022, dated new books are listed in the first FEDERAL crumbling, and deterioration (referred to September 22, 1998, and Purolator REGISTER issue of each week. as damage hereon) of Facet/Purolator Service Bulletin No.: SB090298.01, induction air filters manufactured dated September 16, 1998. between a certain time period. The The AD was the result of reports of DEPARTMENT OF AGRICULTURE actions specified by this AD are deterioration, cracking, splitting, and intended to prevent pieces of a damaged crumbling (referred hereon as damage) Animal and Plant Health Inspection of these Purolator/Facet induction air Service induction air filter from being ingested into the engine, which could result in filters. Purolator utilized an incorrect 7 CFR Part 319 reduced or loss of engine power. curing time in the manufacturing DATES: Effective January 13, 2000. process of the plastisol used in the Foreign Quarantine Notices Comments for inclusion in the Rules induction air filters from January 1997 Docket must be received on or before through September 1998. This incorrect CFR Correction February 17, 2000. curing time makes the induction air filters susceptible to the damage In Title 7 of the Code of Federal ADDRESSES: Submit comments in described above. Regulations, parts 300 to 399, revised as triplicate to the Federal Aviation The actions specified in AD 99–05–09 of January 1, 1999, page 200, first Administration (FAA), Central Region, are intended to prevent pieces of a column, § 319.28 is corrected in Office of the Regional Counsel, damaged induction air filter from being paragraph (b)(1), second and twentieth Attention: Rules Docket No. 99–CE–69– ingested into the engine, which could lines, by removing ‘‘Japan’’ and adding AD, Room 1558, 901 Locust, Room 506, result in reduced or loss of engine in its place ‘‘the country of origin’’. Kansas City, Missouri 64106. power. [FR Doc. 99–55541 Filed 12–13–99; 8:45 am] Service information that applies to BILLING CODE 1505-01-D this AD may be obtained from The New Actions Since AD 99–05–09 Became Piper Aircraft, Inc., Customer Services, Effective and The FAA’s Determination 2926 Piper Drive, Vero Beach, Florida Since AD 99–05–09 became effective, 32960. This information may also be DEPARTMENT OF TRANSPORTATION the FAA has learned that the following examined at the FAA, Central Region, airplanes also incorporate these Facet Federal Aviation Administration Office of the Regional Counsel, induction air filters: Attention: Rules Docket No. 99–CE–69– —All The New Piper Aircraft, Inc. 14 CFR Part 39 AD, 901 Locust, Room 506, Kansas City, Missouri 64106. (Piper) Models PA–25, PA–25–235, [Docket No. 99±CE±69±AD; Amendment 39± PA–25–260, PA–28S–160, PA–28S– FOR FURTHER INFORMATION CONTACT: 11464; AD 99±26±05] Ms. 180, and PA–32S–300 airplanes; and Juanita Craft, Aerospace Engineer, FAA, —Piper Models PA–28–151 and PA–28– RIN 2120±AA64 Atlanta Aircraft Certification Office, 161 airplanes that incorporate STC One Crown Center, 1895 Phoenix SA2946SO. Airworthiness Directives; The New Boulevard, Suite 450, Atlanta, Georgia Piper Aircraft, Inc. Models PA±25, PA± 30349; telephone: (770) 703–6089; Because of this, the FAA has 25±235, PA±25±260, PA±28S±160, PA± facsimile: (770) 703–6097; e-mail determined that (1) the same actions of 28S±180, PA±32S±300, PA±28±151, and address: ‘‘[email protected]’’. AD 99–05–09 should apply to these PA±28±161 Airplanes Piper Models PA–25, PA–25–235, PA– SUPPLEMENTARY INFORMATION: 25–260, PA–28S–160, PA–28S–180, AGENCY: Federal Aviation PA–32S–300, PA–28–151, and PA–28– Discussion Administration, DOT. 161 airplanes; and (2) AD action should ACTION: Final rule; request for AD 99–05–09, Amendment 39– be taken to prevent pieces of a damaged comments. 111057 (64 FR 10211, March 3, 1999), induction air filter from being ingested currently requires replacing certain into the engine, which could result in SUMMARY: This amendment adopts a Purolator/Facet induction air filters, reduced or loss of engine power. new airworthiness directive (AD) that Purolator part number (P/N) 638873, applies to the following airplanes that Model No. CA161PL, Piper P/N 460-632 Explanation of the Provisions of the AD incorporate certain Facet (manufactured (PS60007–2), that are installed on Since an unsafe condition has been by the Purolator Products Company) certain Piper PA–23, PA–24, PA–28, identified that is likely to exist or induction air filters: PA–32, and PA–34 series airplanes. develop in other airplanes of the same —All The New Piper Aircraft, Inc. These induction air filters were type design to those referenced above, (Piper) Models PA–25, PA–25–235, manufactured from January 1997 the FAA is issuing an AD. The AD PA–25–260, PA–28S–160, PA–28S– through September 1998; and are requires replacing any Purolator/Facet
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.010 pfrm03 PsN: 14DER1 69630 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations induction air filter, Purolator P/N amended in light of the comments under Executive Order 12866. It has 638873, Model No. CA161PL, Piper P/ received. Factual information that been determined further that this action N 460–632 (PS60007–2), that: supports the commenter’s ideas and involves an emergency regulation under —was manufactured anytime from suggestions is extremely helpful in DOT Regulatory Policies and Procedures January 1997 through September evaluating the effectiveness of the AD (44 FR 11034, February 26, 1979). If it 1998; and action and determining whether is determined that this emergency —is identified with a .250 (1/4)-inch additional rulemaking action would be regulation otherwise would be high (white) ink stamp ‘‘FACET– needed. significant under DOT Regulatory 638873’’, and may include ‘‘FAA– Comments are specifically invited on Policies and Procedures, a final PMA’’. the overall regulatory, economic, regulatory evaluation will be prepared Accomplishment of the replacement environmental, and energy aspects of and placed in the Rules Docket is required in accordance with the the rule that might suggest a need to (otherwise, an evaluation is not applicable maintenance manual, as modify the rule. All comments required). A copy of it, if filed, may be specified in Piper Service Bulletin No. submitted will be available, both before obtained from the Rules Docket. and after the closing date for comments, 1022, dated September 22, 1998, and List of Subjects in 14 CFR Part 39 Purolator Service Bulletin No.: in the Rules Docket for examination by SB090298.01, dated September 16, interested persons. A report that Air transportation, Aircraft, Aviation 1998. summarizes each FAA-public contact safety, Safety. concerned with the substance of this AD Adoption of the Amendment Determination of the Effective Date of will be filed in the Rules Docket. the AD Commenters wishing the FAA to Accordingly, pursuant to the Since a situation exists (possible acknowledge receipt of their comments authority delegated to me by the reduced or loss of engine power) that submitted in response to this rule must Administrator, the Federal Aviation requires the immediate adoption of this submit a self-addressed, stamped Administration amends part 39 of the regulation, it is found that notice and postcard on which the following Federal Aviation Regulations (14 CFR opportunity for public prior comment statement is made: ‘‘Comments to part 39) as follows: Docket No. 99–CE–69–AD.’’ The hereon are impracticable, and that good PART 39ÐAIRWORTHINESS postcard will be date stamped and cause exists for making this amendment DIRECTIVES effective in less than 30 days. returned to the commenter. Comments Invited Regulatory Impact 1. The authority citation for part 39 continues to read as follows: Although this action is in the form of The regulations adopted herein will Authority: 49 U.S.C. 106(g), 40113, 44701. a final rule that involves requirements not have a substantial direct effect on affecting immediate flight safety and, the States, on the relationship between § 39.13 [Amended] thus, was not preceded by notice and the national government and the States, 2. Section 39.13 is amended by opportunity to comment, comments are or on the distribution of power and adding a new airworthiness directive invited on this rule. Interested persons responsibilities among the various (AD) to read as follows: are invited to comment on this rule by levels of government. Therefore, it is submitting such written data, views, or determined that this final rule does not 99–26–05 The New Piper Aircraft, Inc.: have federalism implications under Amendment 39–11464; Docket No. 99– arguments as they may desire. CE–69–AD. Communications should identify the Executive Order 13132. Applicability: The following airplane Rules Docket number and be submitted The FAA has determined that this model and serial numbers, certificated in any in triplicate to the address specified regulation is an emergency regulation category, that are equipped with Purolator air above. All communications received on that must be issued immediately to filter part number (P/N) 638873, Model or before the closing date for comments correct an unsafe condition in aircraft, CA161PL, or Piper P/N 460–632 (PS60007– will be considered, and this rule may be and is not a significant regulatory action 2):
Models Serial numbers
PA±25 ...... all serial number airplanes PA±25±235 ...... all serial number airplanes PA±25±260 ...... all serial number airplanes PA±28S±160 ...... all serial number airplanes PA±28S±180 ...... all serial number airplanes PA±32S±300 ...... all serial number airplanes PA±28±151/161 ..... all serial number airplanes that have Supplemental Type Certificate SA2946SO incorporated
Note 1: This AD applies to each airplane the effect of the modification, alteration, or (a) Within the next 25 hours time-in- identified in the preceding applicability repair on the unsafe condition addressed by service (TIS) after the effective date of this provision, regardless of whether it has been this AD; and, if the unsafe condition has not AD, replace, with an FAA-approved modified, altered, or repaired in the area been eliminated, the request should include induction air filter, any Purolator/Facet specific proposed actions to address it. subject to the requirements of this AD. For induction air filter, Purolator part number (P/ airplanes that have been modified, altered, or Compliance: Required as indicated in the N) 638873, Model No. CA161PL, Piper P/N repaired so that the performance of the body of this AD, unless already 460–632 (PS60007–2), that incorporates the requirements of this AD is affected, the accomplished. owner/operator must request approval for an To prevent pieces of a damaged induction criteria presented in both paragraphs (a)(1) alternative method of compliance in air filter from being ingested into the engine, and (a)(2) of this AD. Accomplish this accordance with paragraph (e) of this AD. which could result in reduced or loss of replacement in accordance with the The request should include an assessment of engine power, accomplish the following: applicable maintenance manual.
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(1) Was manufactured anytime from Issued in Kansas City, Missouri, on comments on the proposal to the FAA. January 1997 through September 1998; and December 8, 1999. No comments objecting to the proposal (2) Is identified with a .250 (1/4)-inch high Marvin R. Nuss, were received. (white) ink stamp ‘‘FACET–638873’’, and Acting Manager, Small Airplane Directorate, may include ‘‘FAA–PMA’’. Aircraft Certification Service. The Rule Note 2: This AD allows the aircraft owner [FR Doc. 99–32369 Filed 12–13–99; 8:45 am] This amendment to part 71 of the or pilot to check the maintenance records to determine whether any Purolator/Facet BILLING CODE 4910±13±U Federal Aviation Regulations (14 CFR induction air filter, Purolator P/N 638873, part 71) amends Class D airspace at Model No. CA161PL, Piper P/N 460–632 Eglin AFB, FL. (PS60007–2), has been installed between DEPARTMENT OF TRANSPORTATION The FAA has determined that this January 1, 1997, and January 13, 2000 (the regulation only involves an established Federal Aviation Administration effective date of this AD). See paragraph (c) body of technical regulations for which of this AD for authorization. 14 CFR Part 71 frequent and routine amendments are Note 3: Piper Service Bulletin No. 1022, necessary to keep them operationally dated September 22, 1998, and Purolator [Airspace Docket No. 99±ASO±19] current. It, therefore, (1) is not a Service Bulletin No.: SB090298.01, dated ‘‘significant regulatory action’’ under September 16, 1998, provide information Amendment to Class D Airspace; Eglin Executive Order 12866; (2) is not a relating to the subject of this AD, including AFB, FL procedures on how to identify the affected ‘‘significant rule’’ under DOT induction air filters. AGENCY: Federal Aviation Regulatory Policies and Procedures (44 (b) As of the effective date of this AD, no Administration (FAA), DOT. FR 11034; February 26, 1979); and (3) person shall install, on any affected airplane, ACTION: Final rule. does not warrant preparation of a any Purolator/Facet induction air filter, Regulatory Evaluation, as the Purolator P/N 638873, Model No. CA161PL, SUMMARY: This amendment modifies anticipated impact is so minimal. Since Piper P/N 460–632 (PS60007–2), that Class D airspace at Eglin AFB, FL. The this is a routine matter that will only incorporates the criteria presented in both Non-Directional Radio Beacon (NDB) affect air traffic procedures and air paragraphs (a)(1) and (a)(2) of this AD. Runway (RWY) 32 Standard Instrument navigation, it is certified that this rule (c) The owner/operator holding at least a Approach Procedure (SIAP) at Destin- private pilot’s certificate as authorized by will not have a significant economic section 43.7 of the Federal Aviation Fort Walton Beach Airport has been impact on a substantial number of small Regulations (14 CFR 43.7) may check the amended. As a result, additional entities under the criteria of the maintenance records to determine whether controlled airspace extending upward Regulatory Flexibility Act. any Purolator/Facet induction air filter, from the surface is needed to Purolator P/N 638873, Model No. CA161PL, accommodate the SIAP at Destin-Fort List of Subjects in 14 CFR Part 71 Piper P/N 460–632 (PS60007–2), has been Walton Beach Airport. An extension via Airspace, Incorporation by Reference, installed between January 1, 1997, and the 147° bearing from the Destin NDB Navigation (air). January 13, 2000 (the effective date of this will be necessary. The length of the AD). If one of these induction air filters is not Class D airspace extension southeast of Adoption of the Amendment installed, the AD does not apply and the owner/operator must make an entry into the the NDB will be 7 miles, and the width In consideration of the foregoing, the aircraft records showing compliance with of the airspace extension will be 5 Federal Aviation Administration this AD in accordance with § 43.9 of the miles. amends 14 CFR part 71 as follows: Federal Aviation Regulations (14 CFR 43.9). EFFECTIVE DATE: 0901 UTC, February 24, (d) Special flight permits may be issued in 2000. PART 71ÐDESIGNATION OF CLASS A, accordance with §§ 21.197 and 21.199 of the FOR FURTHER INFORMATION CONTACT: CLASS B, CLASS C, CLASS D AND Federal Aviation Regulations (14 CFR 21.197 CLASS E AIRSPACE AREAS; and 21.199) to operate the airplane to a Nancy B. Shelton, Manager, Airspace Branch, Air Traffic Division, Federal AIRWAYS; ROUTES; AND REPORTING location where the requirements of this AD POINTS can be accomplished. Aviation Administration, P.O. Box (e) An alternative method of compliance or 20636, Atlanta, Georgia 30320; 1. The authority citation for 14 CFR adjustment of the compliance times that telephone (404) 305–5627. part 71 continues to read as follows: provides an equivalent level of safety may be approved by the Manager, Atlanta Aircraft SUPPLEMENTARY INFORMATION: Authority: 49 U.S.C. 106(g), 40103, 40113, Certification Office (ACO), One Crown History 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Center, 1895 Phoenix Boulevard, Suite 450, 1963 Comp., p. 389. Atlanta, Georgia 30349. The request shall be On October 29, 1999, the FAA forwarded through an appropriate FAA proposed to amend part 71 of the § 71.1 [Amended] Maintenance Inspector, who may add Federal Aviation Regulations (14 CFR 2. The incorporation by reference in comments and then send it to the Manager, part 71) by amending Class D airspace 14 CFR 71.1 of Federal Aviation Atlanta ACO. at Eglin AFB, FL (64 FR 209). This Administration Order 7400.9G, Airspace Note 4: Information concerning the amendment modifies Class D airspace at Designations and Reporting Points, existence of approved alternative methods of Eglin AFB. Designations for Class D dated September 1, 1999, and effective compliance with this AD, if any, may be airspace extending upward from the September 16, 1999, is amended as obtained from the Atlanta ACO. surface of the earth are published in follows: (f) The service information that relates to FAA Order 7400.9G, dated September 1, Paragraph 5000 Class D Airspace the subject presented in this AD may be 1999, and effective September 16, 1999, obtained from The New Piper Aircraft, Inc., which is incorporated by reference in 14 * * * * * 2926 Piper Drive, Vero Beach, Florida 32960. This information may be inspected at the CFR part 71.1. The Class D designation ASO FL D Eglin AFB, FL [Revised] FAA, Central Region, Office of the Regional listed in this document will be Eglin AFB, FL Counsel, 901 Locust, Room 506, Kansas City, published subsequently in the Order. (Lat. 30°29′00′′ N, long. 86°31′34′′ W) Missouri. Interested parties were invited to Destin-Fort Walton Beach Airport (g) This amendment becomes effective on participate in this rulemaking (Lat. 30°24′00′′ N, long. 86°28′17′′ W) January 13, 2000. proceeding by submitting written Destin NDB
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(Lat. 30°24′18′′ N, long. 86°28′26′′ W) Nancy B. Shelton, Manager, Airspace PART 71ÐDESIGNATION OF CLASS A, Duke Field Branch, Air Traffic Division, Federal CLASS B, CLASS C, CLASS D AND ° ′ ′′ ° ′ ′′ (Lat. 30 39 07 N, long. 86 31 23 W) Aviation Administration, P.O. Box CLASS E AIRSPACE AREAS; Hurlburt Field 20636, Atlanta, Georgia 30320; AIRWAYS; ROUTES; AND REPORTING (Lat. 30°25′44′′ N, long. 86°41′20′′ W) telephone (404) 305–5627. POINTS That airspace extending upward from the surface, to and including 2,600 feet MSL SUPPLEMENTARY INFORMATION: 1. The authority citation for 14 CFR within a 5.5-mile radius of Eglin AFB and part 71 continues to read as follows: within a 4-mile radius of Destin Fort Walton History Beach Airport and within 2.5 miles each side Authority: 49 U.S.C. 106(g), 40103, 40113, of the 147° bearing from the Destin NDB, On October 29, 1999, the FAA 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– extending 7 miles southeast of the NDB, proposed to amend part 71 of the 1963 Comp., p. 389. excluding the portion north of a line Federal Aviation Regulations (14 CFR § 71.1 [Amended] connecting the 2 points of intersection within part 71) by amending Class D airspace a 5.2-mile radius circle centered on Duke at Jacksonville NAS Cecil Field, FL (64 2. The incorporation by reference in Field; excluding the portion southwest of a FR 208). This amendment modifies 14 CFR 71.1 of Federal Aviation line connecting the 2 points of intersection Class D airspace at Jacksonville NAS Administration Order 7400.9G, Airspace within a 5.3-mile radius of Hurlburt Field; Cecil Field, FL. Designations for Class D Designations and Reporting Points, excluding a portion east of a line beginning ° ′ ′′ ° ′ ′′ airspace extending upward from the dated September 1, 1999, and effective at lat. 30 30 43 N, long. 86 26 21 W, September 16, 1999, is amended as extending north of the 5.5-mile radius and surface of the earth are published in north of a line beginning at lat. 30°30′43′′ N, FAA Order 7400.9G, dated September 1, follows: long. 86°26′21′′ W, extending to the 5.5-mile 1999, and effective September 16, 1999, Paragraph 5000 Class D Airspace radius. which is incorporated by reference in 14 * * * * * * * * * * CFR part 71.1. The Class D designation Issued in College Park, Georgia, on listed in this document will be ASO FL D Jacksonville Cecil Field, FL December 2, 1999. published subsequently in the Order. [Revised] Nancy B. Shelton, Interested parties were invited to Cecil Field, FL (Lat. 30°13′07′′N, long. 81°52′36′′W) Acting Manager, Air Traffic Division, participate in this rulemaking Southern Region. Herlong Airport proceeding by submitting written (Lat. 30°16′40′′N, long. 81°48′21′′W) [FR Doc. 99–32347 Filed 12–13–99; 8:45 am] comments on the proposal to the FAA. That airspace extending upward from the BILLING CODE 4910±13±M No comments objecting to the proposal surface, to and including 2,600 feet MSL, were received. within a 5.5-mile radius of Cecil Field; The Rule excluding that airspace within a 1-mile DEPARTMENT OF TRANSPORTATION radius of Herlong Airport. This Class D airspace area is effective during specific dates Federal Aviation Administration This amendment to part 71 of the Federal Aviation Regulations (14 CFR and times established in advance by a Notice to Airmen. The effective date and time will 14 CFR Part 71 part 71) amends Class D airspace at thereafter be continuously published in the Jacksonville NAS Cecil Field, FL. Airport/Facility Directory. [Airspace Docket No. 99±ASO±20] The FAA has determined that this * * * * * regulation only involves an established Issued in College Park, Georgia, on Amendment to Class D Airspace; body of technical regulations for which December 7, 1999. Jacksonville NAS Cecil Field, FL frequent and routine amendments are Wade T. Carpenter, Jr., AGENCY: Federal Aviation necessary to keep them operationally Acting Manager, Air Traffic Division, Administration (FAA), DOT. current. It, therefore, (1) is not a Southern Region. ACTION: Final rule. ‘‘significant regulatory action’’ under [FR Doc. 99–32348 Filed 12–13–99; 8:45 am] Executive Order 12866; (2) is not a BILLING CODE 4910±13±M SUMMARY: This amendment modifies ‘‘significant rule’’ under DOT Class D airspace at Jacksonville NAS Regulatory Policies and Procedures (44 Cecil Field, FL, and will change the FR 11034; February 26, 1979); and (3) DEPARTMENT OF TRANSPORTATION name of the airport to Cecil Field does not warrant preparation of a Airport. The U.S. Navy has Regulatory Evaluation, as the Federal Aviation Administration discontinued operations at NAS Cecil anticipated impact is so minimal. Since 14 CFR Part 71 Field, including decommissioning the this is a routine matter that will only Cecil Nondirectional Radio Beacon affect air traffic procedures and air [Airspace Docket No. 99±ASO±18] (NDB) and the Cecil Tactical Air navigation, it is certified that this rule Navigation (TACAN) navigational aids, will not have a significant economic Amendment to Class D Airspace; thereby eliminating airspace extensions. impact on a substantial number of small Eastover, SC The Jacksonville, FL, Port Authority has entities under the criteria of the AGENCY: Federal Aviation opened a contract airport traffic control Regulatory Flexibility Act. Administration (FAA), DOT. tower at the airport. The control tower List of Subjects in 14 CFR Part 71 at Cecil Field is scheduled to be open ACTION: Final rule. 0800–1800, daily, Monday through Airspace, Incorporation by Reference, SUMMARY: This amendment modifies Friday. Therefore, the Class D airspace Navigation (air). Class D airspace at Mc Entire ANGS, hours of operation will be amended Adoption of the Amendment Eastover, SC. In accordance with a from continuous to part time. periodical review, the Non-Directional EFFECTIVE DATE: 0901 UTC, February 24, In consideration of the foregoing, the Radio Beacon (NDB) Runway (RWY) 32 2000. Federal Aviation Administration Standard Instrument Approach FOR FURTHER INFORMATION CONTACT: amends 14 CFR part 71 as follows: Procedure (SIAP) requires additional
VerDate 29-OCT-99 19:43 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.XXX pfrm02 PsN: 14DER1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations 69633 airspace. As a result, additional impact on a substantial number of small DEPARTMENT OF TRANSPORTATION controlled airspace extending upward entities under the criteria of the from the surface is needed to Regulatory Flexibility Act. Coast Guard accommodate the SIAP at Mc Entire ANGS. An extension via the 164° List of Subjects in 14 CFR Part 71 33 CFR Parts 26 and 161 bearing from the Mc Entire NDB for the Airspace, Incorporation by Reference, [USCG±1999±6141] NDB RWY 32 SIAP will be necessary. Navigation (air). The length of the Class D airspace RIN 2115±AF92 extension southeast of the NDB will be Adoption of the Amendment Puget Sound Vessel Traffic Service 6.3 miles, and the width of the airspace extension will be 5 miles. In consideration of the foregoing, the AGENCY: Coast Guard, DOT. Federal Aviation Administration EFFECTIVE DATE: 0901 UTC, February 24, ACTION: Direct final rule. 2000. amends 14 CFR part 71 as follows: SUMMARY: By this direct final rule, the FOR FURTHER INFORMATION CONTACT: PART 71ÐDESIGNATION OF CLASS A, Coast Guard amends the designated Nancy B. Shelton, Manager, Airspace CLASS B, CLASS C, CLASS D AND monitoring areas of the Puget Sound Branch, Air Traffic Division, Federal CLASS E AIRSPACE AREAS; Vessel Traffic Service (VTS). This Aviation Administration, P.O. Box AIRWAYS; ROUTES, AND REPORTING amendment enhances safe navigation by 20636, Atlanta, Georgia 30320; POINTS moving a frequency-monitoring telephone (404) 305–5627. boundary so that mariners are no longer SUPPLEMENTARY INFORMATION: 1. The authority for 14 CFR part 71 required to change designated History continues to read as follows: frequencies and report to the VTS while attempting to negotiate a bend in the Authority: 49 U.S.C. 106(g), 40103, 40113, On October 29, 1999, the FAA navigational channel. proposed to amend part 71 of the 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– DATES: This rule is effective on March Federal Aviation Regulations (14 CFR 1963 Comp., p. 389. 15, 2000, unless an adverse comment, or part 71) by amending Class D airspace § 71.1 [Amended] notice of intent to submit an adverse at Mc Entire ANGS, SC, (64 FR 209). comment, reaches the Docket This amendment modifies Class D 2. The incorporation by reference in Management Facility on or before airspace at Mc Entire ANGS. 14 CFR 71.1 of Federal Aviation February 14, 2000. If we receive an Designations for Class D airspace Administration Order 7400.9G, Airspace adverse comment, or notice of intent to extending upward from the surface of Designations and Reporting Points, submit an adverse comment, we will the earth are published in FAA Order dated September 1, 1999, and effective withdraw this direct final rule and 7400.9G, dated September 1, 1999, and September 16, 1999, is amended as publish a timely notice of withdrawal in effective September 16, 1999, which is follows: the Federal Register. incorporated by reference in 14 CFR part 71.1. The Class D designation listed Paragraph 500 Class D Airspace ADDRESSES: To make sure your in this document will be published * * * * * comments and related material are not subsequently in the Order. entered more than once in the docket, ASO SC D Eastover, SC [Revised] Interested parties were invited to please submit them by only one of the participate in this rulemaking Eastover, Mc Entire ANGS, SC following methods: proceeding by submitting written (Lat. 33°55′06′′ N, long. 80°47′59′′ W) (1) By mail to the Docket Management comments on the proposal to the FAA. Mc Entire NDB Facility (USCG–1999–6141), U.S. ° ′ ′′ ° ′ ′′ No comments objecting to the proposal (Lat. 33 56 09 N, long. 80 47 56 W) Department of Transportation, room were received. That airspace extending upward from the PL–401, 400 Seventh Street SW., surface to and including 2,800 feet MSL Washington, DC 20590–0001. The Rule within a 4.5-mile radius of Mc Entire ANGS (2) By delivery to room PL–401 on the This amendment to part 71 of the and within 2.5 miles each side of the 164° Plaza level of the Nassif Building, 400 Federal Aviation Regulations (14 CFR bearing from the Mc Entire NDB, extending Seventh Street SW., Washington, DC, part 71) amends Class D airspace at Mc 6.3 miles southeast of the NDB. This Class D between 9 a.m. and 5 p.m., Monday Entire ANGS, Eastover, SC. airspace area is effective during the specific through Friday, except Federal The FAA has determined that this dates and times established in advance by a holidays. The telephone number is regulation only involves an established Notice to Airmen. The effective date and time 202–366–9329. body of technical regulations for which will thereafter be continuously published in (3) By fax to the Docket Management frequent and routine amendments are the Airport/Facility Directory. Facility at 202–493–2251. necessary to keep them operationally * * * * * (4) Electronically through the Web Site current. It, therefore, (1) Is not a Issued in College Park, Georgia, on for the Docket Management System at ‘‘significant regulatory action’’ under December 2, 1999. http://dms.dot.gov. Executive Order 12866; (2) is not a Nancy B. Shelton, The Docket Management Facility ‘‘significant rule’’ under DOT Acting Manager, Air Traffic Division, maintains the public docket for this Regulatory Policies and Procedures (44 Southern Region. rulemaking. Comments and material FR 11034; February 26, 1979); and (3) received from the public, as well as [FR Doc. 99–32346 Filed 12–13–99; 8:45 am] does not warrant preparation of a documents mentioned in this preamble Regulatory Evaluation, as the BILLING CODE 4910±13±M as being available in the docket, will anticipated impact is so minimal. Since become part of this docket and will be this is a routine matter that will only available for inspection or copying at affect air traffic procedures and air room PL–401 on the Plaza level of the navigation, it is certified that this rule Nassif Building, 400 Seventh Street will not have a significant economic SW., Washington, DC, between 9 a.m.
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.071 pfrm03 PsN: 14DER1 69634 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations and 5 p.m., Monday through Friday, paragraph, or section of this rule and it and 161.12(b) to reflect the new except Federal holidays. You may also is possible to address that provision frequency boundary. find this docket on the Internet at http:/ separately without defeating the Regulatory Evaluation /dms.dot.gov. purpose of this rule, we may adopt as FOR FURTHER INFORMATION CONTACT: For final those provisions of this rule on This rule is not a ‘‘significant questions on this rule, call Jorge Arroyo, which no adverse comment was regulatory action’’ under section 3(f) of Office of Vessel Traffic Management (G– received. Any provision of this rule that Executive Order 12866 and does not MWV), Coast Guard, telephone 202– was the subject of an adverse comment require an assessment of potential costs 267–6277 or E-mail will be withdrawn. If we decide to and benefits under section 6(a)(3) of that [email protected]. For questions proceed with a rulemaking following Order. The Office of Management and on viewing or submitting material to the receipt of an adverse comment, we will Budget has not reviewed it under that docket, call Dorothy Walker, Chief, publish a separate Notice of Proposed Order. It is not ‘‘significant’’ under the Dockets, Department of Transportation, Rulemaking (NPRM) and provide a new regulatory policies and procedures of telephone 202–366–9329. opportunity for comment. the Department of Transportation A comment is considered ‘‘adverse’’ if (DOT)(44 FR 11040, February 26, 1979). SUPPLEMENTARY INFORMATION: the comment explains why this rule We expect the economic impact of this Request for Comments would be inappropriate, including a rule to be so minimal that a full We encourage you to participate in challenge to the rule’s underlying Regulatory Evaluation under paragraph this rulemaking by submitting premise or approach, or would be 10e of the regulatory policies and comments and related material. If you ineffective or unacceptable without a procedures of DOT is unnecessary. do so, please include your name and change. This rule will not impose any additional costs on industry. It will not address, identify the docket number for Background and Discussion of Changes this rulemaking (USCG–1999–6141), impose any new costs on the public indicate the specific section of this To manage and communicate because it does not create a new document to which each comment effectively with all vessels and users requirement. This rulemaking simply applies, and give the reason for each within the Puget Sound Vessel Traffic shifts the boundary between two comment. You may submit your Service (VTS), we have divided the VTS existing monitoring areas. area into two distinct monitoring areas. comments and material by mail, hand Small Entities delivery, fax, or electronic means to the The designated radio frequency for each Docket Management Facility at the area will remain the same and are Under the Regulatory Flexibility Act address under ADDRESSES; but please described in 33 CFR parts 26 and 161. (5 U.S.C. 601–612), we considered submit your comments and material by If you use the VTS, you must change whether this rule will have a significant only one means. If you submit them by designated radio frequencies and report economic impact on a substantial mail or hand delivery, submit them in to the VTS when you are crossing the number of small entities. The term boundary between monitoring areas. an unbound format, no larger than 81⁄2 ‘‘small entities’’ comprises small by 11 inches, suitable for copying and Traditionally, a user moving between businesses, not-for-profit organizations scanning. If you mail your comments the two areas would make the report that are independently owned and and would like to know they reached while attempting to negotiate a bend in operated and are not dominant in their the Facility, please enclose a stamped, the navigational channel. fields, and governmental jurisdictions self-addressed postcard or envelope. We In 1997, we made technological with populations of less than 50,000. will consider all comments and material improvements to the communications This change in the location of a received during the comment period. and surveillance equipment at the boundary will impose no new costs. We may change this rule in view of Seattle Center of the VTS. As personnel Therefore, the Coast Guard certifies them. at the Center became more adept with under 5 U.S.C. 605(b) that this rule will the upgraded equipment, they not have a significant economic impact Regulatory Information recognized that this situation could be on a substantial number of small The Coast Guard is publishing a direct alleviated with a slight alteration to the entities. Comments submitted in final rule, the procedures of which are designated monitoring areas. response to this finding will be outlined in 33 CFR 1.05–55, because no In an effort to enhance safe navigation evaluated under the criteria in the adverse comment is anticipated. If no and improve procedures within the ‘‘Regulatory Information’’ section of this adverse comment or notice of intent to Seattle Center, the boundary line that preamble. submit an adverse comment is received delineates the monitoring areas will be Assistance for Small Entities within the specified comment period, moved approximately 3 miles south of this rule will become effective as stated its existing location (i.e., from a line Under section 213(a) of the Small in the DATES section. In that case, connecting Marrowstone Point and Business Regulatory Enforcement approximately 30 days before the Lagoon Point to a line connecting Fairness Act of 1996 (Pub. L. 104–121), effective date, we will publish a Nodule Point and Bush Point). This rule we want to assist small entities in document in the Federal Register does not change any substantive understanding this rule so that they can stating that no adverse comment was requirements of existing regulations. better evaluate its effects on them and received and confirming that this rule The purpose of this rulemaking is to participate in the rulemaking. If the rule will become effective as scheduled. change a frequency-monitoring will affect your small business, or However, if we receive an adverse boundary within the VTS area. We will organization, or governmental comment or notice of intent to submit move the boundary, described as ‘‘a line organization and you have questions an adverse comment, we will publish a connecting Marrowstone Point and concerning its provisions or options for document in the Federal Register Lagoon Point’’ approximately 3 miles to compliance, please contact Mr. Jorge announcing withdrawal of all or part of the south and rename the boundary ‘‘a Arroyo, Office of Vessel Traffic this direct final rule. If an adverse line connecting Nodule Point and Bush Management (G–MWV), Coast Guard, comment applies to an amendment, Point.’’ We have changed tables 26.03(f) telephone 202–267–6277.
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Small businesses may send comments in any one year. Though this rule will The shift in the boundary line will have on the actions of Federal employees not result in such an expenditure, we do no impact on the environment. A who enforce, or otherwise determine discuss the effects of this rule elsewhere ‘‘Categorical Exclusion Determination’’ compliance with, Federal regulations to in this preamble. is available in the docket for inspection the Small Business and Agriculture or copying where indicated under Taking of Private Property Regulatory Enforcement Ombudsman ADDRESSES. and the Regional Small Business This rule will not effect a taking of List of Subjects Regulatory Fairness Boards. The private property or otherwise have Ombudsman evaluates these actions taking implications under E.O. 12630, 33 CFR Part 26 annually and rates each agency’s Governmental Actions and Interference Communications equipment, Marine responsiveness to small business. If you with Constitutionally Protected Property safety, Radio, Telephone, Vessels. wish to comment on actions by Rights. employees of the Coast Guard, call 1– Civil Justice Reform 33 CFR Part 161 888–REG–FAIR (1–888–734–3247). This rule meets applicable standards Harbors, Navigation (water), Collection of Information in sections 3(a) and 3(b)(2) of E.O. Reporting and Recordkeeping This rule will call for no new 12988, Civil Justice Reform, to minimize requirements, Vessels, Waterways. collection of information under the litigation, eliminate ambiguity, and For the reasons discussed in the Paperwork Reduction Act of 1995 (44 reduce burden. preamble, the Coast Guard amends 33 CFR parts 26 and 161 as follows: U.S.C. 3501–3520). Protection of Children Federalism We have analyzed this rule under E.O. PART 26ÐVESSEL BRIDGE-TO- We have analyzed this rule under E.O. 13045, Protection of Children from BRIDGE RADIOTELEPHONE 13132 and have determined that this Environmental Health Risks and Safety REGULATIONS rule does not have implications for Risks. This rule is not an economically federalism under that order. significant rule and does not concern an 1. The authority citation for part 26 environmental risk to health or risk to continues to read as follows: Unfunded Mandates Reform Act safety that may disproportionately affect Authority: 14 U.S.C. 2; 33 U.S.C. 1201– The Unfunded Mandates Reform Act children. 1208; 49 CFR 1.45(b), 1.46; Rule 1, of 1995 (2 U.S.C. 1531–1538) requires International Regulations for the Prevention Federal agencies to assess the effects of Environment of Collisions at Sea. their regulatory actions not specifically We considered the environmental 2. In § 26.03, in table 26.03(f), revise required by law. In particular, the Act impact of this rule and concluded that, the entry for Seattle Traffic to read as addresses actions that may result in the under figure 2–1, paragraph 34(i) of follows: expenditure by a State, local, or tribal Commandant Instruction M16475.1C, government, in the aggregate, or by the this rule is categorically excluded from § 26.03 Radiotelephone required. private sector of $100,000,000 or more further environmental documentation. * * * * *
TABLE 26.03(F)ÐVESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREAS
Designated Vessel traffic services 1 frequency 2 Monitoring area call sign (channel designation)
******* Puget Sound 5 Seattle Traffic 6 156.700 MHz (Ch.14) The navigable waters of Puget Sound, Hood Canal and adjacent waters south of a line con- necting Nodule Point (48°01.5′N 122°40.05′W) and Bush Point (48°01.5′N 122°36.23′W) in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point (47°34′N 122°40′W) on Whidbey Island to the shoreline. 156.250 MHz (Ch.5A) The navigable waters of the Strait of Juan de Fuca east of 124°40′W, excluding the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks (48°18′N 123°32′W); the navigable waters of the Strait of Georgia east of 122°52′W; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty of Juan de Fuca north and east of Race Rocks (48°18′N 123°32′W); the navigable waters of the Strait of Georgia east of 122°52′W; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Nodule Point (48°01.5′N 122°40.05′W) and Bush Point (48°01.5′N 122°36.23′W) and all waters of Whidbey Island north of a line drawn due east from the southernmost tip of Possession Point (47°34′N 122°40′W) on Whidbey Island to the shoreline.
******* Notes: 1 VTS regulations are denoted in 33 CFR 161. All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83). 2 In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion on a designated VTS frequency, communications may be established on an alternate VTS frequency. The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that provided by other means. ******* 5 A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate vessel traffic center administers the rules issued by both nations; however, it will enforce only its own set of rules within its jurisdiction.
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6 Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz (Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than strictly adhering to the designated frequency required for each monitoring area as defined above. This does not require a vessel to monitor both primary frequencies. *******
PART 161±VESSEL TRAFFIC Authority: 33 U.S.C. 1223, 1231; 49 CFR column and the entry for Puget Sound, MANAGEMENT 1.46. Seattle Traffic to read as follows: 3. The authority citation for part 161 4. In § 161.12, in table 161.12(b), § 161.12 Vessel operating requirements. continues to read as follows: revise the heading for the second * * * * *
TABLE 161.12(B)ÐVESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREAS
Vessel traffic services Designated frequency 1 (channel Monitoring area call sign designation)
******* Puget Sound 4 Seattle Traffic 5 156.700 MHz (Ch.14) The navigable waters of Puget Sound, Hood Canal and adjacent waters south of a line con- necting Nodule Point (48°01.5′N 122°40.05′W) and Bush Point (48°01.5′N 122°36.23′W) in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point (47°34′N 122°40′W) on Whidbey Island to the shoreline. 156.250 MHz (Ch.5A) The navigable waters of the Strait of Juan de Fuca east of 124°40′W, excluding the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks (48°18′N 123°32′W); the navigable waters of the Strait of Georgia east of 122°52′W; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty of Juan de Fuca north and east of Race Rocks (48°18′N 123°32′W); the navigable waters of the Strait of Georgia east of 122°52′W; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Nodule Point (48°01.5′N 122°40.05′W) and Bush Point (48°01.5′N 122°36.23′W) and all waters of Whidbey Island north of a line drawn due east from the southernmost tip of Possession Point (47°34′N 122°40′W) on Whidbey Island to the shoreline.
******* Notes: 1 In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion on a designated VTS frequency, communications may be established on an alternate VTS frequency. The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that provided by other means. ******* 4 A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate vessel traffic center administers the rules issued by both nations; however, it will enforce only its own set of rules within its jurisdiction. 5 Seattle Traffic may direct a vessel to monitor the other primary VTS frequency, 156.250 MHz (Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than strictly adhering to the designated frequency required for each monitoring area as defined above. This does not require a vessel to monitor both primary frequencies. *******
Dated: December 3, 1999. that lists the Office of Management and SUPPLEMENTARY INFORMATION: EPA is Joseph J. Angelo, Budget (OMB) control numbers issued amending the table of currently Acting Assistant Commandant for Marine under the Paperwork Reduction Act for approved information collection request Safety and Environmental Protection. Risk Management Program (ICR) control numbers issued by OMB [FR Doc. 99–32097 Filed 12–13–99; 8:45 am] Requirements and Petitions to Modify for various regulations. This amendment BILLING CODE 4910±15±U the List of Regulated Substances under updates the table to list those Section 112(r) of the Clean Air Act. The information collection requirements in final rule establishing the list of the List Rule and the RMP Rule. EPA ENVIRONMENTAL PROTECTION regulated substances and threshold combined the information collection AGENCY quantities under CAA section 112(r) was requirements promulgated under these published on January 31, 1994 (59 FR two rules, which was approved by OMB 40 CFR Part 9 4478, ‘‘List Rule’’), which also includes on September 30, 1999 (OMB Control provisions and procedures for No. 2050–0144). The affected [FRL±6505±8] submitting a petition to add or delete a regulations, Chemical Accident substance. The requirements for the OMB Approvals Under the Paperwork Prevention Provisions, are codified at 40 Reduction Act; Technical Amendment Risk Management Program was published on June 20, 1996 (61 FR CFR part 68. EPA will continue to AGENCY: Environmental Protection 31668, ‘‘RMP Rule’’). EPA combined the present OMB control numbers in a Agency (EPA). information collection requirements consolidated table format to be codified in 40 CFR part 9 of the Agency’s ACTION: Final rule. promulgated under these two rules. regulations, and in each CFR volume EFFECTIVE DATE: SUMMARY: In compliance with the December 14, 1999. containing EPA regulations. The table Paperwork Reduction Act (PRA), this FOR FURTHER INFORMATION CONTACT: Sicy technical amendment amends the table Jacob, 202–260–7249.
VerDate 29-OCT-99 19:11 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.XXX pfrm02 PsN: 14DER1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations 69637 lists CFR citations with reporting, that before a rule may take effect, the OMB control recordkeeping, or other information agency promulgating the rule must 40 CFR citation No. collection requirements, and the current submit a rule report, which includes a OMB control numbers. This listing of copy of the rule, to each House of the the OMB control numbers and their Congress and to the Comptroller General ***** Chemical Accident Prevention Provisions subsequent codification in the CFR of the United States. Section 808 allows satisfies the requirements of the the issuing agency to make a good cause 68.12 ...... 2050±0144 Paperwork Reduction Act (44 U.S.C. finding that notice and public procedure 68.15 ...... 2050±0144 3501 et seq.) and OMB’s implementing is impracticable, unnecessary or 68.39 ...... 2050±0144 regulations at 5 CFR part 1320. contrary to the public interest. This 68.42 ...... 2050±0144 This ICR was previously subject to determination must be supported by a 68.48 ...... 2050±0144 public notice and comment prior to brief statement. 5 U.S.C. 808(2). As 68.50 ...... 2050±0144 OMB approval. Due to the technical stated previously, EPA has made such a 68.52 ...... 2050±0144 nature of the table, EPA finds that 68.56 ...... 2050±0144 good cause finding, including the 68.58 ...... 2050±0144 further notice and comment is reasons therefor, and established an unnecessary. As a result, EPA finds that 68.60 ...... 2050±0144 effective date of December 14, 1999. The 68.65 ...... 2050±0144 there is ‘‘good cause’’ under section List Rule was promulgated prior to the 68.67 ...... 2050±0144 553(b)(B) of the Administrative effective date of the Congressional 68.69 ...... 2050±0144 Procedure Act, 5 U.S.C. 553(b)(B), to Review Act. The RMP Rule which was 68.71 ...... 2050±0144 amend this table without prior notice promulgated in June 1996, was 68.73 ...... 2050±0144 and comment. submitted to the U.S. Senate, the U.S. 68.75 ...... 2050±0144 House of Representatives, and the 68.79 ...... 2050±0144 I. Administrative Requirements 68.81 ...... 2050±0144 Comptroller General of the United Under Executive Order 12866 (58 FR 68.83 ...... 2050±0144 States prior to publication of the rule in 51735, October 4, 1993), this action is 68.85 ...... 2050±0144 the Federal Register. This action is not not a ‘‘significant regulatory action’’ and 68.95 ...... 2050±0144 a ‘‘major rule’’ as defined by 5 U.S.C. is therefore not subject to review by the 68.120(a), (e), and (g) ...... 2050±0144 804(2). 68.150 ...... 2050±0144 Office of Management and Budget. In 68.155 ...... 2050±0144 addition, this action does not impose List of Subjects in 40 CFR Part 9 68.160 ...... 2050±0144 any enforceable duty, contain any Environmental protection, Reporting 68.165 ...... 2050±0144 unfunded mandate, or impose any and recordkeeping requirements. 68.168 ...... 2050±0144 significant or unique impact on small 68.170 ...... 2050±0144 governments as described in the Dated: December 2, 1999. 68.175 ...... 2050±0144 Unfunded Mandates Reform Act of 1995 Oscar Morales, 68.180 ...... 2050±0144 (Public Law 104–4). This rule also does Director, Collection Strategies Division, Office 68.185 ...... 2050±0144 not require prior consultation with of Information Collection. 68.190 ...... 2050±0144 State, local, and tribal government 68.200 ...... 2050±0144 For the reasons set out in the 68.215 ...... 2050±0144 officials as specified by Executive Order preamble, 40 CFR part 9 is amended as 68.220 ...... 2050±0144 12875 (58 FR 58093, October 28, 1993) follows: or Executive Order 13084 (63 FR 27655 * * * * * (May 10, 1998), or involve special PART 9Ð[AMENDED] [FR Doc. 99–32379 Filed 12–13–99; 8:45 am] consideration of environmental justice related issues as required by Executive 1. The authority citation for part 9 BILLING CODE 6560±50±P Order 12898 (59 FR 7629, February 16, continues to read as follows: 1994). Because this action is not subject Authority: 7 U.S.C. 135 et seq., 136–136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; ENVIRONMENTAL PROTECTION to notice-and-comment requirements AGENCY under the Administrative Procedure Act 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 or any other statute, it is not subject to U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (d) and 40 CFR Part 63 the regulatory flexibility provisions of (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, the Regulatory Flexibility Act (5 U.S.C. 1971–1975 Comp. p. 973; 42 U.S.C. 241, [AD±FRL±6508±7] 601 et seq.). This rule also is not subject 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, to Executive Order 13045 (62 FR 19885, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, RIN 2060±A158 April 23, 1997) because EPA interprets 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., Executive Order 13045 as applying only 6901–6992k, 7401–7671q, 7542, 9601–9657, Title V Operating Permit Deferrals for to those regulatory actions that are 11023, 11048. Area Sources: National Emission based on health or safety risks, such that 2. In § 9.1 the table is amended by Standards for Hazardous Air Pollutants the analysis required under section 5– revising the entry for ‘‘68.120(a), (e), and (NESHAP) for Chromium Emissions 501 of the Order has the potential to (g)’’ and adding new entries in from Hard and Decorative Chromium influence the regulation. This rule is not numerical order under the indicated Electroplating and Chromium subject to Executive Order 13045 heading to read as follows: Anodizing Tanks; Ethylene Oxide because it does not establish an Commercial Sterilization and environmental standard intended to § 9.1 OMB approvals under the Paperwork Fumigation Operations; mitigate health or safety risks. Reduction Act. Perchloroethylene Dry Cleaning * * * * * Congressional Review Act Facilities; Halogenated Solvent Cleaning Machines; and Secondary The Congressional Review Act, 5 Lead Smelting U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement AGENCY: Environmental Protection Fairness Act of 1996, generally provides Agency (EPA).
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ACTION: Final rule; amendments. No. A–88–02, subpart N NESHAP; final action may not be challenged Docket No. A–88–03, subpart O separately in any civil or criminal SUMMARY: This action continues to allow NESHAP; Docket No. A–92–39, subpart proceeding brought by us to enforce permitting authorities the discretion to T NESHAP; Docket No. A–92–43, these requirements. defer Clean Air Act (Act) title V subpart X NESHAP. These dockets are operating permit requirements until Technology Transfer Network. The available for public inspection at the Technology Transfer Network (TTN) is December 9, 2004, for area sources of air U.S. Environmental Protection Agency, pollution that are subject to five a network of our electronic bulletin Air and Radiation Docket and boards. The TTN provides information NESHAPs. These amendments continue Information Center (6102), 401 M Street to relieve industrial sources, State, local, and technology exchange in various SW, Washington, DC 20460, telephone areas of air pollution control. You can and tribal agencies, and the EPA (202) 260–7548, Room M–1500, Regional Offices of an undue regulatory access the TTN through the Internet at Waterside Mall (ground floor). We may burden during a time when available http://www.epa.gov/ttn/. If you need charge a reasonable fee for copying. resources are needed to implement the more information on the TTN, call the title V permit program for major FOR FURTHER INFORMATION CONTACT: For HELP line at (919) 541–5384. sources. Under these amendments, further information on today’s action, The preamble outline follows. contact Mr. Rick Colyer, Emission sources must continue to meet all I. What types of facilities are potentially applicable requirements, including all Standards Division (MD–13), U.S. affected by these amendments? applicable emission control, monitoring, Environmental Protection Agency, II Summary of the Proposed Rule and recordkeeping, and reporting Research Triangle Park, NC, 27711, Description of the Final Rule requirements established by the telephone number (919) 541–5262, fax III. What has changed since proposal? respective NESHAP. number (919) 541–0942, or e-mail: IV What comments did we receive on the The title V operating permit deferral [email protected]. For further proposed amendments? is an option at the permitting authority’s information regarding applicability of V. What are the administrative requirements discretion under EPA-approved State your source to today’s action, contact for these amendments? your title V permitting authority. A. Executive Order 12866: Regulatory operating permit programs and not an Planning and Review automatic deferral that the source can SUPPLEMENTARY INFORMATION: Judicial B. Executive Order 13084: Consultation and invoke. Thus, State operating permit Review. We proposed these Coordination with Indian Tribal authorities are free to require area amendments on August 18, 1999 (64 FR Governments sources subject to the five NESHAPS to 45116). This action promulgating these C. Executive Order 13132: Federalism obtain title V permits. In areas where no amendments constitutes final D. Congressional Review Act State operating permit program is in administrative action concerning that E. Unfunded Mandates Reform Act effect, and the Federal operating permit F. Regulatory Flexibility Act proposal. Under section 307(b)(1) of the G. Paperwork Reduction Act program is administered by EPA, we Act, judicial review of these final will defer the requirement for title V H. Executive Order 13045: Protection of amendments is available only by filing Children from Environmental Health permitting for these area sources until a petition for review in the U.S. Court Risks and Safety Risks December 9, 2004. of Appeals for the District of Columbia I. National Technology Transfer and EFFECTIVE DATE: December 14, 1999. by February 14, 2000. Under section Advancement Act ADDRESSES: The following dockets, 307(d)(7)(B) of the Act, only an I. What types of facilities are containing supporting information for objection to this rule that was raised potentially affected by these the original rulemakings, are available with reasonable specificity during the amendments? for public inspection between 8 a.m. period for public comment can be raised and 5:30 p.m., Monday through Friday during judicial review. Moreover, under The regulated categories and entities except for Federal holidays: Docket No. section 307(b)(2) of the Act, the potentially affected by this action A–88–11, subpart M NESHAP; Docket requirements established by today’s include:
North American Industry Clas- Category sification System Codes Examples of Potentially Regulated Entities.
Industry ...... 331492 ...... Secondary lead smelters. 332, 333, 334, 335, 336, 447 Halogenated solvent cleaning machines at fabricated metal product manufacturing facilities, machinery manufacturing facilities, computer and electronic product manufacturing facili- ties, electrical equipment, appliance, and component manufacturing facilities, transpor- tation equipment manufacturing facilities, and gasoline stations. 332, 333, 334, 335, 336 ...... Chromium electroplating machines at fabricated metal product manufacturing facilities, ma- chinery manufacturing facilities, computer and electronic product manufacturing facilities, electrical equipment, appliance, and component manufacturing facilities, and transpor- tation equipment manufacturing facilities. 8123 ...... Dry cleaning and laundry facilities. 3391 ...... Ethylene oxide sterilizers at medical equipment and supplies manufacturing facilities.
This table is not intended to be determine whether your facility, • § 63.320, perchloroethylene dry exhaustive, but rather provides a guide company, business organization, etc., is cleaning. for readers of the entities likely to be affected by this action, you should • § 63.340, chromium electroplating. affected by this action. This table lists carefully examine the applicability • § 63.360, ethylene oxide sterilizers. the types of entities that we are now criteria in the following sections of title • § 63.460, halogenated solvent aware could be affected by this action. 40 of the Code of Federal Regulations cleaners. Other types of entities not listed in this (CFR): table could also be affected. To • § 63.541, secondary lead smelters.
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If you have questions regarding the covered by title V permits, the likely the NESHAPs that are being amended applicability of this action to a benefit of permitting such sources, and by today’s rulemaking to obtain title V particular entity, consult your title V the costs and other burdens on such permits at this time would constitute an permitting authority. sources associated with obtaining title V impracticable, infeasible and permits. However, as we explained in unnecessary burden on these area II. Summary of the Proposed Rule and the August 18, 1999, proposal, we do sources, and would be an additional Description of the Final Rule not yet have sufficient information to burden on the permitting authorities The purpose of EPA’s proposed determine whether permanent that have not yet determined that they amendments was to allow title V exemptions are warranted for these area are prepared to begin permitting these permitting authorities to extend the sources and are continuing to evaluate sources. deadline for area sources subject to five the other considerations. Thus, we are III. What Has Changed Since Proposal? NESHAPs for submitting title V permit not prepared to make decisions that applications. The source categories either permanently relieve these area We received seven comment letters, covered by the proposal were hard and sources from title V or that require them most of which supported the proposed decorative chromium electroplating and to become immediately subject to the deferral extension. We have considered chromium anodizing tanks, ethylene permitting requirement. all comments received (summarized and oxide commercial sterilization and Moreover, we noted that many responded to in the next section) and fumigation operations, permitting authorities are struggling to concluded that no changes from perchloroethylene dry cleaning timely issue initial title V permits to proposal are necessary. facilities, secondary lead smelting major sources and other sources that IV. What Comments Did We Receive on facilities, and halogenated solvent have been subject to the permitting the Proposed Amendments? cleaning machines at area sources. We requirement since the beginning of the have previously allowed permitting program, and that we are concerned The following paragraphs contain authorities to defer permit applications about the impact of subjecting area summaries of the comments we received for these area sources in a series of sources to the permit application on the proposal and our responses. rulemakings (60 FR 29484, June 5, 1995; deadlines on permitting authorities. We Comment: Most commenters 61 FR 27785, June 3, 1996; and 64 FR stated that we believe the most supported the proposed deferral of title 37683, July 13, 1999). Those provisions reasonable approach is to extend the V permitting of area sources. expire on December 9, 1999. Since the status quo for one more 5-year cycle of Commenters provided numerous conditions prompting the allowance for permitting while we obtain necessary reasons for their support, including previous deferrals have not changed (see information, rather than to decide by assertions that the subject area sources 64 FR 45116, August 18, 1999), we default by allowing the existing deferral are already adequately controlled, and proposed to extend the deferral to expire. that there would be no additional provisions for the five NESHAPs for Today’s final amendments adopt the environmental benefit of requiring them another 5 years. We also proposed to amendments as proposed and extend to get permits; that permitting would revise the relevant regulations in order the option of approved part 70 impose a significant unnecessary to improve their understandability, as permitting authorities to defer the burden on regulatory agencies and/or directed by President Clinton’s June 1, subject area sources from the part 70 sources; that the deferral will allow EPA 1998, Executive Memorandum on Plain permitting requirements. The deferral additional time to determine whether Language in Government Writing. may extend until December 9, 2004. The permanent title V exemptions for area Our authority for establishing the deferral is not an automatic benefit sources are appropriate; that additional deferrals is section 502(a) of the Act, provided to the sources. Rather, time is necessary for permitting which allows us to exempt non-major permitting authorities may exercise authorities to review and issue title V sources from the permitting requirement their discretion to either defer the area permits to sources currently required to if we find that compliance with title V sources or to require them to apply for obtain title V permits; and that current is impracticable, infeasible, or and obtain part 70 permits. Some rules and permitting mechanisms unnecessarily burdensome on the permitting authorities may decide that already sufficiently address area sources sources. Our General Provisions area sources in the subject source under State and local programs. implementing section 112 of the Act categories warrant permitting based on Response: We appreciate the support provide that unless we explicitly local considerations or other factors, or for the proposed extension of the exempt or defer area sources subject to they may have in place streamlined deferral. The EPA understands that a NESHAP from the title V permitting permitting mechanisms (such as the use these area sources are already required requirement, they are subject to of general permits or ‘‘permits by rule’’) to comply with emissions standards permitting (40 CFR 63.1(c)(2)(iii)). As a that minimize the burden on both the regardless of whether they are required result, under 40 CFR 70.3(b)(2), permitting authority and the source. to obtain permits. However, there are 71.3(b)(2) and 63.1(c)(2), we are to For area sources that are not covered some general advantages to permitting determine whether area sources will be by an effective approved part 70 that should not be overlooked. required to obtain title V permits when program and are subject to the EPA- Requiring sources to obtain title V we adopt the underlying NESHAP. administered part 71 permitting permits helps assure that complex When we initially established the program, today’s final rule amendments applicability determinations, i.e., which ability for permitting authorities to defer hereby announce that area sources requirements apply and how, are these area sources from title V, we subject to the five NESHAPS mentioned resolved prior to the issuance of a stated that we would decide whether to above are deferred from permitting permit. In addition to providing clarity adopt permanent exemptions by the under part 71 until December 9, 2004. for a source, the resolution of a source’s time the deferrals expired, and that we For purposes of both part 70 and part applicability issues facilitates both civil would continue to evaluate the 71, for the reasons discussed in the and criminal enforcement of the permitting authorities’ implementation proposal (64 FR 45116, August 18, 1999) source’s applicable requirements. In the and enforcement of the NESHAP and as explained below, we conclude process of applying for a title V permit, requirements for area sources not that requiring all area sources subject to many sources have discovered that they
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.002 pfrm03 PsN: 14DER1 69640 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations are out of compliance with various currently subject to the program and, beginning of the title V permit program applicable requirements. The therefore, are not at an implementation did not fully anticipate what was regulations at 40 CFR parts 70 and 71 stage that allows them to shift their involved in implementing the title V require sources to self-certify attention to area sources. program, have still not caught up on compliance with applicable Comment: One commenter claimed their backlog of major source permit requirements initially and annually and that the deferred area sources would be applications, and may not, merely provide additional assurance of ongoing allowed to continue to emit chemicals through imposing fees, feel prepared to emissions reductions. Permitting unchecked into the air, exposing expand title V permitting to area provides an opportunity for the public employees and the public to sources. to comment on whether a source is uncontrolled levels of the emitted Finally, while the presence of a title complying with its applicable chemicals during the deferral period. V permit does enhance public access to requirements. Permits also require This commenter also felt that funding of information and facilitates citizen prompt reporting of deviations from the expanding the title V permit program to participation in enforcement, the permit permit. In short, one of the benefits of cover area sources would be no problem deferral should not deny public access title V permitting is that it enhances the because permit fees would make it to environmental information. All non- effectiveness of rules. unnecessary to draw upon limited confidential emissions information that We are also aware that some States existing resources. This commenter was underlying applicable requirements and local agencies subject these sources also concerned that the permitting direct sources to send to implementing to non-title V permitting programs that deferral would impede public access to agencies is publically available under may serve purposes similar to those of environmental data. The commenter the applicable rule requirements, title V. At this point in the stressed the benefits of the permitting regardless of the source’s permit status implementation of title V, we agree that process, including those involving (see 40 CFR 63.15). there may be significant undue burden consistent reporting procedures, Comment: One State permitting on permitting authorities not prepared improved measurements of pollution, authority commenter believes that area for area source permitting and on area improved air quality data, and greater source permitting can occur without sources preparing title V permit public participation. creating an undue burden by issuing applications. Some permitting Response: The permit program does title V general permits, or ‘‘permits by authorities did not fully anticipate the not directly control emissions to the air, rule,’’ to area sources. This commenter amount of work necessary to implement but as discussed above enhances further recommended establishing a the title V program, and clearly some of compliance assurance with all strong compliance assistance program to these question whether the additional applicable requirements including enhance the permitting program. In work of permitting thousands of area emissions limitations. The permit is addition, the commenter supported a sources provides a commensurate essentially a comprehensive document strong inspection program and good benefit. Moreover, many of these reflecting the regulatory requirements recordkeeping requirements. However, permitting authorities are currently that the source must already meet. The the commenter felt that reporting struggling to issue permits to major existing regulatory requirements that requirements were an ineffective burden sources and other covered sources, and impose emission standards, including for most area sources. Finally, the are not yet prepared to add to this these five Maximum Achievable Control commenter recommended that should significant permitting responsibility. Technology (MACT) rules, irrespective EPA decide to continue the deferral as While for some permitting authorities of the title V permit, provide the air proposed, it should use the deferral this problem could possibly be emission reduction requirements, and period to review and revise the title V overcome by using more streamlined most of the monitoring, recordkeeping, program to make it more appropriate for permitting approaches, e.g., general and reporting requirements under the area sources. permits (see §§ 70.6(d) and 71.6(d)), we Act that are needed to determine and Response: The commenter is correct may use the deferral period to consider enforce compliance. All of these rules in pointing out that general permits ways to reduce the permitting burden are still in effect, and sources must issued under 40 CFR parts 70 and 71 on area sources and to better comply with them. Therefore, the can be used and can be an effective way accommodate the needs of area source absence of a title V permit for an area to issue permits to area sources without permitting. We will also use the source subject to a NESHAP will not creating an undue burden for the source additional time to assess whether or not allow it to emit pollutants ‘‘unchecked’’ categories being covered by the general permanent exemptions are appropriate. into the air. permits. The commenter provides a We agree that permitting authorities While EPA agrees that title V permit good example of the discretionary should be allowed to defer, if necessary, fees should be set at levels high enough nature of the deferral. The deferral being title V permitting for area sources, if to allow the permitting authority to hire promulgated in today’s rulemaking does additional time is necessary to issue and retain qualified permit writers, we not automatically apply to every non- permits to sources currently required to are not convinced that the ability to Federal title V permitting authority. obtain title V permits. It is apparent that charge area sources fees alone would Rather, this rulemaking allows non- title V permitting is not at the stage enable permitting authorities to Federal permitting authorities to choose originally envisioned when the part 70 immediately expand their title V whether deferral from title V permitting rules were promulgated. At this point in programs to cover area sources. This is for area sources subject to one or more time, EPA anticipated that most, if not because permitting authorities have also of these five MACT standards is all, part 70 permits would have been faced significant problems in timely appropriate for the area sources in issued to sources subject to the program issuance of permits to major sources, question. In this case, the commenter upon its effective date, and that which are also covered by fees. Since has been able to structure his permitting permitting authorities would be in a area sources are far more numerous than program so that the permitting authority better position to expand the program to major sources, we expect that forcing an can issue permits to area sources easily other sources. However, many expansion at this point could raise and with little additional burden to the permitting authorities need additional problems apart from adequate funding. sources themselves. The commenter has time to issue permits to sources that are Many permitting authorities at the also implemented a strong compliance
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.003 pfrm03 PsN: 14DER1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations 69641 assistance program, coupled with a permitting such sources, and the costs of their concerns, and a statement strong inspection program and good and other burdens on such sources supporting the need to issue the recordkeeping requirements to associated with obtaining a title V regulation. In addition, Executive Order complement the general permits being permit (see 61 FR 27785 (June 3, 1996)). 13084 requires the EPA to develop an issued. The EPA applauds the effective process permitting elected V. What Are the Administrative commenter’s ability to overcome officials and other representatives of potential difficulties in permitting Requirements for These Amendments? Indian tribal governments ‘‘to provide thousands of area sources. A. Executive Order 12866: Regulatory meaningful and timely input in the However, there are many permitting Planning and Review development of regulatory policies on authorities that continue to experience matters that significantly or uniquely Under Executive Order 12866 (58 FR difficulties in issuing title V permits, affect their communities.’’ even to major sources. This, in turn, 51735, October 4, 1993), the Agency These amendments do not alter the would put a burden on the area sources must determine whether the regulatory control standards imposed by 40 CFR that would have to get permits if the action is ‘‘significant’’ and, therefore, part 63, subparts M, N, O, T, or X for deferral were to expire because the subject to Office of Management (OMB) any source, including any that may permitting authority may not be able to review and the requirements of the affect communities of the Indian tribal provide much assistance to area sources Executive Order. The Executive Order governments. Under the amendments, in preparing their permit applications. defines ‘‘significant regulatory action’’ sources must continue to meet all Many permitting authorities may not be as one that is likely to result in a rule applicable requirements, including all able to simply emulate the permitting that may: applicable emission control, monitoring, approach taken by the commenter (1) Have an annual effect on the recordkeeping, and reporting because of legislative or other economy of $100 million or more or requirements established by the constraints. This is evidenced by the adversely affect in a material way the respective NESHAP. Hence, today’s other permitting authorities that economy, a sector of the economy, action does not significantly or uniquely commented in support of the deferral. productivity, competition, jobs, the affect the communities of Indian tribal The EPA will take under advisement environment, public health or safety, or governments. Accordingly, the the commenter’s suggestions that we State, local, or Tribal governments or requirements of section 3(b) of review and revise, if necessary, the area communities; Executive Order 13084 do not apply to source component of the title V permit (2) Create a serious inconsistency or these amendments. program during the deferral period. The otherwise interfere with an action taken EPA is not at this point prepared to or planned by another agency; C. Executive Order 13132: Federalism commit to such a revision or even agree (3) Materially alter the budgetary Executive Order 13132, entitled that one is appropriate, but would impact of entitlements, grants, user fees, ‘‘Federalism’’ (64 FR 43255, August 10, welcome further comments on this or loan programs, or the rights and 1999), requires EPA to develop an issue. obligations of recipients thereof; or accountable process to ensure Comment: Several commenters (4) Raise novel legal or policy issues ‘‘meaningful and timely input by State further recommended a permanent arising out of legal mandates, the and local officials in the development of exemption from title V permitting for President’s priorities, or the principles regulatory policies that have Federalism area sources subject to these five MACT set forth in the Executive Order. implications.’’ ‘‘Policies that have standards. It has been determined that these Federalism implications’’ are defined in Response: For essentially the same amendments do not qualify as a the Executive Order to include reasons that we are not prepared to ‘‘significant regulatory action’’ under regulations that have ‘‘substantial direct immediately require permits for area the terms of Executive Order 12866 and, effects on the States, on the relationship sources, we are not promulgating a therefore, are not subject to review by between the national government and permanent exemption for these area OMB. the States, or on the distribution of sources at this time. That is, EPA is not power and responsibilities among the B. Executive Order 13084: Consultation in a position to conclude whether these various levels of government.’’ Under and Coordination With Indian Tribal sources should or should not be Executive Order 13132, EPA may not Governments required to obtain permits. Several issue a regulation that has Federalism permitting authorities are currently able Under Executive Order 13084, the implications, that imposes substantial to accommodate area source permitting. EPA may not issue a regulation that is direct compliance costs, and that is not The EPA will weigh the burden of title not required by statute, that required by statute, unless the Federal V permitting of area sources with the significantly or uniquely affects the government provides the funds advantages of title V permitting in communities of Indian tribal necessary to pay the direct compliance making future decisions regarding governments, and that imposes costs incurred by State and local permanent exemptions. The EPA will substantial direct compliance costs on governments, or EPA consults with use this deferral period to determine if those communities, unless the Federal State and local officials early in the title V permitting is necessary for government provides the funds process of developing the proposed certain or all area sources subject to necessary to pay the direct compliance regulation. The EPA also may not issue these five MACT standards and deferred costs incurred by the tribal a regulation that has Federalism as of this rulemaking from title V governments, or EPA consults with implications and that preempts State permitting until December 9, 2004. As those governments. If EPA complies by law unless the Agency consults with stated in the first deferral rulemaking for consulting, Executive Order 13084 State and local officials early in the these five MACT source categories, we requires EPA to provide to OMB, in a process of developing the proposed will also continue to evaluate State and separately identified section of the regulation. local agencies’ implementation and preamble to the rule, a description of If EPA complies by consulting, enforcement of these five MACT the extent of EPA’s prior consultation Executive Order 13132 requires EPA to standards for area sources not covered with representatives of affected tribal provide OMB in a separately identified by title V permits, the likely benefit of governments, a summary of the nature section of the preamble to the rule, a
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.005 pfrm03 PsN: 14DER1 69642 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations federalism summary impact statement E. Unfunded Mandates Reform Act these final amendments. The EPA has (FSIS). The FSIS must include a Title II of the Unfunded Mandates also determined that these amendments description of the extent of EPA’s prior Reform Act of 1995 (UMRA), Public will not have a significant economic consultation with State and local Law 104–4, establishes requirements for impact on a substantial number of small officials, a summary of the nature of Federal agencies to assess the effects of entities, because they impose no their concerns and the Agency’s their regulatory actions on State, local, additional regulatory requirements on position supporting the need to issue and tribal governments and the private owners or operators of affected sources the regulation, and a statement of the sector. Under section 202 of the UMRA, and allow State and federal permitting extent to which the concerns of State the EPA generally must prepare a authorities to continue to relieve owners or operators of such sources of and local officials have been met. Also, written statement, including a cost- regulatory requirements that may when EPA transmits a draft final rule benefit analysis, for proposed and final otherwise apply if this action is not with federalism implications to OMB for rules with ‘‘Federal mandates’’ that may taken. review pursuant to Executive Order result in expenditures to State, local, 12866, EPA must include a certification and tribal governments, in the aggregate, G. Paperwork Reduction Act from the agency’s Federalism Official or to the private sector, of $100 million These amendments do not require the stating that EPA has met the or more in any 1 year. Before collection of any information. Therefore, requirements of Executive Order 13132 promulgating an EPA rule for which a the requirements of the Paperwork in a meaningful and timely manner. written statement is needed, section 205 Reduction Act do not apply. of the UMRA generally requires the EPA These final amendments will not have to identify and consider a reasonable H. Executive Order 13045: Protection of substantial direct effects on the States, number of regulatory alternatives and Children from Environmental Health on the relationship between the national adopt the least costly, most cost- Risks and Safety Risks government and the States, or on the effective or least burdensome alternative Executive Order 13045: ‘‘Protection of distribution of power and that achieves the objectives of the rule. Children from Environmental Health responsibilities among the various The provisions of section 205 do not Risks and Safety Risks’’ (62 FR 19885, levels of government, as specified in apply when they are inconsistent with April 23, 1997) applies to any rule that Executive Order 13132. These applicable law. Moreover, section 205 (1) is determined to be ‘‘economically amendments impose no requirements allows the EPA to adopt an alternative significant’’ as defined under Executive on the States, and simply allow the other than the least costly, most cost- Order 12866, and (2) concerns and States the option to exercise their effective, or least burdensome environmental health or safety risk that discretion to defer certain area sources alternative if the Administrator the EPA has reason to believe may have from title V permitting. These publishes with the final rule an a disproportionate effect on children. If amendments neither preempt States explanation why that alternative was the regulatory action meets both criteria, from requiring these sources to obtain not adopted. Before the EPA establishes the Agency must evaluate the permits, nor impose any burden on any regulatory requirements that may environmental health or safety effects of States seeking to do so. Rather, the significantly or uniquely affect small the planned rule on children, and intent of these amendments is to governments, including tribal explain why the planned regulation is continue to allow States and their area governments, it must have developed preferable too other potentially sources to avoid burdens that would under section 203 of the UMRA a small effectively and reasonably feasible befall them if EPA were to allow the government agency plan. The plan must alternatives considered by the Agency. current regulatory provisions to expire. provide for notifying potentially The EPA interprets Executive Order Thus, the requirements of section 6 of affected small governments, enabling 13045 as applying only to those the Executive Order do not apply to this officials of affected small governments regulatory actions that are based on rule. to have meaningful and timely input in health or safety risks, such that the the development of EPA regulatory analysis required under section 5–501 of D. Congressional Review Act proposals with significant Federal the Executive Order has the potential to The Congressional Review Act, 5 intergovernmental mandates, and influence the regulation. These informing, educating, and advising U.S.C. 801 et seq., as added by the Small amendments are not subject to small governments on compliance with Business Regulatory Enforcement Executive Order 13045 because they do the regulatory requirements. not establish an environmental standard Fairness Act of 1996, generally provides The EPA has determined that these intended to mitigate health or safety that before a rule may take effect, the amendments do not contain a Federal risks. agency promulgating the rule must mandate that may result in expenditures I. National Technology Transfer and submit a rule report, which includes a of $100 million or more for State, local, Advancement Act copy of the rule, to each House of the and tribal governments, in the aggregate, Congress and to the Comptroller General or the private sector in any 1 year nor Section 12(d) of the National of the United States. The EPA will do they significantly or uniquely impact Technology Transfer and Advancement submit a report containing this rule and small governments, because they Act of 1995 (NTTAA) directs all Federal other required information to the U.S. contain no requirements that apply to agencies to use voluntary consensus Senate, the U.S. House of such governments or impose obligations standards instead of government-unique Representatives, and the Comptroller upon them. Thus, today’s amendments standards in their regulatory activities General of the United States prior to are not subject to the requirements of unless to do so would be inconsistent publication of the rule in the Federal sections 202 and 205 of the UMRA. with applicable law or otherwise Register. A major rule cannot take effect impractical. Voluntary consensus until 60 days after it is published in the F. Regulatory Flexibility Act standards are technical standards (e.g., Federal Register. This action is not a The EPA has determined that it is not material specifications, test methods, ‘‘major rule’’ as defined by 5 U.S.C. necessary to prepare a regulatory sampling and analytical procedures, 804(2). flexibility analysis in connection with business practices, etc.) that are
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If you Automotive Engineers (SAE). The (e) * * * own or operate any other solvent NTTAA requires Federal agencies like (2) If you are the owner or operator of cleaning machine subject to the EPA to provide Congress, through OMB, a source subject to the provisions of this provisions of this subpart, you are also with explanations when an agency subpart, you are also subject to title V subject to title V permitting decides not to use available and permitting requirements under 40 CFR requirements. Your title V permitting applicable voluntary consensus parts 70 or 71, as applicable. Your title authority may defer your source from standards. V permitting authority may defer your these permitting requirements until source from these permitting These amendments do not involve December 9, 2004, if your source is not technical standards. Therefore, EPA is requirements until December 9, 2004, if your source is not a major source and a major source and is not located at a not considering the use of any voluntary major source as defined under 40 CFR consensus standards. is not located at a major source as defined under 40 CFR 63.2, 70.2, or 63.2, 70.2, or 71.2, and is not otherwise List of Subjects in 40 CFR Part 63 71.2, and is not otherwise required to required to obtain a title V permit. If you obtain a title V permit. If you receive a receive a deferral under this section, Environmental protection, Air you must submit a title V permit pollution control, Hazardous deferral under this section, you must submit a title V permit application by application by December 9, 2005. You substances, Intergovernmental relations, must continue to comply with the Reporting and recordkeeping December 9, 2005. You must continue to provisions of this subpart applicable to requirements. comply with the provisions of this subpart applicable to area sources, even area sources, even if you receive a Dated December 8, 1999. if you receive a deferral from title V deferral from title V permitting Carol M. Browner, permitting requirements. requirements. Administrator. Subpart OÐ[Amended] * * * * * For the reasons cited in the preamble, part 63, title 40, chapter I of the Code 4. Section 63.360 is amended by Subpart XÐ[Amended] of Federal Regulations is amended as revising paragraph (f) to read as follows: follows: 6. Section 63.541 is amended by § 63.360 Applicability. revising paragraph (c) to read as follows: PART 63Ð[AMENDED] * * * * * (f) If you are the owner or operator of § 63.541 Applicability. 1. The authority citation for part 63 a source subject to the provisions of this * * * * * continues to read as follows: subpart, you are also subject to title V (c) If you are the owner or operator of permitting requirements under 40 CFR Authority: 42 U.S.C. 7401, et seq. a source subject to the provisions of this parts 70 or 71, as applicable. Your title subpart, you are also subject to title V Subpart MÐ[Amended] V permitting authority may defer your source from these permitting permitting requirements under 40 CFR parts 70 or 71, as applicable. Your title 2. Section 63.320 is amended by requirements until December 9, 2004, if revising paragraph (k) to read as follows: your source is not a major source and V permitting authority may defer your is not located at a major source as source from these permitting § 63.320 Applicability. defined under 40 CFR 63.2, 70.2, or requirements until December 9, 2004, if * * * * * 71.2, and is not otherwise required to your source is not a major source and (k) If you are the owner or operator of obtain a title V permit. If you receive a is not located at a major source as a source subject to the provisions of this deferral under this section, you must defined under 40 CFR 63.2, 70.2, or subpart, you are also subject to title V submit a title V permit application by 71.2, and is not otherwise required to permitting requirements under 40 CFR December 9, 2005. You must continue to obtain a title V permit. If you receive a parts 70 or 71, as applicable. Your title comply with the provisions of this deferral under this section, you must V permitting authority may defer your subpart applicable to area sources, even submit a title V permit application by source from these permitting if you receive a deferral from title V December 9, 2005. You must continue to requirements until December 9, 2004, if permitting requirements. comply with the provisions of this your source is not a major source and * * * * * subpart applicable to area sources, even is not located at a major source as if you receive a deferral from title V defined under 40 CFR 63.2, 70.2, or Subpart TÐ[Amended] permitting requirements. 71.2, and is not otherwise required to 5. Section 63.468 is amended by [FR Doc. 99–32325 Filed 12–9–99; 3:21 pm] obtain a title V permit. If you receive a revising paragraph (j) to read as follows: deferral under this section, you must BILLING CODE 6560±50±P submit a title V permit application by § 63.468 Reporting requirements. December 9, 2005. You must continue to * * * * * comply with the provisions of this (j) The Administrator has determined, subpart applicable to area sources, even pursuant to section 502(a) of the Act, if you receive a deferral from title V that if you are an owner or operator of permitting requirements. any batch cold solvent cleaning
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FEDERAL EMERGENCY listed for each community in this Regulatory Flexibility Act MANAGEMENT AGENCY interim rule. However, the address of The Associate Director, Mitigation the Chief Executive Officer of the 44 CFR Part 65 Directorate, certifies that this rule is community where the modified base exempt from the requirements of the [Docket No. FEMA±7301] flood elevation determinations are Regulatory Flexibility Act because available for inspection is provided. modified base flood elevations are Changes in Flood Elevation Any request for reconsideration must required by the Flood Disaster Determinations be based upon knowledge of changed Protection Act of 1973, 42 U.S.C. 4105, conditions, or upon new scientific or AGENCY: Federal Emergency and are required to maintain community technical data. Management Agency, FEMA. eligibility in the National Flood The modifications are made pursuant Insurance Program. No regulatory ACTION: Interim rule. to section 201 of the Flood Disaster flexibility analysis has been prepared. SUMMARY: This interim rule lists Protection Act of 1973, 42 U.S.C. 4105, Regulatory Classification communities where modification of the and are in accordance with the National base (1% annual chance) flood Flood Insurance Act of 1968, 42 U.S.C. This interim rule is not a significant elevations is appropriate because of new 4001 et seq., and with 44 CFR part 65. regulatory action under the criteria of scientific or technical data. New flood For rating purposes, the currently section 3(f) of Executive Order 12866 of insurance premium rates will be effective community number is shown September 30, 1993, Regulatory calculated from the modified base flood and must be used for all new policies Planning and Review, 58 FR 51735. elevations for new buildings and their and renewals. Executive Order 12612, Federalism contents. The modified base flood elevations This rule involves no policies that DATES: These modified base flood are the basis for the floodplain have federalism implications under elevations are currently in effect on the management measures that the Executive Order 12612, Federalism, dates listed in the table and revise the community is required to either adopt dated October 26, 1987. Flood Insurance Rate Map(s) (FIRMs) in or to show evidence of being already in effect prior to this determination for effect in order to qualify or to remain Executive Order 12778, Civil Justice each listed community. qualified for participation in the Reform From the date of the second National Flood Insurance Program. This rule meets the applicable publication of these changes in a These modified elevations, together standards of section 2(b)(2) of Executive newspaper of local circulation, any with the floodplain management criteria Order 12778. person has ninety (90) days in which to required by 44 CFR 60.3, are the List of Subjects in 44 CFR Part 65 request through the community that the minimum that are required. They Associate Director reconsider the should not be construed to mean that Flood insurance, Floodplains, changes. The modified elevations may the community must change any Reporting and recordkeeping be changed during the 90-day period. existing ordinances that are more requirements. ADDRESSES: The modified base flood stringent in their floodplain Accordingly, 44 CFR part 65 is elevations for each community are management requirements. The amended to read as follows: available for inspection at the office of community may at any time enact the Chief Executive Officer of each stricter requirements of its own, or PART 65Ð[AMENDED] community. The respective addresses pursuant to policies established by other 1. The authority citation for part 65 are listed in the following table. Federal, state or regional entities. continues to read as follows: FOR FURTHER INFORMATION CONTACT: The changes in base flood elevations Matthew B. Miller, P.E., Chief, Hazards are in accordance with 44 CFR 65.4. Authority: 42 U.S.C. 4001 et seq.; Study Branch, Mitigation Directorate, Reorganization Plan No. 3 of 1978, 3 CFR, National Environmental Policy Act 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Federal Emergency Management 3 CFR, 1979 Comp., p. 376. Agency, 500 C Street SW., Washington, This rule is categorically excluded DC 20472, (202) 646–3461, or (email) from the requirements of 44 CFR Part § 65.4 [Amended] [email protected]. 10, Environmental Consideration. No 2. The tables published under the SUPPLEMENTARY INFORMATION: The environmental impact assessment has authority of § 65.4 are amended as modified base flood elevations are not been prepared. follows:
Dates and name of news- State and County Location paper where notice was Chief executive officer of community Effective date of Community published modification No.
Connecticut: Hartford ...... Town of Berlin ...... September 7, 1999, Sep- Ms. Bonnie Therrien, Town of Berlin December 13, 090022 D tember 14, 1999, New Manager, Berlin Town Hall, 240 1999. Britain Herald. Kensington Road, Berlin, Con- necticut 06037. Hartford ...... Town of West August 11, 1999, August Mr. Barry Feldman, West Hartford November 16, 095082 Hartford. 18, 1999, Hartford Town Manager, West Hartford 1999. News. Town Hall, 50 South Main Street, West Hartford, Connecticut 06107. Hartford ...... Town of West August 26, 1999, West Mr. Barry Feldman, Town of West September 17, 095082 C Hartford. Hartford News. Hartford Manager, West Hartford 1999. Town Hall, 50 South Main Street, West Hartford, Connecticut 06107.
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Dates and name of news- State and County Location paper where notice was Chief executive officer of community Effective date of Community published modification No.
Hartford ...... Town of July 15, 1999, July 27, Mr. Lee Erdmann, Town of October 18, 1999 090040 Wethersfield. 1999, The Hartford Wethersfield Manager, 505 Silas Courant. Deane Highway, Wethersfield, Con- necticut 06109. Florida: Alachua ...... City of Alachua ..... August 16, 1999, August, The Honorable James Lewis, Mayor February 9, 2000 120001 C 23 1999, The Gaines- of the City of Alachua, P.O. Box 9, ville Sun. Alachua, Florida 32616,. Hillsborough .. Unincorporated August 5, 1999, August Mr. Daniel A. Kleman, Hillsborough July 28, 1999 ...... 120112 D Areas. 12, 1999, Tampa Trib- County Administrator, Hillsborough une. County Center, 26th Floor, P.O. Box 1110, Tampa, Florida 33601. Sarasota ...... Unincorporated July 15, 1999, July 22, Mr. Jim Ley, Sarasota County Admin- July 8, 1999 ...... 125144 D Areas. 1999, Sarasota Herald- istrator, 1660 Ringling Boulevard, Tribune. Sarasota, Florida 34236. Illinois: Cook ...... City of Elgin ...... September 10, 1999, Sep- The Honorable Ed Schock, Mayor of September 3, 170087 D tember 17, 1999, The the City of Elgin, 150 Dexter Court, 1999. Courier News. Elgin, Illinois 60120±5555. DuPage ...... City of Elmhurst ... June 4, 1999, June 11, The Honorable Thomas D. Marcucci, May 26, 1999 ...... 170205 C 1999, The Elmhurst Mayor of the City of Elmhurst, 209 Press. North York Street, Elmhurst, Illinois 60126±2892. Cook ...... Village of August 12, 1999, August Mr. Thomas J. Murawski, Village of August 3, 1999 ..... 170127 C Midlothian. 19, 1999, Midlothian Midlothian President, 14801 South Bremen Messenger. Pulaski Road, Midlothian, Illinois 60445. Cook ...... Village of Orland July 28, 1999, August 4, The Honorable David J. McLaughlin, November 2, 1999 170140 D Park. 1999, The Daily Mayor of the Village of Orland Southtown. Park, Village Hall, 14700 South Ravinia Avenue, Orland Park, Illi- nois 60642. Cook ...... Village of Palatine June 21, 1999, June 28, Mr. Michael Cassady, Village of Pala- September 26, 175170 1999, Daily Herald. tine Manager, 200 East Wood 1999. Street, Palatine, Illinois 60067± 5339. Will ...... Village of August 20, 1999, August Mrs. Bertha J. Hofer, Village of August 12, 1999 .. 170712 E Shorewood. 27, 1999, The Herald- Shorewood President, 903 West News. Jefferson Street, Shorewood, Illi- nois 60431. Kentucky: Daviess ...... City of Owensboro June 1, 1999, June 8, The Honorable Reid Haire, Daviess May 24, 1999 ...... 210062 C 1999, Messenger-In- County Judge/Executive, Daviess quirer. County Courthouse, P.O. Box 1716, Owensboro, Kentucky 42302. Maine: Lincoln ...... Town of Boothbay October 7, 1999, October Mr. Dabney A. Lewis, Code Enforce- September 28, 230213 B Harbor. 14, 1999, Boothbay ment Officer, 11 Howard Street, 1999. Register. Boothbay Harbor, Maine 04538. Massachusetts: Barnstable ..... Town of Falmouth June 29, 1999, July 6, Mr. Peter Bayer, Falmouth Town Ad- June 22, 1999 ...... 255211 G 1999, Enterprise. ministrator, 59 Town Hall Square, Falmouth, Massachusetts 02540. Michigan: Macomb ...... Township of July 22, 1999, July 29, Mr. John D. Brennan, Macomb Town- July 16, 1999 ...... 260445 B Macomb. 1999, The Macomb ship Supervisor, 19925 Twenty- Daily. Three Mile Road, Macomb, Michi- gan 48042. New Hampshire: Rockingham .. City of Portsmouth October 14, 1999, Octo- The Honorable Evelyn Sirrell, Mayor October 6, 1999 ... 330139 B ber 21, 1999, Ports- of the City of Portsmouth, Municipal mouth Herald. Complex, P.O. Box 628, Ports- mouth, New Hampshire 03801. New Jersey: Union ...... Borough of Ro- August 19, 1999, August The Honorable Joseph L. Picaro, August 10, 1999 .. 340472 A selle. 26, 1999, Spectator Mayor of the Borough of Roselle, Leader. 210 Chestnut Street, Roselle, New Jersey 07203. New York: Herkimer ...... Town of Winfield .. October 27, 1999, Novem- Mr. Adelbert Hall, Town of Winfield April 20, 2000 ...... 360323 B ber 3, 1999, The West Supervisor, 152 Rose Road, West Winfield Star. Winfield, New York 13491.
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Dates and name of news- State and County Location paper where notice was Chief executive officer of community Effective date of Community published modification No.
North Carolina: Buncombe ..... City of Ashville ..... August 24, 1999, August The Honorable Leni Stinick, Mayor of August 16, 1999 .. 370032 D 31, 1999, Ashevlle Cit- the City of Asheville, P.O. Box izen-Times. 7148, Asheville, North Carolina 28802. Mitchell ...... Town of May 26, 1999, June 2, The Honorable Charles Vines, Mayor November 22, 370162 C Bakersville. 1999, Mitchell News- of the Town of Bakersville, P.O. 1999. Journal. Box 53, Bakersville, North Carolina 28705. Mitchell ...... Unincorporated May 26, 1999, June 2, Mr. Mike Robinson, Mitchell County November 22, 370161 C Areas. 1999, Mitchell News- Manager, P.O. Box 409, 1999. Journal. Bakersville, North Carolina 28705. Ohio: Montgomery .. Unincorporated September 3, 1999, Sep- Ms. Deborah Feldman, Montgomery December 9, 1999 390775 C Areas. tember 10, 1999, Day- County Administrator, 451 West ton Daily News. Third Street, Dayton, Ohio 45422. Richland ...... City of Shelby ...... June 8, 1999, June 15, The Honorable Doris Payne-Biglin, June 1, 1999 ...... 390479 B 1999, Daily Globe. Mayor of the City of Shelby, 23 West Main Street, Shelby, Ohio 44875. Cuyahoga ...... City of Westlake ... October 27, 1999, Novem- The Honorable Dennis M. Clough, February 1, 2000 390136 C ber 3, 1999, Westlake. Mayor of the City of Westlake, 27216 Hilliard Boulevard, Westlake, Ohio 44145. Pennsylvania: Lackawanna .. Borough of Old July 21, 1999, July 28, The Honorable Phillip Tagliaterra, October 26, 1999 42535 B Forge. 1999, The Scranton Mayor of the Borough of Old Forge, Times. Town Hall, 310 South Main Street, Old Forge, Pennsylvania 18518. Cumberland .. Township of Silver August 23, 1999, August Mr. William S. Cook, Manager of the November 28, 420370 B Spring. 30, 1999, Patriot News. Township of Silver Spring, 6475 1999. Carlisle Pike, Mechanicsburg, Pennsylvania 17055. South Carolina: Richland ...... Unincorporated August 6, 1999, August Mr. T. Cary McSwain, Richland Coun- July 30, 1999 ...... 450170 H Areas. 13, 1999, The State. ty Administrator, 2020 Hampton Street, Columbia, South Carolina 29202. Tennessee: Rutherford ..... City of August 20, 1999, August The Honorable Richard Reeves, November 25, 470168 D Murfreesboro. 27, 1999, Daily News Mayor of the City of Murfreesboro, 1999. Journal. P.O. Box 1139, Murfreesboro, Ten- nessee 37133. Rutherford ..... Unincorporated August 20, 1999, August Ms. Nancy R. Allen, Rutherford Coun- November 25, 470165 D Areas. 27, 1999, Daily News ty Executive, County Courthouse, 1999. Journal. Public Square, Room 101, Murfreesboro, Tennessee 37130. Shelby ...... Unincorporated September 8, 1999, Sep- The Honorable Jim Rout, Mayor of September 2, 470214 D Areas. tember 15, 1999, The Shelby County, 160 North Main 1999. Commercial Appeal. Street, Suite 850, Memphis, Ten- nessee 38103.
(Catalog of Federal Domestic Assistance No. FEDERAL EMERGENCY scientific or technical data. New flood 83.100, ‘‘Flood Insurance.’’) MANAGEMENT AGENCY insurance premium rates will be Dated: November 30, 1999. calculated from the modified base flood Michael J. Armstrong, 44 CFR Part 65 elevations for new buildings and their Associate Director for Mitigation. [Docket No. FEMA±7308] contents. [FR Doc. 99–32359 Filed 12–13–99; 8:45 am] DATES: These modified base flood Changes in Flood Elevation elevations are currently in effect on the BILLING CODE 6718±04±P Determinations dates listed in the table and revise the AGENCY: Federal Emergency Flood Insurance Rate Map(s) in effect Management Agency (FEMA). prior to this determination for each listed community. ACTION: Interim rule. From the date of the second SUMMARY: This interim rule lists publication of these changes in a communities where modification of the newspaper of local circulation, any base (1% annual chance) flood person has ninety (90) days in which to elevations is appropriate because of new request through the community that the
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Associate Director for Mitigation The modified base flood elevations maintain community eligibility in the reconsider the changes. The modified are the basis for the floodplain NFIP. No regulatory flexibility analysis elevations may be changed during the management measures that the has been prepared. 90-day period. community is required to either adopt Regulatory Classification. This ADDRESSES: The modified base flood or to show evidence of being already in interim rule is not a significant elevations for each community are effect in order to qualify or to remain regulatory action under the criteria of available for inspection at the office of qualified for participation in the Section 3(f) of Executive Order 12866 of the Chief Executive Officer of each National Flood Insurance Program September 30, 1993, Regulatory community. The respective addresses (NFIP). Planning and Review, 58 FR 51735. are listed in the following table. These modified elevations, together Executive Order 12612, Federalism. FOR FURTHER INFORMATION CONTACT: with the floodplain management criteria This rule involves no policies that have Matthew B. Miller, Chief, Hazards Study required by 44 CFR 60.3, are the federalism implications under Executive Branch, Mitigation Directorate, 500 C minimum that are required. They Order 12612, Federalism, dated October Street SW., Washington, DC 20472, should not be construed to mean that 26, 1987. (202) 646–3461, or (e-mail) the community must change any Executive Order 12778, Civil Justice [email protected]. existing ordinances that are more Reform. This rule meets the applicable standards of Section 2(b)(2) of Executive SUPPLEMENTARY INFORMATION: The stringent in their floodplain modified base flood elevations are not management requirements. The Order 12778. listed for each community in this community may at any time enact List of Subjects in 44 CFR Part 65 interim rule. However, the address of stricter requirements of its own, or Flood insurance, Floodplains, the Chief Executive Officer of the pursuant to policies established by other Reporting and recordkeeping community where the modified base Federal, State, or regional entities. requirements. flood elevation determinations are The changes in base flood elevations available for inspection is provided. are in accordance with 44 CFR 65.4. Accordingly, 44 CFR Part 65 is Any request for reconsideration must National Environmental Policy Act. This amended to read as follows: be based upon knowledge of changed rule is categorically excluded from the PART 65Ð[AMENDED] conditions, or upon new scientific or requirements of 44 CFR Part 10, technical data. Environmental Consideration. No 1. The authority citation for Part 65 The modifications are made pursuant environmental impact assessment has continues to read as follows: to Section 201 of the Flood Disaster been prepared. Authority: 42 U.S.C. 4001 et seq.; Protection Act of 1973, 42 U.S.C. 4105, Regulatory Flexibility Act. The Reorganization Plan No. 3 of 1978, 3 CFR, and are in accordance with the National Associate Director for Mitigation 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Flood Insurance Act of 1968, 42 U.S.C. certifies that this rule is exempt from 3 CFR, 1979 Comp., p. 376. 4001 et seq., and with 44 CFR Part 65. the requirements of the Regulatory For rating purposes, the currently Flexibility Act because modified base § 65.4 [Amended] effective community number is shown flood elevations are required by the 2. The tables published under the and must be used for all new policies Flood Disaster Protection Act of 1973, authority of § 65.4 are amended as and renewals. 42 U.S.C. 4105, and are required to follows:
Dates and name of State and country Location newpaper where notice Chief executive officer of community Effective date of Community was published modification No.
Arizona: Pima City of Tucson ...... Sept. 30, 1999, Oct. 7, The Honorable George Miller, Mayor, Sept. 10, 1999 ..... 040076 Borough. 1999, The Arizona Daily City of Tucson, P.O. Box 27210, Star. Tucson, Arizona 85726. Oklahoma: Tulsa ...... City of Broken Sept. 28, 1999, Oct. 5, The Honorable James Reynolds, Sept. 8, 1999 ...... 400236 Arrow. 1999, Broken Arrow Mayor, City of Broken Arrow, P.O. Ledger. Box 610, Broken Arrow, Oklahoma 74013. Tulsa ...... City of Tulsa ...... Sept. 30, 1999, Oct. 7, The Honorable M. Susan Savage, Sept. 8, 1999 ...... 405387 1999, Tulsa World. Mayor, City of Tulsa, 200 Civic Center, Tulsa, Oklahoma 74103.
(Catalog of Federal Domestic Assistance No. FEDERAL EMERGENCY for the communities listed below. These 83.100, ‘‘Flood Insurance’’) MANAGEMENT AGENCY modified elevations will be used to Dated: November 30, 1999. calculate flood insurance premium rates Michael J. Armstrong, 44 CFR Part 65 for new buildings and their contents. EFFECTIVE DATES: The effective dates for Associate Director for Mitigation. Changes in Flood Elevation these modified base flood elevations are [FR Doc. 99–32358 Filed 12–13–99; 8:45 am] Determinations indicated on the following table and BILLING CODE 6718±04±P AGENCY: Federal Emergency revise the Flood Insurance Rate Map(s) Management Agency (FEMA). in effect for each listed community prior to this date. ACTION: Final rule. ADDRESSES: The modified base flood SUMMARY: Modified base (1% annual elevations for each community are chance) flood elevations are finalized available for inspection at the office of
VerDate 29-OCT-99 16:49 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.XXX pfrm08 PsN: 14DER1 69648 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations the Chief Executive Officer of each management measures that the Flood Disaster Protection Act of 1973, community. The respective addresses community is required to either adopt 42 U.S.C. 4105, and are required to are listed in the following table. or to show evidence of being already in maintain community eligibility in the FOR FURTHER INFORMATION CONTACT: effect in order to qualify or to remain NFIP. No regulatory flexibility analysis Matthew B. Miller, P.E., Chief, Hazards qualified for participation in the has been prepared. Study Branch, Mitigation Directorate, National Flood Insurance Program Regulatory Classification. This final 500 C Street SW., Washington, DC (NFIP). rule is not a significant regulatory action 20472, (202) 646–3461, or (e-mail) These modified elevations, together under the criteria of Section 3(f) of [email protected]. with the floodplain management criteria Executive Order 12866 of September 30, required by 44 CFR 60.3, are the SUPPLEMENTARY INFORMATION: The 1993, Regulatory Planning and Review, minimum that are required. They Federal Emergency Management Agency 58 FR 51735. should not be construed to mean that makes the final determinations listed Executive Order 12612, Federalism. the community must change any below of the final determinations of This rule involves no policies that have existing ordinances that are more federalism implications under Executive modified base flood elevations for each stringent in their floodplain Order 12612, Federalism, dated October community listed. These modified management requirements. The 26, 1987. elevations have been published in community may at any time enact newspapers of local circulation and stricter requirements of its own, or Executive Order 12778, Civil Justice ninety (90) days have elapsed since that pursuant to policies established by other Reform. This rule meets the applicable publication. The Associate Director has Federal, State, or regional entities. standards of Section 2(b)(2) of Executive resolved any appeals resulting from this These modified elevations are used to Order 12778. notification. meet the floodplain management List of Subjects in 44 CFR Part 65 The modified base flood elevations requirements of the NFIP and are also are not listed for each community in used to calculate the appropriate flood Flood insurance, Floodplains, this notice. However, this rule includes insurance premium rates for new Reporting and recordkeeping the address of the Chief Executive buildings built after these elevations are requirements. Officer of the community where the made final, and for the contents in these Accordingly, 44 CFR Part 65 is modified base flood elevation buildings. amended to read as follows: determinations are available for The changes in base flood elevations inspection. are in accordance with 44 CFR 65.4. PART 65Ð[AMENDED] The modifications are made pursuant National Environmental Policy Act. to Section 206 of the Flood Disaster This rule is categorically excluded from 1. The authority citation for Part 65 Protection Act of 1973, 42 U.S.C. 4105, the requirements of 44 CFR Part 10, continues to read as follows: and are in accordance with the National Environmental Consideration. No Authority: 42 U.S.C. 4001 et seq.; Flood Insurance Act of 1968, 42 U.S.C. environmental impact assessment has Reorganization Plan No. 3 of 1978, 3 CFR, 4001 et seq., and with 44 CFR Part 65. been prepared. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, For rating purposes, the currently Regulatory Flexibility Act. The 3 CFR, 1979 Comp., p. 376. effective community number is shown Associate Director for Mitigation and must be used for all new policies certifies that this rule is exempt from § 65.4 [Amended] and renewals. the requirements of the Regulatory 2. The tables published under the The modified base flood elevations Flexibility Act because modified base authority of § 65.4 are amended as are the basis for the floodplain flood elevations are required by the follows:
Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification number
Colorado: El Paso City of Colorado July 22, 1999, July 29, The Honorable Mary Lou Makepeace, July 1, 1999 ...... 080060 (FEMA Docket Springs. 1999, Gazette Tele- Mayor, City of Colorado Springs, No. 7300). graph. P.O. Box 1575, Colorado Springs, Colorado 80901±1575. Idaho: Ada (FEMA Unincorporated July 21, 1999, July 28, The Honorable Vernon Bisterfeldt, Oct. 26, 1999 ...... 160001 Docket No. Areas. 1999, The Idaho States- Chairman, Ada County Board of 7300). man. Commissioners, 650 West Main Street, Boise, Idaho 83702. Idaho: Ada (FEMA City of Eagle ...... July 21, 1999, July 28, The Honorable Rick Yzaguirre, Oct. 26, 1999 ...... 16000 Docket No. 1999, Valley News. Mayor, City of Eagle, 310 East 7300). State, Eagle, Idaho 83616. Kansas: Sedgwick City of Wichita ...... July 21, 1999, July 28, The Honorable Bob Knight, Mayor, June 18, 1999 ...... 200328 (FEMA Docket 1999, Wichita Eagle. City of Witchita, City Hall, 455 No. 7300). North Main Street, First Floor, Wichita, Kansas 67202. Missiouri: Lincoln City of Troy ...... Aug. 4, 1999, Aug. 11, The Honorable Charles H. Kemper, July 9, 1999 ...... 290641 (FEMA Docket 1999, Lincoln County Mayor, City of Troy, 200 Main No. 7300). Journal. Street, Troy, Missouri 63379. Texas: Collin City of Allen ...... July 21, 1999, July 28, The Honorable Kevin Lilly, Mayor, June 21, 1999 ...... 480131 (FEMA Docket 1999, Allen American. City of Allen, One Butler Circle, No. 7300). Allen, Texas 75013. Texas: Cameron Unincorporated Aug. 6, 1999, Aug. 13, The Honorable Gilberton Hinojosa, July 2, 1999 ...... 48101 (FEMA Docket Areas. 1999, Brownsville Her- Cameron County Judge, 964 East No. 7300). ald. Harrison, Brownsville, Texas 78520.
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Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification number
Texas: Dallas City of Dallas ...... July 15, 1999, July 22, The Honorable Ron Kirk, Mayor, City June 10, 1999 ...... 480171 (FEMA Docket 1999, Dallas Morning of Dallas, City Hall, 1500 Marilla, No. 7300). News. Dallas, Texas 75201. Texas: Tarrant, City of Grand Prai- July 22, 1999, July 29, The Honorable Charles V. England, June 25, 1999 ...... 484472 Dallas and Ellis rie. 1999, Grand Prairie Mayor, City of Grand Prairie, P.O. (FEMA Docket News. Box 534045, Grand Prairie, Texas No. 7300). 75053. Texas: Dallas City of Irving ...... July 22, 1999, July 29, The Honorable Joe Putnam, Mayor, June 25, 1999 ...... 480180 (FEMA Docket 1999, Irving News. City of Irving, P.O. Box 152288, Ir- No. 7300). ving, Texas 75015±2288. Texas: Tarrant City of Keller ...... Aug. 3, 1999, Aug. 10, The Honorable Dave Phillips, Mayor, July 6, 1999 ...... 480602 (FEMA Docket 1999, Keller Citizen. City of Keller, P.O. Box 770, Keller, No. 7300). Texas 76244. Texas: Denton City of Lewisville .. Aug. 4, 1999, Aug. 11, The Honorable Bobbie J. Mitchell, July 6, 1999 ...... 480195 (FEMA Docket 1999, Lewisville News. Mayor, City of Lewisville, P.O. Box No. 7300). 299002, Lewisville, Texas 75029± 9002. Texas: Gregg and City of Longview .. July 13, 1999, July 20, The Honorable David McWhorter, Oct. 18, 1999 ...... 480264 Harrison (FEMA 1999, Longview News± Mayor, City of Longview, P.O. Box Docket No. Journal. 1952 Longview, Texas 75606±1952. 7300). Texas: Bexar City of San Anto- July 14, 1999, July 21, The Honorable Howard W. Peak, Oct. 19, 1999 ...... 480045 (FEMA Docket nio. 1999, San Antonio Ex- Mayor, City of San Antonio, P.O. No. 7300). press-News. Box 839966, San Antonio, Texas 78283±3966. Texas: Guadalupe City of Schertz ..... July 15, 1999, July 22, The Honorable Hal Baldwin, Mayor, June 8, 1999 ...... 480269 (FEMA Docket 1999, The Herald. City of Schertz, P.O. Drawer I, No. 7300). Schertz, Texas 78154.
(Catalog of Federal Domestic Assistance No. community. The respective addresses and must be used for all new policies 83.100, ‘‘Flood Insurance.’’) are listed in the following table. and renewals. Dated: November 30, 1999. FOR FURTHER INFORMATION CONTACT: The modified base flood elevations Michael J. Armstrong, Matthew B. Miller, P.E., Chief, Hazards are the basis for the floodplain Associate Director for Mitigation. Study Branch, Mitigation Directorate, management measures that the [FR Doc. 99–32355 Filed 12–13–99; 8:45 am] Federal Emergency Management community is required to either adopt BILLING CODE 6718±04±P Agency, 500 C Street SW., Washington, or to show evidence of being already in DC 20472, (202) 646–3461, or (email) effect in order to qualify or to remain [email protected]. qualified for participation in the FEDERAL EMERGENCY National Flood Insurance Program. MANAGEMENT AGENCY SUPPLEMENTARY INFORMATION: The These modified elevations, together Federal Emergency Management Agency with the floodplain management criteria 44 CFR Part 65 makes the final determinations listed required by 44 CFR 60.3, are the below of modified base flood elevations minimum that are required. They Changes in Flood Elevation for each community listed. These should not be construed to mean that Determinations modified elevations have been the community must change any published in newspapers of local existing ordinances that are more AGENCY: Federal Emergency circulation and ninety (90) days have Management Agency, FEMA. stringent in their floodplain elapsed since that publication. The management requirements. The ACTION: Final rule. Associate Director has resolved any community may at any time enact appeals resulting from this notification. stricter requirements of its own, or SUMMARY: Modified base (1% annual The modified base flood elevations pursuant to policies established by other chance) flood elevations are finalized are not listed for each community in Federal, state or regional entities. for the communities listed below. These this notice. However, this rule includes These modified elevations are used to modified elevations will be used to the address of the Chief Executive meet the floodplain management calculate flood insurance premium rates Officer of the community where the requirements of the NFIP and are also for new buildings and their contents. modified base flood elevation used to calculate the appropriate flood EFFECTIVE DATES: The effective dates for determinations are available for insurance premium rates for new these modified base flood elevations are inspection. buildings built after these elevations are indicated on the following table and The modifications are made pursuant made final, and for the contents in these revise the Flood Insurance Rate Map(s) to section 206 of the Flood Disaster buildings. (FIRMs) in effect for each listed Protection Act of 1973, 42 U.S.C. 4105, The changes in base flood elevations community prior to this date. and are in accordance with the National are in accordance with 44 CFR 65.4. ADDRESSES: The modified base flood Flood Insurance Act of 1968, 42 U.S.C. National Environmental Policy Act. elevations for each community are 4001 et seq., and with 44 CFR part 65. This rule is categorically excluded from available for inspection at the office of For rating purposes, the currently the requirements of 44 CFR Part 10, the Chief Executive Officer of each effective community number is shown Environmental Consideration. No
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.032 pfrm03 PsN: 14DER1 69650 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations environmental impact assessment has Executive Order 12866 of September 30, Accordingly, 44 CFR part 65 is been prepared. 1993, Regulatory Planning and Review, amended to read as follows: Regulatory Flexibility Act. The 58 FR 51735. Associate Director, Mitigation Executive Order 12612, Federalism. PART 65Ð[AMENDED] Directorate, certifies that this rule is This rule involves no policies that have exempt from the requirements of the federalism implications under Executive 1. The authority citation for part 65 Regulatory Flexibility Act because Order 12612, Federalism, dated October continues to read as follows: modified base flood elevations are 26, 1987. Authority: 42 U.S.C. 4001 et seq.; required by the Flood Disaster Executive Order 12778, Civil Justice Reorganization Plan No. 3 of 1978, 3 CFR, Protection Act of 1973, 42 U.S.C. 4105, Reform. This rule meets the applicable 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, and are required to maintain community standards of section 2(b)(2) of Executive 3 CFR, 1979 Comp., p. 376. eligibility in the National Flood Order 12778. Insurance Program. No regulatory § 65.4 [Amended] flexibility analysis has been prepared. List of Subjects in 44 CFR Part 65 Regulatory Classification. This final Flood insurance, Floodplains, 2. The tables published under the rule is not a significant regulatory action Reporting and recordkeeping authority of § 65.4 are amended as under the criteria of section 3(f) of requirements. follows:
Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date Community was published modification number
Georgia: Cobb City of Marietta ..... Dec. 11, 1998, Dec. 18, The Honorable Ansley Meaders, Mar. 18, 1999 ...... 130226 F (FEMA Docket 1998, Marietta Daily Mayor of the City of Marietta, P.O. No. 7277). Journal. Box 609, Marietta, Georgia 30061. Georgia: Rich- Unincorporated Feb. 10, 1999. Feb. 17, The Honorable Bob Young, Mayor of May 18, 1999 ...... 130158 mond (FEMA Areas. 1999, The Augusta Richmond County, City-County Mu- Docket No. Chronicle. nicipal Building, 530 Greene Street, 7285). Room 806, Augusta, Georgia 30911. Illinois: DuPage Village of Dec. 11, 1998, Dec. 18, Mr. John C. Gels, Bensenville Village Mar. 18, 1999 ...... 170200 C (FEMA Docket Bensenville. 1998, Bensenville Press. President, Village Hall, 700 West Ir- No. 7277). ving Park Road, Bensenville, Illinois 60106. Illinois: DuPage Unincorporated Feb. 16, 1999, Feb. 23, Mr. Robert Schillerstrom, Chairman of May 24, 1999 ...... 170197 D (FEMA Docket Areas. 1999, Daily Herald. the DuPage County Board, DuPage No. 7285). Center, 421 North County Farm Road, Wheaton, Illinois 60187. Illinois: Kane Unincorporated Dec. 10, 1998, Dec. 17, Mr. Michael W. McCoy, Chairman of Mar. 17, 1999 ...... 170896 D (FEMA Docket Areas. 1998, The Courier- the Kane County, Board of Com- No. 7293). News. missioners, 719 South Batavia Ave- nue, Geneva, Illinois 60134. Illinois: Lake Unincorporated May 13, 1999, May 20, Mr. Jim LaBelle, Chairman of the Aug. 18, 1999 ...... 170357 F (FEMA Docket Areas. 1999, The News Sun. Lake County Board, 18 North No. 7293). County Street, 10th Floor, Wau- kegan, Illinois 60085. Illinois: McHenry Village of Cary ..... Feb. 26, 1999, Mar. 5, The Honorable Donald Huffer, Mayor June 3, 1999 ...... 170475 (FEMA Docket 1999, The Northwest of the Village of Cary, 255 No. 7293). Herald. Stonegate Road, Cary, Illinois 60013.
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Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date Community was published modification number
Illinois: McHenry Unincorporated Feb. 26, 1999, Mar. 5, Mr. Michael Tryon, McHenry County June 3, 1999 ...... 170732 (FEMA Docket Areas. 1999, The Northwest Board Chairperson, McHenry No. 7293). Herald. County Government Center, 220 North Seminary Avenue, Wood- stock, Illinois 60098. Illinois: Cook Village of South May 11, 1999, May 18, The Honorable Patricia Graft, Mayor Aug. 16, 1999 ...... 170161 C (FEMA Docket Barrington. 1999, Daily Herald. of the Village of South Barrington, No. 7293). 30 South Barrington Road, South Barrington, Illinois 60010. Illinois: Lake City of Waukegan May 14, 1999, May 21, The Honorable Bill Durkin, Mayor of May 7, 1999 ...... 170397 F (FEMA Docket 1999, The News-Sun. the City of Waukegan, 106 North No. 7293). Utica, Waukegan, Illinois 60085. Maryland: Allegany Unincorporated Dec. 16, 1998, Dec. 23, Mr. Bernard L. Loar, President, Alle- Mar. 23, 1999 ...... 240001 A (FEMA Docket Areas. 1998, The Cumberland gany County Board of Commis- No. 7277). Times-News. sioners, 701 Kelly Road, Suite 405, Cumberland, Maryland 21502±3401. Massachusetts: Town of Billerica .. May 10, 1999, May 17, Mr. Richard A. Montuori, Billerica Aug. 15, 1999 ...... 250183 C Middlesex 1999, Lowell Sun. Town Manager, Billerica Town Hall, (FEMA Docket 365 Boston Road, Billerica, Massa- No. 7293). chusetts 01821. Minnesota: Anoka City of Blaine ...... Jan. 8, 1999, Jan. 15, The Honorable Thomas Ryan, Mayor April 15, 1999 ...... 270007 (FEMA Docket 1999, Blaine-Spring of the City of Blaine, 9150 Central No. 7293). Park Life. Avenue Northeast, Blaine, Min- nesota 55434±3499. Ohio: Fairfield and City of Columbus Nov. 27, 1998, Dec. 4, The Honorable Gregory S. Lashutka, Mar. 4, 1999 ...... 390170 G Franklin (FEMA 1998, The Columbus Mayor of the City of Columbus, City Docket No. Dispatch. Hall, 90 West Broad Street, Colum- 7277). bus, Ohio 43215. Ohio: Franklin Unincorporated Nov. 27, 1998, Dec. 4, Ms. Arlene Shoemaker, President of Mar. 4, 1999 ...... 390167 G (FEMA Docket Areas. 1998, The Columbus the Franklin County, Board of Com- No. 7277). Dispatch. missioners, 373 South High Street, Columbus, Ohio 43215. Tennessee: Sul- City of Bristol ...... May 21, 1998, May 28, The Honorable Elmer Doak, Mayor of May 14, 1999 ...... 470182 B livan (FEMA 1998, Bristol Herald- the City of Bristol, P.O. Box 1189, Docket No. Center. Bristol, Tennessee 37621. 7293). Virginia: Arlington Unincorporated Jan. 21, 1999, Jan. 28, Mr. William T. Donahue, County Man- April 28, 1999 ...... 515520 (FEMA Docket Areas. 1999, The Arlington ager, 2100 Clarendon Boulevard, No. 7293). Journal. Suite 813, Arlington, Virginia 22201. Wisconsin: Oconto City of Oconto ...... April 28, 1999, May 5, The Honorable Joseph Bralick, Mayor Aug. 3, 1999 ...... 550297 B (FEMA Docket 1999, Oconto County of the City of Oconto, 1210 Main No. 7293). Review. Street, Oconto, Wisconsin 54153. Wisconsin: Oconto Unincorporated April 28, 1999, May 5, Mr. Kevin Hamann, Oconto County Aug. 3, 1999 ...... 550294 A (FEMA Docket Areas. 1999, Oconto County Administrative Coordinator, 301 No. 7293). Review. Washington Street, Oconto, Wis- consin 54153.
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(Catalog of Federal Domestic Assistance No. Study Branch, Mitigation Directorate, Directorate, certifies that this rule is 83.100, ‘‘Flood Insurance.’’) 500 C Street SW., Washington, DC exempt from the requirements of the Dated: November 30, 1999. 20472, (202) 646–3461. Regulatory Flexibility Act because final Michael J. Armstrong, SUPPLEMENTARY INFORMATION: The or modified base flood elevations are Associate Director for Mitigation. Federal Emergency Management Agency required by the Flood Disaster [FR Doc. 99–32354 Filed 12–13–99; 8:45 am] (FEMA or Agency) makes final Protection Act of 1973, 42 U.S.C. 4104, BILLING CODE 6718±04±P determinations listed below of base and are required to establish and flood elevations and modified base maintain community eligibility in the flood elevations for each community National Flood Insurance Program. No FEDERAL EMERGENCY listed. The proposed base flood regulatory flexibility analysis has been MANAGEMENT AGENCY elevations and proposed modified base prepared. flood elevations were published in Regulatory Classification. This final 44 CFR Part 67 newspapers of local circulation and an rule is not a significant regulatory action Final Flood Elevation Determinations opportunity for the community or under the criteria of section 3(f) of individuals to appeal the proposed Executive Order 12866 of September 30, AGENCY: Federal Emergency determinations to or through the 1993, Regulatory Planning and Review, Management Agency (FEMA). community was provided for a period of 58 FR 51735. ACTION: Final rule. ninety (90) days. The proposed base Executive Order 12612, Federalism. flood elevations and proposed modified This rule involves no policies that have SUMMARY: Base (1% annual chance) base flood elevations were also federalism implications under Executive flood elevations and modified base published in the Federal Register. Order 12612, Federalism, dated October flood elevations are made final for the This final rule is issued in accordance 26, 1987. communities listed below. The base with section 110 of the Flood Disaster flood elevations and modified base Protection Act of 1973, 42 U.S.C. 4104, Executive Order 12778, Civil Justice flood elevations are the basis for the and 44 CFR part 67. Reform. This rule meets the applicable floodplain management measures that The Agency has developed criteria for standards of section 2(b)(2) of Executive each community is required either to floodplain management in floodprone Order 12778. adopt or to show evidence of being areas in accordance with 44 CFR part List of Subjects in 44 CFR Part 67 already in effect in order to qualify or 60. remain qualified for participation in the Interested lessees and owners of real Administrative practice and National Flood Insurance Program property are encouraged to review the procedure, Flood insurance, Reporting (NFIP). proof Flood Insurance Study and Flood and recordkeeping requirements. EFFECTIVE DATES: The date of issuance of Insurance Rate Map available at the Accordingly, 44 CFR part 67 is the Flood Insurance Rate Map (FIRM) address cited below for each amended as follows: showing base flood elevations and community. modified base flood elevations for each The base flood elevations and PART 67Ð[AMENDED] community. This date may be obtained modified base flood elevations are made by contacting the office where the maps final in the communities listed below. 1. The authority citation for part 67 are available for inspection as indicated Elevations at selected locations in each continues to read as follows: on the table below. community are shown. Authority: 42 U.S.C. 4001 et seq.; ADDRESSES: The final base flood National Environmental Policy Act. Reorganization Plan No. 3 of 1978, 3 CFR, elevations for each community are This rule is categorically excluded from 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, available for inspection at the office of the requirements of 44 CFR Part 10, 3 CFR, 1979 Comp., p. 376. the Chief Executive Officer of each Environmental Consideration. No § 67.11 [Amended] community. The respective addresses environmental impact assessment has are listed in the table below. been prepared. 2. The tables published under the FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act. The authority of § 67.11 are amended as Matthew B. Miller, P.E., Chief, Hazards Associate Director, Mitigation follows:
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#Depth in feet #Depth in feet #Depth in feet above above above Source of Flooding and Location ground. Source of Flooding and Location ground. Source of Flooding and Location ground. *Elevation in *Elevation in *Elevation in feet (NGVD) feet (NGVD) feet (NGVD) FLORIDA Just downstream of Edes Brook: Swansey Road ...... *1,001 At confluence with Temple Green Cove Springs Mulberry Creek: Stream ...... *592 (City), Clay County Approximately 1.13 miles Approximately 2,350 feet (FEMA Docket No. 7287) downstream of State upstream of Intervale Route 211 ...... *800 Road ...... *683 Governors Creek: Just downstream of Martin Drury Pond Outlet: At confluence with St. Road ...... *981 At confluence with Temple Johns River ...... *5 Mulberry Creek Tributary: Stream ...... *556 Immediately downstream At confluence with Mul- Approximately 700 feet up- of Idlewild Avenue ...... *8 berry Creek ...... *885 stream of Waltonen Buckeys Creek: Approximately 0.7 mile up- Road ...... *556 Approximately 1,200 feet stream of Elizabeth Mud Pond Outlet: upstream of confluence Lane ...... *974 At confluence with Drury with Governors Creek ... *5 Sherwood Creek: Pond ...... *556 Approximately 1.2 miles At confluence with Mul- At Mud Pond Dam ...... *604 upstream of confluence berry Creek ...... *838 Unnamed Brook: with Governors Creek ... *19 At county boundary ...... *920 At confluence with Drury St. Johns River: Walnut Creek: Pond ...... *556 For its entire reach within At county boundary ...... *829 Approximately 100 feet up- the community ...... *5 Approximately 1.2 miles stream of Staples Pond Maps available for inspec- upstream of Lee Land Road ...... *647 tion at the Planning and Road ...... *963 Staples Pond Outlet: Zoning Office, 229 Walnut East Fork Little River: At confluence with Mud Street, City Hall, Green Approximately 0.66 mile Pond ...... *604 Cove Springs, Florida. downstream of Brookton At Staples Pond Dam ...... *705 Lula Road and approxi- Drury Pond: GEORGIA mately 0.28 mile east of Entire shoreline within the intersection of community ...... *556 Cleveland Highway and Mud Pond: Gainesville (City), Hall Wild Smith Road ...... *1,241 Entire shoreline within County (FEMA Docket Maps available for inspec- community ...... *604 No. 7283) tion at the Hall County Staples Pond: Walnut Creek: Joint Administration Build- Entire shoreline within Approximately 1,785 feet ing, Engineering Office, community ...... *705 upstream of private drive *950 300 Green Street, Room Varnum Pond: Approximately 0.72 mile 309, Gainesville, Georgia. Entire shoreline within upstream of private drive *963 --- community ...... *758 Maps available for inspec- Oakwood (City), Hall Maps available for inspec- tion at the Hall County County (FEMA Docket tion at the Temple Town Joint Administration Build- No. 7283) Hall, 258 Temple Road, ing, Engineering Office, Balus Creek: Temple, Maine. 300 Green Street, Room Approximately 150 feet 309, Gainesville, Georgia. downstream of McEver MICHIGAN ÐÐÐ Road ...... *1,087 Hall County (Unincor- Approximately 1,425 feet Ash (Township), Monroe porated Areas) (FEMA upstream of Landrum County (FEMA Docket Docket No. 7283) Education Drive ...... *1,176 No. 7259) Balus Creek Tributary No. 1: Balus Creek: Stony Creek: At confluence with Balus At corporate limits with Approximately 2,000 feet Creek ...... *1,100 downstream of McEver Approximately 75 feet up- Township of Frenchtown *608 Road ...... *1,082 stream of Old Oakwood Approximately 200 feet up- Approximately 875 feet up- Road ...... *1,130 stream of corporate lim- stream of Landrum Edu- Maps available for inspec- its with Township of cation Drive ...... *1,174 tion at the Oakwood City Frenchtown ...... *608 Balus Creek Tributary 1: Maps available for inspec- Approximately 50 feet up- Hall, 4009 Railroad, Oak- wood, Georgia. tion at the Ash Township stream of confluence Hall, 1677 Ready Road, with Balus Creek ...... *1,100 Carleton, Michigan. Approximately 575 feet up- MAINE stream of Old Oakwood ÐÐÐ Road ...... *1,132 Temple (Town), Franklin Berlin (Charter Township), Caney Fork Creek: County (FEMA Docket Monroe County (FEMA At confluence with Walnut No. 7267) Docket No. 7259) Creek ...... *847 Temple Stream: Huron River: Approximately 1,650 feet At downstream Farm- At confluence with Lake upstream of Sloan Mill ington/Temple corporate Erie ...... *579 Road ...... *1,062 limit ...... *457 Approximately 0.9 mile up- Deaton Creek: At upstream Avon/Temple stream of U.S. Turnpike *579 At confluence with Mul- corporate limit ...... *957 Mouillee Creek: berry Creek ...... *823 Henry Mitchell Brook: At confluence with Lake Approximately 2.0 miles At confluence with Temple Erie ...... *579 upstream of Oliver Road *921 Stream ...... *550 Approximately 40 feet Lollis Creek: Approximately 0.6 mile up- downstream of At confluence with Sher- stream of Mitchell Brook Hagerman Road ...... *579 wood Creek ...... *853 Road ...... *848 Swan Creek: Approximately 175 feet up- Gus Mitchell Brook: At confluence with Lake stream of Upper Looper At confluence with Temple Erie ...... *579 Lake Dam ...... *929 Stream ...... *553 Approximately 3.29 miles Mitchell Creek: Approximately 1,500 feet upstream of confluence At confluence with Lollis upstream of Intervale with Lake Erie ...... *579 Creek ...... *874 Road ...... *592 At Labo Road ...... *590
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#Depth in feet #Depth in feet #Depth in feet above above above Source of Flooding and Location ground. Source of Flooding and Location ground. Source of Flooding and Location ground. *Elevation in *Elevation in *Elevation in feet (NGVD) feet (NGVD) feet (NGVD) Approximately 400 feet up- Lake Erie: ÐÐÐ stream of Labo Road .... *590 Along entire shoreline Monroe (City), Monroe Lake Erie: within community ...... *579 County (FEMA Docket Along entire shoreline No. 7259) within community ...... *579 Maps available for inspec- Laudenschlager Drain: tion at the Charter Town- River Raisin: At confluence with Lake ship of Frenchtown Build- At confluence with Lake Erie ...... *579 ing Department, 2744 Viv- Erie ...... *579 Approximately 0.5 mile ian Road, Monroe, Michi- Lake Erie: downstream of gan. Approximately 0.2 mile up- Hagerman Road ...... *579 LaSalle (Township), Mon- stream of Interstate 75 .. *579 roe County (FEMA Along entire shoreline Maps available for inspec- Docket No. 7259) within community ...... *579 tion at the Berlin Charter Plum Creek: Township Hall, 8000 Swan Otter Creek: At confluence with Lake View Road, Newport, At confluence with Lake Erie ...... *579 Michigan. Erie ...... *579 Approximately 300 feet ÐÐÐ At downstream side of downstream of Detroit Dundee (Township), Mon- CONRAIL ...... *579 and Toledo Shoreline roe County (FEMA Lake Erie: Railroad ...... *579 Docket No. 7259) Along entire shoreline Maps available for inspec- River Raisin: within community ...... *579 tion at the City of Monroe Approximately 835 feet Maps available for inspec- Engineering Department, downstream of Ann tion at the LaSalle Town- 120 East First Street, Mon- Arbor Railroad ...... *648 ship Hall, LaPlaisance roe, Michigan. Approximately 100 feet Road and South Dixie downstream of Ann Highway, LaSalle, Michi- MINNESOTA Arbor Railroad ...... *649 gan. Maps available for inspec- ÐÐÐ Minneota (City), Lyon tion at the Dundee Town- County (FEMA Docket London (Township), Mon- No. 7291) ship Hall, 179 Main Street, roe County (FEMA Dundee, Michigan. Docket No. 7259) South Branch Yellow Medi- ÐÐÐ cine River: Saline River: Erie (Township), Monroe At downstream corporate Approximately 1.37 miles limits ...... *1,146 County (FEMA Docket downstream of U.S. No. 7259) Approximately 0.93 mile Route 23 ...... *678 upstream of 1st Street ... *1,170 Bay Creek: Approximately 1.08 miles At the confluence with Maps available for inspec- downstream of U.S. tion at the Minneota City Lake Erie ...... *579 Route 23 ...... *679 Approximately 50 feet Hall, 129 East 1st Street, downstream of CON- Maps available for inspec- Minneota, Minnesota. RAIL ...... *579 tion at the London Town- Lake Erie: ship Hall, 13613 Tuttle Hill MISSISSIPPI Along entire shoreline Road, Milan, Michigan. within community ...... *579 ÐÐÐ Lauderdale County (Unin- Maps available for inspec- Luna Pier (City), Monroe corporated Areas) tion at the Erie Township County (FEMA Docket (FEMA Docket No. 7283) Hall, 2065 Erie Street, No. 7259) Newell Branch: Approximately 150 feet Erie, Michigan. Lake Erie: ÐÐÐ downstream of U.S. Entire shoreline affecting Route 45 ...... *344 Estral Beach (Village), community ...... *579 At downstream side of Monroe County (FEMA Maps available for inspec- U.S. Route 45 ...... *344 Docket No. 7259) tion at the Luna Pier City Harbour Creek: Lake Erie: Hall, 4357 Buckeye Street, Approximately 350 feet Entire shoreline affecting Luna Pier, Michigan. downstream of U.S. community ...... *579 ÐÐÐ Route 45 ...... *342 Maps available for inspec- At U.S. Route 45 ...... *346 tion at the Estral Beach Monroe (Charter Town- Maps available for inspec- Village Hall, 7194 ship), Monroe County tion at the Lauderdale Lakeview, Newport, Michi- (FEMA Docket No. 7259) County Tax Assessor's Of- gan. Plum Creek: fice, 500 Constitution Ave- ÐÐÐ At the confluence with nue, Meridian, Mississippi. Frenchtown (Charter Lake Erie ...... *579 ÐÐÐ Township), Monroe Approximately 180 feet Meridian (City), Lauder- County (FEMA Docket downstream of Detroit dale County (FEMA No. 7259) and Toledo Shoreline Docket No. 7283) Sandy Creek: Railroad ...... *579 Gallagher Creek: At confluence with Lake Lake Erie: At Norfolk Southern Rail- Erie ...... *579 Along entire shoreline way ...... *308 Approximately 300 feet within community ...... *579 Approximately 50 feet up- downstream of North Maps available for inspec- stream of State Route Dixie Highway ...... *579 tion at the Monroe Charter 493 ...... *425 Stony Creek: Township Hall, Zoning De- Harbour Creek: At confluence with Lake partment, 4925 West Dun- At U.S. Route 45 ...... *446 Erie ...... *579 bar Road, Monroe, Michi- Approximately 1,025 feet Approximately 450 feet up- gan. upstream of Windover stream of North Dixie Circle ...... *412 Highway ...... *579
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#Depth in feet #Depth in feet #Depth in feet above above above Source of Flooding and Location ground. Source of Flooding and Location ground. Source of Flooding and Location ground. *Elevation in *Elevation in *Elevation in feet (NGVD) feet (NGVD) feet (NGVD) Magnolia Creek: Approximately 780 feet up- Approximately 3,200 feet Approximately 50 feet stream of Rollingwood upstream of U.S. Route downstream of C Street *321 Drive ...... *285 11 ...... *926 Approximately 100 feet up- Third Fork Creek Tributary Woods Creek: stream of 36th Street .... *380 C: Confluence with Maury Newell Branch: Approximately 800 feet River ...... *920 At upstream side of U.S. downstream of South Approximately 1,150 feet Route 45 ...... *345 Roxboro Road ...... *251 upstream from Stone Approximately 1,150 feet Approximately 30 feet up- Lane ...... *920 upstream of 61st Street *412 stream of Princeton Ave- Maps available for inspec- Robbins Branch: nue ...... *316 tion at the Lexington Approximately 150 feet Third Fork Creek Tributary City Hall, 300 East Wash- downstream of U.S. D: ington Street, Lexington, Route 45 ...... *330 At confluence with Third Virginia. Approximately 2,800 feet Fork Creek ...... *252 ÐÐÐ upstream of 52nd Court *428 Approximately 60 feet up- Rockbridge County (Unin- Maps available for inspec- stream of Morningside Drive ...... *286 corporated Areas) tion at the Meridian City (FEMA Docket No. 7291) Hall, 601 24th Avenue, Third Fork Creek Tributary E: At confluence with Third Irish Creek: Meridian, Mississippi. Fork Creek ...... *289 At confluence with South Approximately 420 feet River ...... *1,024 NEW HAMPSHIRE downstream of Ward Approximately 450 feet up- Street ...... *323 stream from State Route Lincoln (Town), Grafton Third Fork Creek Tributary: 608 ...... *1,024 County (FEMA Docket At confluence with Third Maury River: No. 7283) Fork Creek Tributary C *275 Just upstream of CSX East Branch Pemigewasset Approximately 125 feet Railway ...... *724 River: downstream of Archdale Approximately 0.6 mile up- Approximately 0.66 mile Road ...... *306 stream of U.S. Route 11 *926 downstream of Richard Maps available for inspec- South River: Cooper Memorial Bridge *758 tion at the Durham City Approximately 1,250 feet Approximately 1.4 miles Hall, Public Works Depart- downstream from CSX upstream of Loon Moun- ment, 101 City Hall Plaza, Transportation ...... *880 tain Bridge ...... *1,067 Durham, North Carolina. Approximately 1,750 feet Maps available for inspec- upstream of State Route tion at the Lincoln Town VIRGINIA 56 ...... *1,468 Hall, Main Street, Lincoln, Maps available for inspec- New Hampshire. Buena Vista (City), tion at the Rockbridge ÐÐÐ Rockbridge County Zoning Office, 150 South (FEMA Docket No. 7291) Main Street, Lexington, Woodstock (Town), Graf- Virginia. ton County (FEMA Maury River: Docket No. 7275) Approximately 100 feet up- (Catalog of Federal Domestic Assistance No. East Branch Pemigewasset stream from Columbia River: Mills Dam ...... *850 83.100, ‘‘Flood Insurance.’’) Approximately 200 feet up- Approximately 2 miles Dated: November 30, 1999. downstream of 10th stream of confluence Michael J. Armstrong, with Pemigewasset Street ...... *806 River ...... *720 Just downstream of West Associate Director for Mitigation. At upstream corporate lim- 29th Street ...... *851 [FR Doc. 99–32357 Filed 12–13–99; 8:45 am] its ...... *758 Maps available for inspec- BILLING CODE 6718±04±P Maps available for inspec- tion at the Buena Vista tion at the Woodstock Municipal Building, 2039 Town Office, 165 Lost Sycamore Avenue, Buena River Road, North Wood- Vista, Virginia. FEDERAL EMERGENCY stock, New Hampshire. ÐÐÐ MANAGEMENT AGENCY Glasgow (Town), Rock- NORTH CAROLINA bridge County (FEMA 44 CFR Part 67 Docket No. 7291) Durham (City), Durham Maury River: Final Flood Elevation Determinations County (FEMA Docket Just upstream of CSX No. 7295) Transportation ...... *724 AGENCY: Federal Emergency Rocky Creek: Approximately 1.75 miles Management Agency (FEMA). At confluence with Third upstream from State Fork Creek ...... *283 Route 130 ...... *737 ACTION: Final rule. Approximately 150 feet up- Maps available for inspec- stream of Briggs Avenue *330 tion at the Glasgow Town SUMMARY: Base (1% annual chance) Third Fork Creek: Hall, 1100 Blue Ridge flood elevations and modified base Approximately 0.83 mile Road, Glasgow, Virginia. flood elevations are made final for the downstream of South Roxboro Road ...... *251 ÐÐÐ communities listed below. The base Approximately 30 feet up- Lexington (City), flood elevations and modified base stream of East Forest Rockbridge County flood elevations are the basis for the Hills Boulevard ...... *309 (FEMA Docket No. 7291) floodplain management measures that Third Fork Creek Tributary A: Maury River: Approximately 900 feet up- Approximately 2,600 feet each community is required either to stream of Abandoned downstream of U.S. adopt or to show evidence of being Road ...... *251 Route 11 ...... *916 already in effect in order to qualify or
VerDate 29-OCT-99 16:49 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.XXX pfrm08 PsN: 14DER1 69656 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations remain qualified for participation in the Flexibility Act because final or modified #Depth in National Flood Insurance Program base flood elevations are required by the feet above ground. (NFIP). Flood Disaster Protection Act of 1973, Source of flooding and location *Elevation EFFECTIVE DATE: 42 U.S.C. 4104, and are required to in feet The date of issuance of (NGVD). the Flood Insurance Rate Map (FIRM) establish and maintain community showing base flood elevations and eligibility in the NFIP. No regulatory Choctaw Bayou: modified base flood elevations for each flexibility analysis has been prepared. Approximately 7,800 feet community. This date may be obtained Regulatory Classification. This final downstream of Blanchard rule is not a significant regulatory action Furr Road (tributary back- by contacting the office where the FIRM water area near Kansas is available for inspection as indicated under the criteria of Section 3(f) of City Southern Railroad) ..... *193 in the table below. Executive Order 12866 of September 30, Approximately 100 feet 1993, Regulatory Planning and Review, downstream of Blanchard ADDRESSES: The final base flood Furr Road ...... *208 elevations for each community are 58 FR 51735. Executive Order 12612, Federalism. Caddo Lake: available for inspection at the office of Along shoreline of Caddo the Chief Executive Officer of each This rule involves no policies that have Lake, including tributary community. The respective addresses federalism implications under Executive backwater ...... *184 are listed in the table below. Order 12612, Federalism, dated October Maps are available for in- 26, 1987. spection at the Caddo Par- FOR FURTHER INFORMATION CONTACT: Executive Order 12778, Civil Justice ish Courthouse, 525 Marshall Matthew B. Miller, P.E., Chief, Hazards Reform. This rule meets the applicable Street, Suite 200, Shreve- port, Louisiana. Study Branch, Mitigation Directorate, standards of Section 2(b)(2) of Executive 500 C Street SW., Washington, DC Order 12778. Maps are available for in- 20472, (202) 646–3461, or (e-mail) spection at the Town of List of Subjects in 44 CFR Part 67 Blanchard Town Hall, 110 [email protected]. Main Street, Blanchard, Lou- SUPPLEMENTARY INFORMATION: The Administrative practice and isiana. Federal Emergency Management Agency procedure, Flood insurance, Reporting Maps are available for in- makes final determinations listed below and recordkeeping requirements. spection at the Town of of base flood elevations and modified Mooringsport Town Hall, 122 Accordingly, 44 CFR Part 67 is West Croom Street, base flood elevations for each amended to read as follows: Mooringsport, Louisiana. community listed. The proposed base Maps are available for in- flood elevations and proposed modified PART 67Ð[AMENDED] spection at the City of base flood elevations were published in Shreveport City Hall, 1234 1. The authority citation for Part 67 newspapers of local circulation and an Texas Avenue, Shreveport, continues to read as follows: opportunity for the community or Louisiana. Authority: 42 U.S.C. 4001 et seq.; individuals to appeal the proposed MISSOURI determinations to or through the Reorganization Plan No. 3 of 1978, 3 CFR, community was provided for a period of 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Independence (City) Jack- ninety (90) days. The proposed base son County (FEMA Docket flood elevations and proposed modified § 67.11 [Amended] No. 7294) base flood elevations were also 2. The tables published under the Sugar Creek: published in the Federal Register. At Independence Avenue ..... *816 authority of § 67.11 are amended as At Park Avenue ...... *914 This final rule is issued in accordance follows: with Section 110 of the Flood Disaster Mill Creek: Approximately 250 feet Protection Act of 1973, 42 U.S.C. 4104, #Depth in downstream from Kentucky and 44 CFR Part 67. feet above ground. Road ...... *810 FEMA has developed criteria for Source of flooding and location *Elevation Approximately 950 feet up- floodplain management in floodprone in feet stream of South Park Road *960 areas in accordance with 44 CFR Part (NGVD). Spring Branch: Approximately 7,500 feet 60. LOUISIANA downstream of Missouri Interested lessees and owners of real State Highway 78 ...... *750 property are encouraged to review the Caddo Parish (and Incor- At Kiger Road ...... *886 proof Flood Insurance Study and FIRM porated Areas) (FEMA South Fork Spring Branch: available at the address cited below for Docket No. 7294) At confluence with Spring each community. Logan Bayou: Branch ...... *823 Approximately 500 feet Approximately 80 feet up- The base flood elevations and downstream of Kansas stream of Lee's Summit modified base flood elevations are made City Southern Railroad ...... *180 Road ...... *864 final in the communities listed below. Approximately 800 feet up- Bundschu Creek: Elevations at selected locations in each stream of Kansas City At confluence with Little Blue Southern Railroad ...... *188 River ...... *739 community are shown. At Roy Road ...... *193 National Environmental Policy Act. Approximately 3,000 feet up- Approximately 450 feet stream of Shreveport Blan- downstream from the This rule is categorically excluded from Union Pacific Railroad ...... *748 the requirements of 44 CFR Part 10, chard Highway (State Route 173) ...... *200 At Powell Road ...... *777 Environmental Consideration. No Red River: Crackerneck Creek: environmental impact assessment has Approximately 5.3 miles At confluence with the Little been prepared. downstream of 70th Street Blue River ...... *754 Regulatory Flexibility Act. The (just east of the intersec- Approximately 3,750 feet up- tion of Flourney Lucas stream from confluence Associate Director for Mitigation Road and Youree Drive) ... *160 with the Little Blue River ... *754 certifies that this rule is exempt from Approximately 8,300 feet up- Just upstream of Partridge the requirements of the Regulatory stream of Interstate 220 .... *174 Drive ...... *958
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#Depth in #Depth in remain qualified for participation in the feet above feet above National Flood Insurance Program ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation (NFIP). in feet in feet (NGVD). (NGVD). DATES: The comment period is ninety (90) days following the second North Fork Crackerneck Creek: Approximately 2,000 feet up- publication of this proposed rule in a At confluence with stream of State Route 49 .. +4,853 newspaper of local circulation in each Crackerneck Creek ...... *754 Maps are available for in- Approximately 2,500 feet up- spection at the Village of community. stream of Viking Road ...... *859 Los Lunas, City Hall, 660 ADDRESSES: The proposed base flood Adair Creek: Main Street, Los Lunas, New elevations for each community are At confluence with the Little Mexico. Blue River ...... *763 available for inspection at the office of At Noland Road ...... *911 NORTH DAKOTA the Chief Executive Officer of each Adair Creek Tributary No. 1: community. The respective addresses At confluence with Adair Jamestown (City) Stutsman are listed in the following table. Creek ...... *813 County (FEMA Docket No. Approximately 40 feet down- 7294) FOR FURTHER INFORMATION CONTACT: stream of Interstate 70 ...... *844 Matthew B. Miller, P.E., Chief, Hazards Adair Creek Tributary No. 2: James River: At confluence with Adair Approximately 1.87 miles Study Branch, Mitigation Directorate, Creek ...... *857 (9,875 feet) downstream of Federal Emergency Management Midland Continental Rail- Agency, 500 C Street SW., Washington, Approximately 190 feet road ...... *1,379 downstream from Interstate Approximately 1.64 miles DC 20472, (202) 646–3461, or (email) 70 ...... *895 (8,675 feet) upstream of [email protected]. Rock Creek: 4th Avenue Northwest ...... *1,398 Approximately 140 feet Pipestem Creek: SUPPLEMENTARY INFORMATION: The downstream from Kentucky At confluence with James Federal Emergency Management Agency Road ...... *746 River ...... *1,392 At 32nd Street ...... *902 (FEMA or Agency) proposes to make Approximately 0.21 mile determi-nations of base flood elevations Maps are available for in- (1,100 feet) above con- spection at the City of Inde- fluence with James River .. *1,393 and modified base flood elevations for pendence, Department of Approximately 1.04 miles each community listed below, in Public Works (Engineering), (5,475 feet) upstream of accordance with section 110 of the 111 East Maple, Independ- Burlington Northern Rail- Flood Disaster Protection Act of 1973, ence, Missouri. road ...... *1,407 42 U.S.C. 4104, and 44 CFR 67.4(a). Maps are available for in- MONTANA spection at the City of These proposed base flood and Jamestown, City Hall, 102 modified base flood elevations, together Yellowstone County (Unin- 3rd Avenue Southeast, with the floodplain management criteria corporated Areas) (FEMA Jamestown, North Dakota. required by 44 CFR 60.3, are the Docket No. 7294) minimum that are required. They Alkali Creek: (Catalog of Federal Domestic Assistance No. Approximately 960 feet 83.100, ‘‘Flood Insurance.’’) should not be construed to mean that above confluence with Yel- Dated: November 30, 1999. the community must change any lowstone River ...... *3,096 existing ordinances that are more Michael J. Armstrong, Just upstream of Main Street stringent in their floodplain (U.S. Highway 87 and 312) *3,153 Associate Director for Mitigation. management requirements. The Approximately 2,200 feet [FR Doc. 99–32356 Filed 12–13–99; 8:45 am] downstream of Black Pine community may at any time enact Street ...... *3,159 BILLING CODE 6718±04±P stricter requirements of its own, or Approximately 1,100 feet pursuant to policies established by other downstream of Black Pine Street ...... *3,166 Federal, state or regional entities. These FEDERAL EMERGENCY proposed elevations are used to meet Maps are available for in- MANAGEMENT AGENCY spection at the Yellowstone the floodplain management County Emergency and Gen- 44 CFR Part 67 requirements of the NFIP and are also eral Services Department, used to calculate the appropriate flood 217 North 27th, Room 309, [Docket No. FEMA±7299] Billings, Montana. insurance premium rates for new buildings built after these elevations are Proposed Flood Elevation NEW MEXICO made final, and for the contents in these Determinations buildings. Los Lunas (Village), Valen- AGENCY: Federal Emergency cia County (FEMA Docket National Environmental Policy Act No. 7254) Management Agency, FEMA. This proposed rule is categorically Rio Grande (Main Channel): ACTION: Proposed rule. Just downstream of Main excluded from the requirements of 44 Street ...... +4,855 SUMMARY: Technical information or CFR Part 10, Environmental Just upstream of Main Street +4,855 comments are requested on the Consideration. No environmental Rio Grande (West Overbank): proposed base (1% annual chance) flood impact assessment has been prepared. Approximately 1,600 feet elevations and proposed base flood downstream of Lopez Regulatory Flexibility Act Road ...... +4,845 elevation modifications for the com- Approximately 12,400 feet munities listed below. The base flood The Associate Director, Mitigation upstream of East Main elevations are the basis for the Directorate, certifies that this proposed Street ...... +4,864 floodplain management measures that rule is exempt from the requirements of Rio Grande (East Overbank): Approximately 2,700 feet the community is required either to the Regulatory Flexibility Act because downstream of State Route adopt or to show evidence of being proposed or modified base flood 49 ...... +4,848 already in effect in order to qualify or elevations are required by the Flood
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Disaster Protection Act of 1973, 42 Executive Order 12612, Federalism Accordingly, 44 CFR part 67 is U.S.C. 4104, and are required to This proposed rule involves no proposed to be amended as follows: establish and maintain community policies that have federalism eligibility in the National Flood implications under Executive Order PART 67Ð[AMENDED] Insurance Program. As a result, a 12612, Federalism, dated October 26, regulatory flexibility analysis has not 1987. 1. The authority citation for part 67 been prepared. continues to read as follows: Executive Order 12778, Civil Justice Authority: 42 U.S.C. 4001 et seq.; Reform. Regulatory Classification Reorganization Plan No. 3 of 1978, 3 CFR, This proposed rule meets the This proposed rule is not a significant 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, applicable standards of section 2(b)(2) of regulatory action under the criteria of 3 CFR, 1979 Comp., p. 376. Executive Order 12778. section 3(f) of Executive Order 12866 of § 67.4 [Amended] September 30, 1993, Regulatory List of Subjects in 44 CFR Part 67 2. The tables published under the Planning and Review, 58 FR 51735. Administrative practice and procedure, Flood insurance, Reporting authority of § 67.4 are proposed to be and recordkeeping requirements. amended as follows:
#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Georgia ...... Floyd County (Un- Coosa River ...... Approximately 1.20 miles downstream of *595 *594 incorporated the confluence of Horseleg Creek. Areas). Approximately 0.36 mile upstream of the ...... confluence of Horseleg Creek. Horseleg Creek ...... At Horseleg Creek Road southwest ...... None *596 Just downstream of confluence of South None *607 Fork Horseleg Creek. South Fork Horseleg Approximately 475 feet downstream of None *609 Creek. Terry Lane. Approximately 449 feet upstream of Terry None *630 Lane. Maps available for inspection at the Floyd County Public Works Department, 337 Blacks Bluff Road, Rome, Georgia. Send comments to Mr. Kevin Poe, Floyd County Manager, P.O. Box 946, Rome, Georgia 30162±0946.
Georgia ...... Rome (City), Floyd Coose River ...... Approximately 1.20 miles downstream of *595 *594 County. confluence of Horseleg Creek (at cor- porate limits). Approximately 1,800 feet downstream of *596 595 the confluence of Etowah River. Etowah River ...... Approximately 2,400 feet upstream of the None *600 confluence of Tributary A. Little Dry Creek ...... At Charlton Street ...... *598 *597 At Redmond Road ...... *598 597 Maps available for inspection at the City of Rome Building Inspection Department, 601 Broad Street, Rome, Georgia. Send comments to Mr. John Bennett, City of Rome Manager, P.O. Box 1433, Rome, Georgia 30162.
Massachusetts ...... Braintree (Town), Cochato River ...... Upstream face of Richardi Reservoir Dam *107 *105 Norfolk County. No. 1. Braintree/Randolph corporate limits ...... *108 *109 Maps available for inspection at the Braintree Town Hall, One J.F.K. Memorial Drive, Braintree, Massachusetts. Send comments to Mr. Peter LaPolla, Braintree Town Planner, One J.F.K. Memorial Drive, Braintree, Massachusetts 02184.
Massachusetts ...... Holbrook (Town), Cochato River ...... Randolph/Holbrook corporate limits ...... *121 *119 Norfolk County. Approximately 50 feet downstream of *128 *127 North Shore Road. Maps available for inspection at the Holbrook Town Hall, 50 North Franklin Street, Holbrook, Massachusetts. Send comments to Mr. Paul Mullane, Holbrook Town Administrator, 50 North Franklin Street, Holbrook, Massachusetts 02343.
Massachusetts ...... Randolph (Town), Cochato River ...... At downstream corporate limits ...... *107 *105 Norfolk County. At Randolph/Holbrook corporate limits, None *119 approximately 1,200 feet upstream of Private Dam.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps available for inspection at the Randolph Town Hall, 1 Turner Lane, Randolph, Massachusetts. Send comments to Mr. Brian Howard, Chairman of the Town of Randolph Board of Selectmen, 1 Turner Lane, Randolph, Massachusetts 02368±3967.
Minnesota ...... Brown County (Un- Minnesota River ...... Approximately 2.15 miles downstream of *804 *805 incorporated Chicago and North Western Railroad. Areas). Downstream side of U.S. Highway 14 ..... *810 *809 Cottonwood River ...... At confluence with Minnesota River ...... *806 *807 Approximately 1,000 feet downstream of *806 *807 Chicago & North Western Railroad Bridge. Backwater Effects of the Downstream side of the upstream County None *823 Minnesota River. boundary. Maps available for inspection at the Brown County Planning and Zoning Office, Brown County Courthouse, New Ulm, Minnesota. Send comments to Mr. Charles Enter, Brown County Administrator, P.O. Box 248, New Ulm, Minnesota 56073±0248.
New York ...... Frankfort (Town), Mohawk River ...... At the downstream corporate limits with None *395 Herkimer County. Village of Ilion. Approximately 1.36 miles upstream of None *407 Dyke Road. Maps available for inspection at the Frankfort Town Hall, 140 South Litchfield Street, Frankfort, New York. Send comments to Mr. Joseph Kinney, Town of Frankfort Supervisor, 140 South Litchfield Street, Frankfort, New York
New York ...... New Bremen Black River ...... Approximately 100 feet downstream of None *737 (Town), Lewis State Route 410. County. Approximately 0.95 mile upstream of None *743 Lowville and Beaver River Railroad. Maps available for inspection at the New Bremen Town Hall, RR 3, Lowville, New York. Send comments to Mr. Frederick J. Schneider, New Bremen Town Supervisor, RR 1, Box 85, Castorland, New York 13620.
North Carolina ...... Albemarle (City), Little Long Creek ...... From a point approximately 1,200 feet *411 *410 Stanly County. downstream of Morgan Road. To a point approximately 100 feet down- *479 *478 stream of Centerview Church Road. Poplin Creek ...... At the confluence with Little Long Creek *420 *416 To a point approximately 0.50 mile down- *420 *419 stream of Aquadale Road. Town Creek ...... At the confluence with Little Long Creek *450 *446 To a point approximately 9.75 feet down- *450 *449 stream of Snuggs Road. Maps available for inspection at the City of Albermarle Engineering Department, 144 North Second Street, Albemarle, North Carolina. Send comments to The Honorable Roger Snyder, Mayor of the City of Albemarle, P.O. Box 190, Albemarle, North Carolina 28002±0190.
North Carolina ...... Stanly County (Un- Little Long Creek ...... From a point approximately 1,200 feet *411 *410 incorporated downstream of Morgan Road. Areas). To a point approximately 200 feet down- *414 D*412 stream of Morgan Road. Rocky River ...... At a point approximately 3.1 miles down- None *475 stream of State Route 1145 (River Road). At point approximately 300 feet at up- None *482 stream county boundary. Maps available for inspection at the Stanly County Planning & Zoning Department, 201 South Second Street, 3rd Floor, Albemarle, North Carolina. Send comments to Mr. John Whitehurst, Stanly County Manager, 201 South Second Street, Albemarle, North Carolina 28001.
West Virginia Logan County (Un- Mud Fork ...... At the confluence with Copperas Mine *675 *676 incorporated. Fork. Approximately 1,960 feet upstream from *675 *676 CSX Railroad. Copperas Mine Fork ...... At the confluence with Island Creek ...... *675 *676 Approximately 1,070 feet downstream *675 *676 from County Route 9 and County Route 4.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Island Creek ...... Approximately 140 feet upstream of con- *662 *661 fluence of Guyandotte River. Approximately 1,425 feet upstream of *851 850 confluence of Cow Creek. Maps available for inspection at the Logan County Courthouse, County Clerk's Office, 300 Stratton Street, Room 101, Logan, West Virginia.
West Virginia Morgan County Cacapon River ...... Approximately 200 feet upstream of the None *454 (Unincorporated confluence with the Potomac River. Areas). Approximately 1,405 feet upstream of the None *584 most upstream crossing of State Route 9. Maps available for inspection at the Morgan County Courthouse, 202 Fairfax Street, Berkeley Springs, West Virginia Send comments to Mr. Glen R. Stotler, President of the Morgan County Commission, P.O. Box 28, Berkeley Springs, West Virginia 25411.
(Catalog of Federal Domestic Assistance No. ACTION: Final rule. SUPPLEMENTARY INFORMATION: 83.100, ‘‘Flood Insurance.’’) Dated: November 30, 1999. SUMMARY: We are adopting a safety Background performance standard for the repair of Michael J. Armstrong, Listed below are safety standards in Associate Director for Mitigation. corroded or damaged steel pipe in gas or hazardous liquid pipelines. Because 49 CFR part 192 for gas transmission [FR Doc. 99–32361 Filed 12–13–99; 8:45 am] present safety standards specify and distribution lines and 49 CFR part BILLING CODE 6718±01±P particular methods of repair, operators 195 for hazardous liquid pipelines that must get approval from government specify methods of repairing corrosion regulators to use innovative repair and other defects in metallic pipe. DEPARTMENT OF TRANSPORTATION technologies. The performance standard Research and Special Programs is likely to encourage technological Administration innovations and reduce repair costs without reducing safety. 49 CFR Parts 192 and 195 EFFECTIVE DATE: This final rule takes effect January 13, 2000. [Docket No. RSPA±98±4733; Amdt. 192±88; 195±68] FOR FURTHER INFORMATION CONTACT: L. M. Furrow at (202) 366–4559 or RIN 2137±AD25 [email protected]. You can read Pipeline Safety: Gas and Hazardous comments and other material in the Liquid Pipeline Repair docket at this internet web address: http://dms.dot.gov. General information AGENCY: Research and Special Programs about our pipeline safety program can Administration (RSPA), DOT. be obtained at http://ops.dot.gov.
Section Pipe Defect Repair Method
§ 192.309(b) ...... Certain steel transmission lines or Dent of particular characteristic ...... Remove by cutting out length of pipe mains. § 192.485(a) ...... Metallic transmission lines ...... Large area of general corrosion does Remove by cutting out length of pipe, not support maximum allowable oper- unless operating pressure is reduced ating pressure (MAOP). § 192.487(a) ...... Metallic distribution lines (except cast or Large area of general corrosion does Remove by cutting out length of pipe ductile iron). not support MAOP or has more than 70% wall loss. § 192.713 ...... High-stress steel transmission lines...... Imperfection or damage impairs service- Remove by cutting out length of pipe, or ability. install full-encirclement split sleeve § 192.717 ...... Steel transmission lines ...... Leaking defect ...... Remove by cutting out length of pipe, install full-encirclement welded split sleeve, or apply other specified repair methods § 195.416(f) ...... Steel pipeline ...... Large area of general corrosion reduces Replace with coated pipe, unless oper- wall thickness below minimum in pipe ating pressure is reduced specification.
Because these standards prescribe lack flexibility. They do not allow discourage operators from developing methods of repair rather than what the operators to use new or more innovative new repair methods that may be more repair should accomplish, the standards repair technologies. They also economical. In contrast, under less
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.066 pfrm03 PsN: 14DER1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations 69661 restrictive standards in Parts 192 and §§ 192.713 and 192.717 give to pipe operators the flexibility to choose the 195, operators may and do use methods replacement whenever it is feasible to most cost-effective technology to do a besides pipe replacement and split take a damaged pipeline out of service. particular job, in this case repairing sleeves, such as composite pipe wraps, And we proposed to terminate the corroded or other damaged pipe. They grinding, hot tapping, and weld requirement in these sections that also create a disincentive for operators deposition, to repair corroded or replacement pipe have ‘‘similar or to invest in the development of new damaged pipe. For example, a gouge greater design strength’’ than the pipe technology. Moreover, properly crafted that impairs the serviceability of a steel being replaced. We think this performance standards can bar the use gas transmission line not covered by requirement is overly conservative, and of unacceptable technology. Therefore, § 192.713 may be repaired under the safety of replacement pipe is we did not adopt this commenter’s § 192.703(b) by any method that returns otherwise governed by the material, suggestion. the pipe to a safe condition. design, construction, and testing Clarity of Proposal In recent years, we and a few state requirements of Part 192. pipeline safety agencies waived the As discussed above, we proposed to requirements of §§ 192.485(a) and Discussion of Comments widen operators’ choices of repair 192.713 so operators could use a new We received comments from the methods by allowing pipe to be repair system called Clock Spring wrap following sources in response to the ‘‘repaired by a method that can to simplify and reduce the average cost NPRM: permanently restore the serviceability of the pipe, as shown by reliable of repairs (60 FR 10630; February 27, Trade association: American Gas engineering tests and analyses.’’ The 1995). This system, which consists of a Association Colorado Interstate Gas Company fiberglass/polyester composite material Interstate gas pipeline operators: thought this wording could be coiled with adhesive in layers over a Colorado Interstate Gas Company, misinterpreted to require tests and filler, reinforces steel pipe that has CMS Energy Corporation, Duke analyses of completed repairs. This certain non-leaking defects. According Energy Corporation, Enron Gas commenter suggested we use the to tests and analyses done by the Gas Pipeline Group, Paiute Pipeline following alternative wording to Research Institute, when properly Company, and Southern Natural Gas emphasize that the repair method is to installed, the system permanently Company restores the pressure containing be tested and analyzed: ‘‘* * * using a Gas distribution operators: Southwest method qualified by reliable engineering capability of the pipe (D.R. Stephens, Gas Corporation and Consumers Summary of Validation of Clock Spring tests and analyses, each repair must Energy Company for Permanent Repair of Pipeline permanently restore the serviceability of Manufacturer: Clock Spring Company, Corrosion Defects, GRI–98/0227, Gas the pipe.’’ L.P. Research Institute, Chicago, Illinois, After considering the matter, we think Engineering firm: Stress Engineering October 1998). the syntax of the proposed requirement Services, Inc. for tests and analyses could possibly Notice of Proposed Rulemaking Engineering consultant: Foy Milton, PE cause the requirement to be Recognizing the need for flexibility in Of the 12 commenters, four misconstrued to apply to completed §§ 192.309(b), 192.485(a), 192.487(a), (Consumers Energy Company, Paiute repairs rather than repair methods. 192.713, and 195.416(f), we published a Pipeline Company, Southern Natural Therefore, in the final rules, we revised notice of proposed rulemaking (NPRM) Gas Company, and Southwest Gas the wording of the proposal as follows to amend these rules to permit operators Corporation) supported the proposed to better indicate the purpose of the to use repair methods that meet a rules without change; one (Foy Milton) tests and analyses: ‘‘repaired by a performance standard (64 FR 16882; opposed use of a performance standard method that reliable engineering tests April 7, 1999). The standard we for pipe repairs; one (American Gas and analyses show can permanently proposed was that the repair method be Association) supported the proposals restore the serviceability of the pipe.’’ able to ‘‘permanently restore the but suggested a minor editorial change, We did not adopt the commenter’s serviceability of the pipe,’’ a result which is included in final § 192.717; suggested rewrite because we believe it comparable to that expected from and the remaining six commenters would, perhaps inadvertently, regulate replacing damaged pipe or installing a favored the proposals in general but completed repairs in addition to repair full-encirclement split sleeve. We suggested substantive changes. Our methods, a result not intended by the explained that such restoration would disposition of the lone opposing proposal. be permanent if the repair were comment and those comments Test Criteria expected to last as long as the pipe suggesting substantive changes is under normal operating and discussed under the following headings. The Clock Spring Company was concerned that operators’ freedom of maintenance conditions. Specification vs. Performance For assurance that a repair method interpretation under the proposed rules indeed meets the performance standard, Asserting advantages of the existing might threaten the integrity of repairs we further proposed that the method specification-type standards (uniformity made by non-traditional methods. This must have undergone ‘‘reliable of application, ease of understanding, commenter suggested we augment the engineering tests and analyses.’’ voluntary standards committee backing, proposal by including minimum test Although no guidelines for these tests and disallowance of unacceptable repair criteria, such as long term strength, and analyses were proposed, we said methods), Foy Milton urged us not to go environmental compatibility, and ‘‘the tests and analyses need only be forward with the proposed rule changes. dynamic forces, and require that testing what a reasonable and prudent While we agree that specification-type be consistent with ASTM D2992–96, professional engineer would consider standards may be appropriate in some Standard Practice for Obtaining adequate to demonstrate compliance instances, they are not the standards of Hydrostatic or Pressure Design Basis for with the performance standard.’’ choice for mechanisms undergoing ‘‘Fiberglass’’ (Glass-Fiber-Reinforced Besides the performance standard, we advancements in technology. Thermosetting-Resin) Pipe and Fittings. also proposed to drop the priority that Specification-type standards deny Alternatively, the company
VerDate 29-OCT-99 16:49 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.XXX pfrm08 PsN: 14DER1 69662 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations recommended that we devise testing which is consistent with current judging compliance with many criteria based on the years of industry practices, would hinder future performance standards in Parts 192 and engineering experience in developing innovation. Although we agree with 195. Clock Spring wrap. Similarly, Stress Enron that without such a requirement Repair by Replacement Engineering Services, Inc., a participant operators would still have to in proving the integrity of two demonstrate the validity of their Duke Energy, CMS Energy, and Enron composite repair methods, Clock Spring compliance efforts, the nature of such suggested that because pipe replacement wrap and Armor Plate Pipe Wrap, demonstrations would be discretionary is one of several methods that could be thought guidelines for testing new and could have less probative value used under proposed §§ 192.485(a), composite repair methods were needed than reliable engineering tests and 192.487(a), and 192.713(a) to repair to properly assess critical technical analyses. corroded or damaged pipe, these rules issues. Enclosed with this comment was Furthermore, a majority of would be clearer if they referred only to a set of 15 guidelines for testing commenters apparently support our repair rather than to both replacement composite materials. position. Except for Foy Milton, who and repair. Although the premise of this In sharp contrast, the Enron Gas advised us not to change the existing comment is correct, the proposed rules Pipeline Group said the proposed rules, seven of the remaining eleven distinguished replacement from other testing and analyses requirement is commenters supported the proposed methods of repair because throughout unnecessary. As support for this rules in general and expressed no Parts 192 and 195 replacement is position, Enron cited performance specific opinion on the proposed distinguished from other methods of standards, such as § 195.422, as having requirement for reliable engineering repair. This distinction is significant satisfactorily controlled safety problems tests and analyses. Also, as discussed because pipe replacement triggers safety without requiring tests and analyses to below, our two pipeline safety advisory requirements, such as those involving demonstrate compliance. Enron also committees approved the proposed pipe design, construction, and pressure contended that performance standards rules without recommending any testing, that do not apply to other implicitly require operators to prove change to this requirement. methods of pipe repair. Giving special that methods used to achieve In the NPRM, we described the emphasis to replacement in repair rules compliance will indeed do so, and that ‘‘reliable engineering tests and highlights the need for replacement pipe requiring tests and analyses would analyses’’ that would be necessary to to meet these additional safety hinder operators’ freedom to use show that a particular repair method requirements. So we do not think the innovative technologies. will perform as required. We said the commenters’ suggestion would Our position, like the proposal, lies tests and analyses need only be what a necessarily contribute to overall clarity. between these two different views. We reasonable and prudent professional are not persuaded that the proposed engineer would consider adequate to Corrosion Repairs testing requirement needs demonstrate compliance with the Duke Energy, CMS Energy, and Enron strengthening. By and large, the pipeline performance standard. We recognize suggested that including the proposed industry’s repair practices have been that licensed professional engineers may performance standard under very conservative and slow to differ on what information is necessary §§ 192.485(a) and 192.487(a) was incorporate non-traditional methods. to demonstrate the performance of redundant, because corrosion repairs For example, the industry did not use particular technologies in particular would be subject to the same standard Clock Spring or Armor Plate until after circumstances. But the experience of under proposed § 192.713(a). But this ample hard evidence was produced to Clock Spring and Armor Plate wraps observation is only partially correct, prove the lasting integrity of pipe can serve as a model in determining the because § 192.713(a) applies only to repaired by these methods. And the technical issues to resolve and the certain high-stress steel transmission quality of these repairs, a great many of relevant substantiating tests and lines, while §§ 192.485(a) and which have been done without the need analyses. We will look to this 192.487(a) apply to all metallic for a waiver of Part 192 or 195 experience to guide our inspections for transmission or distribution lines. If the standards, is shown by the lack of compliance with the final rule. In this proposed performance standard were reports of incidents or near-incidents regard, we would welcome not included under §§ 192.485(a) and attributable to faulty repairs. We think opportunities to preview new pipeline 192.487(a), corrosion repairs on the industry is unlikely to take any less repair technologies in the development pipelines not covered by § 192.713(a) conservative approach to new repair stage to avert possible compliance would not be subject to the proposed technologies that may become available issues later on when the technologies standard. So we have left the proposed for use in the future. are marketed. performance standard in final At the same time, we still believe that With the growth of repair technology, §§ 192.485(a) and 192.487(a). a requirement for tests and analyses is we expect that voluntary efforts will needed. Given that pipe replacement respond to any possible demand for Leak Repairs and full-encirclement split sleeves are uniform testing criteria. As mentioned Duke Energy, CMS Energy, and Enron time-tested methods of pipe repair, a above, Stress Engineering has already further suggested that the proposed requirement for reliable engineering moved in this direction for certain performance standard under tests and analyses will provide public composite wraps. And other firms and § 192.713(a) for non-leaking defects confidence in the safety of innovative organizations may develop additional should apply to leaking defects as well. methods intended as alternatives to criteria for different repair techniques. This change, they said, would be these time-tested methods. The lack of Such criteria could be incorporated in consistent with the purpose of the similar requirements elsewhere in the voluntary standards, such as ASME rulemaking and allow the removal of regulations is not sufficient reason to B31.4 or B31.8, or in publications such § 192.717, which requires specific repair drop a proposed requirement intended as GPTC/ANSI Z380.1, Guide for Gas methods for transmission line leaks. to assure the integrity of innovative Transmission and Distribution Piping We did not propose to apply the repair alternatives. Enron did not Systems. We now use these documents proposed performance standard to explain why the proposed requirement, as a guide to acceptable practices in methods of repairing pipe leaks because
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.083 pfrm03 PsN: 14DER1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations 69663 the impetus for this rulemaking, Clock or repair unnecessary. Therefore, we Evaluation, which is discussed below. A Spring wrap, is not designed to repair have not included the suggested transcript and report of each leaks. Still, as explained in the NPRM, amendment in final § 192.713. committee’s consideration of the NPRM the purpose of this rulemaking is to Both the existing and proposed is available in the docket. make the pipe repair regulations more § 192.713 call for a reduction in During the May 4th meeting, one flexible so that operators have operating pressure to a safe level during advisory committee member questioned incentives to innovate and greater repairs. But Duke Energy, CMS Energy, the appropriateness of the term freedom in selecting repair methods. and Enron pointed out that such a ‘‘generally corroded’’ in the first And, as the commenters indicated, reduction is unnecessary if the sentence of § 195.416(f). This sentence achieving this goal does not depend on operating pressure is already at a level reads: ‘‘Any pipe that is found to be whether the defect to be repaired is safe for repairs. These commenters generally corroded so that the remaining leaking nor on the availability of a non- suggested that the rule merely provide wall thickness is less than the minimum that the operating pressure be at a safe traditional leak repair method that thickness required by the pipe level during repairs. We believe this qualifies under the proposed specification tolerances must be interpretation is a reasonable performance standard. In fact, adopting replaced with coated pipe that meets the application of the current rule, so we the proposed performance standard to requirements of this part.’’ The member have included the suggested change in authorize alternative leak repair suggested that revising this requirement the final rule. methods is likely to foster the to refer to pipe that has ‘‘general development of new methods of leak Dents Found During Construction corrosion’’ would clarify the meaning. repair. Therefore, since the proposed In considering this suggestion, we found performance standard is suitable for Existing § 192.309(b) requires removal that the terms ‘‘generally corroded’’ and both non-leaking and leaking defects of unsafe dents found during the ‘‘general corrosion’’ are used in and applying the standard to the repair construction of certain transmission §§ 192.485(a), 192.487(a), 195.416(f), of leaking defects furthers the purpose lines and mains. We proposed to allow and 195.418(d) to refer to areas of of the NPRM, we have added the operators to repair these dents with corrosion other than corrosion pitting. proposed performance standard to methods that qualify under the Indeed, the two terms are used § 192.717 to cover the permanent repair performance standard discussed above. interchangeably in § 192.487(a). Given of leaks on transmission lines. As But Enron said the existing, more the common intended meaning of both discussed below, our gas pipeline safety restrictive requirement is appropriate advisory committee supported this for pipeline construction and saw no terms, which our experience indicates is action. need for change. Alone among the universally understood and applied in Contrary to the commenters’ commenters, it said the existing removal the pipeline industry, and the lack of suggestion, however, merely extending requirement is reasonable because, any compliance difficulty caused by the § 192.713 to cover leaking defects would during construction, the dented pipe is term ‘‘generally corroded,’’ we decided not enable removal of § 192.717. Section accessible and not yet in service, and not to adopt the member’s suggested 192.717 is broader in scope; it applies machinery and labor are on site or change to § 195.416(f). to all steel transmission lines, not just readily available. We are not swayed by As discussed above under Leak those that come under § 192.713. this reasoning, however. Although we Repairs, Duke Energy, CMS Energy, and agree the burden of removal may be Enron suggested that the proposed Reducing Operating Pressure lessened somewhat by the performance standard is suitable for Duke Energy, CMS Energy, and Enron circumstances of construction, we find leaking as well as non-leaking defects. asked that we amend § 192.713 to state it more reasonable to adopt a regulation To help us assess this comment, at the that operators may reduce the maximum that permits remedial options that can November 4, 1999, TPSSC meeting in allowable operating pressure of provide equivalent safety at possibly Washington, DC, we asked the TPSSC defective pipe to a safe level instead of less cost. Final § 192.309(b) is, therefore, for advice on whether we should add permanently repairing the pipe. Section adopted as proposed. the performance standard to § 192.717, 192.485 allows this alternative on Advisory Committee Consideration which prescribes repair methods for corroded transmission line pipe where a leaks on gas transmission lines. The safe operating pressure can be We presented the NPRM for TPSSC voted, with one abstention, to calculated under accepted engineering consideration by the Technical Pipeline support including the performance guidelines based on the remaining Safety Standards Committee (TPSSC) standard in § 192.717. A transcript and strength of the corroded pipe (e.g., and the Technical Hazardous Liquid report of the TPSSC’s consideration of ASME B31.G–1991). After the MAOP is Pipeline Safety Standards Committee this matter is available in the docket. reduced to a safe level, the corrosion no (THLPSSC) at a meeting in Washington, longer impairs the serviceability of the DC on May 4, 1999. The TPSSC is Regulatory Analyses and Notices pipe, making the repair requirement of RSPA’s statutory advisory committee for A. Executive Order 12866 and DOT § 192.713 inapplicable. But we are not gas pipeline safety and the THLPSSC is Regulatory Policies and Procedures aware of comparable engineering RSPA’s statutory advisory committee for guidelines for determining the safe hazardous liquid pipeline safety. Each DOT does not consider this operating pressure of steel pipe that has committee has 15 members, rulemaking to be a significant regulatory defects other than corrosion, such as representing industry, government, and action under Section 3(f) of Executive scratches, gouges, or dents. Although the public, who are qualified to consider Order 12866 (58 FR 51735; October 4, operators may reduce operating pressure the technical feasibility, reasonableness, 1993), and the Office of Management as a temporary protective measure cost-effectiveness, and practicability of and Budget (OMB) has not reviewed this under § 192.711, in the absence of such proposed pipeline safety standards. rulemaking document. Also, DOT does guidelines, there is no accepted way to Both committees voted unanimously to not consider this rulemaking significant judge what amount of pressure approve the proposed rules and to under its regulatory policies and reduction will restore the serviceability approve the associated risk assessment procedures (44 FR 11034; February 26, of the defective pipe and make removal information contained in the Regulatory 1979).
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The final rules provide operators 13084, ‘‘Consultation and Coordination This rulemaking does not require flexibility to choose the most cost- with Indian Tribal Governments.’’ business process changes or require effective method of repairing pipe, Because the rules will not significantly modifications to computer systems. while maintaining public safety. Thus, or uniquely affect Indian tribal Because this rulemaking does not affect the rules will not add costs to industry, governments, the funding and the ability of organizations to respond to government, or the public. In fact, the consultation requirements of Executive the Year 2000 problem, we have not rules should reduce operators’ costs of Order 13084 do not apply. delayed the effectiveness of the final transporting oil and gas, and perhaps rules. the price consumers pay for these E. Paperwork Reduction Act of 1995 List of Subjects products. In comments on a proposed This rulemaking contains no waiver to the Panhandle Eastern information collection that is subject to 49 CFR Part 192 Corporation (58 FR 13823; March 15, review by OMB under the Paperwork Natural gas, Pipeline safety, Reporting 1993), the American Gas Association Reduction Act of 1995. and recordkeeping requirements. estimated that industry could save $6.5 F. Unfunded Mandates Reform Act of 49 CFR Part 195 million a year by using composite wrap 1995 to repair corroded or damaged pipe. Ammonia, Carbon dioxide, Although part of the gas pipeline This rulemaking will not impose Petroleum, Pipeline safety, Reporting industry is already realizing these unfunded mandates under the and recordkeeping requirements. Unfunded Mandates Reform Act of savings because of the Panhandle and In consideration of the foregoing, 49 other waivers, the final rules will create 1995. It will not result in costs of $100 million or more to either state, local, or CFR parts 192 and 195 are amended as a similar opportunity for savings by the follows: entire oil and gas pipeline industry. tribal governments, in the aggregate, or And still more savings could possibly to the private sector, and is the least PART 192Ð[AMENDED] result from the use of innovative burdensome alternative that achieves technologies not covered by the waivers. the objective of the rulemaking. 1. The authority citation for part 192 continues to read as follows: In fact, this rulemaking fosters the use G. National Environmental Policy Act and development of new repair Authority: 49 U.S.C. 5103, 60102, 60104, technologies without additional cost to We have analyzed the final rules for 60108, 60109, 60110, 60113, and 60118; and the regulated industry. A Final purposes of the National Environmental 49 CFR 1.53. Regulatory Evaluation document is Policy Act (42 U.S.C. 4321 et seq.). We 2. In § 192.309, paragraph (b) available for review in the docket. prepared an Environmental Assessment introductory text is revised to read as (64 FR 16884; April 7, 1999) in which follows: B. Regulatory Flexibility Act we concluded that the proposed action This rulemaking will not impose would not significantly affect the § 192.309 Repair of steel pipe. additional requirements on pipeline human environment because alternative * * * * * operators, including small entities that repair methods would have to be as (b) Each of the following dents must operate regulated pipelines. Rather, the reliable as those the pipeline safety be removed from steel pipe to be rules offer operators the opportunity to regulations currently allow. Thus any operated at a pressure that produces a use more economical methods of alternative method would provide the hoop stress of 20 percent, or more, of repairing corroded or damaged pipe. same level of pipe protection that the SMYS, unless the dent is repaired by a Thus, this rulemaking may reduce costs current repair methods provide. Based method that reliable engineering tests to operators, including small entities. on this Environmental Assessment and and analyses show can permanently Based on the facts available about the no receipt of information showing restore the serviceability of the pipe: expected impact of this rulemaking, I otherwise, we have prepared a Finding * * * * * certify, under section 605 of the of No Significant Impact (FONSI). This 3. Section 192.485(a) is revised to Regulatory Flexibility Act (5 U.S.C. FONSI has been made part of the read as follows: 605), that this rulemaking will not have docket. § 192.485 Remedial measures: a significant economic impact on a H. Impact on Business Processes and Transmission lines. substantial number of small entities. Computer Systems (a) General corrosion. Each segment of C. Executive Order 12612 Many computers that use two digits to transmission line with general corrosion This rulemaking will not have keep track of dates will, on January 1, and with a remaining wall thickness substantial direct effects on states, on 2000, recognize ‘‘double zero’’ not as less than that required for the MAOP of the relationship between the Federal 2000 but as 1900. This glitch, the Year the pipeline must be replaced or the Government and the states, or on the 2000 Problem, could cause computers to operating pressure reduced distribution of power and stop running or to start generating commensurate with the strength of the responsibilities among the various erroneous data. The Year 2000 problem pipe based on actual remaining wall levels of government. Therefore, in poses a threat to the global economy in thickness. However, corroded pipe may accordance with Executive Order 12612 which Americans live and work. With be repaired by a method that reliable (52 FR 41685; October 30, 1987), RSPA the help of the President’s Council on engineering tests and analyses show can has determined that the final rules do Year 2000 Conversion, federal agencies permanently restore the serviceability of not have sufficient federalism are reaching out to increase awareness the pipe. Corrosion pitting so closely implications to warrant preparation of a of the problem and to offer support. We grouped as to affect the overall strength Federalism Assessment. do not want to impose new of the pipe is considered general requirements that would mandate corrosion for the purpose of this D. Executive Order 13084 business process changes when the paragraph. The final rules have been analyzed in resources necessary to implement those * * * * * accordance with the principles and requirements would otherwise be 4. Section 192.487(a) is revised to criteria contained in Executive Order applied to the Year 2000 Problem. read as follows:
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§ 192.487 Remedial measures: Distribution (4) If the leak is on a submerged to permit, but not require, the lines other than cast iron or ductile iron offshore pipeline or submerged pipeline installation of dynamically deploying lines. in inland navigable waters, upper interior head protection systems. (a) General corrosion. Except for cast mechanically apply a full encirclement These systems are currently being used iron or ductile iron pipe, each segment split sleeve of appropriate design. by some vehicle manufacturers to of generally corroded distribution line (5) Apply a method that reliable provide added head protection in lateral pipe with a remaining wall thickness engineering tests and analyses show can crashes. Since compliance with the less than that required for the MAOP of permanently restore the serviceability of upper interior head protection the pipeline, or a remaining wall the pipe. requirements of the standard as thickness less than 30 percent of the originally adopted would often not be nominal wall thickness, must be PART 195Ð[AMENDED] practicable at points located at or near replaced. However, corroded pipe may the places where these dynamic systems be repaired by a method that reliable 8. The authority citation for part 195 continues to read as follows: are stored, the final rule allowed engineering tests and analyses show can vehicles equipped with the systems to permanently restore the serviceability of Authority: 49 U.S.C. 5103, 60102, 60104, meet slightly reduced requirements at 60108, 60109, 60118; and 49 CFR 1.53. the pipe. Corrosion pitting so closely those points. However, these vehicles grouped as to affect the overall strength 9. Section 195.416(f) is revised to read were also required to meet new of the pipe is considered general as follows: requirements in a side crash into a pole corrosion for the purpose of this § 195.416 External corrosion control. to ensure that the systems enhance paragraph. safety. * * * * * * * * * * (f) Any pipe that is found to be This document grants two petitions, § 192.711 [Amended] generally corroded so that the remaining and amends Standard No. 201 5. In § 192.711(b), remove wall thickness is less than the minimum accordingly. The American Automobile ‘‘§ 192.717(a)(3)’’ and add thickness required by the pipe Manufacturers Association (AAMA) ‘‘§ 192.717(b)(3)’’ in its place. specification tolerances must be requested that NHTSA delete a 6. Section 192.713 is revised to read replaced with coated pipe that meets the humidity range specification for as follows: requirements of this part. However, calibration of the test device used in the generally corroded pipe need not be car-to-pole test on the basis that the § 192.713 Transmission lines: Permanent specification was both unnecessary and field repair of imperfections and damages. replaced if— difficult to meet. Noting that the final (a) Each imperfection or damage that (1) The operating pressure is reduced rule specified a broad range of potential impairs the serviceability of pipe in a to be commensurate with the limits on impact speeds for the car-to-pole test, steel transmission line operating at or operating pressure specified in this the Association of International above 40 percent of SMYS must be— subpart, based on the actual remaining (1) Removed by cutting out and wall thickness; or Automobile Manufacturers, Inc. (AIAM) replacing a cylindrical piece of pipe; or (2) The pipe is repaired by a method requested that the agency specify a (2) Repaired by a method that reliable that reliable engineering tests and narrower speed range for this test. engineering tests and analyses show can analyses show can permanently restore This document also denies two other permanently restore the serviceability of the serviceability of the pipe. petitions. Mercedes-Benz of North the pipe. * * * * * America (Mercedes) argued that the (b) Operating pressure must be at a Issued in Washington, DC on December 8, reduced requirements should apply not safe level during repair operations. 1999. only to points near the stored dynamic 7. Section 192.717 is revised to read Kelley S. Coyner, systems, but also to points covered by as follows: Administrator. those systems when they are deployed. § 192.717 Transmission lines: Permanent [FR Doc. 99–32274 Filed 12–13–99; 8:45 am] Chrysler Corporation (Chrysler) objected field repair of leaks. BILLING CODE 4910±60±P to a requirement that manufacturers Each permanent field repair of a leak choosing one of the compliance test on a transmission line must be made options must select which option it is by— DEPARTMENT OF TRANSPORTATION using at the time of certification and (a) Removing the leak by cutting out may not, after selecting one test option, and replacing a cylindrical piece of National Highway Traffic Safety rely on a different test option to pipe; or Administration demonstrate compliance. (b) Repairing the leak by one of the 49 CFR Part 571 DATES: Effective Date: The amendments following methods: made in this rule are effective February (1) Install a full encirclement welded [Docket No. NHTSA±98±3421] split sleeve of appropriate design, 14, 2000. unless the transmission line is joined by RIN No. 2127±AH60 Petition Date: Any petitions for mechanical couplings and operates at Federal Motor Vehicle Safety reconsideration must be received by less than 40 percent of SMYS. Standards; Head Impact Protection NHTSA no later than January 28, 2000. (2) If the leak is due to a corrosion pit, ADDRESSES: Any petitions for install a properly designed bolt-on-leak AGENCY : National Highway Traffic reconsideration should refer to the clamp. Safety Administration (NHTSA), docket and notice number of this notice (3) If the leak is due to a corrosion pit Department of Transportation. and on pipe of not more than 40,000 psi and be submitted to: Administrator, ACTION: Final rule; response to petitions National Highway Traffic Safety (267 Mpa) SMYS, fillet weld over the for reconsideration. pitted area a steel plate patch with Administration, 400 Seventh Street, SW, rounded corners, of the same or greater SUMMARY: This document responds to Washington, DC 20590. thickness than the pipe, and not more petitions for reconsideration of a final FOR FURTHER INFORMATION CONTACT: For than one-half of the diameter of the pipe rule amending Standard No. 201, legal issues: Mr. Otto Matheke, Office of in size. Occupant Protection in Interior Impact, the Chief Counsel, NHTSA, 400 Seventh
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Street, SW, Washington, DC 20590. Mr. undeployed state. The performance of After careful consideration of the Matheke’s telephone number is (202) the devices while deployed would be comments received in response to the 366–5253. His facsimile number is (202) tested in a side impact test into a fixed NPRM, the agency decided to drop one 366–3820. For non-legal issues: Dr. rigid pole at 30 km/h (18.6 miles per of the test options discussed in the William Fan, Office of Crashworthiness hour) or a side impact with a moving NPRM, Option 2, and adopted a refined Standards, NPS–11, Dr. Fan’s telephone deformable barrier representing a motor version of Option 3, a vehicle-to-pole number is (202) 366–4922. His facsimile vehicle at 50 km/h (31 miles per hour). test. The modification to the vehicle-to- number is (202) 366–4329. Following consideration of the pole test included an expansion of the comments submitted in response to the area over a stowed dynamic system SUPPLEMENTARY INFORMATION: ANPRM, the agency issued a Notice of subject to testing at the reduced 19 km/ Background Proposed Rulemaking (NPRM) on h (12 mph) FMH impact speed, changed Standard No. 201 requires passenger August 26, 1997. (62 FR 45202). The specifications for the rigid pole, minor cars, trucks, buses, and multipurpose NPRM proposed adding alternative changes to the specifications for vehicle passenger vehicles (MPVs) with a gross performance requirements and test test attitude to accommodate different vehicle weight rating (GVWR) of 4,536 procedures to Standard No. 201 to vehicle propulsion systems, and a kilograms (10,000 pounds) or less to accommodate development of various modification to the proposed seating provide head protection during a types of dynamically deployed upper procedure for the SID/HIII dummy used vehicle crash when the occupant’s head interior head protection systems, in the test. The final rule also stated that strikes either the dashboard area or the including inflatable ones. Under the a manufacturer choosing a particular upper vehicle interior, i.e., pillars, side agency’s proposal, manufacturers would test option must select the option by the rails, headers, or the roof of the vehicle. have the option of demonstrating time it certifies the vehicle and may not The upper interior impact protection compliance with Standard No. 201 by thereafter select a different test option requirements were added by a final rule choosing one of three options. Option 1 for compliance purposes. issued by NHTSA in August 1995. specified performing free motion Petitions for Reconsideration of August Compliance with the upper interior headform (FMH) impacts at 24 km/h (15 1998 Final Rule impact protection requirements was mph) at all test points specified in the required to be achieved in a 24 August 1995 final rule. Options 2 and 3 The Mercedes Petition for kilometers per hour (km/h) (15 miles specified FMH testing at reduced impact Reconsideration per hour (mph)) in-vehicle component speeds at those areas located directly Mercedes submitted a petition for impact tests in which a free-motion over a stowed dynamic system. To reconsideration of the August 1998 final headform (FMH) is propelled into ensure that these systems offered safety rule, arguing that the reduced specified target points. In response to benefits when deployed, options 2 and requirements should apply not only to that final rule, the agency received a 3 specified testing of the deployed the target points near the stored number of petitions for reconsideration. system at impact speeds above 24 km/ dynamic systems, but also to points NHTSA announced that it was treating h (15 mph). Option 2 would have covered by those systems when they are those petitions relating to dynamically required FMH impact testing against deployed. As set forth in S6.2: deployed head impact protection target points at 29 km/h (18 mph) with * * * targets that are over any point inside systems as petitions for rulemaking. the system deployed. Option 3 employed a full scale side impact at 29 the area measured along the vehicle interior On March 7, 1996, the agency within 50 mm (2.0 inch) of the periphery of published an advance notice of km/h (18 mph) into a fixed pole. The the stowed system * * * shall be impacted proposed rulemaking (ANPRM) to assist NPRM further stated that manufacturers by the free motion headform specified in S8.9 the agency in evaluating the issues electing one of these options would at any speed up to and including 19 km/h (12 raised by dynamically deployed upper have to do so not later than the time mph). when the vehicle is certified. interior head protection systems (61 FR Mercedes argued that this definition 9136). In the ANPRM, the agency noted On August 4, 1998, NHTSA published should be expanded by replacing the that the areas in which dynamically a final rule (63 FR 41451—Docket existing language in S6.2 with the deployed head impact protection Number NHTSA–98–3847) amending following: systems may be stored may coincide Standard No. 201 to provide new with Standard No. 201 target points. Use compliance options allowing vehicles to Take a silhouette of a fully inflated of dynamic systems might be precluded be equipped with inflatable dynamically dynamic system in side view. Reduce this silhouette to areas consisting of inflated by the upper interior impact protection deployed head impact protection chambers. Reduce these areas further by a 25 requirements of Standard No. 201 since systems. These systems are similar in mm (1.0′′) border. Perpendicularly project the the padding or other countermeasures operation to frontal air bags, i.e., in the remaining area of the silhouette onto the needed to meet those requirements event of a crash, a sensor triggers an vehicle’s inner surface. Target points within could interfere with the design and inflator which rapidly fills a stowed air this projection shall be considered to be operation of dynamic systems. To bag with gas. As the gas expands, the air protected by the dynamic system. Quilted address inflatable dynamic systems, the bag deploys from its stowed position seams between two inflated chambers would agency discussed the possibility that if and interposes itself between the not be considered to interrupt the protected it could develop a clear, precise occupant and other areas of the vehicle. area. definition for determining which points However, unlike frontal air bags, the In support of this definition, Mercedes are protected by inflatable devices, it systems addressed in the amendments argued that its language more properly might propose subjecting vehicles to Standard No. 201 are deployed in reflected the function of a dynamic equipped with these systems to a less side impacts. When deployed, they system by ensuring that those target severe test with 19 km/h (12 mph) provide protection to the head and points that are shielded by the system, headform impacts at all points that upper torso of occupants by inflating as well as those that are merely over the would be covered by the devices when between the occupant and the vehicle’s stowed system, are allowed to comply inflated. These tests would be side window opening or A- and B- with the reduced impact speeds in in- conducted with the devices in their Pillars. vehicle testing.
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To further support its position, reduced threat to occupants. The available at the time, we were able to Mercedes stated that in its cars, the belt scheme is suitable for dynamic system determine, based on the assumption that anchorage D-ring on the B-pillar (target designs similar to the one Mercedes a dynamic system would be stored in an point BP2) is usually covered by the B- now employs—an inflatable curtain that area alongside or in the roof rails, or in pillar trim. The company believes that issues from the roof rails and expands the A-pillars and B-pillars, that the this design is safer than adjustable belt downward over the window openings. safety benefits offered by dynamic anchorages with the belt anchorage D- As this design covers a relatively large systems in side impacts into poles ring outside the B-pillar trim. However, area, the definition urged by Mercedes outweighed the possible safety Mercedes claims that the adjustable D- could arguably be appropriate for that consequences of reducing padding or ring inside the trim needs free moving design. other countermeasures in those areas. space, making installation of the Nevertheless, we are denying the An analysis of the costs and benefits of padding required to comply with the 24 Mercedes petition. The agency believes allowing lower impact speeds in all km/h (15 mph) impact requirement that inflatable curtain systems and areas that may be ‘‘protected’’ by a extremely difficult. The company similar devices, including the BMW dynamic system was not performed. submitted that use of a less restrictive Inflatable Tubular Structure (ITS), may Most significantly, the agency does not definition of target points subject to the offer significant safety benefits in side possess, nor did Mercedes submit, any lower in-vehicle impact speeds would impacts. The actual benefits and data establishing the benefits, if any, recognize the actual function of performance of such systems, from the ‘‘protection’’ provided by a inflatable systems and prevent Mercedes particularly in protecting the head in dynamic system in crash modes other from having to install a more aggressive impacts other than side impacts, have than a side rigid pole impact. adjustable belt anchorage with the D- not yet been ascertained or evaluated by This is not to say that dynamically ring outside the B-pillar trim to meet the NHTSA. The agency is concerned that deployed head protection devices like existing requirements of Standard No. inflatable curtains and similar systems the Mercedes inflatable curtain will not 201. may not perform well in impacts other have the potential to offer significant Following the publication of the than side impacts—which accounted for safety benefits. Nonetheless, NHTSA August 1997 NPRM, Mercedes, Volvo, over 90 percent of fatal and 75 percent believes that significant issues must be Volkswagen of America (VW), BMW of of injury-producing crashes in 1997. In resolved before the agency could adopt North America (BMW), Toyota , order to ensure that countermeasures modifications to Standard No. 201 Autoliv, and the American Automobile perform adequately in a range of similar to those suggested by the Manufacturers’ Association (AAMA) impacts, Standard No. 201 provides that Mercedes petition. One obstacle which commented that those target points the FMH may be fired at target areas must be resolved is the method of protected by the deployed system within a range of vertical and horizontal determining which points are should also be tested at the 19 km/h (12 approach angles. In the case of B-pillar ‘‘protected’’ by an inflatable device. mph) impact speed. While encouraging targets, range of permissible horizontal The issue raised by the Mercedes the agency to adopt this definition, approach angles spans 150 degrees. We petition has been repeatedly examined those commenters did not, in NHTSA’s are concerned that Standard No. 201 by the agency. In its August 1997 view, provide any additional insights or does not now incorporate requirements NPRM, the agency expressed its view of assistance in formulating a definition for sufficient to ensure the performance of the proper methodology for selecting target areas that are, in fact, ‘‘protected’’ dynamic systems in impacts other than target points that would be impacted at by a dynamic system. The agency direct side impacts. Depending on the lower speeds in vehicles with dynamic declined to adopt any definition of system design and the sensors systems. In addition to proposing that ‘‘protected’’ target points when it issued employed, a dynamic system may not target points located over undeployed the August 1998 final rule. As we even deploy in an oblique crash. systems be subject to lower impacts in explained at the time, we found a Furthermore, if the system were to the in-vehicle test portion of Option 3, practicable and comprehensive deploy, it may not ‘‘protect’’ a target the agency also discussed the agency’s definition of target points ‘‘covered’’ or point (and vehicle occupants) when efforts to derive a methodology for ‘‘protected’’ by a dynamic system to be struck at a 15 degree angle as it would determining target points ‘‘protected’’ elusive. We also noted that excluding when struck at a 90 degree angle. In by a deployed dynamic system. Since a ‘‘protected’’ target points may result in promulgating the final rule allowing deployed system could conceivably a target area being protected for one dynamic head protection systems, the shield occupants from those ‘‘protected’’ class or size of occupant and not for agency’s intent was to modify the target points, the agency said that it another. Another matter of concern for existing provisions of Standard No. 201 might be appropriate to allow these the agency was the fact that dynamic to allow the installation and use of those points, regardless of their proximity to systems may provide vastly different systems. In regards to benefits, costs, a stowed dynamic system, to be subject degrees of impact protection depending and performance, the agency focused on to lower impact speeds in the in-vehicle on the system configuration and design. what modifications needed to be made test. To that end, NHTSA discussed Based on these difficulties, as well as to Standard No. 201 to accommodate alternative means for attempting to our interest in expediting issuance of dynamically deployed systems and define which target points are the final rule, we decided not to alter what benefits, if any, could be shown if ‘‘protected.’’ While the methodology the definition of target points subject to such systems were allowed. suggested by Mercedes—using a lower impact speeds that was proposed This led to an examination of the perpendicular projection within the in the NPRM. principal obstacle posed by Standard perimeter of the outline of the inflated Mercedes suggests a definition of No. 201 to the use of dynamic systems— device—may be suitable for vehicles ‘‘protected’’ target points based on the potential for interference between using inflatable curtain systems, it has making a lateral projection of a reduced padding and other countermeasures limitations when applied to vehicles silhouette of an inflated system. All with a deploying dynamic system—and with other types of dynamically target points within the projection dynamic system performance in side deployed systems. For example, the would be presumed to be shielded by an impacts, particularly in side impacts BMW ITS covers a narrower portion of inflated system, and therefore pose a against a rigid pole. Using the data the window opening and B-pillar when
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However, as noted that Mercedes has not contended other than those perpendicular to the reflected by the comments received in that it cannot install other outline of the inflated system, response to the NPRM, a large number countermeasures on its adjustable belt particularly in the case of smaller or out of complex issues that would have had anchorage that would allow its vehicles of position occupants. While this to be resolved if Option 2 or a variant to comply. of Option 2 were to be employed. These limitation is particularly telling in the The Chrysler Petition for issues cannot be resolved quickly. example of the BMW ITS, it illustrates Reconsideration that the Mercedes methodology assumes Mercedes also urged the agency to that occupants and their heads will be adopt its suggested definition of Chrysler submitted a petition for moving along a plane perpendicular to ‘‘protected’’ target areas based on an reconsideration objecting to provisions the inflated system. While the agency example of the difficulties in attempting in S6.1 and S6.2, which state that a could adopt a particular methodology to meet certain requirements of manufacturer choosing one of the for determining which points are Standard No. 201. According to compliance test options must select, not protected and to limit its application to Mercedes, it currently places the D-Ring later than the time of certification, those types of systems for which it is of the B-Pillar belt anchorage which option it is using and may not, suitable, e.g., to inflatable curtain underneath the B-Pillar trim. In order to after selecting one test option, rely on a systems, the agency is mindful that meet the seat belt anchorage adjustment different test option to demonstrate manufacturers may choose any number requirements found in S7.1.2 of compliance. The company argues that of types and configurations of Standard No. 208, ‘‘Occupant Crash the regulatory text in the final rule dynamically deployed head protection Protection,’’ the D-Ring and anchorage contains new requirements concerning systems. We are concerned that were we move inside an open space underneath the selection of options and that the to adopt a methodology suitable for one the surface trim. According to Mercedes, omission of these new requirements system, but not suitable for others, we adding padding or other from the NPRM deprived Chrysler of an would potentially place ourselves in the countermeasures to meet the 24 km/h opportunity to comment. Chrysler further alleges that NHTSA, in position of having to modify Standard (15 mph) impact requirement now specifying that a manufacturer must No. 201 on a case-by-case basis. This applicable to this target area, BP2, irrevocably select one test option, has would add to the complexity of would make this design impracticable not considered the case in which a Standard No. 201 and would further and require the company to install ‘‘a manufacturer has elected to certify a strain agency resources. more aggressive adjustable belt anchorage,’’ i.e., one whose D-Ring is vehicle to both test options. Chrysler We are also concerned that if we were not covered by the B-Pillar trim. contends that if it chose to present to grant the Mercedes petition, we We are not convinced that this evidence of compliance with both test would not be in a position to assess the example supports the relief Mercedes options to the agency, NHTSA could not performance of an inflated dynamic seeks. As noted above, the August 1998 refuse to conduct an alternative test. In system in protecting occupants in any Final Rule modified Standard No. 201 to the company’s view, a failure to comply impact other than a side impact into a the extent needed to allow the under one test option cannot constitute rigid pole. As noted above, the August introduction of dynamic systems. The a noncompliance if the vehicle complies 1998 final rule was intended to allow B-Pillar belt anchorage design employed with another optional test. the installation of dynamically deployed by Mercedes may have particular In our August 1997 NPRM, we head protection systems based on our characteristics having safety proposed that manufacturers of vehicles conclusion that the safety benefits significance, but it is not a component equipped with dynamically deployed offered by those systems in a single that serves any function in either the head impact protection systems would crash mode were sufficient to outweigh storage, deployment or inflation of be able to demonstrate compliance with any safety losses associated with dynamic systems. Unlike those target Standard No. 201 through the use of one reducing the impact speed requirements locations now subject to reduced in- of three optional tests. In that proposal, for target points directly over an vehicle-test impact speeds, the use of the test options were set forth in S6.1 undeployed system. The Mercedes thicker padding or other and S6.2. These two sections differ only petition requests NHTSA to assume that countermeasures at this anchorage to the extent that S6.1 is applicable to all target points ‘‘protected’’ by a location would not prevent the vehicles manufactured after September deployed dynamic system will, when installation of a dynamic head 1, 1998 and before September 1, 2002, impacted, present a lesser threat of protection system. and S6.2 applies to vehicles injury than the same points would We also observe that the Mercedes manufactured after September 1, 2002. under the existing standard. The agency request that the B-Pillar belt anchorage Both sections proposed that vehicles does not believe that this assumption is target, BP2, be tested at 19 km/h (12 ‘‘shall conform, [to one of the proposed justifiable, particularly since a test for mph) in the undeployed test, is optional performance tests] at the gauging the performance of dynamic identical to its prior request in its manufacturer’s option with said option systems in protecting the head against comments on the NPRM. We note that, selected prior to, or at the time of, impacts with specific targets in the in repeating this request, Mercedes has certification of the vehicle.’’ vehicle interior has not yet been not submitted any new data or We did not receive any comments developed. While the agency proposed arguments to support the relief it seeks. objecting to the proposal that a test in the August 27, 1997 NPRM As we indicated when we adopted the manufacturers would have to select one which could be adapted for this August 1998 final rule, NHTSA is of the test options before or at the time purpose, that test, described in the concerned that an adequate definition of that it certifies the vehicle. As we noted agency proposal as Option 2, presented points ‘‘protected’’ by a dynamic system in our discussion in the final rule of many technical challenges. The Option would be difficult to develop. Moreover, situations involving multiple options,
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We also noted that the the company contends that if the meet the other and, accordingly, a regulatory text in the final rule differed manufacturer presents evidence of manufacturer would not be able to from that contained in the NPRM, as the compliance with both test options to the switch options. final rule clarified the requirement that agency, we could not refuse to conduct Thus, for the reasons stated above, manufacturers selecting a specific test both tests to determine compliance. The NHTSA adheres to its view that when option at the time of certification could company reasons that failure to comply a vehicle has been certified to one not later select a different test option to with one test option would be option, a failure to comply with the establish compliance. Accordingly, S6.1 immaterial if the vehicle complied with requirements of that option establishes and S6.2 of the regulatory text in the another option. not only that the vehicle has been final rule both provide that ‘‘The We disagree with Chrysler’s view. We falsely or improperly certified, but that manufacturer shall select the option by note that both the proposed rule and the it also fails to comply with the standard. the time it certifies the vehicle and may final rule explicitly state that a Of course, the manufacturer of such a not thereafter select a different option manufacturer may only choose one noncompliant vehicle may file a for the vehicle.’’ option in certifying a vehicle. While petition for an exemption from the Chrysler contends that the addition of nothing in the final rule prevents a recall requirements of the statute (49 language to the proposed rule indicating manufacturer from attempting to build U.S.C. 30118–30120) on the basis that that manufacturers may not later rely on vehicles that satisfy both options, we the noncompliance is inconsequential to a different test option constitutes a note that the primary reason for motor vehicle safety (see 49 U.S.C. significant departure from the regulatory allowing the pole test option was the 30118(d) and 30120(h) and 49 CFR Part text in the proposed rule. We believe assertion by several manufacturers that 556). However, we note that compliance that examination of the language in both it would be impossible for vehicles with test procedure options are offered for a the proposed rule and the final rule dynamically deployed head protection variety of reasons, and that vehicles or demonstrates that the proposal and the systems to meet the FMH test equipment meeting one test option may final rule are, for all practical purposes, requirements set out in the 1995 not provide the same safety benefits as identical. As proposed in the NPRM, amendments to the standard. those meeting another test option. See S6.1 and S6.2 indicated that vehicles Conversely, vehicles without the discussions of safety concerns (II. H) must conform to one of the proposed dynamically deployed head protection and other issues (II. I) in the August test options (emphasis added) and that systems cannot meet the requirements 1998 final rule. the selection of the test option must be of the vehicle-to-pole test. For The AAMA Petition for Reconsideration made prior to or at the time of certification purposes, the agency needs certification. The final rule substituted to know which single option the Section S8.27.4 of the August 1998 the phrase ‘‘the option’’ for the manufacturer has chosen. final rule provides both temperature and proposal’s directive that manufacturers In providing optional test procedures humidity specifications for the test must use ‘‘one of the following’’ test in this rule, the agency intended to dummy used in the side-to-pole test. options. In regard to time at which the facilitate the efforts of some AAMA submitted a petition for single option must be selected, the manufacturers to use new safety reconsideration requesting that NHTSA proposed versions of S6.1 and S6.2 technologies to protect the public. In consider eliminating the humidity indicated that the selection must be offering these test options, we did not specification for the vehicle-to-pole made ‘‘prior to, or at the time of,’’ intend to increase the agency’s test crash test option found in Standard No. certification while the final rule burden or, for that matter, those of the 201. The organization argued that this directed that the option must be manufacturers. Nor did we intend to provision, which specifies a humidity selected ‘‘by the time it [the allow manufacturers to escape the range at which the test dummy must be manufacturer] certifies the vehicle.’’ To consequences of their failure to comply maintained during the crash test, should further clarify the agency’s position with an intended compliance option by be eliminated due to the difficulty of regarding the use of a single test option getting a ‘‘second bite at the apple.’’ We controlling humidity in the for certification, S6.1 and S6.2 of the fail to see how expanding the test environment in which a full scale test final rule provided that manufacturers burdens of the agency would represent must take place. AAMA explained that ‘‘may not thereafter select a different a sensible allocation of public resources. it had overlooked this provision in its option for the vehicle.’’ Chrysler’s position also assumes that review of the NPRM and thus failed to The language of the proposed rule NHTSA has the authority to create test indicate in its comments that this specified two conditions: manufacturers options, but does not have the authority particular provision is impracticable. could choose only one test option when to establish reasonable limitations on The organization asked that we certifying a vehicle and manufacturers their use. The agency believes it to be reconsider our decision to include the must make this choice before or at the eminently reasonable to expect that humidity range provision in the option. time they certify their vehicle. Implicit certification be done responsibly and The organization submitted that it in the proposal was the irrevocability of accurately. Indeed, the Vehicle Safety would be difficult or impossible for that choice. The two proposed Act provides that a person may not manufacturers to maintain a specific conditions did not allow for the reliance issue a certificate if, exercising humidity range for the test dummy in on a second test option at any time. In reasonable care, the person has reason the large open spaces where full scale both instances, only one test option to know the certificate is false or crash testing is performed. AAMA noted could be relied upon for certification, misleading in a material respect. 15 that there is no humidity range and no allowance was made for U.S.C. 30115. Moreover, certification of requirement for similar crash tests in manufacturers to rely upon another test a vehicle to a particular test option Standard No. 208 and Standard No. 214. option after the vehicle was certified. creates certain expectations of We believe that AAMA’s objection is Chrysler also argues that we have performance in both the agency and well founded. The temperature and the failed to consider the case in which a among consumers. In any event, humidity ranges proposed in the NPRM
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.016 pfrm03 PsN: 14DER1 69670 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations and incorporated into the final rule to reflect the fact that dynamic systems a vehicle experiences an abrupt change were derived from the Hybrid III would not deploy at lower speeds where in velocity, the head of an occupant of dummy head/neck certification test they would be of doubtful utility. that vehicle experiences, during an procedure. This humidity range The agency’s goal in selecting a interior impact, a smaller change in specification is not incorporated into maximum impact speed for the vehicle- velocity. For example, when a vehicle other agency full scale crash tests using to-pole test was to assure that dynamic experiences a 20.1 km/h (13 mph) the Hybrid III dummy head and neck head protection systems would provide change in velocity, an occupant’s head because maintaining a specific humidity an appropriate level of benefits in side experiences a 16.1 km/h (10 mph) range in such testing is not practicable crashes. As packaging of these systems change in velocity. In the August 1995 and was inadvertently inserted in the limited the countermeasures that could final rule, the agency established a FMH August 1998 final rule. Accordingly, we be installed in areas directly over an impact speed—a head speed—of 24 km/ are removing the humidity range undeployed system, accommodating h (15 mph) as an appropriate impact requirement in S8.27.4. Of course, dynamic systems required that the FMH speed because that speed represented consistent with the agency’s impact speed for target points located in the point at which occupants experience longstanding interpretation that when a those areas be reduced. In order to moderate to serious (AIS 2 and AIS 3) standard is silent with respect to a ensure that dynamic head protection injuries. If a vehicle experiences a 24 particular test condition, vehicles must systems offered safety benefits that km/h (15 mph) change in velocity when be able to comply under all conditions exceeded the reduction in safety striking a rigid pole, an occupant will (except where the language or the represented by these reduced FMH experience a smaller change in head context of the standard indicates impact speeds, NHTSA specified that velocity of approximately 19.3 km/h (12 otherwise), vehicles must be able to they would have to satisfy the mph) in an interior impact. At this comply with the requirements of the applicable injury criteria in a 29 km/h speed, impact with an upper interior Standard at any humidity level. (18 mph) lateral crash of a vehicle into component would be likely to result in Therefore, while NHTSA does not a fixed, narrow object. moderate or no injury, i.e., AIS 2 or less. expect humidity to have a significant The impact speed requirement for the We have therefore concluded that impact on test results, the fact that a vehicle-to-pole test must be high enough setting a lower limit of 24 km/h (15 manufacturer has conducted a test at to ensure that a dynamic system offers mph) in the rigid pole test is sufficient one humidity level in which the demonstrable safety benefits. At the to ensure that dynamic head protection performance requirements are met will same time, testing at impact speeds systems offer safety benefits in relatively not necessarily be determinative if an below which a dynamic head protection severe crashes, while not agency-conducted test at another system would deploy or offer any inappropriately detracting from safety in humidity level indicates that a vehicle meaningful safety benefits would serve less severe impacts (i.e., those below 24 no purpose. does not comply. km/h (15 mph)). We have concluded that instead of The AIAM Petition for Reconsideration requiring compliance at all vehicle Conclusion AIAM submitted a petition for speeds up to 29 km/h (18 mph) in the For the reasons stated above, the reconsideration requesting that the vehicle-to-pole test, the agency should petitions for reconsideration submitted agency consider modifying the impact specify a range for this impact speed. by Mercedes and Chrysler are denied. speed specified in the final rule for the Accordingly, we are responding to the The petitions submitted by AAMA and AIAM petition for reconsideration by vehicle-to-pole test. This impact speed, AIAM are granted and Standard No. 201 amending the impact speed requirement which is set forth in S6.1(b)(3) and is amended accordingly. S6.2(b)(3), indicates that the vehicle currently found in S6.1(b)(3) and impact with the rigid pole shall take S6.2(b)(3) to specify that the vehicle III. Rulemaking Analyses and Notices place ‘‘at any velocity up to and must satisfy the injury criteria of 1000 A. Executive Order 12866 and DOT including 29 kilometers per hour (18 HIC in vehicle impacts with the rigid Regulatory Policies and Procedures mph).’’ AIAM argues that this pole at any velocity between 24 km/h requirement is unduly burdensome in (15 mph) and 29 km/h (18 mph). In NHTSA has considered the impact of that it requires testing at all potential specifying this range, the agency is this final rule under E.O. 12866 and the vehicle impact speeds of 29 km/h (18 continuing to ensure that dynamic head Department of Transportation’s mph) and below, including speeds protection systems offer meaningful regulatory policies and procedures. This below those where dynamic head safety benefits in relatively severe rule was not reviewed under E.O. protection systems are intended to crashes while simultaneously placing a 12866, ‘‘Regulatory Planning and deploy and that this burden is so great lower limit on the test impact speed that Review’’ and is not considered as to dissuade manufacturers from reduces test burdens and is consistent significant under the Department of introducing dynamic head protection with facilitating the introduction and Transportation’s regulatory policies and systems. AIAM suggested two use of dynamic systems. The 24 km/h procedures. alternative vehicle test speeds: 27 ± 1.6 (15 mph) lower limit is, in NHTSA’s The agency has not prepared a Final km/h (17 ± 1 mph), or any velocity view, appropriate for ensuring that Regulatory Evaluation describing the between 26 and 29 km/h (16–18 mph). dynamic systems will deploy and economic and other effects of this We agree that sections S6.1(b)(3) and provide safety benefits when they are rulemaking action as it believes that the S6.2(b)(3) of the August 1998 final rule needed. Use of the 24 km/h (15 mph) amendments in this final rule will require vehicles that are certified to the speed as a lower bound provides greater reduce costs and that this cost reduction vehicle-to-pole test to satisfy the assurance that dynamic systems will will be minimal. One effect of this performance requirements at any provide adequate protection in lower action is to eliminate a requirement that vehicle velocity up to and including 29 speed crashes. a test dummy be maintained at a km/h (18 mph). Upon further review, Research conducted prior to the specified humidity during a full scale NHTSA believes it is appropriate for the issuance of the August 1995 final rule crash test. The agency has doubts that agency to modify this impact speed establishing Standard No. 201’s head any vehicle manufacturer or test facility requirement to reduce test burdens and impact requirements revealed that when would, had this requirement remained
VerDate 29-OCT-99 16:49 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.XXX pfrm08 PsN: 14DER1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations 69671 in effect, actually have had the Other entities which qualify as small (NTTAA) (Pub. L. 104–113), ‘‘all Federal capability to meet the humidity businesses, small organizations and agencies and departments shall use requirements. We believe that governmental units will be affected by technical standards that are developed elimination of the requirement will not this rule to the extent that they purchase or adopted by voluntary consensus have a significant impact on costs as passenger cars and LTVs. They will not standards bodies, using such technical NHTSA believes that few, if any, be significantly affected, as the slight standards as a means to carry out policy manufacturers or test facilities actually potential cost reductions associated objectives or activities determined by attempted to meet the humidity with this action should not affect the the agencies and departments.’’ This requirement. Similarly, the agency also purchase price of new motor vehicles. action modifies requirements for a test believes that the reductions in cost procedure that does not currently have C. National Environmental Policy Act associated with the remaining change to any counterpart, in a final form, the standard, are also minimal. This NHTSA has analyzed this rulemaking promulgated or accepted by any action changes the required impact action for the purposes of the National voluntary consensus bodies. speed for a full scale crash test from a Environmental Policy Act. The agency H. Paperwork Reduction Act wide range—0 to 29 km/h—to a has determined that implementation of narrower range. While this change this action will not have any significant This rule does not contain any clearly reduces the range of speeds at impact on the quality of the human collection of information requirements which the test could be run, it is not environment. requiring review under the Paperwork Reduction Act of 1995 (Pub. L. 104–13). likely to change how this test would be D. Executive Order 13132 (Federalism) run. Manufacturers, and the agency and Unfunded Mandates Act List of Subjects in 49 CFR Part 571 itself, are most likely to run compliance tests at the speed or speeds which will The agency has analyzed this Imports, Motor vehicle safety, Motor most severely test a vehicle’s rulemaking action in accordance with vehicles, Rubber and rubber products, compliance with the standard. In fact, it the principles and criteria set forth in Tires. is most likely that manufacturers will Executive Order 13132. NHTSA has In consideration of the foregoing, 49 choose to test at or near the test speed determined that the amendment does CFR part 571 is amended to read as used by the agency in its own laboratory not have sufficient federalism follows: test procedure. The narrowing of the test implications to warrant application of PART 571Ð[AMENDED] speed set forth in the regulation itself, the requirements of section 6 of the is not likely to change this practice. Executive Order to this rule. 1. The authority citation for part 571 In issuing this final rule to simplify continues to read as follows: B. Regulatory Flexibility Act test procedures and requirements for the optional test procedures for dynamic Authority: 49 U.S.C. 322, 30111, 30115, NHTSA has also considered the head protections systems, the agency 30117, and 30166; delegation of authority at effects of this final rule under the notes, for the purposes of the Unfunded 49 CFR 1.50. Regulatory Flexibility Act. I hereby Mandates Act, that it is reducing or 2. Section 571.201 is amended by certify that it will not have a significant eliminating costs. As this rulemaking revising S6.1(b)(3), S6.2(b)(3), and economic impact on a substantial does not require manufacturers to meet S8.27.4 as follows: number of small entities. The new minimum performance amendments contained in this final rule * * * * * requirements, but modifies aspects of will simplify test procedures and reduce S6.1 Vehicles manufactured on or existing optional test procedures, it does test burdens and costs. Further, the after September 1, 1998 and before not impose new costs. amendments primarily affect passenger September 1, 2002. car and light truck manufacturers which E. Civil Justice Reform * * * * * (a) * * * are not small entities under 5 U.S.C. This amendment does not have any (b) * * * 605(b). The Small Business retroactive effect. Under 49 U.S.C. (3) Each vehicle shall, when equipped Administration’s regulations at 13 CFR 21403, whenever a Federal motor with a dummy test device specified in Part 121 define a small business, in part, vehicle safety standard is in effect, a Part 572, Subpart M, and tested as as a business entity ‘‘which operates State may not adopt or maintain a safety specified in S8.16 through S8.28, primarily within the United States.’’ (13 standard applicable to the same aspect comply with the requirements specified CFR 121.105(a)). The agency estimates of performance which is not identical to in S7 when crashed into a fixed, rigid that there are at most five small final the Federal standard, except to the pole of 254 mm in diameter, at any stage manufacturers of passenger cars in extent that the state requirement velocity between 24 kilometers per hour the U.S. and no small manufacturers of imposes a higher level of performance (15 mph) and 29 kilometers per hour (18 light trucks, producing a combined total and applies only to vehicles procured mph). of at most 500 cars each year. for the State’s use. 49 U.S.C. 21461 sets The primary effect of the final rule forth a procedure for judicial review of * * * * * will be on manufacturers of passenger final rules establishing, amending or S6.2 Vehicles manufactured on or cars and LTVs. If LTVs are produced revoking Federal motor vehicle safety after September 1, 2002. with these systems some time in the standards. That section does not require * * * * * future and provided as incomplete submission of a petition for (a) * * * vehicles to final stage manufacturers, reconsideration or other administrative (b) * * * which are generally small businesses, proceedings before parties may file suit (3) Each vehicle shall, when equipped these final stage manufacturers may in court. with a dummy test device specified in have to certify compliance. However, as Part 572, Subpart M, and tested as noted above, the amendments in this F. National Technology Transfer and specified in S8.16 through S8.28, final rule are limited to changes in test Advancement Act comply with the requirements specified procedures which should reduce test Under the National Technology in S7 when crashed into a fixed, rigid burdens and costs. Transfer and Advancement Act of 1995 pole of 254 mm in diameter, at any
VerDate 29-OCT-99 10:58 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\A14DE0.020 pfrm03 PsN: 14DER1 69672 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations velocity between 24 kilometers per hour implemented through the Tuna In another resolution in July 1999, the (15 mph) and 29 kilometers per hour (18 Conventions Act (16 U.S.C. 955). The IATTC recommended that action be mph). IATTC was established to provide an taken to limit the catch of bigeye tuna * * * * * international arrangement to ensure the in the purse seine fisheries to 40,000 mt S8.27 Anthropomorphic test effective international conservation and in 1999, with the limit to be dummy—vehicle to pole test. management of tunas and tuna-like implemented by prohibiting purse seine * * * * * fishes in the Eastern Pacific Ocean sets on all types of floating objects in the S8.27.4 The stabilized temperature of (EPO). The IATTC has maintained a Convention Area when this harvest the test dummy at the time of the side scientific research and fishery level is reached. The Department of impact test shall be at any temperature monitoring program for many years, and State has also approved this it annually assesses the status of stocks between 20.6 degrees C. and 22.2 recommendation. of tuna and the fisheries to determine degrees C. appropriate harvest limits or other The yellowfin quota is based on a * * * * * measures to prevent overexploitation of 1999 assessment of the condition of the Issued on December 6, 1999. the stocks and promote viable fisheries. stock of yellowfin harvested in the Rosalyn G. Millman, The Convention Area includes all CYRA. The assessment indicates that Acting Administrator. waters in the EPO within the area the yellowfin stock is healthy and is [FR Doc. 99–32132 Filed 12–13–99; 8:45 am] bounded by the mainland of the estimated to be able to sustain a fishery BILLING CODE 4910±59±P Americas, lines extending westward of 270,000 to 290,000 mt per year from the mainland of the Americas throughout EPO. The quota for the along the 40° N. lat. and 40° S. lat. CYRA is conservative relative to DEPARTMENT OF COMMERCE parallels, and 150° W. long. The IATTC estimated maximum sustainable yields. has designated a Commission Yellowfin The IATTC noted that the yield per National Oceanic and Atmospheric Regulatory Area (CYRA) in which the recruit (and ultimate sustainable Administration total catch of yellowfin tuna may be harvests) depends on the fishing limited. This consists of the waters in strategy employed, with larger fish (and 50 CFR Part 300 the Convention Area bounded by a line higher yield per recruit) for fishing RIN 0648±AN04 extending westward from the mainland associated with dolphin and smaller of North America along the 40° N. lat. [Docket No. 991207319±9319±01; I.D. fish (and lower yield per recruit) for parallel, and connecting the following fishing associated with floating objects. 111099B] coordinates: 40° N. lat., 125° W. long.; 20° N. lat., 125° W. long.; 20° N. lat., Classification International Fisheries; Pacific Tuna ° ° ° Fisheries; Harvest Quotas 120 W. long.; 5 N. lat., 120 W. long.; 5° N. lat., 110° W. long.; 10° S. lat., 110° This action is authorized by 50 CFR AGENCY: National Marine Fisheries W. long.; 10° S. lat., 90° W. long.; 30° part 300 subpart C. Service (NMFS), National Oceanic and S. lat., 90° W. long; and then eastward This final rule has been determined to Atmospheric Administration (NOAA), along the 30° S. lat. parallel to the coast be not significant for purposes of E.O. Commerce. of South America. 12866. At its annual meeting June 5–11, ACTION: 1999 quotas for yellowfin and The Assistant Administrator for 1999, the IATTC adopted a resolution bigeye tuna. Fisheries, NOAA finds for good cause dealing with yellowfin tuna under 5 U.S.C. 553(b)(B) that providing SUMMARY: conservation. This resolution set an NMFS announces the 1999 prior notice and an opportunity for quotas and associated purse seine and initial quota of 225,000 metric tons (mt) public coment on this action is baitboat fishery conservation measures for yellowfin tuna taken by purse seine unnecessary. The rule authorizing this for the eastern Pacific Ocean, consistent vessels in the CYRA. This quota could action provides for quotas agreed to by with recommendations by the Inter- be raised by up to three successive the IATTC and approved by the American Tropical Tuna Commission increments of 15,000 mt each if the Department of State to be effective upon (IATTC) and approved by the Director of IATTC concludes from Department of State under the terms of examination of available data that such direct notification of the U.S. tuna the Tuna Conventions Act. If these increases will pose no substantial fishing industry. Providing prior notice quotas are reached, subsequent danger to the stocks. This is consistent and an opportunity for public comment documents will be published with the practice of the IATTC over would serve no useful purpose. The announcing the dates on which the many years, and has historically been Assistant Administrator for Fisheries, fisheries will close and any associated supported by the United States. NOAA, finds, for good cause under 5 conservation measures to implement the At a subsequent meeting in October U.S.C. 553(d)(3), that a 30-day delay in quotas. 1999, the IATTC adopted a new effectiveness for these 1999 quotas resolution for implementing the 1999 would be contrary to the public interest. DATES: Effective December 14, 1999. yellowfin tuna quota. Under this Such a delay would prevent the quotas FOR FURTHER INFORMATION CONTACT: Mr. resolution, the quota is 265,000 mt. The from being in place before they are Svein Fougner, Assistant Regional directed baitboat and purse seine exceeded and the fisheries closed. Administrator, Sustainable Fisheries fisheries for yellowfin tuna would be Because prior notice and opportunity Division, Southwest Region, NMFS, closed when the quota is reached, for public comment are not required for 562–980–4040. except that the fisheries would be this rule by 5 U.S.C. 553, or any other SUPPLEMENTARY INFORMATION: The closed on December 2, 1999, even if the United States is a member of the IATTC, quota were not reached. This document law, the analytical requirements of the which was established under the confirms that this resolution has been Regulatory Flexibility Act, 5 U.S.C. 601 Convention for the Establishment of an approved by the Department of State as et seq., are inapplicable. Inter-American Tropical Tuna it is consistent with the resolution Authority: 16 U.S.C. 951-961 and 971 et Commission signed in 1949, and adopted in June 1999. seq.
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Dated: December 7, 1999. ACTION: Correction to final rule. Corrections Penelope D. Dalton, Assistant Administrator for Fisheries, SUMMARY: This document contains In rule FR Doc. 99–28294 published National Marine Fisheries Service. corrections to the final rule pertaining to on November 15, 1999 (64 FR 61964) [FR Doc. 99–32321 Filed 12–13–99; 8:45 am] Fisheries of the Exclusive Economic make the following corrections. BILLING CODE 3510±22±F Zone Off Alaska published in the § 679.5 [Corrected] Federal Register on November 15, 1999. DATES: Effective December 15, 1999. 1. On page 61972, in the second DEPARTMENT OF COMMERCE column, third line, correct paragraph FOR FURTHER INFORMATION CONTACT: (a)(l)(iii) by removing ‘‘§ 679.5(a) National Oceanic and Atmospheric Patsy A. Bearden; 907–586–7228. through (j)’’ and adding in its place Administration SUPPLEMENTARY INFORMATION: Need for ‘‘§ 679.5(a) through (k).’’ 50 CFR Part 679 Correction 2. On page 61974 in the second A final rule was published in the column, first line, correctly designate [Docket No. 981224323±9226±02; I.D. paragraph (a)(6)(v)(A)(2)(ii) as paragraph 120198B] Federal Register on November 15, 1999, revising several sections of regulations (a)(6)(v)(A)(2)(iii). RIN 0648±AL23 that pertain to permits, recordkeeping, 3. On page 61980 in the first column, and reporting requirements for Fisheries of the Exclusive Economic insert five stars below paragraph groundfish fisheries of the Exclusive (l)(5)(vi). Zone Off Alaska; Revisions to Economic Zone off Alaska. That Recordkeeping and Reporting document contained errors in General Dated: December 2, 1999. Requirements; Correction Requirements for Recordkeeping and Andrew A. Rosenberg, AGENCY: National Marine Fisheries Reporting. Deputy Asst. Administrator for Fisheries, Service (NMFS), National Oceanic and NMFS is correcting these errors and is National Marine Fisheries Service. Atmospheric Administration (NOAA), making no substantive change to the [FR Doc. 99–32088 Filed 12–13–99; 8:45 am] Commerce. document in question. BILLING CODE 3510±22±F
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Proposed Rules Federal Register Vol. 64, No. 239
Tuesday, December 14, 1999
This section of the FEDERAL REGISTER Industrie, 1 Rond Point Maurice 10277 (63 FR 1909, January 13, 1998), contains notices to the public of the proposed Bellonte, 31707 Blagnac Cedex, France. applicable to certain Airbus Model issuance of rules and regulations. The This information may be examined at A330 and A340 series airplanes, to purpose of these notices is to give interested the FAA, Transport Airplane require repetitive operational tests of the persons an opportunity to participate in the Directorate, 1601 Lind Avenue, SW., override mechanism of the trimmable rule making prior to the adoption of the final rules. Renton, Washington. horizontal stabilizer (THS) to determine FOR FURTHER INFORMATION CONTACT: if the system functions correctly, and Norman B. Martenson, Manager, corrective action, if necessary. That DEPARTMENT OF TRANSPORTATION International Branch, ANM–116, FAA, action was prompted by the issuance of Transport Airplane Directorate, 1601 mandatory continuing airworthiness Federal Aviation Administration Lind Avenue, SW., Renton, Washington information by a foreign civil 98055–4056; telephone (425) 227–2110; airworthiness authority. The 14 CFR Part 39 fax (425) 227–1149. requirements of that AD are intended to [Docket No. 99±NM±185±AD] SUPPLEMENTARY INFORMATION: prevent uncommanded movement of the trimmable horizontal stabilizer (THS) in RIN 2120±AA64 Comments Invited the event of a failure of the manual Interested persons are invited to Airworthiness Directives; Airbus Model override switch in the open position participate in the making of the A330 and A340 Series Airplanes and the THS control wheel blocked by proposed rule by submitting such either the pilot or a mechanical control AGENCY: Federal Aviation written data, views, or arguments as jam. Such uncommanded movement of Administration, DOT. they may desire. Communications shall the THS, if not corrected, could result ACTION: Notice of proposed rulemaking identify the Rules Docket number and in reduced controllability of the (NPRM). be submitted in triplicate to the address airplane. specified above. All communications SUMMARY: This document proposes the received on or before the closing date Actions Since Issuance of Previous Rule supersedure of an existing airworthiness for comments, specified above, will be In the preamble to AD 98–01–15, the directive (AD), applicable to certain considered before taking action on the FAA indicated that the actions required Airbus Model A330 and A340 series proposed rule. The proposals contained by that AD were considered ‘‘interim airplanes, that currently requires in this notice may be changed in light action’’ until final action was identified, repetitive operational tests of the of the comments received. at which time further rulemaking action override mechanism of the trimmable Comments are specifically invited on would be considered. The FAA now has horizontal stabilizer (THS) to determine the overall regulatory, economic, determined that further rulemaking if the system functions correctly; and environmental, and energy aspects of action is indeed necessary to require corrective action, if necessary. This the proposed rule. All comments replacement of certain Aerospatiale action would require replacement of submitted will be available, both before flight control primary computers (FCPC) existing flight control primary and after the closing date for comments, with improved Aerospatiale FCPC’s, computers (FCPC) with improved in the Rules Docket for examination by which would constitute terminating FCPC’s, which would terminate the interested persons. A report action for the repetitive operational tests repetitive operational tests. This summarizing each FAA-public contact of the override mechanism of the THS. proposal is prompted by the issuance of concerned with the substance of this This proposed AD follows from that mandatory continuing airworthiness proposal will be filed in the Rules determination and allows opportunity information by a foreign civil Docket. for public comment. airworthiness authority. The actions Commenters wishing the FAA to specified by this proposal are intended acknowledge receipt of their comments Explanation of Relevant Service to prevent uncommanded movement of submitted in response to this notice Information must submit a self-addressed, stamped the THS, which could result in reduced Airbus has issued Service Bulletin postcard on which the following controllability of the airplane. A330–27–3056, Revision 01, dated May statement is made: ‘‘Comments to DATES: Comments must be received by 5, 1998 (for Model A330 series Docket Number 99–NM–185–AD.’’ The January 13, 2000. airplanes), and Service Bulletin A340– postcard will be date stamped and ADDRESSES 27–4061, Revision 02, dated May 5, : Submit comments in returned to the commenter. triplicate to the Federal Aviation 1998 (for Model A340 series airplanes). Administration (FAA), Transport Availability of NPRMs These service bulletins provide Airplane Directorate, ANM–114, Any person may obtain a copy of this information on replacement of FCPC’s Attention: Rules Docket No. 99–NM– NPRM by submitting a request to the with improved FCPC’s of computer 185–AD, 1601 Lind Avenue, SW., FAA, Transport Airplane Directorate, standard L14 having a new part number. Renton, Washington 98055–4056. ANM–114, Attention: Rules Docket No. The service bulletins also provide Comments may be inspected at this 99–NM–185–AD, 1601 Lind Avenue, instructions on modification of FCPC’s location between 9 a.m. and 3 p.m., SW., Renton, Washington 98055–4056. to the new standard by replacement or Monday through Friday, except Federal reprogramming of the FCPC on-board holidays. Discussion replacement modules (OBRM), and The service information referenced in On December 31, 1997, the FAA subsequent change of the FCPC part this AD may be obtained from Airbus issued AD 98–01–15, amendment 39– number to the new part number. The
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´ ´ Direction Generale de l’Aviation Civile Differences Between Proposed Rule and proposal would not have sufficient (DGAC), which is the airworthiness Foreign AD federalism implications to warrant the authority for France, classified these The proposed AD would differ from preparation of a Federalism Assessment. service bulletins as mandatory and the parallel French airworthiness For the reasons discussed above, I issued French airworthiness directives directive in that the proposed AD would certify that this proposed regulation (1) 98–124–069(B) and 98–126–085(B), both not require replacement of the flight is not a ‘‘significant regulatory action’’ dated March 11, 1998, in order to ensure control secondary computers. The under Executive Order 12866; (2) is not the continued airworthiness of these DGAC does require such replacement; a ‘‘significant rule’’ under the DOT airplanes in France. however, that action addresses a Regulatory Policies and Procedures (44 Airbus has developed production different unsafe condition from that FR 11034, February 26, 1979); and (3) if identified in this proposed AD. The promulgated, will not have a significant modification 45631 (for Model A330 FAA will address this different unsafe economic impact, positive or negative, series airplanes) and production condition in separate action, as on a substantial number of small entities modification 45485 (for Model A340 necessary. under the criteria of the Regulatory series airplanes). These modifications Flexibility Act. A copy of the draft Cost Impact involve the installation of improved regulatory evaluation prepared for this FCPC’s on these airplanes during None of the airplanes affected by this action is contained in the Rules Docket. production, which would eliminate the action are on the U.S. Register. All A copy of it may be obtained by need for the repetitive operational tests airplanes included in the applicability contacting the Rules Docket at the of the override mechanism of the THS. of this rule currently are operated by location provided under the caption non-U.S. operators under foreign ADDRESSES. FAA’s Conclusions registry; therefore, they are not directly List of Subjects in 14 CFR Part 39 These airplane models are affected by this AD action. However, the manufactured in France and are type FAA considers that this rule is Air transportation, Aircraft, Aviation necessary to ensure that the unsafe certificated for operation in the United safety, Safety. condition is addressed in the event that States under the provisions of § 21.29 of any of these subject airplanes are The Proposed Amendment the Federal Aviation Regulations (14 imported and placed on the U.S. Accordingly, pursuant to the CFR 21.29) and the applicable bilateral Register in the future. airworthiness agreement. Pursuant to Should an affected airplane be authority delegated to me by the this bilateral airworthiness agreement, imported and placed on the U.S. Administrator, the Federal Aviation the DGAC has kept the FAA informed Register in the future, it would require Administration proposes to amend part of the situation described above. The approximately 1 work hour to 39 of the Federal Aviation Regulations FAA has examined the findings of the accomplish the operational test required (14 CFR part 39) as follows: DGAC, reviewed all available by AD 98–01–15, and retained in this PART 39ÐAIRWORTHINESS information, and determined that AD proposed AD, at an average labor rate of DIRECTIVES action is necessary for products of this $60 per work hour. Based on these type design that are certificated for figures, the cost impact of the 1. The authority citation for part 39 operation in the United States. operational test on U.S. operators is continues to read as follows: estimated to be $60 per airplane, per test Explanation of Requirements of cycle. Authority: 49 U.S.C. 106(g), 40113, 44701. Proposed Rule It would require approximately 2 work hours to accomplish the FCPC § 39.13 [Amended] Since an unsafe condition has been replacements (or 9 work hours if the 2. Section 39.13 is amended by identified that is likely to exist or FCPC on-board replacement modules removing amendment 39–10277 (63 FR develop on other airplanes of the same have been replaced or reprogrammed), 1909, January 13, 1998), and by adding type design registered in the United at an average labor rate of $60 per work a new airworthiness directive (AD), to States, the proposed AD would hour. Required parts would be provided read as follows: supersede AD 98–01–15 to continue to to the operator at no charge. Based on Airbus Industrie: Docket 99–NM–185–AD. require repetitive operational tests of the these figures, the cost impact of the Supersedes AD 98–01–15, Amendment override mechanism of the trimmable FCPC replacements proposed by this AD 39–10277. horizontal stabilizer (THS) to determine on U.S. operators would be $120 or Applicability: The following airplanes, if the system functions correctly; and $540 per airplane. certificated in any category, equipped with corrective action, if necessary. The Accomplishment of the FCPC Aerospatiale Flight Control Primary proposed AD would add a new replacements proposed by this AD Computer (FCPC), part number (P/N) requirement for replacement of all would allow operators to terminate the LA2K01500190000: FCPC’s with improved FCPC’s, which repetitive operational tests required by would constitute terminating action for AD 98–01–15, thereby offsetting the cost • of the actions proposed by this AD. Model A330–301, –321, –322, –341, the repetitive operational tests of the and –342 series airplanes; excluding override mechanism of the THS Regulatory Impact those on which Aerospatiale FCPC’s, P/ described previously. The replacement The regulations proposed herein N LA2K01500210000 (Airbus would be required to be accomplished would not have substantial direct effects Modification 45631), have been in accordance with Airbus Service on the States, on the relationship installed. Bulletin A330–27–3056, Revision 01, between the national government and • Model A340–211, –212, –213, –311, dated May 5, 1998 (for Model A330 the States, or on the distribution of –312, and –313 series airplanes; series airplanes), and Airbus Service power and responsibilities among the excluding those on which Aerospatiale Bulletin A340–27–4061, Revision 02, various levels of government. Therefore, FCPC’s, P/N LA2K01500210000 (Airbus dated May 5, 1998, described in accordance with Executive Order Modification 45485), have been previously. 12612, it is determined that this installed.
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Note 1: This AD applies to each airplane Spares National Flood Insurance Program identified in the preceding applicability (c) As of the effective date of this AD, no (NFIP). provision, regardless of whether it has been person shall install on any airplane an FCPC, DATES: The comment period is ninety otherwise modified, altered, or repaired in P/N LA2K01500190000. the area subject to the requirements of this (90) days following the second AD. For airplanes that have been modified, Alternative Methods of Compliance publication of this proposed rule in a altered, or repaired so that the performance (d) An alternative method of compliance or newspaper of local circulation in each of the requirements of this AD is affected, the adjustment of the compliance time that community. owner/operator must request approval for an provides an acceptable level of safety may be ADDRESSES: The proposed base flood alternative method of compliance in used if approved by the Manager, elevations for each community are accordance with paragraph (d) of this AD. International Branch, ANM–116, FAA, available for inspection at the office of The request should include an assessment of Transport Airplane Directorate. Operators the effect of the modification, alteration, or the Chief Executive Officer of each shall submit their requests through an community. The respective addresses repair on the unsafe condition addressed by appropriate FAA Principal Operations this AD; and, if the unsafe condition has not Inspector or Principal Avionics Inspector or are listed in the following table. been eliminated, the request should include Principal Maintenance Inspector, who may FOR FURTHER INFORMATION CONTACT: specific proposed actions to address it. add comments and then send it to the Matthew B. Miller, P.E., Chief, Hazards Compliance: Required as indicated, unless Manager, International Branch, ANM–116. Study Branch, Mitigation Directorate, accomplished previously. Note 2: Information concerning the 500 C Street SW., Washington, DC To prevent uncommanded movement of existence of approved alternative methods of 20472, (202) 646–3461, or (e-mail) the trimmable horizontal stabilizer (THS), compliance with this AD, if any, may be [email protected]. which could result in reduced controllability obtained from the International Branch, of the airplane, accomplish the following: SUPPLEMENTARY INFORMATION: The ANM–116. Federal Emergency Management Agency Restatement of Requirements of Special Flight Permits proposes to make determinations of base AD 98–01–15 (e) Special flight permits may be issued in flood elevations and modified base (a) Within 500 flight hours after January 28, accordance with §§ 21.197 and 21.199 of the flood elevations for each community 1998 (the effective date of AD 98–01–15, Federal Aviation Regulations (14 CFR 21.197 listed below, in accordance with Section amendment 39–10277), perform an and 21.199) to operate the airplane to a operational test of the THS override 110 of the Flood Disaster Protection Act location where the requirements of this AD of 1973, 42 U.S.C. 4104, and 44 CFR mechanism to determine if the override can be accomplished. system functions correctly, in accordance 67.4(a). with paragraph (a)(1) or (a)(2) of this AD, as Note 3: The subject of this AD is addressed These proposed base flood and applicable. Repeat the operational test in French airworthiness directives 98–124– modified base flood elevations, together thereafter at intervals not to exceed 500 flight 069(B) (for Model A330 series airplanes) and with the floodplain management criteria hours. 98–126–085(B) (for Model A340 series airplanes), both dated March 11, 1998. required by 44 CFR 60.3, are the (1) For Model A330 series airplanes: minimum that are required. They Issued in Renton, Washington, on Perform the test in accordance with Airbus should not be construed to mean that Service Bulletin A330–27–3051, dated December 8, 1999. the community must change any February 13, 1997; and, prior to further flight, D.L. Riggin, repair any discrepancy in accordance with existing ordinances that are more Acting Manager, Transport Airplane stringent in their floodplain this service bulletin. Directorate, Aircraft Certification Service. (2) For Model A340 series airplanes: management requirements. The Perform the test in accordance with Airbus [FR Doc. 99–32370 Filed 12–13–99; 8:45 am] community may at any time enact Service Bulletin A340–27–4058, dated BILLING CODE 4910±13±U stricter requirements of its own, or February 13, 1997; and, prior to further flight, pursuant to policies established by other repair any discrepancy in accordance with Federal, State, or regional entities. this service bulletin. FEDERAL EMERGENCY These proposed elevations are used to New Requirements of This AD MANAGEMENT AGENCY meet the floodplain management (b) Within 15 months after the effective requirements of the NFIP and are also date of this AD, accomplish the actions 44 CFR Part 67 used to calculate the appropriate flood specified by either paragraph (b)(1) or [Docket No. FEMA±7306] insurance premium rates for new paragraph (b)(2) of this AD, in accordance buildings built after these elevations are with Airbus Service Bulletin A330–27–3056, Proposed Flood Elevation made final, and for the contents in these Revision 01, dated May 5, 1998 (for Model Determinations buildings. A330 series airplanes), or Service Bulletin A340–27–4061, Revision 02, dated May 5, AGENCY: Federal Emergency National Environmental Policy Act 1998 (for Model A340 series airplanes); as Management Agency (FEMA). This proposed rule is categorically applicable. (1) Replace three Flight Control Primary ACTION: Proposed rule. excluded from the requirements of 44 Computers (FCPC) (2CE1, 2CE2, and 2CE3), CFR Part 10, Environmental P/N LA2K01500190000, with new FCPCs, P/ SUMMARY: Technical information or Consideration. No environmental N LA2K01500210000; in accordance with the comments are requested on the impact assessment has been prepared. applicable service bulletin. Such replacement proposed base (1% annual chance) flood constitutes terminating action for the elevations and proposed base flood Regulatory Flexibility Act requirements of paragraph (a) of this AD. elevation modifications for the The Associate Director for Mitigation (2) Replace the on-board replaceable communities listed below. The base certifies that this proposed rule is module (OBRM) of the three FCPCs (2CE1, flood elevations and modified base exempt from the requirements of the 2CE2, and 2CE3), P/N LA2K01500190000, flood elevations are the basis for the Regulatory Flexibility Act because with OBRMs that have been modified by converting FCPC P/N’s to LA2K01500210000 floodplain management measures that proposed or modified base flood in accordance with the applicable service the community is required either to elevations are required by the Flood bulletin. Such replacement constitutes adopt or to show evidence of being Disaster Protection Act of 1973, 42 terminating action for the requirements of already in effect in order to qualify or U.S.C. 4104, and are required to paragraph (a) of this AD. remain qualified for participation in the establish and maintain community
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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified
Colorado ...... Summit County Blue River Middle Branch Just downstream of County Road 3 ...... None *9,341 (Unincorporated Areas). Approximately 1,160 feet upstream of None *9,351 County Road 3. Cucumber Gulch ...... Approximately 60 feet upstream of Airport None *9,469 Road. Approximately 2,030 feet upstream of Air- None *9,548 port Road. Illinois Gulch...... Approximately 3,925 feet upstream of None *9,743 confluence with Blue River. Approximately 475 feet upstream of Rob- None *9,893 bers Nest Road. Maps are available for inspection at Summit County GIS, Planning and Engineering Department, P.O. Box 5660, Frisco, Colorado. Send comments to The Honorable Tom Long, Chairperson, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, Colorado, 80424.
Iowa ...... Polk County (Unin- Beaver Creek...... At mouth (approximately 3,950 feet *805 *805 corporated downstream from Northwest Beaver Areas). Drive). Approximately 950 feet, downstream from *805 *805 Northwest Beaver Drive. Approximately 5,650 feet, upstream of None *810 Northwest Beaver Drive. Maps are available for inspection at Planning Division, 5895 NE 14th Street, Des Moines, Iowa. Send comments to The Honorable Tom Baker, Chairperson, Polk County Board of Supervisors, 111 Court Avenue, Room 300 Des Moines, Iowa 50309.
Kansas ...... Holton (City) (Jack- Banner Creek ...... At Union Pacific Railroad ...... *1,020 *1,017 son County). At ``P'' Road ...... *1,041 *1,035 Maps are available for inspection at City Hall, 430 Pennsylvania Avenue, Holton, Kansas. Send comments to The Honorable Janet Zwonitzer, Mayor, City of Holton, 430 Pennsylvania Avenue, Holton, Kansas 66436.
Kansas ...... Jackson County Banner Creek ...... At confluence with Elk Creek ...... *1,003 *1,002 (Unincorporated Areas). At ``M'' Road ...... *1,091 *1,092 Maps are available for inspection at the Planning and Zoning Office, 500 Illinois Avenue, Holton, Kansas. Send comments to The Honorable John Graw, Chairperson, Jackson County Board of Commissioners, 400 New York Avenue, Holton, Kan- sas 66436.
Kansas ...... Reno County and Arkansas River ...... Just downstream of State Route 50 ...... None *1,517 Incorporated Areas. Just downstream of Union Pacific Rail- None *1,523 road. Unnamed Tributary to Just upstream of U.S. Highway 50 ...... None *1,519 Sand Creek. Just downstream of Main Street ...... None *1,531
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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps are available for inspection at the Public Works Department, 206 W. 1st Avenue, Hutchinson, Kansas. Send comments to The Honorable Ed Williams, Chairperson, Reno County Board of Commissioners, 206 W. 1st Avenue, Hutchinson, Kan- sas 67501. Maps are available for inspection at City Hall, 2 South Main, South Hutchinson, Kansas. Send comments to The Honorable Ron Hirst, Mayor, City of South Hutchinson, 2 South Main, South Hutchinson, Kansas 67505. Maps are available for inspection at the Planning Department, 125 E. Avenue B, Hutchinson, Kansas. Send comments to The Honorable Jeffrey A. Roberts, Mayor, City of Hutchinson, P.O. Box 1567, Hutchinson, Kansas 67504.
Oklahoma ...... Roger Mills County White Shield Creek Tribu- At confluence with White Shield Creek .... None *1,737 and Incorporated tary ``B''. Areas. Approximately 150 feet upstream of None *1,778 Steele Street. At State Route 34 ...... None *1,702 Approximately 50 feet upstream from None *1,754 Steele Street. At confluence with Sergeant Major Creek None *1,938 Approximately 884 feet upstream from None *1,977 U.S. Highway 283 (Main Street). At confluence with Sergeant Major Creek None *1,941 Approximately 8,400 feet upstream of None *1,985 confluence with Sergeant Major Creek. At confluence with Washita River ...... None *1,923 Approximately 8,600 feet upstream from None *1,974 confluence with Dry Creek. At State Route 34 ...... None *1,703 Approximately 16,800 feet upstream from None *1,949 its confluence with Sergeant Major Creek. Maps are available for inspection at the County Courthouse, LLmales and Broadway Avenue, Cheyenne, OK. Send comments to The Honorable Jerry Dean, Chairman, Board of Commissioners, P.O. Box 708, Cheyenne, OK 73628. Maps are available for inspection at the City Hall, 714 Main Street, Hammon, OK. Send comments to The Honorable Rita Dodd, Mayor, City of Hammon, P.O. Box 218, Hammon, OK 73650. Maps are available for inspection at City Hall, 317 N. Broadway, Cheyenne, OK.
Send comments to The Honor- able Glenna Hall, Mayor, City of Chey- enne, P.O. Box 10, Cheyenne, OK 73628. Texas ...... Tarrant County and Stream SB±1 ...... At confluence with Sulpher Branch ...... *518 *520 Incorporated Areas. At Parkwood Drive ...... *604 *603 Sulpher Branch ...... At confluence with Walker Branch ...... *478 *480 Approximately 1,500 feet upstream of *605 *606 Spring Lake Drive. Clear Fork Trinity River .... At its confluence with the West Fork Trin- *537 *536 ity River. Just downstream from the Benbrook Lake *None *631 Dam. West Fork Trinity River ..... Approximately 16,000 feet downstream None *455 from the Union Pacific Railroad. Approximately 11,000 feet downstream *571 *569 from the Lake Worth Dam. At the Lake Worth Dam ...... *600 *600
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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps are available for inspection at the Engineering Department, 100 East Weatherford, Fort Worth, Texas. Send comments to The Honorable Tom Vandergriff, Tarrant County Judge, 100 East Weatherford, Fort Worth, Texas 76196. Maps are available for inspection at City Hall, 101 West Abram, Arlington, Texas. Send comments to The Honorable Elzie Odom, Mayor, City of Arlington, 1019 Bryon Lane, Arlington, Texas 76012. Maps are available for inspection at the Service Center, 1813 Reliance Parkway, Bedford, Texas. Send comments to The Honorable Susan Thorpe, City Manager, City of Bedford, P.O. Box 157, Bedford, Texas 76021. Maps are available for inspection at City Hall, 911 Winscott Road, Benbrook, Texas. Send comments to The Honorable Gary Conklin, City Manager, City of Benbrook, P.O. Box 26569, Benbrook, Texas 77401. Maps are available for inspection at the Engineering Department, City Hall, Building C, 201 North Ector Drive, Euless, Texas. Send comments to The Honorable Joe Hennig, City Manager, City of Euless, 201 North Ector Drive, Euless Texas 76039. Maps are available for inspection at the Engineering Department, 1000 Throckmorton, Fort Worth, Texas. Send comments to The Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. Maps are available for inspection at City Hall, 5024 Broadway Avenue, Halton City, Texas. Send comments to The Honorable Nancy Watkins, Mayor, City of Halton, P.O. Box 14246, Halton City, Texas 76117. Maps are available for inspection at the Hurst Municipal Complex, 1505 Precinct Line Road, Hurst, Texas. Send comments to The Honorable Allan Weegar, Mayor, City of Hurst, 1505 Precinct Line Road, Hurst, Texas 76054. Maps are available for inspection at City Hall, 4900 River Oaks Boulevard, Fort Worth, Texas. Send comments to The Honorable Jack Adkinson, Mayor, City of River Oaks, 4900 River Oaks Boulevard, Fort Worth, Texas 76114. Maps are available for inspection at City Hall, 311 Burton Hill Road, Fort Worth, Texas. Send comments to The Honorable Jim Parnell, Mayor, Westworth Village, 311 Burton Hill Road, Fort Worth, Texas 76114.
Washington ...... King County and Middle Fork Snoqualmie At confluence with the North Fork *430 *426 Incorporated River. Snoqualmie River. Areas. Approximately 47.0 miles from confluence *473 *472 with the North Fork Snoqualmie River. At Southeast Mount S. Road ...... *482 *482 North Fork Snoqualmie At confluence with the Snoqualmie River *427 *426 River. Approximately .4 mile upstream of 428th *428 *426 Avenue SE. Approximately 2.5 miles upstream from *482 *482 confluence with the Snoqualmie River. Middle Fork Overflow 1.... At confluence with Middle Fork None *430 Snoqualmie River. At divergence from Middle Fork None *449 Snoqualmie River. Middle Fork Overflow 2.... At confluence with South Fork None *431 Snoqualmie River. At divergence from Overflow 1 ...... None *442 Middle Fork Overflow 3 .... At confluence with Overflow 4 ...... None *440 At divergence from Middle Fork None *456 Snoqualmie River. Middle Fork Overflow 4.... At confluence with South Fork None *436 Snoqualmie River. At divergence from Middle Fork None *455 Snoqualmie River. South Fork Snoqualmie At its confluence with the Snoqualmie None *426 River. River. Approximately 6,500 feet upstream of 426/None/ *426/426/ confluence with the Snoqualmie River. 424 1 426 1 Approximately 2,375 feet upstream from None/None/ *542/543/ the Snoqualmie Valley Trail. None 543 1 Approximately 3,875 feet upstream from None *613 468th Avenue SE. Tolt River ...... At its confluence with the Snoqualmie None *72 River. Approximately 300 feet downstream from None *89/90/90 1 the Snoqualmie River Trail. Approximately 6,300 feet upstream of *128 *124/124/ Snoqualmie River Trail. 124 1 Approximately 26,100 feet (5 miles) up- *250 *258 stream of the Snoqualmie River Trail. Approximately 211 feet downstream of *423 *423 Meadowbrook Avenue.
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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified
Approximately 1,214 feet Upstream of the *424 *425 Burlington Northern Railroad. At confluence of North Fork Snoqualmie *427 *426 River and South Fork Snoqualmie River. Maps are available for inspection at the Planning Department 8020 Railroad Avenue SE, Snoqualmie, Washington. Send comments to The Honorable R. Fuzzy Fletcher, Mayor, City of Snoqualmie, 8020 Railroad Avenue SE, Snoqualmie, Washington 98065. Maps are available for inspection at the Building Services Division, Department of Development and Environmental Sciences, 900 Oaksdale Avenue SW, Renton, Washington. Send comments to The Honorable Ron Simms, King County Executive, 400 King County Courthouse, 516 3rd Avenue, Seattle, Washington 98104. Maps are available for inspection at the Planning Department, 4621 Tolt Avenue, Carnation, Washington. Send comments to The Honorable Dave Hunter, Mayor, City of Carnation, 4621 Tolt Avenue, Carnation, Washington 98014. Maps are available for inspection at the Community Development Department, 126 East 4th Street, North Bend, Washington. Send comments to The Honorable Joan Simpson, Mayor, City of North Bend, 211 Main Avenue N., North Bend, Washington 98045.
1 With levees/without right levee/without left levee.
(Catalog of Federal Domestic Assistance No. Dated: November 30, 1999. 83.100, ‘‘Flood Insurance.’’) Michael J. Armstrong, Associate Director for Mitigation. [FR Doc. 99–32360 Filed 12–13–99; 8:45 am] BILLING CODE 6718±04±P
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Notices Federal Register Vol. 64, No. 239
Tuesday, December 14, 1999
This section of the FEDERAL REGISTER requirement set forth in Title 5 U.S. SUMMARY: In accordance with the contains documents other than rules or Code, section 552b(c)(9)(B), and that the Federal Advisory Committee Act, 5 proposed rules that are applicable to the public interest requires that such U.S.C. App. 2, the Office of the Chief public. Notices of hearings and investigations, portions of the meeting be closed to Economist (OCE) announces a meeting committee meetings, agency decisions and public participation. of the Advisory Committee on Small rulings, delegations of authority, filing of The portion of the meeting dealing petitions and applications and agency Farms. statements of organization and functions are with the structure of future Joint Board FOR FURTHER INFORMATION CONTACT: examples of documents appearing in this examinations will be open to the public Alfonzo Drain, Acting Deputy Director section. as space is available. This portion of the of Small Farms, Office of the Chief meeting will commence at 1:30 p.m. on Economist, U.S. Department of January 6 and will continue for as long Agriculture, Room 112–A, Jamie L. JOINT BOARD FOR THE as necessary to complete the discussion, Whitten Building, 1400 Independence ENROLLMENT OF ACTUARIES but not beyond 3:00 p.m. Time Avenue SW., Washington, DC 20250– permitting, after the close of this 3810. Telephone: 202–720–3238, Fax: Meeting of Advisory Committee on discussion by Committee members, 202–720–0443, or e-mail: Actuarial Examinations; Meeting interested persons may make statements [email protected]. germane to this subject. Persons wishing SUPPLEMENTARY INFORMATION: The AGENCY: Joint Board for the Enrollment to make oral statements should must of Actuaries. USDA’s Advisory Committee on Small notify the Committee Management Farms, consisting of 19 members, ACTION: Notice of Federal advisory Officer in writing prior to the meeting representing small farms, ranches, and committee meeting. in order to aid in scheduling the time woodlot owners and the diverse groups available and must submit the written SUMMARY: The Committee Management USDA programs serve, has scheduled a text, or at a minimum, an outline of Officer of the Joint Board for the meeting for January 19–20, 2000. The comments they propose to make orally. Enrollment of Actuaries gives notice of Committee meeting will be held 8:30 Such comments will be limited to 10 a partially closed meeting of the a.m.–5 p.m. on Wednesday, January 19 minutes in length. All other persons Advisory Committee on Actuarial and 8:30 a.m.–4 p.m. on Thursday, planning to attend the public session Examinations. January 20, 2000. During this time the must also notify the Committee Advisory Committee will: (1) Meet with DATES: Thursday, January 6 and Friday, Management Officer in writing to obtain 7, 2000, from 8:30 to 5:00 each day. USDA officials; (2) review its charter building entry. Notifications of intent to and outline Committee objectives; (3) ADDRESSES: Conference room, Suite make an oral statement or to attend organize working sub-committees; and 4600E, East Tower, Franklin Court must be faxed, no later than December (4) elect vice-chairs for the Committee. Building, 1099 14th Street, N.W. (corner 30, 1999, to 202–694–1876, Attn: of 14th and L Streets), Washington, DC. Dates and Locations: Committee Management Officer. January 19—8:30 a.m. to 5 p.m., FOR FURTHER INFORMATION CONTACT: Any interested person also may file a Advisory Committee General Patrick W. McDonough, Committee written statement for consideration by Meeting, Jamie L. Whitten Federal Management Officer, 202–694–1854. the Joint Board and the Committee by Building, Room 104–A, 1400 SUPPLEMENTARY INFORMATION: The sending it to the Committee Jefferson Drive, SW, Washington, purpose of the meeting is to discuss Management Officer: Joint Board for the DC. topics and questions that may be Enrollment of Actuaries, c/o Internal January 20—8:30 a.m. to 4 p.m.., recommended for inclusion on future Revenue Service, Attn: Committee Advisory Committee General Joint Board examinations in actuarial Management Officer C:AP:P, 1111 Meeting, Jamie L. Whitten Federal mathematics and methodology referred Constitution Avenue, N.W., Building, Room 104–A, 1400 to in Title 29 U.S. Code, section Washington, DC 20224. Jefferson Drive, SW, Washington, 1242(a)(1)(B), and to review the Dated: December 9, 1999. DC. November 1999 Joint Board examination Patrick W. McDonough, January 20—10 a.m. to 12 p.m., in order to make recommendations Advisory Committee Management Officer, general public will have relative thereto, including the minimum Joint Board for the Enrollment of Actuaries. opportunity to provide oral and acceptable score. In addition, a number [FR Doc. 99–32402 Filed 12–13–99; 8:45 am] written comments to the Committee of issues will be discussed relative to BILLING CODE 4830±01±U in Room 104–A, 1400 Jefferson the structure of future Joint Board Drive, SW, Washington, D.C. In examinations. general, each individual or group A determination as required by DEPARTMENT OF AGRICULTURE making an oral presentation will be section 10(d) of the Federal Advisory limited to a total time of ten Committee Act (Public Law 92–463) has Office of the Chief Economist minutes. been made that the portions of the Type of Meeting: Open to the public. meeting dealing with discussions of Notice of the Advisory Committee on Comments: The public may file questions that may appear on future Small Farms Meeting written comments to the USDA Joint Board examinations and with AGENCY: Office of the Chief Economist, Advisory Committee contact person review of the November 1999 Joint USDA. before or within a reasonable time after Board examination fall within the the meeting. All statements will become ACTION: Notice of meeting. exception to the open meeting a part of the official records of the
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USDA Advisory Committee on Small regulations restricting the importation of The regulations restrict the Farms and will be kept on file for public poultry products into the United States. importation of poultry meat and other review in the office of the Acting DATES: Comments on this notice must be poultry products from regions of the Deputy Director of Small Farms, Room received by February 14, 2000, to be world where exotic Newcastle disease 1410 South Building, U.S. Department assured of consideration. (END) is known to exist. of Agriculture, Washington, DC 20250. ADDRESSES: We invite you to comment Among other things, the regulations Dated: December 8, 1999. regarding the accuracy of burden provide for the importation of poultry Keith Collins, estimate, ways to minimize the burden carcasses, and parts and products of poultry carcasses, that originate in a Chief Economist, Office of the Chief (such as through the use of automated Economist. collection techniques or other forms of region free of END but are processed in a region where END exists. These [FR Doc. 99–32364 Filed 12–13–99; 8:45 am] information technology), or any other carcasses, and parts and products of BILLING CODE 3410±02±M aspect of this collection of information. Please send your comment and three carcasses, are not required to meet the copies to: Docket No. 99–089–1, more stringent requirements imposed on DEPARTMENT OF AGRICULTURE Regulatory Analysis and Development, products that originate in regions where PPD, APHIS, Suite 3C03, 4700 River END exists, provided they are processed Agricultural Research Service Road Unit 118, Riverdale, MD 20737– and shipped under specified conditions. 1238. These conditions include four Notice of Federal Invention Available Please state that your comment refers information collection activities: a for Licensing and Intent To Grant to Docket No. 99–089–1. certificate of origin that must be issued, Exclusive License; Correction Notice You may read any comments that we serial numbers that must be recorded, records that must be maintained, and AGENCY: receive on this docket in our comment Agricultural Research Service, cooperative service agreements that USDA. reading room. The reading room is located in room 1141 of the USDA must be signed. These information ACTION: Correction to notice of South Building, 14th Street and collection activities support our efforts availability and intent to grant exclusive Independence Avenue, SW., to ensure that imported poultry license. Washington, DC. Normal reading room carcasses pose a negligible risk of introducing END into the United States. SUMMARY: In notice document published hours are 8 a.m. to 4:30 p.m., Monday We are asking the Office of in the issue of Friday, October 29, 1999, through Friday, except holidays. To be Management and Budget (OMB) to (64 FR 58375) the city is erroneous. This sure someone is there to help you, approve the continued use of these notice corrects the exclusive grant please call (202) 690–2817 before information collection activities. license to U.S. patent no. 5,919,446 coming. The purpose of this notice is to solicit (S.N. 08/958,475) as follows: APHIS documents published in the comments from the public (as well as On page 58375, in the second column, Federal Register, and related affected agencies) concerning these first paragraph, last sentence of the information, including the names of information collection activities. These USDA notice, the city was erroneous. organizations and individuals who have comments will help us: The correction is Northwest commented on APHIS rules, are (1) Evaluate whether the proposed Agricultural Products of Pasco, available on the Internet at http:// collection of information is necessary Washington. www.aphis.usda.gov/ppd/rad/ webrepor.html. for the proper performance of the Dated: November 29, 1999. FOR FURTHER INFORMATION CONTACT: For functions of the Agency, including Richard M. Parry, Jr., information on the regulations whether the information will have Assistant Administrator. governing the importation of poultry practical utility; [FR Doc. 99–31368 Filed 12–13–99; 8:45 am] products into the United States, contact (2) Evaluate the accuracy of our BILLING CODE 3410±03±P Dr. Michael David, Senior Staff estimate of the burden of the proposed Veterinarian, VS, APHIS, 4700 River collection of information, including the Road Unit 39, Riverdale, MD 20737– validity of the methodology and DEPARTMENT OF AGRICULTURE 1234; (301) 734–7837. For copies of assumptions used; more detailed information on the (3) Enhance the quality, utility, and Animal and Plant Health Inspection clarity of the information to be Service information collection, contact Ms. Cheryl Groves, APHIS’ Information collected; and (4) Minimize the burden of the [Docket No. 99±089±1] Collection Coordinator, at (301) 734– 5086. collection of information on those who are to respond, through use, as Notice of Request for Extension of SUPPLEMENTARY INFORMATION: appropriate, of automated, electronic, Approval of an Information Collection Title: Poultry Imports and Exports. mechanical, and other collection AGENCY: Animal and Plant Health OMB Number: 0579–0141. technologies, e.g., permitting electronic Inspection Service, USDA. Expiration Date of Approval: January submission of responses. ACTION: Extension of approval of an 31, 2000. Estimate of burden: The public information collection; comment Type of Request: Extension of reporting burden for this collection of request. approval of an information collection. information is estimated to average Abstract: The regulations contained in .1470 hours per response. SUMMARY: In accordance with the 9 CFR, chapter 1, subchapter D, parts 91 Respondents: Full-time, salaried Paperwork Reduction Act of 1995, this through 99 (the regulations), govern the veterinarians employed by the notice announces the Animal and Plant importation of animals, birds and governments of various regions that are Health Inspection Service’s intention to poultry, certain animal products, and affected with END. request an extension of approval of an animal germ plasm into the United Estimated annual number of information collection in support of the States. respondents: 4.
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Estimated annual number of Type of Request: Extension of a Estimated Number of Responses per responses per respondent: 51. currently approved information Respondent: 1.71. Estimated annual number of collection. Estimated Total Annual Burden on responses: 204. Abstract: The information collection Respondents: 15,320 hours. Estimated total annual burden on under OMB Number 0575–0094 enables respondents: 30. (Due to rounding, the the Agencies to effectively administer Copies of this information collection total annual burden hours may not the policies, methods, and can be obtained from Renita Bolden, equal the product of the annual number responsibilities for compliance with the Regulations and Paperwork of responses multiplied by the average National Environmental Policy Act and Management Branch, at (202) 692–0035. reporting burden per response.) other applicable environmental laws, Comments All responses to this notice will be executive orders, and regulations. summarized and included in the request The National Environmental Policy Comments are invited on: (a) Whether for OMB approval. All comments will Act (NEPA) requires Federal agencies to the proposed collection of information also become a matter of public record. consider the potential environmental is necessary for the proper performance Done in Washington, DC, this 8th day of impacts of proposed major federal of the functions of the Agencies, December 1999. actions in Agency planning and including whether the information will Craig A. Reed, decision-making processes. For the have practical utility; (b) the accuracy of Agencies to comply, it is necessary that Administrator, Animal and Plant Health Agencies estimate of the burden of the Inspection Service. they have information on the types of proposed collection of information environmental resources on site or in [FR Doc. 99–32365 Filed 12–13–99; 8:45 am] including the validity of the the vicinity that might be impacted by BILLING CODE 3410±34±P methodology and assumptions used; (c) the proposed action, as well as ways to enhance the quality, utility, (b) information on the nature of the project the accuracy of Agencies estimate of the DEPARTMENT OF AGRICULTURE selected by the applicant (the activities to be carried out at the site; any air, burden of the proposed collection of information including the validity of the Rural Housing Service liquid and solid wastes produced by these activities, etc.). The applicant is methodology and assumptions used; (c) Rural Business-Cooperative Service the only logical source for providing ways to enhance the quality, utility and clarity of the information to be Rural Utilities Service this information. In fact, the vast majority of Federal Agencies that assist collected; and (d) ways to minimize the Farm Service Agency non-Federal applicants in sponsoring burden of the collection of information projects require these applicants to on those who are to respond, including Notice of Request for Extension of a submit such environmental data. through the use of appropriate Currently Approved Information The Agencies provide forms and/or automated, electronic, mechanical, or Collection other guidance to assist in the collection other technological collection AGENCIES: Rural Housing Service, Rural and submission of information. The techniques or other forms of information Business-Cooperative Service, Rural information is usually submitted via technology. Utilities Service, Farm Service Agency, hand delivery or U.S. Postal Service to Comments may be sent to Renita USDA. the appropriate Agency office. Bolden, Regulations and Paperwork The information is used by the ACTION: Proposed collection; comment Management Branch, Support Services Agency officer who is processing the Division, U.S. Department of requested. application for financial assistance or Agriculture, Rural Development, STOP request for approval. Having SUMMARY: In accordance with the 0742, 1400 Independence Ave. SW., environmental information on the Paperwork Reduction Act of 1995, this Washington, DC 20250–0742. All notice announces the intention of the proposed project site and the activities to be conducted there enables the responses to this notice will be Agencies to request an extension for a summarized and included in the request currently approved information Agency official to determine the magnitude of the potential for OMB approval. All comments will collection in support of compliance also become a matter of public record. with the National Environmental Policy environmental impacts and to take such Act and other applicable environmental impacts into consideration in Agency Dated: November 19, 1999. requirements. planning and decision-making as Eileen M. Fitzgerald, required by NEPA. The analysis of the DATES: Acting Administrator, Rural Housing Service. Comments on this notice must be potential environmental impacts of a received by February 14, 2000 to be proposed action is considered to be a Dated: November 16, 1999. assured of consideration. full disclosure process, and therefore, William F. Hagy, III, FOR FURTHER INFORMATION CONTACT: can involve public information meetings Acting Administrator, Rural Business- Richard A. Davis, Director, Program and public notification. Cooperative Service. Support Staff, Rural Housing Service, Estimate of Burden: Public reporting U.S. Department of Agriculture, Stop burden for this collection of information Dated: November 22, 1999. 0761, 1400 Independence Ave., S.W., is estimated to average 2.94 hours per Christopher A. McLean, Washington, DC 20250–0761, response. Acting Administrator, Rural Utilities Service. Telephone (202) 720–9619. Respondents: Individuals or Dated: November 24, 1999. SUPPLEMENTARY INFORMATION: households, local governments, farms, Title: 7 CFR 1940 Subpart G, business or other for-profit, non-profit Keith Kelly, ‘‘Environmental Program.’’ institutions, and small businesses and Administrator, Farm Service Agency. OMB Number: 0575–0094. organizations. [FR Doc. 99–32288 Filed 12–13–99; 8:45 am] Expiration Date of Approval: June 30, Estimated Number of Respondents: BILLING CODE 3410±XV±M 2000. 3,050.
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DEPARTMENT OF AGRICULTURE to four leading causes of disease and DEPARTMENT OF AGRICULTURE premature death. Diet also plays a role Food and Nutrition Service in the development of other health Food and Nutrition Service conditions, which can reduce the Agency Information Collection quality of life and contribute to Agency Information Collection Activities: Proposed Collection; premature death. The Food and Activities: Proposed Collection; Comment RequestÐFood and Nutrition Service plans to develop and Comment Request: Report of the Nutrition Service (FNS) Nutrition launch a progressive, five-year nutrition Emergency Food Assistance Program Education and Promotion Campaign education and promotion campaign that (TEFAP) Administrative Costs AGENCY: Food and Nutrition Service, will convey science-based, behavior- AGENCY: Food and Nutrition Service, USDA. focused nutrition messages about (USDA). ACTION: Notice. healthy eating and physical activity. ACTION: Notice. These messages shall be formulated SUMMARY: In accordance with the based on the most recent edition of the SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this Dietary Guidelines for Americans and Paperwork Reduction Act of 1995, this notice announces the Food and the Food Guide Pyramid. The primary notice invites the general public and Nutrition Service’s intention to request target audience for this campaign is other public agencies to comment on Office of Management and Budget preschool and school-aged (age 2 to 18 proposed information collection of approval of an information collection years) children including those from administrative cost information under for the Food and Nutrition Service culturally and ethnically diverse the Emergency Food Assistance Program Nutrition Education and Promotion backgrounds, participating or eligible to (TEFAP) for the October, 1999 Current Campaign. participate in FNS nutrition assistance Population Survey. DATES: Written comments on this notice programs and their caregivers. DATES: Written comments must be must be received by February 14, 2000. Caregivers refers to parents or submitted on or before February 14, ADDRESSES: Comments may be sent to: guardians, child care providers, after 2000. Judy F. Wilson, Director, Nutrition school providers, and teachers. ADDRESSES: Comments are invited on: Services Staff, Food and Nutrition Educational materials, public service (a) Whether the proposed collection of Service, U.S. Department of Agriculture, announcements, an FNS mascot, central information is necessary for the proper 3101 Park Center Drive, Room 502, themes, a slogan, key messages and performance of the functions of the Alexandria, VA 22302. strategies that promote healthy eating agency, including whether the Comments are invited on: (a) Whether and physical activity will be tested information shall have practical the proposed collection of information using focus groups and semi-structured utilities; (b) the accuracy of the agency’s is necessary for the proper performance short interviews. The focus groups will estimate of the burden of the proposed of the functions of the agency, including provide information about the collection of information, including the whether the information will have acceptability of materials and products validity of the methodology and practical utility; (b) the accuracy of the during the developmental process and assumptions used; ways to enhance the agency’s estimate of the burden of the on final products. Semi-structured short quality, or utility, of collected data; (c) proposed collection of information, interviews will be conducted with FNS ways to minimize the burden of the including the validity of the program recipients, staff, stakeholders collection of information through the methodology and assumptions used; (c) and consumer volunteers at the State use of appropriate automated, ways to enhance the quality, utility, and and local level to determine electronic, mechanical, or other clarity of the information to be acceptability and efficacy of materials techniques or other forms of information collected; and (d) ways to minimize the and products developed. Interviews will technology. Comments and requests for burden of the collection of information be integrated into other program copies of information collected may be on those who are to respond, including activities as appropriate. sent to Lou Pastura, Division Director, through the use of appropriate Affected Public: Recipients of FNS Grants Management Division, Food and automated, electronic, mechanical, or nutrition education activities, State and Nutrition Service, U.S. Department of other technology. local staff administering FNS programs, Agriculture, 3101 Park Center Drive, All comments to this notice will be FNS stakeholders and consumers. Alexandria, VA 22302. summarized and included in the request Estimated number of respondents: For All responses to this notice will be for Office of Management and Budget the focus groups, approximately 100 summarized and included in the request (OMB) approval. All comments will also respondents. Approximately 100 for OMB approval. All comments will become a matter of public record. respondents will be asked to participate also become a matter of public record. FOR FURTHER INFORMATION CONTACT: in the short semi-structured interviews. FOR FURTHER INFORMATION Contact: Mr. Requests for additional information or Estimated Time Per Response: Focus Lou Pastura (703) 305–2048. copies of the proposed information groups of staff, stakeholders and SUPPLEMENTARY INFORMATION: collection forms should be directed to consumers will average no longer than Title: Report of the Emergency Food Gerry Howell, (703) 305–2568. 3 hours. Semi-structured interviews of Assistance Program (TEFAP) SUPPLEMENTARY INFORMATION: these same groups will average no Administrative Costs. Title: Food and Nutrition Service longer than 15 minutes duration. OMB Number: 0584–0385. Nutrition Education and Promotion Estimated Total Annual Burden on Form Number: FNS–667. Campaign. Respondents: 325 hours. Expiration Date: February 29, 2000. OMB Number: Not yet assigned. Type of Request: Extension of Dated: November 26, 1999. Expiration Date: N/A. Currently Approved Information Type of Request: New collection of Samuel Chambers, Jr., Collection. information. Administrator, Food and Nutrition Service. Abstract: The FNS–667, Report of the Abstract: Diet has a significant impact [FR Doc. 99–31369 Filed 12–13–99; 8:45 am] Emergency Food Assistance Costs, is on the health of citizens and is linked BILLING CODE 3410±30±P completed quarterly, with a close-out
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States may use CCFICS and to address items on the systems through the development of funds to pay costs incurred by the State Agenda. guidelines will help ensure that foods agency itself, or to pay costs incurred by DATES: The first public meeting is conform to the essential requirements. local recipients agencies—emergency scheduled for Thursday, January 13, Issues to be Discussed at both Public feeding organizations (EFOs) that 2000, from 1:00 p.m. to 4:00 p.m. to Meetings distribute USDA commodities to eligible review the technical content of the households states also ‘‘pass down’’ to various documents coming before the • Proposed Draft Guidelines/ EFOs a certain percentage of Federal Session. The second public meeting is Recommendations for Food Import administrative funds received, as scheduled for Thursday, February 10, Control Systems required by legislation and Federal 2000, from 1:00 p.m. to 4:00 p.m. to • Proposed Draft Guidelines and regulations. The information reported review the U.S. Government positions Criteria for Official Certificate Formats on the form is used by the Food and on the agenda items. and Rules Relating to the Production Nutrition Service to ensure that States ADDRESSES: Both public meetings will and Issuance of Certificates meet this requirement, as well as the be held in Room 1409, Federal Office • Proposed Draft Guidelines for the requirement that States match all Building 8, 200 C Street SW, Federal administrative funds that are Washington, DC (Metro Rail Stop is Utilization and Promotion of Quality not passed down to the local agencies, Federal Center SW) Assurance Systems or used to pay costs on their behalf. Send an original and two copies of • Discussion Paper on the Judgement Affected Public: State Agencies. comments to: FSIS Docket Clerk, Docket of Equivalence on Sanitary Measures Estimated Number of Respondents: 55 #99–061N, U.S. Department of Associated with Food Inspection and (States, Territories, and The District of Agriculture, Food Safety and Inspection Certification Systems Columbia). Service, Room 102, Cotton Annex, 300 • Discussion Paper on the Judgement Estimated Time Per Response: .5 to 8 12th Street SW, Washington, DC 20250– on Equivalence of Technical hours per response/average 3.5 3700. Comments should be submitted Regulations Associated with Food Estimated Total Annual Burden: by February 4, 2000. All comments Inspection and Certification Systems 962.5 hours annually (55 State agencies submitted in response to this notice will * 5 responses = 275 responses; 275 be available for public inspection in the Additional Public Notification responses @ 3.5 hours. A total of five Docket Clerk’s Office between 8:30 a.m. reports, four quarterly, and a final close- and 4:30 p.m. Monday through Friday. Public awareness of all segments of out report, are submitted). FOR FURTHER INFORMATION CONTACT: rulemaking and policy development is Dated: December 1, 1999. Patrick J. Clerkin, Associate U.S. important. Consequently, in an effort to Samuel Chambers, Jr., Manager for Codex, U.S. Codex Office, better ensure that minorities, women, Administrator, Food and Nutrition Service. Food Safety and Inspection Service, and persons with disabilities are aware [FR Doc. 99–32363 Filed 12–13–99; 8:45 am] Room 4861, South Building, 1400 of these public meetings, FSIS will announce them and provide copies of BILLING CODE 3410±30±M Independence Avenue SW, Washington, DC 20250–3700, Phone: (202) 205–7760, this Federal Register publication in the Fax: (202) 720–3157. Persons requiring FSIS Constituent Update. FSIS provides DEPARTMENT OF AGRICULTURE a sign language interpreter or other a weekly FSIS Constituent Update, special accommodations should notify which is communicated via fax to over Food Safety and Inspection Service Mr. Clerkin at the above numbers. 300 organizations and individuals. In SUPPLEMENTARY INFORMATION: [Docket No. 99±061N] addition, the update is available on line Background through the FSIS web page located at Codex Alimentarius: Eighth Session of http://www.fsis.usda.gov. The update is the Codex Committee on Food Import Codex was established in 1962 by two used to provide information regarding and Export Inspection and Certification United Nations organizations, the Food FSIS policies, procedures, regulations, Systems (CCFICS) and Agriculture Organization and the Federal Register notices, FSIS public World Health Organization. Codex is the meetings, recalls, and any other types of AGENCY: Food Safety and Inspection major international organization for information that could affect or would Service. encouraging fair international trade in food and protecting the health and be of interest to our constituents/ ACTION: Notice of public meetings and stakeholders. The constituent fax list request for comments. economic interests of consumers. Through adoption of food standards, consists of industry, trade, and farm SUMMARY: The Office of the Under codes of practice, and other guidelines groups, consumer interest groups, allied Secretary for Food Safety, and the Food developed by its committees, and by health professionals, scientific Safety and Inspection Service, United promoting their adoption and professionals, and other individuals that States Department of Agriculture; and implementation by governments, Codex have requested to be included. Through the Food and Drug Administration, seeks to ensure that the world’s food these various channels, FSIS is able to United States Department of Health and supply is sound, wholesome, free from provide information to a much broader, Human Services, are sponsoring two adulteration, and correctly labeled. more diverse audience. For more public meetings to provide information The Codex Committee on Food Import information and to be added to the and receive public comments on issues and Export Inspection and Certification constituent fax list, fax your request to that will be discussed at the CCFICS, Systems was established to develop the Congressional and Public Affairs which will be held in Adelaide, principles and guidelines for food Office, at (202) 720–5704. Australia, February 21–25, 2000. The import and export inspection and
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Done at Washington, DC, on; December 6, Mississippi, 100 W. Capitol St., Suite Two Stage Decision Making Process 1999. 1141, Jackson, MS 39269. National Forest System resource F. Edward Scarbrough, FOR FURTHER INFORMATION CONTACT: Jeff allocation and management decisions U.S. Manager for Codex. Long, Land Management Planning are made in two decision stages or steps. [FR Doc. 99–32286 Filed 12–13–99; 8:45 am] Revision Team Leader, (601) 965–4391. Programmatic (strategic) management BILLING CODE 3410±DM±P RESPONSIBLE OFFICIAL: The Regional decisions occur in the first stage and are Forester for the Southern Region located documented in the Forest Plan. at 1720 Peachtree Road, NW, Atlanta, Programmatic decisions in the Forest DEPARTMENT OF AGRICULTURE Georgia 30367. Plan are implemented by authorization SUPPLEMENTARY INFORMATION: of site-specific activities. This project Forest Service level decision-making is the second I. Background Revised Land and Resource stage. Management Plan for the National The National Forests in Mississippi The first decision stage establishes programmatic management direction Forests in Mississippi Forest Plan covers the six proclaimed National Forests in Mississippi: spanning a ten to fifteen year time span. AGENCY: Forest Service, USDA. Bienville, DeSoto, Delta, Holly Springs, A Forest Plan is analogous to a county ACTION: Notice of Intent to Prepare an Homochitto and Tombigbee. Pursuant to or city zoning plan. Decisions made in Environmental Impact Statement. 36 CFR 219.10(g), the Forest Supervisor the Forest Plan identify actions that may is required to review the conditions on take place but do not represent a SUMMARY: The Regional Forester for the the land covered by the Forest Plan at commitment by the agency to Southern Region gives notice of the least every five years to determine implement site-specific projects. Forest agency’s intent to prepare an whether conditions and/or demands of Plans do not compel the agency to Environmental Impact Statement (EIS) the public have changed significantly. undertake particular site-specific for revision of the Forest Land and This regulation further states that the projects; rather, they establish overall Resource Management Plan (Forest Forest Plan may be revised whenever goals and objectives (or desired resource Plan) for the National Forests in the Forest Supervisor determines that conditions) that an individual National Mississippi. According to 36 CFR significant changes have occurred. In Forest will strive to achieve in order to 219.10(g), Forest Plans are ordinarily 1991, staff of the National Forests in maintain or assure ecological revised on a 10–15 year cycle. The Mississippi conducted a five-year sustainability and to contribute to existing Forest Plan for Mississippi was review of the Forest Plan. The Forest economic and social sustainability of approved on September 16, 1985. Service completed a ten-year review in local communities affected by national The agency invites written comments 1996 and annual reviews for fiscal years forest management activities. Forest within the scope of the analysis 1997 and 1998. Plan decisions do not normally make described below. In addition, the agency Concurrent with the ten-year review, any irreversible or irretrievable gives notice that an open and full the Forest’s interdisciplinary Land commitment of resources. Forest Plans environmental analysis and decision Management Planing Team updated also establish limitations on what making process (collaborative planning resource inventories, estimated supply actions may be authorized, and what effort) will occur so that interested and capabilities and resource demands, and conditions must be met during project affected citizens may participate and determined initial needs to change decision-making. assist in identifying and developing management direction. Together with The following decisions are made in recommendations on the management of the reviews and public comments a Forest Plan: (1) Establishment of the forest-wide the National Forests in Mississippi. solicited on its findings, this work forms multiple-use goals and objectives (36 This Notice of Intent covers the the basis for the preliminary issues following Mississippi counties which CFR 21911(b)). identified in this Notice of Intent. These (2) Establishment of forest-wide contain National Forest System lands: preliminary issues along with any Adams, Amite, Benton, Chickasaw, management requirements (36 CFR additional issues raised during public 219.13 to 219.27). Choctaw, Copiah, Forrest, Franklin, scoping activities, to begin in January George, Greene, Harrison, Jackson, (3) Establishment of multiple-use 2000, will be examined during the plan prescriptions and associated standards Jasper, Jefferson, Jones, Lafayette, revision process. Lincoln, Marshall, Newton, Oktibbeha, and guidelines for each management In the past, a ‘‘Notice of Intent to area (36 CFR 219.11(c)). Pearl River, Perry, Pontotoc, Scott, Prepare an Environmental Impact Sharkey, Smith, Stone, Tippah, Union, (4) Determination of land that is Statement’’ marked the very beginning suitable for the production of timber (16 Wayne, Wilkinson, Winston, and of the planning process. For this plan Yalobusha. U.S.C. 1604(k) and 36 CFR 219.14). revision, however, an effort was made to (5) Establishment of allowable sale DATES: Comments concerning the scope define the current situation and to quantity for timber within a time frame of the analysis should be received on or present detailed proposed actions as specified in the plan (36 CFR 219.16). before February 14, 2000. The agency part of this notice. We trust this will (6) Establishment of monitoring and expects to file the Draft Environmental lead to improved ‘‘scoping’’ and provide evaluation requirements (36 CFR Impact Statement (DEIS) with the more concise and specific public 219.11(d)). Environmental Protection Agency and comments. These, in turn, will make it (7) Recommendation of roadless areas make it available for public comment in possible to develop more responsive as potential wilderness areas (36 CFR September, 2001. The agency expects to alternatives for analysis in the 219.17). file the final EIS in September, 2002. Environmental Impact Statement. Our (8) Where applicable, designation of See Supplementary Information desired results are improve public those lands administratively available (Section VI. Involving the Public) for participation opportunities facilitated for oil and gas leasing; and when meeting dates. by open decision making process appropriate, authorizing the Bureau of ADDRESSES: Submit written comments throughout the Forest Plan revision Land Management to offer specific lands to Forest Supervisor, National Forests in process. for leasing (36 CFR 228.102 (d) and (e)).
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This Notice of Intent to prepare an expectations and values have shifted continue at current or higher levels. environmental impact statement for from a rural to a more urban perspective Opposing views also have been revision of the National Forests in introducing a new set of issues and expressed resulting in polarization of Mississippi Land and Resource concerns to be addressed during Forest the issue. Individuals and organizations Management Plan focuses on the Plan revision. This urban interface involved in the timber industry or local strategic management decisions phenomenon is occurring in varying government have expressed concern occurring in the first decision stage degrees on all National Forests within about the decline of National Forest described above. the state. timber harvests on local economies, particularly on employment and the II. Purpose and Need for Action III. Preliminary Issues 25% returns to counties for roads and The purpose for this revision rests The following preliminary issues schools. The average actual timber primarily in the requirements of the offered here were developed from: (1) volume sold on the National Forests in National Forest Management Act. The The 10-year review of the current plan; Mississippi were just over 80% of the law’s implementing regulations at 36 (2) subsequent annual monitoring amount planned for fiscal years 1985 CFR 219.10(g) require that Forest Plans reports; (3) public and internal response through 1995. Declines in harvest levels be revised at least every 15 years. The to their findings; (4) from public have occurred over the last several years current resource management plan for comments received on project level generating concern about declining the National Forests in Mississippi was proposals. Public comments in response revenues. initiated in September 1985. to this notice will help us to determine Vegetation Management issues A need to revise the plan exists due additional issues and scope of the include and will focus on: to: changes in policy or law and analysis to be considered. • Allowable sale quantity (ASQ). changed physical, biological, and social • Lands suitable for timber Forest Health/Sustainability conditions occurring on the forest. production. Sustainable Forest Ecosystem • Changes in Policy or Law Relationship of timber harvest Management is a key component of the levels to local economies and jobs. A substantial body of case law has Forest Service Natural Resource • Silvicultural systems and how they developed, since the original Forest Agenda. Watersheds are vital to affect sustainability and forrest health. Plan was written. This case law more ecosystem health. Healthy watersheds • Uneven-aged silvicultural systems clearly defines the roles and promote healthy forests and sustainable effect on timber and non-timber requirements of a Forest Plan. One forest ecosystems. The revised Forest resources. resulting example is the concise listing Plan will incorporate Forest Service • Hardwood management within pine of eight forest-plan decisions listed in policy to restore and maintain healthy stands. the previous section. watersheds for use by current and future • Mixed pine management. • Similarly, the science and policy of generations. Alternative forest products, such as national forest management have Forest Health and Sustainability pine straw raking and removal. • continued to evolve. Key examples issues include: Role of herbicide use in forest include: service-wide adoption of • Forest biological diversity. management. Ecosystem Management in 1992, the • Native forest ecosystem restoration. Threatened, Endangered, Proposed and ‘‘Course to the Future’’ strategy in 1994, • Old growth. Sensitive Species Management the Southern Region’s revised strategy • Forest health, especially protection for management of the Red-cockaded from insects and diseases. Red-cockaded Woodpecker Decisions. Woodpecker in 1995, and Forest Service • Protection of riparian wetland The Final Environmental Impact Natural Resource Agenda in 1998. These areas. Statement for the Management of the policy statements represent a • Streamside zone management. Red-cockaded Woodpecker and its fundamental change in management • Control or eradication of noxious Habitat on National Forests in the philosophy and, as such, are built from weeds occurring on National Forest Southern Region (RCW/EIS) was issued an extensive set of concepts and lands. in June of 1995. The RCW/EIS contains principles. These concepts include a • Management of special interest direction to revise previous focus on desired conditions, thinking areas. management practices, standards, and guidelines, and its Record of Decision and acting at multiple scales, working Vegetation Management within the ecological potential of sites (ROD) instructs affected Forests to and landscapes, and an increasing The harvest and regeneration of incorporate the new direction into their emphasis on ecological sustainability. timber producing trees has always been Forest Plans, through revision or a central issue in National Forest amendment. Changed Physical, Biological, and planning in Mississippi. Over the life of The revised Forest Plan must Social Conditions the current Forest Plan, timber has establish final HMA boundaries and Hurricanes, tornadoes, ice storms, and generally ranked as the second most population objectives. The RCW/EIS Southern Pine Beetle outbreaks have valuable agricultural crop in the state of Record of Decision established tentative made changes to the forest beyond those Mississippi. This issue assumes HMA’s on 367,169 acres on the contemplated in the current plan. additional significance because of the Bienville, De Soto, Chickasawhay, and Beaver impoundments and the success effects of timber harvest on other Homochitto Ranger Districts. The of exotics such as kudzu and Cogongrass resources such as recreation and accompanying tentative population goal have made, or threaten, additional wildlife. Not surprisingly, forest is 1,595 active clusters. As of 1996, the changes. In many areas, our neighbors regeneration and timber harvest were Forest’s total number of active clusters and customers have changed the subject of more review comments was 134. Additionally, Forest Plan significantly. Near the Mississippi Gulf than any others. Public comments revision must incorporate the Coast, private lands in and around the received on the 10-year Review of the management practices, standards, and National Forests have become more Land and Resource Management Plan guidelines in the RCW Record of densely populated. Adjacent landowner expressed support for timber harvests to Decision. The HMA’s and population
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69688 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices objectives are subject to some concerns for non-motorized users such require changes to our traditional modification. Any changes will require as hikers or horseback riders. Motorized application of prescribed fire. analysis beyond the RCW/EIS as well as vehicle use, particularly that of all- Prescribed fire issues to be addressed a favorable opinion from the U.S. Fish terrain vehicles (ATV’s), has increased during plan revision include: and Wildlife Service during formal dramatically over the last ten years. Determine role of prescribed fire in consultation. Furthermore, the current plan’s achieving forest ecosystem management Other Threatened and Endangered assumption that cross-country travel by goals and objectives. Species. Management for other OHV’s would be ‘‘limited by heavy Identify and evaluate the extent, time threatened, endangered, proposed, and undergrowth’’ has proven inaccurate. As of year (including summer growing sensitive species will also require a result, instances of resource damage season), and frequencies for prescribed consideration during plan revision. and user conflicts have become fire use as an ecosystem management These species include: the gopher increasingly common. tool. tortoise, and Louisiana quillwort Transportation and access issues to be Evaluate impacts associated with use occurring on the De Soto National addressed during plan revision include: of plow lines and establish appropriate Forest and the Pondberry on the Delta Transportation management and standards and guidelines. National Forest. Recovery plans for the access needs. The Forest’s road system Consider use of permanent fire lines, affected species have been developed will be managed to meet resource needs especially within wildland/urban and their prescribed conservation and and provide adequate public access. interface zones. protection measures are incorporated in Density of local roads required to Roadless Areas forest management activities. Forest provide permanent, effective access to The Final Environmental Impact Service will continue efforts to conserve National Forest lands for all resource and recover threatened, endangered, management needs. Statement (FEIS) for Roadless Area and sensitive species and their habitats. Off road vehicles (ORV’s) Review and Evaluation II (RARE II) of Threatened, endangered, proposed, management to provide recreational 1979 inventoried three roadless areas on and sensitive species management opportunities and protect other National Forest lands in Mississippi. issues to be addressed during plan resources. Two areas, Black Creek and Leaf, were recommended for wilderness revision include: Recreation Develop management practices that designation. The third, Sandy Creek, promote viable populations of National Forests in Mississippi offer a was listed for further study. In 1984, the threatened, endangered, and sensitive host of outdoor recreation opportunities. Mississippi National Forest Wilderness species and their habitats occurring on Recreation demand, both dispersed and Act created the Black Creek Wilderness National forest lands. Determine how developed, is expected to continue to and the Leaf Wilderness. Included in much of the National Forests in increase over the next plan cycle. the act was ‘‘release’’ language which Mississippi’s land base will be allocated Increases in recreation use often create directed that inventoried areas not to red-cockaded woodpecker resource management conflicts. designated as wilderness be managed management (Habitat Management Different user groups compete for use of for multiple use; however, the act also Areas) and what affect such allocation the same area, each having different directed that the ‘‘wilderness option’’ be will have on other resource management expectations. reviewed for such areas when the Forest opportunities. Plan was revised. For the National Prescribed Fire Forests in Mississippi, the Sandy Creek Transportation and Access Prescribed fire is an important area on the Homochitto National Forest Management of our forest management tool on the National is the only area in this category. transportation system attracts public Forests in Mississippi. Historically, fire On October 13, President Clinton scrutiny. Almost all users of the played a significant role in shaping the directed the USDA Forest Service to national forests use forest roads. Forest native plant and animal communities in develop a proposal potentially affecting Service Natural Resource Agenda Mississippi. The Forest consistently over 40 million acres on inventoried identifies forest roads as one of its key ranks first or second in the nation in the roadless areas on national forests and agenda items. Development of a national amount of acreage on which it is grasslands. The 2,375 acre Sandy Creek roads policy is underway. Once applied. Beginning in the 1960’s, RARE II Further Study Area is the only finalized revised Forest Plan will prescribed burning has normally been area in Mississippi meeting the incorporate the national roads policy, as conducted on upland pine sites, with President’s initial criteria for review appropriate. site preparation burns occurring in late consideration. On October 25, 1999, An extensive system of roads and summer and understory burns during forest Service Chief Dombeck issued a trails allows access to nearly every part the dormant season. Prior to European notice of intent to prepare an of the Forest. In addition, and by the settlement, fires occurred throughout environmental impact statement as the direction of the current Forest Plan, the the year on a variety of sites, whenever first step towards implementing National Forests in Mississippi are conditions allowed anatual or aboriginal President Clinton’s direction to further ‘‘generally open to ORV’s’’ (off-road ignitions to spread. Studies indicate that protect remaining roadless areas within vehicles), now more often referred to as fire can have an influence on the National Forest System lands. The OHV’s (off-highway vehicles). successful regeneration of oaks. One of Sandy Creek Further Study Area will be Exceptions are individually identified the concepts underlying ecosystem evaluated as part of the national areas of potential resource damage or management is that natural processes roadless area review. A draft conflict with other uses. should be simulated to the greatest environmental impact statement on the Motorized use can reduce the habitat extend possible. This builds on the idea roadless area is expected to be available quality for some wildlife species and that the structure and function of native for public review in the spring 2000. cause damage to soils on sensitive sites. ecosystems is best maintained by the Recommendations specific to the Sandy Use of motorized vehicles can also conditions under which they evolved. Creek Further Study Area that may conflict with users who are seeking To the extent that these conditions can follow from the national review will be more solitude or can create safety be recreated on the Forest, it will incorporated during plan revision.
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IV. Proposed Action for defining their location and objectives; (5) collaborate with all The Southern Regional Forester capabilities. Each DFC will emphasize interested parties and stakeholders to proposes to prepare an Environmental the resource or condition which the achieve health watersheds and Impact Statement (EIS) for revising the issue addresses. Plan revision ecosystems for current and future Forest Land and Resource Management alternatives will be developed by generations. allocating land areas to individual Plan (Forest Plan) for the National Vegetation Management DFC’s in varying amounts. Forests in Mississippi. The Forest Plan Vegetation management objectives will prescribe resource management Notwithstanding the issue to which it responds, each DFC will consider all will be developed as one of the DFC’s direction pursuant to the requirements for allocation. The Forest will employ of the National Forest Management Act resource elements (incorporate multiple-use resource management both even-aged forest management, for the six proclaimed National Forests principals). The allocation of the DFC’s including clearcutting, and uneven-aged in Mississippi; Bienville, Delta, DeSoto, in each alternative will be distinctly management as tools for achieving Homochitto, Holly Springs and mappable. desired future conditions in appropriate Tombigbee National Forests. The agency The following proposals specifically ecological units and communities. Area invites the public, state and local address the preliminary issues listed regulation will be utilized for all even- government officials and their previously. Based on current aged management. Uneven-aged representatives, other federal agencies, information, they represent the Forest management will be regulated by and any affected Indian tribes to Service’s initial choice of action for diameter distribution with intermediate participate in the forest plan revision addressing these preliminary issues. practices for developing uneven-aged process which will proceed over the The following proposed actions are structure in currently even-aged stands. next 24 to 26 months before a final identified at this time in an effort to Old Growth. Management for old revised Forest Plan is issued. provide focus for public review and growth attributes will be included as The current Forest Plan for the comment and do not represent a final one of the DFC’s for allocation. The National Forests in Mississippi requires decision regarding the preliminary revised plan will consider old growth revision to incorporate agency issues identified. All actions are subject representation across the range of native established ecosystem management to change as a result of scoping, forest communities. principles. The Forest Service will developing alternatives, and conducting Natural Disturbances. As much as identify ecological units through the a more detailed analysis of effects. practical, historical levels of disturbance LandType Association (LTA) level, will be incorporated into the revised according to the Forest Service National Forest Health/Sustainability plan’s output predictions. General Hierarchical Framework of Ecological Sustainable Forest Ecosystem control and/or recovery guidelines will Units. Management direction in the Management is a key component of the also be developed, both Forest-wide and revised Forest Plan would work toward Forest Service Natural Resource for each management area. maintaining the long-term ecological Agenda. Throughout the plan revision Exotic Species. Mitigation measures structure and function of affected process the Forest Service will and management practices designed to ecosystems. encourage all parties interested in limit the spread of Cogongrass as well The current Forest Plan contains resource management to collaborate in as kudzu control will be developed limited descriptions of desired future describing and defining sustainable during plan revision. The revised plan conditions (FDCs). The current plan’s forest management. During plan will reflect the natural Resource Agenda DFCs need updating to accurately reflect revision, focus will be placed on forest emphases placed on control of exotic evolving agency and public expectations ecosystem health, agency species to restore and enhance regarding resource uses, products, accountability, and community ecosystems. values or services occurring on or partnerships to achieve Forest Service generated from national forest Natural Resource Agenda goals for Threatened, Endangered, and Sensitive administered lands. One of the more sustainable forest ecosystem Species Management critical tasks to be accomplished during management. Management for health Management emphasis will be placed the forest plan revision process will be watersheds will be included as a key on the conservation and recovery of development of updated DFCs. An component in the development of threatened, endangered, and (federally open, public, collaborative planning Desired Future Condition statements. listed) sensitive species and their process will be followed during The revised plan will incorporate the habitats that occur on National Forest development of DFCs. Natural Resource Agenda goals and administered lands. Desired Future Conditions (DFCs) are objectives for watershed protection and Red-Cockaded Woodpecker Decisions. descriptive statements expressing the restoration. Management emphasis will The tentative Habitat Management Area collective vision of future landscape be placed on watershed restoration and (HMA) delineations from the Final conditions and the uses, products, maintenance. During plan revision the RCW/EIS will be adopted, with only values, and services that will be Forest Service will: (1) Study the minor changes, on the Bienville, provided. Desired future conditions and relationship between land uses, Chickasawhay, and Homochitto Ranger the outcomes associated with it will watersheds, and ecosystem health; (2) Districts. On the De Soto Ranger serve as the central reference point for complete an ecosystem analyses at the District, the boundaries for the Biloxi planning and management of National watershed level to determine existing HMA will be adopted from the Final, Forest lands. DFC’s will be developed in conditions and potential landscape but the two areas of the Black Creek response to key issues identified during capability; (3) use results from sound HMA will be combined and moved to plan revision. Extensive public scientific analyses to make land use the Leaf River Wildlife Management involvement (participation) will be allocations and guide project-level Area. Revised population objectives will sought as the forest identifies and decisions and set priorities for be developed for each of the above develops DFC’s during the plan revision watershed restoration; (4) ensure that HMA’s consistent with the proposed process. Each DFC will utilize land management decisions meet direction in Appendix ‘‘A’’ of the RCW/ established ecological units as a criteria watershed and ecosystem management EIS Record of Decision (ROD). The
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69690 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices resulting forest-wide population consistent with the Southern Region’s considered in the DEIS will be based on objective is expected to total Vegetation Management EIS, including the identification of key public issues, approximately 1,480 clusters. The the Delta National Forest. management concerns, resource revised Forest Plan will incorporate the management opportunities, and plan Roadless Areas standards and guidelines from the ROD, decisions specific to the National except that both the Chicasawhay and The Sandy Creek Further Study Area Forests in Mississippi. Public Bienville HMA’s will be managed under will be evaluated as part of the national participation will be solicited by the sub-HMA strategy. This is consistent roadless area review. A draft notifying in person and/or by mail, with RCW/EIS direction for the environmental impact statement on the interested publics. News releases will be Chickasawhay but represents a roadless area is expected to be available used to give the public general notice, departure for the Bienville. Proposed for public review in the spring 2000. and public scoping meetings will be changes in the sub-HMA strategy will Recommendations specific to the Sandy conducted on each Ranger District. require analysis beyond the RCW/EIS as Creek Further study Area that may Public participation, facilitated by well as a favorable opinion from the follow from the national review will be open decision making process, will be U.S. Fish and Wildlife Service reached incorporated during plan revision. No sought throughout the plan revision other recommendations to the roadless through formal consultation. The Forest process and will be especially important area inventory are currently proposed. Plan will adopt the southern pine beetle at several points along the way. The first The revised plan will continue the high hazard rotation lengths where opportunity to comment will be during management direction and practices applicable. the scoping process (40 CFR 1501.7). adopted in the 1993 ‘‘Limits of Scoping includes: (1) Identifying Transportation and Access Acceptable Change’’ process for the additional potential issues (other than Black Creek and Leaf Wildernesses and Local road and OHV management will those previously described), (2) from the Black Creek scenic corridor. be included as an element of DFC’s. For these, identifying key issues or those each desired future condition, OHV V. Development of Alternatives which have been covered by prior travel may be allowed area-wide, environmental review, (3) exploring confined to designated areas, trails, or The alternatives presented in the Forest’s DEIS will portray a full range of additional alternatives, and (4) seasons, or prohibited entirely. Forest- identifying potential environmental wide, all areas will be closed to OHVs responses to key issues. The range of alternatives will include one that effects of the proposed action and except those identified for their use. alternatives (i.e., direct, indirect, and A National Roads Policy is currently continues current management cumulative effects). under development. When the roads direction, as well as others that address policy is issued, agency direction will the range of issues developed during the As part of the first step in scoping, a be incorporated during plan revision as scoping process. The DEIS will examine series of public meetings are scheduled appropriate. the effects of implementing strategies to to explain the public’s role in the achieve different overall desired future planning process and provide an Recreation conditions for the Forest, including opportunity for public input. These Recreation management is a priority possible management practices and meetings are planned as follows: item of the Forest Service natural objectives that move the Forest toward Bienville National Forest Resource Agenda. Forest Service will desired conditions. A preferred seek to provide a diverse spectrum of alternative will be identified in the January 18, 2000 from 3 pm to 8 pm at recreation opportunities in response to DEIS. the Forest Center in Forest, MS changing demands. January 20, 2000 from 3 pm to 8 pm at VI. Involving the Public The revised plan will incorporate the the Raleigh Multi-Purpose Building In new recreation agenda of the Forest The objective for public involvement Raleigh, MS Service Natural Resource Agenda. The in this process is to create an January 22, 2000 from 10 am to 8 pm new recreation agenda concentrates on atmosphere of openness where all at the Benita Lakes Mall in Meridian, five key areas: (1) Improving the settings members of the public feel free to share MS (Co-hosted with the for outdoor recreation and enhancing information with the Forest Service and Chickasawhay Ranger District) its employees on a regular basis. We visitor experiences, (2) guaranteeing January 25, 2000 from 3 pm to 8 pm at seek to establish two-way visitor satisfaction with our services and the Morton City Auditorium in communication with the public to facilities, (3) reaching out to rural and Morton, MS urban communities to capitalize on the gather ideas and concerns and to social and economic opportunities determine public attitudes. We seek to Chickasawhay Ranger District encourage public involvement in a associated with recreation on national January 20, 2000 from 3 pm to 8 pm at planning process that fully integrates forests, (4) strengthening our the Library of Hattiesburg, 329 Hardy the needs and values of all segments of relationships with those who cooperate Street, in Hattiesburg, MS (Co-hosted the public, including low-income, with us to improve outdoor recreation with the DeSoto Ranger District) for all Americans, and (5) ensuring that minority, and historically underserved January 22, 2000 from 10 am to 3 pm recreation use does not impair the communities. at the Benita Lakes Mall in Meridian, land’s health. The Forest Service is seeking information, comments,and assistance MS (Co-hosted with the Bienville Prescribed Fire from Federal, State, and local agencies, Ranger District) Fire return interval will be included Indian tribes, and other individuals or January 24, 2000 from 3 pm to 8 pm at as an element of Desired Future organizations who may be interested in the Chickasawhay Ranger District Conditions, and both dormant and or affected by the land management Office, 968 Highway 15 South, in growing season fire will be utilized. The decisions under consideration during Laurel, MS use of prescribed fire for silvicultural the plan revision process. This input January 27, 2000 from 3 pm to 8 pm at objectives will be employed on will be used in the preparation of the the Waynesboro City Auditorium in hardwood sites where appropriate and DEIS. The range of alternatives to be Waynesboro, MS
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Delta National Forest occurrence will vary depending upon DEPARTMENT OF AGRICULTURE January 18, 2000 from 3 pm to 8 pm at specific objectives. The primary Forest Service the Community Center in Rolling objective for the initial meetings listed above are for information sharing and Fork, MS Mill Creek Timber Sales and Related January 25, 2000 from 3 pm to 8 pm at initial identification of additional public Activities, Rogue River National Forest the Greenville Library in Greenville, issues and concerns. Subsequent public Jackson County, OR MS meetings may focus on specific key January 31, 2000 from 3 pm to 8 pm at issues to seek clarification and AGENCY: Forest Service, USDA. the Vicksburg Library in Vicksburg, understanding prior to development of ACTION: Notice of intent to prepare an MS alternatives and evaluation of effects. environmental impact statement. Public notice will be provided through DeSoto Ranger District SUMMARY: The USDA, Forest Service publication in the newspaper, the January 20, 2000 from 3 pm to 8 pm at (USFS), will prepare an environmental Clariton-Ledger, published daily in impact statement (EIS). The purpose of the Library of Hattiesburg, 329 Hardy Jackson, Mississippi. Notice will also be Street, in Hattiesburg, MS (Co-Hosted the EIS is to analyze and disclose the served through direct mailings to by the Chickasawhay Ranger District) environmental impacts of a site specific January 21, 2000 from 3 pm to 8 pm at interested and affected parties identified proposal to commercially harvest and the Orange Grove Community Center during the plan revision process. The regenerate trees, construct, reconstruct, on Highway 49, North in Gulfport, MS Forest Service will seek to identify other and decommission roads, implement January 25, 2000 from 3 pm to 8 pm at methods to effectively accomplish vegetation density management the DeSoto Ranger District Office, 654 outreach and invite and encourage activities, implement wildlife projects, W. Frontage Road, in Wiggins, MS broad public involvement throughout and conduct prescribed burns. The the Forest Plan revision process. activities are proposed in the Upper Holly Springs National Forest The DEIS is expected to be filed with Rogue River watershed located on lands January 10, 2000 from 3 pm to 8 pm at the Environmental Protection Agency administered by the Rogue River National Forest, on the Prospect Ranger the Holly Springs District Office, 1000 (EPA) and to be available for public District, within Jackson County, Oregon. Front Street, Oxford, MS review by September, 2001. At that January 18, 2000 from 3 pm to 8 pm at The Proposed Action will tier to and be time, EPA will publish a notice of the Marshall County Industrial designed under the Rogue River Development Authority, 520 Access availability of the draft supplement in National Forest Land and Resource Road, Holly Springs, MS the Federal Register. The comment Management Plan (1990), as amended January 24, 2000 from 3 pm to 8 pm at period for the DEIS will be 3 months by the Record of Decision for the the Corps of Engineers Building, from the date the EPA’s notice of Northwest Forest Plan (1994), which Scenic Route 333, Grenada Dam Road, availability appears in the Federal provides guidance for land management Grenda, MS Register. activities. This proposal is scheduled for implementation during fiscal Years Homochitto National Forest After the comment period ends on the DEIS, the comments will be analyzed, 2000–2003. The Prospect Ranger District January 20, 2000 from 3 pm to 8 pm at considered, and responded to by the invites written comments concerning the Agriculture Building, at Alcorn Forest Service in preparing the FEIS. the scope of the analysis in addition to State University, in Lorman, MS The Forest Service will continue to those comments that will be solicited as January 25, 2000 from 3 pm to 8 pm at open decision making (collaborative a result of local public participation the Homochitto District Office in activities. The Forest Service will also Gloster, MS efforts) during the evaluation of comments received on the DEIS. The give notice of the full environmental January 27, 2000 from 3 pm to 8 pm at analysis and decision making process so FEIS is scheduled to be completed by the Meadville Public Library in that interested and affected people are September, 2001. The responsible Meadville, MS made aware as to how they may official will consider the comments, Tombigbee National Forest participate and contribute to the final responses, environmental consequences decision. January 11, 2000 from 3 pm to 8 pm discussed in the final environmental DATES: Issues and comments concerning Tombigbee District Office in impact statement, and applicable laws, the scope, implementation, and analysis Ackerman, MS regulations, and policies in making a of the Proposed Action must be received January 12, 2000 from 3 pm to 8 pm at decision regarding this proposal. The by January 5, 2000. the Thompson Hall on the campus of responsible official will document the Mississippi State University, ADDRESSES: Submit written comments decision and reasons for the decision in regarding the Proposed Action to Joel Mississippi State, MS a Record of Decision. The decision will January 18, 2000 from 3 pm to 8 pm at King, District Ranger, Prospect Ranger be subject to appeal in accordance with District, 47201 Highway 62, Prospect, the Fire Department in Houston, MS 36 CFR part 217. January 25, 2000 from 3 pm to 8 pm at Oregon, 97536. the Lake Tiak O’Kata in Louisville, The responsible official is Elizabeth FOR FURTHER INFORMATION CONTACT: MS Estill, Regional Forester, Southern Direct questions about the Proposed Region, 1720 Peachtree Road, NW, Action and EIS to Don Boucher, National Forests in Mississippi (Forest- Atlanta, Georgia 30367. Interdisciplinary Team Leader, Propect wide emphasis) Dated: December 8, 1999. Ranger District, 47201 Highway 62, January 11, 2000 from 10 am to 8 pm Prospect, Oregon, 97536, phone: 541– at the McCoy Federal Building, 100 David G. Holland, 560–3400, FAX: 541–560–3444, e- West Capitol Street, Jackson, MS Deputy Regional Forester for Natural mail:dboucher/ Additional public meetings will be Resources. [email protected]. scheduled throughout the plan revision [FR Doc. 99–32296 Filed 12–13–99; 8:45 am] SUPPLEMENTARY INFORMATION: The Mill process. Their location and frequency of BILLING CODE 3410±11±M Creek Timber Sales and Related
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Activities Project will take place within affected Indian tribes, and other comments and objections are made the following sub-watersheds within the individuals who may be interested in or available to the Forest Service at a time Upper Rogue River watershed: Barr affected by the Proposed Action. This when it can meaningfully consider and Creek, Ginkgo Creek, Union Creek, input will be used to develop additional respond to them in the Final EIS. Upper and Lower Mill Creek, and Castle alternatives. To assist the Forest Service in Creek. Only Forest Service managed The Draft EIS is expected to be filled identifying and considering issues and lands would be treated. The project area with the Environmental Protection is approximately 45 air miles north of Agency (EPA) and be available for concerns on the Proposed Action, Medford, Oregon. It is bounded on the review by April 2000. The comment comments on the Draft EIS should be as north by Castle Creek, on the west by period for the Draft EIS will be 45 days specific as possible. It is also helpful if State Highway 62, on the south by Red from the date that the EPA publishes the comments refer to specific pages or Blanket Creek, and on the east by Crater Notice of Availability in the Federal chapters of the Draft EIS. Comments Lake National Park. Register. may also address the inadequacy of the The Forest Service is proposing to Comments received in response to Draft EIS or the merits of the implement activities which include, in this notice, including names and alternatives formulated and discussed in part, one or more timber sales involving addresses of those who comment, will the EIS. Reviewers may wish to refer to approximately 7,500 acres of harvest be considered part of the public record the Council on Environmental Quality units. Silvicultural prescriptions on this proposed action and will be Regulations for implementing the include: density management of available for public inspection. procedural provisions of the National overstocked stands of trees Comments submitted anonymously will Environmental Policy Act at 40 CFR (approximately 3,800 acres); treating be accepted and considered, however, 1503.3 in addressing these points. mature stands with small group those who submit anonymous selections or even-aged management comments will not have standing to After the 45 day comment period ends (approximately 2,000 acres); and, appeal the subsequent decision under on the Draft EIS, comments will be density management of small, younger 36 CFR part 215. Additionally, pursuant considered and analyzed by the Agency stands for forest health and stand to 7 CFR 1.27 (d), any person may in preparing the Final EIS. The Final development (approximately 1,700 request the agency to withhold a EIS is scheduled for release by August acres). Other projects include road submission from the public record by 2000. In the Final EIS, the Forest decommissioning (approximately 22 showing how the Freedom of Service is required to respond to the miles), prescribed fire for wildlife Information Act (FOIA) permits such comments and responses received habitat improvement and fuels confidentiality. Persons requesting such during the comment period that pertain reduction (approximately 500 acres), confidentiality should be aware that, to the environmental consequences density management of stands of young under the FOIA, confidentially may be discussed in the Draft EIS and trees less than six inches in diameter granted in only very limited applicable laws, regulations, and (approximately 2,000 acres), and other circumstances, such as to protect trade policies considered in making the wildlife improvement projects. Minor secrets. The Forest Service will inform decision regarding the proposal. amounts of new road construction or the requester of the agency’s decision reconstruction may be necessary to regarding the request for confidentiality, The Forest Service is the lead agency. access harvest units. these activities are and where the request is denied, the The Responsible Official is Joel King, proposed on Matrix lands in the agency will return the submission and Prospect District Ranger. The Northwest Forest Plan. Incidental notify the requester that the comments Responsible Official will consider the treatments, not including timber maybe resubmitted with or without comments and responses received harvest, are proposed within Riparian name and address within a specified during the comment period that pertain Reserves. number of days. to the environmental consequences The Purpose and Need for the The Forest Service believes it is discussed in the Draft EIS and Proposed Action is to plan timber sales important to give reviewers notice at applicable laws, regulations, and and associated road and vegetation this early stage of several court rulings policies in making a decision regarding management activities to implement related to public participation in the the Mill Creek Timber Sales and Related management direction from the Rogue environmental review process. First, a Activities. The Responsible Official will River National Forest Land and reviewer of a Draft EIS must structure document the decision and rationale in Resource Management Plan and the their participation in the environmental the Record of Decision. The decision review process of the proposal so that it Northwest Forest Plan and to manage will be subject to appeal by the general is specific, meaningful, and alerts an for ecosystem needs. public under Forest Service appeal The Forest Service will consider agency to the reviewer’s position and issues with the Proposed Action, and contentions. Vermont Yankee Power regulations (36 CFR part 215). develop additional alternatives to the Corp. v. NRDC, 435 U.S. 519, 533 Dated: November 22, 1999. Proposed Action that respond to the (1978). also, environmental objections Joel T. King, significant issues. The no-action that could be raised at the Draft EIS Prospect District Ranger. stage, but that are not raised until after alternative will also be considered. [FR Doc. 99–31346 Filed 12–13–99; 8:45 am] Public participation will be important the completion of the final EIS, may be during the analysis. Reviewers may refer waived or dismissed by the courts. City BILLING CODE 3410±11±M to the Council on Environmental of Angoon v. Hodel, 803 F.2d. 1016, Quality Regulations for implementing 1022 (9th Cir. 1986) and Wisconsin the procedural provisions of the Heritages, Inc. v. Harris, 409 F. Supp. national Environmental Policy Act at 40 1334, 1338 (E.D. Wis. 1980). Because of CFR 1501.7. The Forest Service will these court rulings it is very important seek written concerns and comments that those interested in this Proposed regarding the Proposed Action from Action participate by the close of the 45 Federal, State, and local agencies, any day comment period so that substantive
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DEPARTMENT OF COMMERCE countervailing duty order, finding, or Department) Regulations (19 CFR suspended investigation. 351.213 (1997)), that the Department International Trade Administration conduct an administrative review of that Background antidumping or countervailing duty Antidumping or Countervailing Duty order, finding, or suspended Order, Finding, or Suspended Each year during the anniversary investigation. Investigation; Opportunity To Request month of the publication of an Administrative Review antidumping or countervailing duty Opportunity To Request a Review order, finding, or suspension of Not later than the last day of AGENCY: Import Administration, investigation, an interested party, as December 1999, interested parties may International Trade Administration, defined in section 771(9) of the Tariff request administrative review of the Department of Commerce. Act of 1930, as amended, may request, following orders, findings, or suspended ACTION: Notice of opportunity to request in accordance with section 351.213 of investigations, with anniversary dates in administrative review of antidumping or the Department of Commerce (the December for the following periods:
Period
Antidumping duty proceedings:
BRAZIL: A±351±602 .. Certain Carbon Steel Butt-Weld Pipe Fittings ...... 12/1/98Ð11/30/99 BRAZIL: A±351±824 .. Silicomanganese ...... 12/1/98Ð11/30/99 CANADA: A±122±047 Elemental Sulphur ...... 12/1/98Ð11/30/99 GERMANY: A±428± Animal Glue and Inedible Gelatin ...... 12/1/98Ð11/30/99 062. INDIA: A±533±808 ..... Stainless Steel Wire Rod ...... 12/1/98Ð11/30/99 JAPAN: A±588±809 ... Business Telephone Systems & Subassemblies Thereof ...... 12/1/98Ð11/30/99 JAPAN: A±588±405 ... Cellular Mobile Telephones and Subassemblies ...... 12/1/98Ð11/30/99 JAPAN: A±588±811 ... Drafting Machines and Parts Thereof ...... 12/1/98Ð11/30/99 JAPAN: A±588±046 ... Polychloroprene Rubber ...... 12/1/98Ð11/30/99 JAPAN: A±588±068 ... P.C. Steel Wire Strand ...... 12/1/98Ð11/30/99 MEXICO: A±201±504 Porcelain-on-Steel Cooking Ware ...... 12/1/98Ð11/30/99 NEW ZEALAND: A± Low-Fuming Brazing Copper Wire & Rod ...... 12/1/98Ð11/30/99 614±502. SOUTH KOREA: A± Welded ASTM A±312 Stainless Steel Pipe ...... 12/1/98Ð11/30/99 580±810. SWEDEN: A±401±603 Welded Hollow Products ...... 12/1/98Ð11/30/99 TAIWAN: A±583±806 Business Telephone Systems & Subassemblies Thereof ...... 12/1/98Ð11/30/99 TAIWAN: A±583±605 Carbon Steel Butt-Weld Pipe Fittings ...... 12/1/98Ð11/30/99 TAIWAN: A±583±508 Porcelain-On-Steel Cooking Ware ...... 12/1/98Ð11/30/99 TAIWAN: A±583±815 Welded ASTM A±312 Stainless Steel Pipe ...... 12/1/98Ð11/30/99 THE PEOPLE'S RE- Cased Pencils ...... 12/1/98Ð11/30/99 PUBLIC OF CHINA: A±570±827. THE PEOPLE'S RE- Porcelain-on-Steel Cooking Ware ...... 12/1/98Ð11/30/99 PUBLIC OF CHINA: A±570±506. THE PEOPLE'S RE- Silicomanganese ...... 12/1/98Ð11/30/99 PUBLIC OF CHINA: A±570±828.
Countervailing Duty Proceedings
MEXICO: C±201±505 Porcelain-on-Steel Cooking Ware ...... 1/1/98Ð12/31/98
Suspension Agreements
None
In accordance with section 351.213 of Commerce Regulations, 62 FR 27295, sales of merchandise by an exporter (or the regulations, an interested party as 27424 (May 19, 1997)). Therefore, for a producer if that producer also exports defined by section 771(9) of the Act may both antidumping and countervailing merchandise from other suppliers) request in writing that the Secretary duty reviews, the interested party must which were produced in more than one conduct an administrative review. The specify for which individual producers country of origin and each country of Department has changed its or exporters covered by an antidumping origin is subject to a separate order, then requirements for requesting reviews for finding or an antidumping or the interested party must state countervailing duty orders. Pursuant to countervailing duty order it is specifically, on an order-by-order basis, 771(9) of the Act, an interested party requesting a review, and the requesting which exporter(s) the request is must specify the individual producers party must state why it desires the intended to cover. or exporters covered by the order or Secretary to review those particular Seven copies of the request should be suspension agreement for which they producers or exporters. If the interested submitted to the Assistant Secretary for are requesting a review (Department of party intends for the Secretary to review Import Administration, International
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Trade Administration, Room 1870, U.S. SUMMARY: On June 8, 1998, the hearings on November 4, 1999. We have Department of Commerce, 14th Street & Department of Commerce (‘‘the now completed this administrative Constitution Avenue, NW, Washington, Department’’) published the preliminary review in accordance with section DC 20230. The Department also asks results of its administrative review of 751(a) of the Act. the antidumping duty order on dynamic parties to serve a copy of their requests Scope of Review to the Office of Antidumping/ random access memory semiconductors Countervailing Enforcement, Attention: of one megabit or above (‘‘DRAMs’’) Imports covered by the review are Sheila Forbes, in room 3065 of the main from the Republic of Korea (‘‘Korea’’). shipments of DRAMs from Korea. Commerce Building. Further, in The review covers two manufacturers/ Included in the scope are assembled and accordance with section 351.303(f)(l)(i) exporters of the subject merchandise to unassembled DRAMs. Assembled of the regulations, a copy of each the United States and one reseller for DRAMs include all package types. request must be served on every party the period May 1, 1997, through April Unassembled DRAMs include processed on the Department’s service list. 30, 1998. The two manufacturers/ wafers, uncut die, and cut die. The Department will publish in the exporters are Hyundai Electronics Processed wafers produced in Korea, Federal Register a notice of ‘‘Initiation Industries, Co. (‘‘Hyundai’’), and LG but packaged or assembled into memory of Administrative Review of Semicon Co., Ltd. (‘‘LG’’). The reseller is modules in a third country, are included Antidumping or Countervailing Duty the G5 Corporation (‘‘G5’’). in the scope; wafers produced in a third Order, Finding, or Suspended As a result of our analysis of the country and assembled or packaged in Investigation’’ for requests received by comments received, we have changed Korea are not included in the scope. the last day of December 1999. If the the results from those presented in our The scope of this review includes Department does not receive, by the last preliminary results of review. memory modules. A memory module is a collection of DRAMs, the sole function day of December 1999, a request for EFFECTIVE DATE: December 14, 1999. of which is memory. Modules include review of entries covered by an order, FOR FURTHER INFORMATION CONTACT: single in-line processing modules finding, or suspended investigation Thomas Futtner, Alexander Amdur (‘‘SIPs’’), single in-line memory modules listed in this notice and for the period (‘‘Hyundai’’), or John Conniff (‘‘LG’’), (‘‘SIMMs’’), or other collections of identified above, the Department will AD/CVD Enforcement, Group II, Office DRAMs, whether unmounted or instruct the Customs Service to assess IV, Import Administration, International mounted on a circuit board. Modules antidumping or countervailing duties on Trade Administration, U.S. Department that contain other parts that are needed those entries at a rate equal to the cash of Commerce, 14th Street and to support the function of memory are deposit of (or bond for) estimated Constitution Avenue, N.W., covered. Only those modules which antidumping or countervailing duties Washington, D.C. 20230; telephone: contain additional items which alter the required on those entries at the time of (202) 482–3814, (202) 482–5346, and function of the module to something entry, or withdrawal from warehouse, (202) 482–1009, respectively. other than memory, such as video for consumption and to continue to SUPPLEMENTARY INFORMATION: graphics adapter (‘‘VGA’’) boards and collect the cash deposit previously cards, are not included in the scope. ordered. Applicable Statute and Regulations The scope of this review also includes This notice is not required by statute Unless otherwise stated, all citations video random access memory but is published as a service to the to the Tariff Act of 1930, as amended semiconductors (‘‘VRAMS’’), as well as international trading community. (‘‘the Act’’), are references to the any future packaging and assembling of Dated: December 6, 1999. provisions as of January 1, 1995, the DRAMs; and, removable memory Holly A. Kuga, effective date of the amendments made modules placed on motherboards, with Acting Deputy Assistant Secretary for Group to the Act by the Uruguay Round or without a central processing unit II, AD/CVD Enforcement. Agreements Act (‘‘URAA’’). In addition, (‘‘CPU’’), unless the importer of [FR Doc. 99–32397 Filed 12–13–99; 8:45 am] unless otherwise indicated, all motherboards certifies with the Customs BILLING CODE 3510±DS±M references to the Department’s Service that neither it nor a party related regulations are to 19 CFR 351 (1998). to it or under contract to it will remove the modules from the motherboards DEPARTMENT OF COMMERCE Background after importation. The scope of this On June 8, 1999, the Department review does not include DRAMs or International Trade Administration published in the Federal Register (64 memory modules that are reimported for FR 30481) the preliminary results of its repair or replacement. [A±580±812] administrative review of the The DRAMS and modules subject to antidumping duty order on DRAMs this review are currently classifiable Dynamic Random Access Memory from Korea. On September 13, 1999, we under subheadings 8471.50.0085, Semiconductors of One Megabit or released information to interest parties 8471.91.8085, 8542.11.0024, Above From the Republic of Korea: pertaining to possible unreported sales 8542.11.8026, 8542.13.8034, Final Results of Antidumping Duty by LG. On October 7, 1999, LG and an 8471.50.4000, 8473.30.1000, Administrative Review and interested party submitted factual 8542.11.0026, 8542.11.8034, Determination Not To Revoke the information relevant to this issue. We 8471.50.8095, 8473.30.4000, Order in Part also gave interested parties an 8542.11.0034, 8542.13.8005, AGENCY: Import Administration, opportunity to comment on this 8471.91.0090, 8473.30.8000, International Trade Administration, information and our preliminary review 8542.11.8001, 8542.13.8024, Department of Commerce. results. 8471.91.4000, 8542.11.0001, The petitioner, Micron Technology, 8542.11.8024 and 8542.13.8026 of the ACTION: Notice of final results of Inc. (‘‘Micron’’), Hyundai, and LG Harmonized Tariff Schedule of the antidumping duty administrative review submitted case briefs on October 21, United States (‘‘HTSUS’’). Although the and determination not to revoke the 1999, and rebuttal briefs on October 28, HTSUS subheadings are provided for order in part. 1999. We held both public and closed convenience and customs purposes, the
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Department’s written description of the described in detail below, the above- G5 scope of this review remains referenced companies failed to provide dispositive. the necessary information in the form For purposes of the preliminary results, the Department concluded that, and manner requested, and, in some Determination Not To Revoke because G5 failed to respond to the instances, the submitted information Department’s questionnaire, a LG submitted a request for revocation could not be verified. Thus, pursuant to from the order covering DRAMs from determination based on total adverse FA section 776(a) of the Act, the was warranted for this company. We, Korea pursuant to 19 CFR 351.222(b)(2). Department is required to apply, subject Under the Department’s regulations, the accordingly, assigned an adverse FA to section 782(d), facts otherwise Department may revoke an order, in rate and articulated detailed reasons for available. part, if the Secretary concludes that: (1) our decision in Dynamic Random [o]ne or more producers or resellers Section 782(d) of the Act provides Access Memory Semiconductors of One covered by the order have sold the that, if the Department determines that Megabit or Above From the Republic of merchandise at not less than [normal] a response to a request for information Korea: Preliminary Results of value for a period of at least three does not comply with the request, the Antidumping Duty Administrative consecutive years; (2) [i]t is not likely Department will inform the person Review and Notice of Intent Not To that those persons will in the future sell submitting the response of the nature of Revoke Order in Part, 64 FR 30481 (June the merchandise at less than normal the deficiency and shall, to the extent 8, 1999) (‘‘Preliminary Results’’). value (‘‘NV’’); and (3) the producers or practicable, provide that person the For the final results, no interested resellers agree in writing to the opportunity to remedy or explain the party comments were submitted immediate reinstatement of the order, as deficiency. If that person submits regarding this issue and we continue to long as any producer or reseller is further information that continues to be find that G5’s failure to respond to the subject to the order, if the Secretary unsatisfactory, or this information is not Department’s questionnaire in this concludes that the producer or reseller, submitted within the applicable time review demonstrates that it failed to subsequent to the revocation, sold the limits, the Department may, subject to cooperate by not acting to the best of its merchandise at less than NV. See 19 section 782(e), disregard all or part of ability. Thus, consistent with the CFR 351.222(b)(2). In this case, LG does the original and subsequent responses, Department’s practice in cases where a not meet the first criterion for as appropriate. respondent fails to respond to the revocation. The Department found that Department’s questionnaire, in selecting LG sold the subject merchandise at less Pursuant to section 782(e) of the Act, notwithstanding the Department’s FA for G5 in this review, an adverse than NV during the previous review inference is warranted. Therefore, we period. See DRAMs from the Republic of determination that the submitted information is ‘‘deficient’’ under section are assigning G5 an adverse FA rate of Korea: Final Results of Antidumping 10.44 percent, the rate calculated for Duty Administrative Review, 63 FR 782(d) of the Act, the Department shall not decline to consider such Hyundai in this review and the highest 50867 (September 23, 1998) (‘‘Final margin from any segment of the information if all of the following Results 1998’’). Since LG has not met proceeding related to DRAMS from requirements are satisfied: (1) The the first criterion for revocation, i.e., Korea. zero or de-minimis margins for three information is submitted by the consecutive reviews, the Department established deadline; (2) the information LG need not reach a conclusion with can be verified; (3) the information is not so incomplete that it cannot serve as Based on information obtained from respect to the other criteria. Therefore, Customs, the Department preliminarily a reliable basis for reaching the on this basis, we have determined not determined, as it had in the prior applicable determination; (4) the to revoke the Korean DRAM review, that numerous sales which LG interested party has demonstrated that it antidumping duty order with respect to had reported as third-country sales, acted to the best of its ability; and (5) LG. In light of this decision, interested were in fact sales to the United States. the information can be used without party comments on revocation are moot See Preliminary Results. For the final and will not be addressed further in undue difficulties. results, we have considered interested these final results. 2. Selection of FA party comments (see the Department Facts Available (‘‘FA’’) Position to LG Comment 1) and In selecting from among the facts In accordance with section 776(a) of continue to find that sales which LG otherwise available, section 776(b) of the Act, we have determined that the had reported as third-country sales, the Act authorizes the Department to use of adverse FA is warranted for LG were in fact sales to the United States. use an adverse inference if the and G5 for these final results of review. See Memorandum for Holly A. Kuga, Department finds that an interested from John Conniff regarding Dynamic 1. Application of FA party failed to cooperate by not acting Random Access Memory Section 776(a) of the Act provides to the best of its ability to comply with Semiconductors of One Megabit and that, if an interested party withholds the request for information. See, e.g., Above (DRAMs) from the Republic of information that has been requested by Certain Welded Carbon Steel Pipes and Korea—LG Sales through Mexico, the Department, fails to provide such Tubes From Thailand: Final Results of December 3, 1999. information in a timely manner or in the Antidumping Duty Administrative Similarly, on January 4, 1999, the form or manner requested, significantly Review, 62 FR 53808, 53819–20 (Oct. Department received an e-mail from a impedes a proceeding under the 16, 1997) (Pipe and Tubes From former LG employee stating that LG was antidumping statute, or provides Thailand). In this segment of the shipping subject merchandise from information which cannot be verified, proceeding, the Department has Korea to the United States through a the Department shall use, subject to determined that it is appropriate to customer in Europe and these sections 782(d) and (e), facts otherwise apply in these final review results total shipments were being made with the available in reaching the applicable adverse facts available to both LG and knowledge and support of LG’s senior determination. In this review, as G5. management.
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At verification, LG submitted the opportunity to explain its On January 26, 1999, the Department information related to these sales which deficiencies with respect to unreported requested evidence that unaffiliated had been made by its German U.S. sales. See September 22, 1999, purchasers will ultimately pay the subsidiary, LG Germany (‘‘LGSG’’). letter. However, LG failed to correct antidumping duties to be assessed on Subsequently, the Department queried these deficiencies. Thus, the entries during the review period. Customs to determine if any of the sales Department is required, under section Neither Hyundai nor LG provided any by LGSG to the European customer in 782(d) to apply, subject to section evidence in response to the question had entered the United States. 782(d) of the Act, FA. Department’s request. Accordingly, Customs data revealed entries covering We further determine that LG failed to based on the record, we cannot Korean DRAMs imports into the United satisfy several of the requirements conclude that the unaffiliated purchaser States by the European customer’s enunciated by 782(e) of the Act. First, in the United States will ultimately pay affiliate in the United States. The LG failed to report a significant portion the assessed duty. Therefore, we find quantities and values of DRAMs shown of the company’s U.S. sales data. that antidumping duties have been in the entries were substantially Second, because the unreported sales absorbed by the producer or exporter identical to the quantities and values of are significant, LG’s U.S. sales data is so during the POR. For further discussion, DRAMs reflected on the invoices incomplete that it cannot serve as a see DOC position to general comment 5. between LGSG and the European reliable basis for reaching the applicable customer in question. Documentation determination pursuant to subsection Fair Value Comparisons from randomly selected sample entries (e)(3). Third, LG did not demonstrate Unless otherwise noted, to determine covering transactions between the that it acted to the best of its ability in whether sales of subject merchandise European customer and its U.S. providing the necessary information from Korea to the United States were operation confirm that the DRAMs in under subsection (e)(4). Fourth, given made at less than fair value, we question were manufactured in Korea by the incompleteness of LG’s responses, compared the Constructed Export Price LG. the information could not be used (‘‘CEP’’) to the NV, as described in the In August 1999, information was without undue difficulties, as required ‘‘Constructed Export Price’’ and provided to the Department by a former by subsection (e)(5). We thus find that ‘‘Normal Value’’ sections of the LG employee familiar with and LG did not act to the best of its ability preliminary results of review notice. See responsible for worldwide sales to the to comply with the request for Dynamic Random Access Memory customer in question during the period information under section 776(b) and Semiconductors (‘‘DRAMs’’) of One of review (‘‘POR’’). He stated that at the that, under section 776(b), an adverse Megabit or Above from the Republic of time that he sold DRAMs to the inference is warranted. Therefore, we Korea, 64 FR 40481, (June 8, 1999) customer in question in Europe, he had are assigning LG an adverse FA rate of (‘‘Preliminary Results’’). knowledge the DRAMS were ultimately 10.44 percent, the rate calculated for destined for the customer’s operation in Hyundai in this review, which is the Interested Party Comments the United States. See Memorandum for highest margin from any of the General Comments Holly A. Kuga, from John Conniff proceedings related to DRAMS from regarding Dynamic Random Access Korea. Comment 1: Deferral of Research and Memory Semiconductors of One Development (‘‘R&D’’) Expenses. Duty Absorption Megabit and Above (DRAMs) from the Hyundai and LG argue that the Republic of Korea—LG Sales Through On July 27, 1998, the petitioner Department erred in rejecting their Germany, December 6, 1999 (‘‘LG Sales requested that the Department accounting methodology for the Through Germany Memo’’). determine whether antidumping duties amortization and deferral of R&D On September 13, 1999, LG was had been absorbed during the POR. expenses. Hyundai and LG, citing to provided with information collected by Section 751(a)(4) of the Act provides for Micron Technology v. United States, 893 the Department related to this matter the Department, if requested, to F. Supp. 21, 28 (U.S. Court of and on September 22, 1999, LG was determine during an administrative International Trade (‘‘CIT’’) 1995) provided an opportunity to submit review initiated two or four years after (‘‘Micron I’’), The Thai Pineapple Public factual information and comments the publication of the order, whether Co., Ltd. v. United States, 187 F.3d concerning this issue. See Letter from antidumping duties have been absorbed 1362, 1366 (Fed. Cir. 1999), NTN the Department to Michael House, Esq. by a foreign producer or exporter, if the Bearing Corp. v. United States, 17 CIT regarding Dynamic Random Access subject merchandise is sold in the 713, 826 F. Supp. 1435, 1441 (1993), Memory Semiconductors of One United States through an affiliated Ipsco, Inc. v. United States, 12 CIT 384, Megabit (DRAMs) from the Republic of importer. In this case, both Hyundai and 687 F. Supp. 633, 636 & n.3 (1988), Korea, September 22, 1999 (‘‘September LG sold to the United States through Color Television Receivers from Korea, 22, 1999, letter’’). On October 7, 1999, importers that are affiliated within the 53 FR 24975, 24982 (July 1, 1988) LG submitted factual information and meaning of sections 751(a)(4) and (‘‘CTVs from Korea’’), and Gilbert B. on October 21, 1999, and October 28, 771(33) of the Act. Kaplan, Marie Parker, et. al., Cost 1999, LG also presented comments and Section 351.213(j)(2) of the Analysis Under the Antidumping Law, arguments on this matter in its case Department’s regulations provides that 21 George Wash. J. Int’l L. & Econ. 357, briefs and rebuttal briefs. for transition orders (i.e., orders in effect 373–74 (1988), contend that the Based on the record evidence the on January 1, 1995), the Department will accounting methodology at issue is in Department concluded that LG knew at conduct duty absorption reviews, if conformity with Article 70.5 of Korean the time it sold the subject DRAMS, that requested, for administrative reviews generally accepted accounting the merchandise was destined for initiated in 1996 or 1998. Because the principles (‘‘GAAP’’), and under section consumption in the United States. See order underlying this review was issued 773(f)(1)(A) of the Act, the Department LG Sales Through Germany Memo. As prior to January 1, 1995, and this review must accept this methodology unless it LG did not report these sales, in was initiated in 1998, we will make a finds that the reported costs are accordance with section 782(d) of the duty absorption determination in this distortive. Hyundai contends that the Act, the Department provided LG with segment of the proceeding. Act’s preference for the exporting
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69697 country GAAP reflects Article 2.2.1.1 of development of new generations of maintains that although the FASB the WTO Antidumping Agreement, and products will benefit future periods by subsequently tabled this proposal, the that the Department has followed such providing sales revenues for improved FASB has plans to eventually consider a preference in numerous cases, products. the treatment of all R&D, and the including Steel Wire Rod from Canada, Hyundai further argues that the Department cannot use a standard with 63 FR 9182 (February 28, 1998), amortization and deferral of R&D such an uncertain future to judge the Collated Roofing Nails from Korea, 62 expenses under Korean GAAP conforms validity of Korean GAAP. FR 51420, 51423 (October 1, 1997); to the principles of International Hyundai also argues that its method Ferrosilicon from Brazil, 62 FR 43504, Accounting Standard (‘‘IAS’’) No. 9, of recognizing R&D is consistent with 43511 (August 14, 1997); Polyethylene which is intended to match costs with both accounting theory and the SAA. Terephthalate Film, Sheet, and Strip products that benefit from those Hyundai notes that Eiden Hendricksen, from the Republic of Korea, 61 FR expenditures, and not, as the in Accounting Theory, (Irwin 1992), at 35177, 35179 (July 5, 1996); Certain Department suggests, to ‘‘alleviate losses 650, endorses the matching of R&D Corrosion-Resistant Carbon Steel Flat listed on a company’s financial expenses with ‘‘the period benefitted,’’ Products from Korea, 61 FR 18547, statement.’’ Hyundai states that the and the SAA, at 835, specifically 18568 (April 26, 1996); and Industrial Department explicitly endorsed IAS No. condones allocating R&D costs over Nitrocellulose from France, 48 FR 9 as the basis for amortizing R&D current and future production in order 21615, 21617 (May 13, 1983). expenses for products, including to match the expenditures with the Hyundai and LG further contend that semiconductors, in Erasable production that benefits from the there is no basis for finding that Programmable Read Only Memories expenditures. Hyundai contends that its Hyundai’s reported R&D costs are (EPROMs) from Japan, 51 FR 39680, R&D methodology is particularly distortive. Hyundai and LG state that in 39682 (October 30, 1986), and Cellular appropriate for the semiconductor Micron I, 893 F. Supp. at 29, the CIT Mobile Telephones and Subassemblies industry in general, and Hyundai in specifically held that, for the DRAM from Japan, 50 FR 45447, 45453 particular. Hyundai states that the industry, the amortization of R&D (October 31, 1985) (‘‘Cell Phones from nature of its R&D activities, its emphasis expenses, as allowed by Korean GAAP, Japan’’), and did not rely upon U.S. on development of specific products, is not distortive, and that the three to GAAP to reject amortization of R&D and the steady flow of next generation five-year amortization period allowed until it issued its decision (which was products, contrary to the rationale of by Korean GAAP was more reasonable subsequently overturned by the CIT) in FASB No. 2, produce ‘‘direct and than the Department’s expensing Dynamic Random Access Memory immediate’’ benefits. Hyundai argues methodology. LG states that the Court’s Semiconductors of One Megabit and that a large part of its 1997 R&D logic in Micron I applies to LG’s deferral Above from Korea, 58 FR 15467, 15472 expenditures were for products that of certain R&D expenses until the (March 23, 1993) (‘‘Final were to be sold in 1998 and 1999, while related projects achieve commercial Determination’’). Hyundai also notes the other part of its R&D expenditures realization, as this methodology allows that the principles of IAS No. 9 are involves products that are expected by R&D costs to be allocated over the recognized in Canadian and British the Semiconductor Industry Association commercial life of the product. Hyundai accounting standards. to be available within the next five also states that, in DRAMs from Korea, Hyundai contends that, in view of its years. Hyundai concludes that its 61 FR 20216, 20219 (May 6, 1996) ‘‘virtual isolation,’’ the treatment of R&D treatment of R&D reasonably reflects the (‘‘Final Results 1996’’), the first under U.S. GAAP should not be cost of producing the subject administrative review of this automatically accepted as the standard merchandise. proceeding, the Department complied for determining whether costs are Hyundai additionally contends that with this ruling in its treatment of LG’s distorted under section 773(f)(1)(A) of the Department improperly rejected R&D expenses. the Act. Hyundai notes that U.S. GAAP Hyundai’s accounting treatment of R&D Hyundai points out that, in CTVs requires the expensing of R&D expenses on the grounds that Hyundai, from Korea, 53 FR at 24982, Certain expenditures because of the under the SAA at 834, had not Welded Stainless Steel Pipe from the ‘‘presumed’’ absence of a relationship demonstrated that it had historically Republic of Korea, 57 FR 53693 between R&D expenditures and utilized such a methodology. Hyundai (November 12, 1992) (‘‘Pipe from subsequent benefits, whereas Hyundai’s states that behind this statement in the Korea’’), and Polyethylene own experience demonstrates the direct SAA is the need to justify the Terephthalate Film, Sheet, and Strip link between R&D expenditures and the appropriate period for amortizing from the Republic of Korea, 56 FR 16305 revenues derived from the sale of later expenses that benefit future production. (April 22, 1991) (‘‘PET Film from generations of DRAMs. Hyundai also Hyundai, citing to the Micron I decision, Korea’’), the Department explicitly notes that the U.S. practice of expensing contends that there is a history in the allowed the amortization of R&D R&D in Financial Accounting Standards Korean semiconductor industry of expenses pursuant to Korean GAAP. Board (‘‘FASB’’) Standard No. 2 has amortizing R&D expenses over five Hyundai maintains that amortizing R&D been criticized by accounting experts, years. Hyundai also adds that the SAA expenses is just as appropriate in the such as Baruch Lev and Theodore at 834 is directed at changes in present case as it was in those cases. Sougiannis in ‘‘The Capitalization, depreciation, and not R&D, Hyundai also maintains that the Amortization, and Value-Relevance of methodology. Department, in Steel Wire Rod from R&D,’’ 21 Journal of Accounting & Hyundai further maintains that, in Canada, 63 FR 9182, 9187 (February 24, Economics, 107, 134 (1996), and is accordance with other standards stated 1998), recognized that it is not distortive under review by the FASB. Hyundai by the Department, its new R&D for a company to defer expenses that states that the FASB has proposed to methodology better reflects the actual will benefit future operations. Hyundai abandon the U.S. GAAP requirement for costs incurred in producing the subject states that, in much the same manner, expensing in-process R&D acquired in a merchandise than the prior it is reasonable for Hyundai to spread corporate acquisition in the year of methodology because it matches the R&D costs over future periods because acquisition, and require the cost of R&D with the products that Hyundai’s R&D expenses for the amortization of such R&D. Hyundai benefit from the R&D. Hyundai also
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69698 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices states that there is no risk that its R&D R&D expenses subject to amortization. that the Court ruled that Department costs will never be reflected in the LG notes that all prior years’ R&D had failed to articulate a reasoned dumping calculations. Hyundai notes expenses have already been included by analysis in support of its decision to that Korean GAAP provides for the the Department in prior review periods, expense R&D. Micron also states that the unamortized, deferred balance of R&D and argues that the CIT, in the Micron respondents’ claim that they amortize costs to be expensed immediately if the II decision, ruled that the Department R&D over the period of the DRAM ‘‘life possibility of realizing revenue from an may not penalize LG for changing cycle’’ noted by the Court in Micron I in R&D project is remote. Hyundai asserts accounting methodologies in the normal order to correspond to the life cycle of that the Department’s statement that, course of business. LG states that, under their products is a ‘‘post-hoc under this provision, Hyundai ‘‘could the Department’s reasoning, a company rationalization’’ that is not supported by potentially . . . never recognize any of would never be able to change from documents prepared by the respondents the R&D expenses’’ deferred implies that expensing any cost to amortizing that in the normal course of business. Hyundai’s auditors would allow the cost, because the cost in a transition Micron adds that Korean GAAP does company to violate GAAP by deferring year would always be reduced from not specifically relate the amortization R&D expenses indefinitely, and ignores prior years as a result of the transition. period to the life cycle of the product, the fact that Hyundai stated in its LG also points out that the and notes that a company could be questionnaire response that it is Department’s concerns about its conducting R&D on a product with a following this requirement. Hyundai complete deferral of certain R&D much shorter life cycle than DRAMs, adds that all R&D costs that were expenses are misplaced. LG states that amortize the costs over five years, and incurred in prior years have already all of the deferred R&D projects are still be within Korean GAAP. Micron been captured by the Department in the those of which there was no current also notes, that, in any case, FASB No. cost calculations of this review and production, and no related revenue. LG 2 clearly states there is no direct prior reviews, and all current R&D also asserts that the Department’s relationship between R&D expenditures expenditures will be captured in this position that R&D related to these future and future benefits. review and subsequent reviews. generation projects’ benefits current Micron further distinguishes the LG contends that the Department’s production is not supported by the present case from Micron I. First, decision at issue is also inconsistent record. Micron maintains that, unlike the with the CIT’s decision after remand in Micron contends that the Department situation in Micron I, the respondents, Micron Technology v. United States, correctly rejected Hyundai and LG’s in addition to amortization, adopted a Slip Op. 99–51 (June 16, 1996) (‘‘Micron accounting method for R&D expenses as new, ‘‘inherently uncertain’’ accounting II’’). LG, citing to Micron II, Slip Op. 99– distortive of costs, and issued a legally approach to R&D by completely 51 at 5, states that Court found that the sound determination on this issue. deferring R&D costs until they Department’s concern over costs that Micron, citing to the SAA at 834, ‘‘arbitrarily foresee any possibility of would never be included in any review Certain Small Business Telephone realizing revenue.’’ Micron also notes was a ‘‘red herring,’’ and that such Systems and Subassemblies Thereof that the Department fully explained concerns in the present case are From Korea, 54 FR 53141, 53149 how this approach affected the similarly misplaced, as the R&D costs (December 27, 1989), Certain Cold- respondent’s reported costs. Second, that are deferred and amortized in this Rolled and Corrosion-Resistant Carbon Micron argues that, unlike the situation review period will be captured in Steel Flat Products From Korea, 64 FR in Micron I, the respondents have subsequent periods. LG also states that 12927, 12944 (March 16, 1999), and repeatedly changed their accounting the Court, in the same decision, found Foam Extruded PVC and Polystyrene methodologies for R&D throughout the that the Department’s concern that LG Framing Stock From the United course of this proceeding, and distorted would change its accounting procedures Kingdom, 61 FR 51411, 51418 (October costs, in order to affect their apparent to achieve favorable antidumping 2, 1996), states that the issue is not profitability. In specific regards to treatment made ‘‘little, if any, business whether the Department has allowed Hyundai, Micron states that Hyundai sense’’ (see Id. at 6), and in this review, R&D to be expensed or amortized in offered no substantive reason for this the Department has even acknowledged other cases, but whether a company’s accounting change, and simply changed that LG did not change its R&D own records, even when kept in its methodology without any change in accounting method for antidumping accordance with local GAAP, distort the nature of its R&D. Third, in Micron purposes. costs. Micron, citing to the SAA at 834, I, because the history of the LG also states that, since it changed Mechanical Transfer Presses From respondent’s accounting changes was its accounting methodology for R&D Japan, 55 FR 335 (January 4, 1990), and not before the Court, the Court had no expenses in the normal course of Static Random Access Memory basis to consider, as it would now, the business, it must show only, as in PET Semiconductors From Taiwan, 63 FR respondent’s inability to show that they Film from Korea, 56 FR at 16312–13, 8909, 8921–22 (February 23, 1998) have ‘‘historically utilized’’ such that its methodology is not distortive, (‘‘SRAMs from Taiwan’’), further states allocations, as required by the SAA at and does not have to justify its change that the Department determines whether 834. in methodology. In this regard, LG costs are distortive by looking to U.S. Micron disagrees with LG that the points out that the CIT ruled in Micron GAAP for the industry in question, and Department’s treatment of LG’s R&D I that amortization of DRAM R&D costs the Department, in the instant case, expenses conflicts with the Micron II is not distortive, and is more reasonable fully explained how the respondents’ decision. Micron states that this than expensing R&D costs in the year accounting for R&D was distortive under decision is irrelevant to LG’s situation incurred. U.S. GAAP. because it only concerned R&D that was LG further states that its R&D expense Micron maintains that the Court, in previously incurred but not expensed, is lower in 1997, as noted by the Micron I, 893 F. Supp. at 29, did not and prior to this review period, LG had Department, purely as a result of the rule as a matter of law either that the no such R&D expenses. transition in methodologies from Department must amortize R&D costs, or Micron further argues, expensing to amortizing, since in the that Korean GAAP reasonably reflects notwithstanding the issue of whether transition year there are no prior years’ R&D costs; rather, Micron points out the Department, under the Act, should
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69699 defer to international accounting and LG Semicon, Ltd.,’’ dated June 1, are recognizing an aberrationally low standards over U.S. GAAP when the two 1999 (‘‘R&D Memo’’), Hyundai and LG amount of R&D expenses. standards differ, that the international have repeatedly changed their A second methodology that further standards Hyundai discusses are not accounting method for R&D expenses distorts Hyundai’s and LG’s reported inconsistent with the Department’s throughout the course of these costs is their new practice of analysis. Micron states that both U.S. proceedings (i.e., from capitalizing and indefinitely capitalizing certain R&D GAAP, under FASB No. 2, and amortizing, to expensing in the year costs. Apart from R&D costs that are international standards, under IAS 9, incurred, and now back to capitalizing amortized over five years, Hyundai and both recognize that R&D expenses, in at and amortizing) and are now deferring LG are now completely deferring R&D least some instances, cannot be matched certain R&D expenses indefinitely. See costs for certain long-term projects until to revenues because the benefits of R&D R&D Memo at 2. As a result, the they realize revenues from these cannot be discerned at the time the costs respondents recognize, in relation to projects, or until they foresee no are incurred. In relating this guideline to amounts that would be recognized if possibility of realizing revenue from these projects. While in prior years, the Hyundai and LG, Micron states that either method was constantly applied, respondents recognized all of this type neither respondent demonstrated during aberrationally high amounts of R&D of R&D expense in the year incurred, 1996 and 1997 that they could have expense in some years, and associated future revenues and current under the new methodology, none of aberrationally low amounts of R&D revenue with any reasonable certainty, this R&D expense is recognized in the expense in other years, that do not especially in light of the downturn in current year. Moreover, this reasonably reflect the costs of producing the DRAM market and the economic methodology is contrary to the principle crisis in South Korea at that time. the subject merchandise. For example, of conservatism in accounting where an Micron further generally states that R&D in the first administrative review of this expense is recognized when incurred if may benefit future generations, but at proceeding, LG changed its method for the probability of associated revenue is the time that R&D is incurred, one recognizing R&D expenses from remote or uncertain. Therefore, we find cannot tell when or whether R&D will capitalizing and amortizing R&D that, for dumping purposes, this produce a commercially successful expenses over five years to expensing in methodology does not reasonably reflect result; and amortizing R&D expense full in the current year. See DRAMs the cost of producing the subject over a number of years is a ‘‘self-serving from Korea, 61 FR 20216, 20219 (May 6, merchandise. guess.’’ 1996) (‘‘Final Results 1996’’) and Micron Hyundai and LG, by continually DOC Position: Section 773(f)(1)(A) of II, Slip Op. 99–551. In that year, LG changing their R&D accounting the Act, directs to the Department to recognized, in addition to its current methodologies, are manipulating the rely ‘‘on the records of the exporter or year R&D expense, R&D expenses from magnitude of the R&D expenses that producer of the merchandise, if such its balance sheet which it had they are recognizing, and reporting to records are kept in accordance with the capitalized in prior years (as part of its the Department. This switching of GAAP of the exporting country (or the capitalizing and amortizing methodologies can lead to distortions producing country where appropriate) methodology) and not yet amortized and for antidumping purposes because the and reasonably reflect the costs recognized on its income statement. fluctuating costs tend to overstate per associated with production and sale of Consequently, in that year, LG unit amounts in one period and the merchandise.’’ Section 773(f)(1)(A) recognized the full amount of R&D understate these amounts in other of the Act also states that the expenses incurred in that current year periods. The CIT has noted the Department will consider whether (under its expensing methodology) as distortion that such changes in R&D ‘‘such allocations have been historically well as all of the previously accounting methodologies can cause. In used by the exporter or the producer.’’ unamortized and unrecognized amounts Micron II (which relates to the first Further, as explained in the SAA, ‘‘[t]he of R&D expenses remaining on its review of this proceeding, when LG exporter or producer will be expected to balance sheet from prior years. LG thus switched from amortizing to expensing demonstrate that it has historically recognized in that year significantly R&D costs currently), the Court ruled utilized such allocations, particularly higher than normal amounts of R&D that it was distortive for the Department with regard to the establishment of expenses than it would have under the to include in its calculations, as LG appropriate amortization and consistent application of either included in its own books and records, depreciation periods and allowances for methodology. both the current year’s R&D expenses capital expenditures and other and the unamortized amount of prior development costs.’’ See SAA at 834. In the current review period, Hyundai years R&D expenses. See Micron II, Slip See also Final Results 1998, 63 FR at and LG have changed their accounting Op. 99-551. In the same manner that the 50871. methodology for R&D expenses once CIT believes that the amount of R&D We agree with Hyundai and LG that again, this time back to capitalizing and expenses that LG recognized, and the their method of amortizing and amortizing their R&D expenses over five Department included in its calculations deferring R&D costs is permissible with years. As a result, the respondents in the first review (i.e., one full current Korean GAAP, and that their previous recognize (and have reported to the year amount, plus prior capitalized method of expensing all current period Department) less than one-fifth of their amounts), was overstated, the amount of R&D expenses in the year incurred is current year’s R&D costs. With the R&D expenses that Hyundai and LG also in accordance with Korean GAAP. adoption of this new methodology, the recognized in the current review (i.e., However, Hyundai’s and LG’s practice respondents next year will recognize less than one-fifth of one year’s R&D of continually changing between these approximately one-fifth of that year’s expense) is understated. methods distorts the cost calculation in R&D expense and approximately one- The Court, in Micron II, specifically an antidumping analysis. As explained fifth from the current review period, and stated that ‘‘the object of the cost of in the Department’s Memorandum on will not recognize the equivalent of a production exercise is*** to ‘‘Whether to Accept the Reported full year’s R&D expense until at least the capture***those expenses that Research & Development Expenses of fifth year. Thus, because of inconsistent reasonably and accurately reflect a Hyundai Electronics Industries Co., Ltd. accounting treatment, the respondents respondent’s actual production costs for
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69700 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices a period of review.’’ Micron II, Slip Op. Moreover, in its proposed rules, the Korea), allowed respondents to amortize 99–551, at 6. However, by abruptly Department, also in reference to the R&D, the Department, for at least the last switching to amortizing and deferring SAA at 835, specifically stated that: six years, and throughout the course of R&D expenses, Hyundai and LG are not * * *there is no guarantee that * * * [R&D] this proceeding, has constantly required capturing those expenses that * * * costs, if incurred to develop a new that respondents recognize R&D reasonably and accurately reflect their product or production process, would hold expenses currently. See, e.g., Final actual R&D costs for this POR. As a any future benefit to a company. To the Determination, 58 FR at 15472 result of their constantly changing of contrary, after many months of costly (Department rejected amortization of R&D methodologies, their latest method research, a manufacturer could find its new R&D), Final Results 1996, Final Results of capitalization of R&D produces a product technologically useless due to the 1997 (I), Final Results 1997 (II), and distorted and meaningless (for the cost efforts of its competitors. In that case, the Final Results 1998 (Department of production exercise) result that does amounts incurred for R&D would not benefit accepted expensing of R&D currently). the producer in terms of future product sales. not reasonably reflect the actual cost of Under these circumstances, the R&D See also SRAMs from Korea, 63 FR 8934 producing the subject merchandise. expenditures must be recognized as a (February 23, 1998) and SRAMs from We have therefore determined that is expense in the year incurred rather than Taiwan (Department accepted appropriate to recognize for amortized to some future periods. expensing of R&D currently) and antidumping purposes all of Hyundai’s Dynamic Random Access Memory See Antidumping Duties; Countervailing and LG’s 1997 R&D expenses in order to Semiconductors of One Megabit or Duties; Notice of Proposed Rule Making reasonably and accurately reflect their Above from Taiwan, 64 FR 56308, 56319 and Request for Public Comments, 61 actual R&D costs for a given year. The (October 19, 1999) (Department agreed FR 7308, 7342 (February 27, 1996) Department also believes that, in that ‘‘R&D costs should be expensed as (‘‘Proposed Rule’’) (emphasis added). general, recognizing the current year’s incurred’’). Third, the substance of the We also disagree with Hyundai that it R&D expenses is a reasonable method to issues in Micron I and the present case has demonstrated, pursuant to the SAA, recognize R&D expenses. This are different. The Micron I decision that it has historically utilized its new methodology is consistent with both concerned only the respondents’ R&D accounting methodologies. While Korean and U.S. GAAP, and is the same amortization of R&D expenses, while the both Hyundai and LG previously methodology that Hyundai and LG have present case also involves the amortized R&D, they have not done so been following for the past several respondents’ practice of continually consistently, and for the last several years. changing how they recognize R&D Moreover, as Hyundai recognizes, the years have been expensing R&D expenses. Department’s practice is to consider, currently. See Final Results 1996, Hyundai’s citation to Steel Wire Rod among other factors, international DRAMs from Korea, 62 FR 965 (January from Canada also is misplaced. Steel accounting standards for determining 7, 1997) (‘‘Final Results 1997 (I)’’) (final Wire Rod from Canada, 63 FR at 9187, the reasonableness of a cost accounting results of second review), DRAMs from concerned the amortization of certain methodology. While IAS No. 9 Korea, 62 FR 39809 (July 24, 1997) costs relating to a furnace conversion, principally provides for the (‘‘Final Results 1997 (II)’’) (final results and not the amortization and deferral of amortization of R&D expenses, IAS No. of third review), and Final Results 1998. R&D costs, as in the present case. 9 also states that costs should be Moreover, there is no evidence on the We disagree with LG that the recognized as an expense on a record that LG or Hyundai (prior to Department would never allow a systematic basis, which directly 1996) ever completely deferred R&D company to change from expensing any contradicts Hyundai’s and LG’s practice expenses. Additionally, the SAA at 834 cost to amortizing that cost because of of continually changing how they is not, as Hyundai claims, directed at the reduced cost recognized in the recognize R&D expenses. changes in depreciation, but only transition year. The Department We disagree with Hyundai that the discusses depreciation as an example of evaluates any such change on a case by SAA at 835 (on non-recurring costs) how a company’s records might not case basis. In the present case, as specifically supports Hyundai’s fairly allocate costs. explained above, we found that the argument that SAA prefers the We disagree with both Hyundai and reduced R&D cost recognized by amortization of R&D expenses. The SAA LG that the Department’s decision to Hyundai and LG through the at 835 states that Commerce associates reject their R&D accounting amortization and deferral of their R&D expenditures with all production methodologies is contrary to the Micron expenses, and resulting allocation of benefitting from the expenditure, and I decision. First, in Micron I, the Court R&D expenses to merchandise, does not gives R&D costs as an example of an ruled that the Department ‘‘failed to reasonably reflect the cost of producing expenditure that Commerce may articulate a reasoned analysis justifying the subject merchandise. allocate over current and future the departure from its established Comment 2: Cross-Fertilization of production. In some limited instances, practice of amortizing those R&D R&D. Hyundai and LG argue that the consistent with the SAA at 835, it may expenses.’’ See Micron I at 28. In Department erred in including the cost be appropriate to allocate certain R&D contrast, in the present case, the of R&D performed for non-memory and costs for items that have alternative Department has specifically articulated non-DRAM semiconductor products, future uses (and benefits) over future how amortizing and deferring R&D respectively, in the cost of their DRAMs. production. The Department, in specific expenses is distortive. Second, the Hyundai, citing section 773(e) of the reference to the section of the SAA at Department’s methodology of expensing Act, and LG, citing section 773(f)(1)(A) issue, stated in the preamble to its final R&D is no longer a ‘‘departure from its of the Act, argue that this decision regulations that ‘‘the allocation of established practice.’’ The Department’s violates the statutory requirements nonrecurring costs, such as R&D costs, established practice is to expense under the Act that Commerce calculates for purposes of computing COP and CV semiconductor R&D currently. While constructed value (‘‘CV’’) based on the is dependent on case-specific factors.’’ the Department, prior to the Final production and general expenses related Antidumping Duties; Countervailing Determination, in the cases cited by to the subject merchandise only. Duties; Final Rule, 62 FR 27296, 27362 Hyundai and LG (i.e., CTVs from Korea, Hyundai, citing High-Tenacity Rayon (May 19, 1997) (‘‘Final Rule’’). Pipe from Korea, and PET Film from Filament Yarn from Germany, 60 FR
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15897, 15899 (March 28, 1995), Large (‘‘September 1997 Jhabvala Memo’’), on or subject merchandise-specific basis. Power Transformers from Japan, 57 FR file in the CRU, provides no substantial Moreover, Micron notes that the 45767, 45768 (October 5, 1992), evidence to justify the Department’s Department stated in Final Results 1998, Sweaters Wholly or in Chief Weight of decision. Hyundai and LG contend that 63 FR at 50870, that it is not bound by Man-Made Fiber from the Republic of the September 1997 Jhabvala Memo is the way a company such as Hyundai Korea, 55 FR 32659, 32671 (August 10, general and conclusory, and argue that categorizes its costs. 1990), Antifriction Bearings (Other Than the September 1997 Jhabvala Memo DOC Position: We disagree with Tapered Roller Bearings) and Parts provides no evidence specific to their Hyundai and LG and have allocated all Thereof from France, et al., 61 FR R&D and operations. Hyundai semiconductor R&D expenses over the 66472, 66491 (December 17, 1996)), Oil specifically states that its R&D for non- total semiconductor cost of goods sold. Country Tubular Goods from Argentina, memory devices in its System IC This allocation methodology is fully 60 FR 33539, 33549 (June 28, 1995), Laboratory does not benefit memory consistent with the antidumping statute High Information Content Flat Panel devices because of the fundamental and the R&D calculations we have used Displays and Display Glass Therefor differences in function, design, and throughout the Korean and Taiwan from Japan, 56 FR 32376, 32386 (July production between non-memory and DRAMs and SRAMs proceedings. 16, 1991), and Certain Small Business memory products. LG specifically In SRAMs from Korea, we noted that, Telephone Systems and Subassemblies argues that it demonstrated to the as a result of the forward-looking nature Thereof from Taiwan, 54 FR 42543, Department at verification that its of R&D activities, we could not predict 42548 (October 17, 1989); and LG, DRAM production operations do not every instance where SRAM R&D may additionally citing Lightweight Polyester derive any benefit from the R&D influence logic products or where logic Filament Fabrics from Korea, 48 FR conducted for other products. LG also R&D may influence SRAM products. As 49,679, 49,681 (Oct. 27, 1983), Shop argues that Mr. Jhabvala’s qualifications a result, we requested that Dr. Murzy Towels from Bangladesh, 57 FR 3996, as set forth in his letter do not reveal Jhabvala, a semiconductor device 3998–99 (Feb. 3, 1992), Erasable any experience in DRAM R&D and engineer at the National Aeronautics Programmable Read Only Memories production, and that other letters by and Space Administration with twenty- from Japan, 51 FR 39,680, 39,685 (Oct. actual experts on the record contradict four years of experience, state his views 30, 1986) and Nippon Pillow Block Sales his opinion. regarding any potential overlap or cross- Co. v. United States, 17 CIT 276, 820 F. Micron argues that the Department fertilization of R&D efforts in the Supp. 1444 (1993); further argue that, properly accounted for the cross- semiconductor industry. In fact, Dr. consistent with the statute, the fertilization of semiconductor R&D. Jhabvala had identified in another Department’s long-standing practice has Micron, citing to Final Results 1996, 61 semiconductor proceeding before the been to calculate the R&D expense FR at 20217–18, Final Results 1997 (2), Department areas where R&D from one component of CV on the most product- 62 FR at 967, Final Results 1997 (3), 63 type of semiconductor product specific basis possible, and to exclude FR at 39823, Final Results 1998, 63 FR influenced another semiconductor those R&D expenses that do not relate to at 50870, SRAMs from Korea, 63 FR at product. These statements, including the production of subject merchandise. 8938, SRAMs from Taiwan, 63 FR at the September 1997 Jhabvala Memo, are LG, citing Cost Analysis Under the 8925, and DRAMs from Taiwan, 64 FR on the record of this review. In a Antidumping Law, 21 George Wash. J. at 56319, states that the Department has statement prepared for the SRAMs Final Int’l L. & Econ. at 389, notes that the found that semiconductor industry R&D Determination, Dr. Jhabvala stated that: Department has applied this practice has a significant ‘‘cross-fertilizing’’ effect for R&D relating to all SRAMs represent along with DRAMs the without distinction to semiconductor culmination of semiconductor research and cases, including 64K DRAMs From semiconductor products. Micron further development. Both families of devices have Japan, 51 FR 15,943, 15,948 (April 29, argues that all of the respondents’ benefitted from the advances in photo 1986) arguments, including those relating to lithographic techniques to print the fine Hyundai and LG add that, in Micron the Micron I decision, were rejected geometries (the state-of-the-art steppers) I, 893 F. Supp. 21, 27, the CIT reversed previously by the Department in Final required for the high density of transistors the same decision to include non- Results 1998 and SRAMs from Korea. * * * In addition to achieve higher access subject R&D in the investigation of this Micron also states that the September speeds bipolar (ECL or TTL) output case because it was unsupported by 1997 Jhabvala Memo, and information amplifiers are incorporated directly on chip that Micron placed on the record, with the CMOS SRAM memory array, a substantial evidence. Hyundai and LG process known as BiCMOS. Further efforts to contend that nothing has changed in support the Department’s finding on improve speed have resulted in the this review that would justify a different this matter. Micron also notes that the combination of the bipolar ECL technology result. Hyundai and LG maintain the respondents have not included in their with CMOS technology with silicon on Department has provided no factual case briefs any direct citations to any insulator (SOI) technology. support for its cross-fertilization theory expert opinion to support their Clearly, three distinct areas of that ‘‘the subject merchandise benefits arguments since the record evidence semiconductor technology are converging to from R&D expenditures earmarked for supports the Department’s position. benefit the SRAM device performance. There Micron contends that the Department are other instances where previous non-subject merchandise.’’ Hyundai and technology and the efforts expended to LG also maintain that the only cross- has not departed from its practice, or its develop that technology occurs in the SRAM fertilization that may occur is that, for statutory obligations, in this issue. technology. Some examples of these are the Hyundai, non-memory, and for LG, Rather, as the Department explained in use of thin film transistors (TFTs) in SRAMs, SRAM, semiconductor R&D may benefit SRAMs from Korea, 63 FR at 8940, the advanced metal interconnect systems, from more advanced DRAM R&D. cost calculations in the present review anisotropic etching and filling techniques for Hyundai and LG state the are product-specific. Micron further trenching and planarization (CMP) and Memorandum from Dr. Murzy Jhabvala points out that Hyundai, by proposing implant technology for retrograde wells. to U.S. Department of Commerce/Office to allocate R&D on broad product lines, See September 8, 1997, Memorandum of Antidumping Compliance regarding memory and non-memory, has from Murzy Jhabvala to U.S. Department Cross-Fertilization of R&D of acknowledged that its R&D expenses of Commerce regarding ‘‘Cross Semiconductor Memory Devices cannot be allocated on a model-specific Fertilization of Research and
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Development of Semiconductor Memory expenses attributable to subject made by Hyundai and LG were not Devices’’ (‘‘September 1997 Jhabvala merchandise. 1 made at a more advanced LOT than Memo’’). This methodology is not a change in their sales in the United States, and the Department’s approach to this issue. In SRAMs from Korea, we disagreed therefore there is no basis for granting It is the Department’s long-standing either a LOT adjustment or a CEP offset. with Hyundai’s contention that we must practice where costs benefit more than Hyundai argues that the Department follow Hyundai’s normal accounting one product to allocate those costs to all has ruled that Hyundai has been records which categorize R&D expenses the products which they benefit. See, entitled to a CEP offset in each by project and product. See SRAMs e.g., SRAMs from Korea, 63 FR at 8940. administrative review and argues that from Korea, 63 FR at 8940. We disagree This methodology results in the there are no factual reasons why the with similar contentions from LG and calculation of product-specific costs Department should reverse its long- Hyundai in this review. As we have said consistent with sections 773(e) and standing practice. The Department has in the past (see, e.g., Final Results 1998, 773(f)(1)(A) of the Act because we have consistently ruled that the LOT of CEP 63 FR at 50870), we are not bound by determined that DRAM-specific R&D sales must be based on the adjusted CEP the way a company categorizes its costs, account entries do not by themselves price, not on the CEP starting price as R&D projects, or laboratory facilities, or reflect all costs associated with the advocated by Micron. See DRAMs from by the company’s accounting records production and sale of subject Taiwan 64 FR at 56313 (October 19, that we review at verification if they do merchandise. 1999). Hyundai argues that Petitioner’s not reasonably reflect the costs Comment 3: Level of Trade (‘‘LOT’’)/ reliance on Borden is based on an attributable to production of the subject CEP Offset. Micron argues that in two incorrect interpretation of the statute. merchandise. Moreover, the mere fact recent decisions the CIT held that the The court in Borden stated that the that R&D projects for memory and non- Department must perform its LOT adjustments to CEP must be disregarded memory products may be run in analysis based on unadjusted starting in defining the LOT of the CEP for different laboratories, the fact that prices both for the U.S. sales used to purposes of the offset. However, the process and product research for calculate CEP as well as the home adjustments authorized under section market sales used to calculate NV. See 772(b) are an integral part of the memory and non-memory products may l be distinguished, and the fact that each Borden, Inc. v. United States, 22 CIT , definition of the statute and must be 4 F. Supp. 2d 1221 (1998); Micron of the respondents may account for adhered to when determining the Technology, Inc. v. United States, 23 adjusted CEP price for comparisons and these R&D projects separately in their CIT l, 40 F. Supp. 2d 481, 485–86 conducting the LOT analysis. Hyundai respective books and records, does not (1999). In the Preliminary Results, the argues that the adoption of the court’s address the issue of cross-fertilization in Department failed to do this, and reasoning in the Borden case would semiconductor R&D. The existence of instead analyzed the LOT of the home result in an unfair and distorted price cross-fertilization in semiconductor market sales based on the unadjusted comparison that is contrary to R&D is the central theme of Dr. starting prices of those sales, while Congressional intent. Jhabvala’s many statements to the analyzing the LOT of the U.S. sales Hyundai argues that it has established Department. Dr. Jhabvala offers various based on the ‘‘level of the constructed that there is a difference between the examples in those statements to sale from the exporter to the [affiliated] LOT in the home market and the CEP illustrate that, regardless of the importer,’’ i.e., the prices after LOT. All of Hyundai’s U.S. sales are on accounting or laboratory arrangements, adjustment for U.S.-related selling a CEP basis and its home market sales the research results or developments in expenses. are at a more advanced stage of the processes and technologies used in Using this analysis, the Department distribution than the CEP sales. the production and development of one determined, for both Hyundai and LG, Therefore, a CEP offset is appropriate semiconductor family can be (and are) that the home market and U.S. sales under the provisions of the statute. used in the production and were made at different LOTs. In the LG asserts that the Department made development of other semiconductor absence of sales at more than one LOT a CEP offset correctly. LG also maintains families. Dr. Jhabvala goes so far as to in the comparison market, the that the Department should not apply state that it would be ‘‘unrealistic to Department found it could not quantify the Borden case to the instant review. expect researchers to work in complete a LOT adjustment, and granted a CEP According to LG, the court held technical isolation constantly offset adjustment to each of the three mistakenly that the Department’s reinventing technology that might respondents. See id. The Department adjustments to CEP starting prices (by already exist.’’ See September 1997 declines to follow Borden on the removing certain expenses) are Jhabvala Memo. Hyundai, in contrast to grounds that it ‘‘is not a final decision.’’ inconsistent with section 773(a)(7) of See Level of Trade Memorandum, dated LG, does not contest the Department’s the Act. LG claims that the court May 27, 1999. However, as the Borden believed that such adjustments distort position that all R&D for memory and Micron decisions both establish, the the LOT analysis and that this ‘‘pre- semiconductor projects, including Department’s current practice is in adjustment’’ creates an automatic CEP SRAMs, benefits DRAMs. Given these conflict with the requirements of the offset in addition to any CEP offset or facts, we do not believe that the statute. When the Department conducts LOT adjustment made after a reported expenses for DRAM R&D a corrected LOT analysis, based on comparison of adjusted CEP to HM projects reasonably reflect the unadjusted starting prices in both the price. LG contends that the appropriate cost of producing the U.S. and the comparison markets, it will Department’s methodology does not subject merchandise. As a result, we find that the comparison market sales create a ‘‘pre-adjustment’’ and correctly have continued to allocate all removes from the starting U.S. price semiconductor R&D expenses over the 1 In SRAMs from Korea, 63 FR at 8940, and only those expenses related to the resale total semiconductor cost of goods sold, SRAMs from Taiwan, 63 FR at 8925, we also transaction between the U.S. affiliate a methodology which does not overstate disagreed with those same expert opinions and the unaffiliated U.S. customer. costs, but which we believe reasonably regarding semiconductor R&D that LG submitted in this review, and for the reasons stated above, DOC Position: The Department agrees and accurately identifies the R&D continue to disagree with those opinions. with Hyundai and LG. We have
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In the preamble to our proposed Hyundai and LG was consistent with cases apply to this case because the POR regulations, we stated: the statute and the Department’s includes the period (at the end of 1997) With respect to the identification of levels practice, and was supported by when the won lost over 40 percent of its of trade, some commentators argued that, substantial evidence on the record. value, and there is no reason why the consistent with past practice, the Department We disagree with the petitioner’s Department should adopt any different should base level of trade on the starting interpretation of Borden and of its treatment in this case. Hyundai price for both export price EP and CEP sales impact on our current practice. In specifically maintains that the . . . The Department believes that this Borden, the Court held that the Department should use daily won-dollar proposal is not supported by the SAA. If the Department’s practice to base the LOT exchange rates for home market sales starting price is used for all U.S. sales, the comparisons of CEP sales after CEP matched to U.S. sales occurring between Department’s ability to make meaningful deductions is an impermissible November 1 and December 31, 1997; comparisons at the same level of trade (or interpretation of section 772(d) of the and should also use the average of the appropriate adjustments for differences in Act. See Borden, 4 F. Supp. 2d at 1236– levels of trade) would be severely January 1 through February 28, 1998 undermined in cases involving CEP sales. As 38; see also Micron, 40 F. Supp. 2d at exchange rate as a benchmark for U.S. noted by other commentators, using the 485–86. The Department believes, sales occurring between those dates. starting price to determine the level of trade however, that its practice is in full Micron states that the Department of both types of U.S. sales would result in a compliance with the statute, and that properly applied its standard exchange finding of different levels of trade for an EP the court decision does not contain a rate methodology in the preliminary sale and a CEP sale adjusted to a price that persuasive statutory analysis. Because results of the review, and it should reflected the same selling functions. Borden is not a final and conclusive adhere to that standard methodology in Accordingly, the regulations specify that the decision, the Department has continued the final results. level of trade analyzed for EP sales is that of to follow its normal practice of adjusting DOC Position: We agree with the the starting price, and for CEP sales it is the CEP under section 772(d) of the Act, respondents, in part. Section 773A(a) of constructed level of trade of the price after the Act directs the Department to use a the deduction of U.S. selling expenses and prior to starting a LOT analysis, as profit. articulated in the regulations at section daily exchange rate to convert foreign 351.412. Accordingly, consistent with currencies into U.S. dollars unless the See Proposed Rule, 61 FR at 7347. the Preliminary Determination, we will daily rate involves a fluctuation. The Consistent with the above position, in continue to analyze the LOT based on Department considers a ‘‘fluctuation’’ to those cases where a LOT comparison is adjusted CEP prices, rather than the exist when the daily exchange rate warranted and possible, the Department starting CEP prices. differs from the benchmark rate by 2.25 normally evaluates the LOT for CEP Comment 4: Exchange Rate percent or more. The benchmark is sales based on the price after Methodology. Hyundai and LG argue defined as the moving average of rates adjustments are made under section that the Department failed to consider for the past 40 business days. When we 772(d) of the Act. See, e.g., Large the rapid decline in the value of the determine a fluctuation to have existed, Newspaper Printing Presses and Korean won during the POR when it we generally substitute the benchmark Components Thereof, Whether converted won to U.S. dollars. The rate for the daily rate, in accordance Assembled or Unassembled, From respondents state that, in Policy with established practice. (An exception Japan: Notice of Final Determination of Bulletin 96–1, the Department to this rule is described below.) (For an Sales at Less Than Fair Value, 61 FR acknowledged the need to apply daily explanation of this method, see Policy 38139, 38143 (July 23, 1996). We note exchange rates in administrative Bulletin 96–1: Currency Conversions (61 that, in every case decided under the reviews as well as investigations during FR 9434, March 8, 1996).) revised antidumping statute, we have periods of substantial exchange rate Our analysis of dollar-Korean-won consistently adhered to this depreciation. The respondents further exchange rates demonstrates that the interpretation of the SAA and of the point out that in two recent Korean won declined rapidly in Act. See, e.g., Aramid Fiber Formed of administrative reviews, Steel Wire Rope November and December 1997. Poly Para-Phenylene Terephthalamide from Korea, 63 FR 67662, 67665 Specifically, the won declined more from the Netherlands; Preliminary (December 8, 1998), (unchanged at Steel than 40 percent over this two-month Results of Antidumping Duty Wire Rope from the Republic of Korea, period. The decline was, in both speed Administrative Review, 61 FR 15766, 64 FR 17995 (April 13, 1999)) (‘‘Steel and magnitude, many times more severe 15768 (April 9, 1996); Certain Stainless Wire Rope from Korea’’), and Certain than any change in the dollar-won Steel Wire Rods from France; Cold-Rolled and Corrosion-Resistant exchange rate during recent years, and Preliminary Result of Antidumping Duty Carbon Steel Flat Products from Korea, it did not rebound significantly in a Administrative Review, 61 FR 8915, 64 FR 48767, 48774 (September 8, short time. As such, we determine that 8916 (March 6, 1996); and Antifriction 1999), and several investigations, the decline in the won during November Bearings (Other Than Tapered Roller specifically Stainless Steel Sheet and and December 1997 was of such Bearings) and parts Thereof from Strip in Coils from the Republic of magnitude that the dollar-won exchange France, et al., Preliminary Results of Korea, 64 FR 30664, 30670 (June 8, rate cannot reasonably be viewed as Antidumping Duty Administrative 1999), Stainless Steel Round Wire from having simply fluctuated at that time, Review, 61 FR 25713, 35718–23 (July 8, Korea, 64 FR 17342, 17343 (April 9, i.e., as having experienced only a 1996). 1999), Stainless Steel Plate in Coils momentary drop in value relative to the In this case, in accordance with the (‘‘SSPC’’) from the Republic of Korea, 64 normal benchmark. Accordingly, the above precedent, our instructions in the FR 15444, 15446 (March 31, 1999), and Department used actual daily exchange questionnaire issued to respondents Emulsion Styrene-Butadiene Rubber rates exclusively in November and
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December 1997. See Notice of Final benchmark from February 12, 1998, to that duties are being absorbed ‘‘makes a Determination of Sales at Less Than the close of the review period. mockery’’ of the duty absorption inquiry Fair Value: Stainless Steel Sheet and Comment 5: Duty Absorption. entrusted to the Department by Strip from the Republic of Korea, 64 FR Hyundai contends that the finding of Congress. 30664, 30670 (June 8, 1999) (‘‘SSSS duty absorption is null and void Micron argues that the Department from Korea’’). because the Department had no correctly made a finding of duty We note, however, that we have authority to conduct a duty absorption absorption for Hyundai and LG. Micron refined our methodology somewhat inquiry in this administrative review. notes that both respondents imported from that applied in SSSS from Korea. Hyundai maintains that section the subject merchandise through their We recognize that, following a large and 751(a)(4) of the Act ‘‘explicitly limits’’ affiliated U.S. importers, and therefore, precipitous decline in the value of a duty absorption inquiries to the antidumping duties assessed as a currency, a period may exist wherein it administrative reviews initiated 2 years result of this review will be paid, in the is unclear whether further declines are or 4 years after the publication of an first instance, by those affiliated a continuation of the large and antidumping duty order, and that this importers. Micron also points out that precipitous decline or merely review was initiated on June 29, 1998, the Department provided Hyundai and fluctuations. Under the circumstances of five years after publication of the LG with an opportunity to submit this case, such uncertainty may have antidumping duty order in this case. evidence that unaffiliated purchasers existed following the large, precipitous Hyundai also maintains that section will pay the antidumping duties to be drop in November and December 1997. 351.213(j)(2) of the Department’s assessed on entries during the review Thus, we devised a methodology for regulations, which provides for the period, and neither party submitted identifying the point following a Department to conduct duty absorption such evidence. Micron maintains that, precipitous drop at which it is inquiries for transition orders (as in the absence of any evidence, and in reasonable to presume that rates, more defined in section 751(c)(6) of the Act) the light of the ‘‘commercial reality’’ than 2.25 percent from the benchmark, in reviews initiated in 1996 or 1998, noted by LG under which no were merely fluctuating. Following the cannot authorize the conduct of a duty unaffiliated customer would assume the precipitous drop in November and absorption inquiry. Hyundai states that liability for these assessments, the December 1997, we continued to use this regulation is ‘‘directly Department can only reasonably only actual daily rates until the daily contradicted’’ by section 751(a)(4) of the conclude, based on record evidence, rates were not more than 2.25 percent Act, which makes no exception for that duties will be absorbed by Hyundai below the average of the 20 previous transition orders. and LG. daily rates for five consecutive days. At Hyundai further argues that section Micron argues that since LG explicitly that point, we determined that the 751(c)(6) of the Act, which defines declined to submit any evidence on this pattern of daily rates no longer transition orders, only applies to section matter, it cannot now argue that the reasonably precluded the possibility 751(c) of the Act, which establishes Department is employing an that they were merely ‘‘fluctuating’’. procedures for the conduct of sunset ‘‘inappropriately high evidentiary Using a 20-day average for this purpose reviews. Hyundai states that section standard.’’ Micron also states, in provides a reasonable indication that it 751(c)(6) of the Act has no relationship reference to Hyundai’s arguments, that is no longer necessary to refrain from to administrative reviews conducted section 751(a)(4) of the Act does not using the normal methodology, while under section 751(a) of the Act, nor to limit the Department’s authority to avoiding the use of daily rates duty absorption inquiries conducted make a duty absorption inquiry in the exclusively for an excessive period of under section 751(a)(4) of the Act. context of administrative reviews time. Accordingly, from the first of these LG argues that the Department may conducted in those years not referenced five days, we resumed classifying daily not lawfully presume that duties have by this section. Micron further argues rates as ‘‘fluctuating’’ or ‘‘normal’’ in been absorbed by LG without record that, since Hyundai does not allege any accordance with our standard practice, evidence to support this conclusion. LG, harm arising out of the Department’s except that we began with a 20-day citing to Extruded Rubber Thread from conduct of this inquiry, it has no benchmark and on each succeeding day Malaysia, 63 FR 2752, 2757 (March 16, standing to complain that the added a daily rate to the average until 1998) and Report to the House and Department’s conduct is ultra vires. the normal 40-day average was restored Senate Appropriations Committees: The Micron contends that the Department as the benchmark. See Notice of Final Efficacy of Antidumping Measures in explained in Final Regulations, 62 FR at Results of Antidumping Duty Related Importer Situations (January 30, 27317–18, that its interpretation of Administrative Review: Certain Welded 1998), at 3, states that Department section 751(a)(4) of the Act, under Carbon Steel Pipes and Tubes from presumes that absorption is occurring section 351.213(j)(2) of the Department’s Thailand, 64 FR 56759, 56763, October where a dumping margin is found regulations, is necessary to carry out the 21, 1999. See also Polyethylene unless the U.S. affiliate’s customers legislative intent of the statute, i.e., to Terephthalate Film, Sheet and Strip have promised in writing to pay any provide the relevant information to the From Korea: Final Results of antidumping duties imposed on the International Trade Commission (‘‘ITC’’) Antidumping Duty Administrative merchandise. LG further states, citing to in connection with its conduct of sunset Review and Notice of Intent Not To Id. at 4 and Certain Cut-to-Length reviews. Micron further contends that if Revoke in Part, 64 FR 62648, 62649 Carbon Steel Plate from Belgium, 63 FR the Department had adopted Hyundai’s (November 17, 1999). 2959, 2963–64 (January 20, 1998), that interpretation of the Act, then the Applying this methodology in the the Department has never found an Department would have had the option instant case, we used daily rates from instance of such a written agreement of conducting a duty absorption inquiry, November 3, 1997, through January 13, that is acceptable. LG argues that it pursuant to Micron’s July 21, 1997 1998. We then resumed the use of our defies commercial reality to expect a request, in the fourth review of this normal methodology, starting with a customer to agree to assume such a proceeding. benchmark based on the average of the liability for antidumping duties, and the DOC Position: We agree with Micron. 20 reported daily rates from January 14, Department’s establishment of an With regard to the time frame in which 1998. We used the normal 40-day ‘‘effectively irrebuttable’’ presumption we are conducting this review, section
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351.213(j)(1) of our regulations, in 35601, the ‘‘existence of a margin raises fifth review turns out to have the lower accordance with section 751(a)(4) of the an initial presumption that the duty deposit rate. Act, provides for the conduct, upon respondent and its affiliated importer(s) Hyundai argues that it is entitled to its request, of absorption inquiries in are absorbing the duty.’’ This is a own cash deposit rate based exclusively reviews initiated two and four years reasonable presumption because the on the Department’s calculations for after the publication of an antidumping continued existence of dumping Hyundai. Hyundai contends that the duty order. With respect to transition margins indicates that the producer and single rate advocated by Micron would orders, the preamble to the proposed its affiliated U.S. importer have not incorporate any adverse FA margin that antidumping regulations explains that adjusted their prices to eliminate the Department might impose on LG, reviews initiated in 1996 will be dumping. If the producer has not set its and Hyundai should not be penalized considered initiated in the second year, price to the first unaffiliated U.S. for any action taken with respect to LG. and reviews initiated in 1998 will be customer high enough to eliminate Hyundai maintains that, whatever considered initiated in the fourth year. dumping and the affiliated importer is decisions the Department may make Notice of Proposed Rulemaking and liable for payment of the antidumping concerning LG, Hyundai had no Request for Public Comments, 61 FR duties, it is reasonable to presume that involvement in the matters alleged. 7308, 7317 (February 27, 1996). Because the producer is absorbing the Hyundai states that there has been no this order has been in effect since 1993, antidumping duties. The reasonableness indication of any diversion or this is a transition order in accordance of this presumption is also reflected in unreported sales by Hyundai in the six with section 751(c)(6)(C) of the Act. the SAA at 885, which states that ‘‘the consecutive times that Hyundai has This being a review initiated in 1998 affiliated importer may choose to pay been verified since this case began. and a request having been made, we the antidumping duty rather than Hyundai further argues that the have made a duty absorption eliminate the dumping.’’ In sum, the Department must disregard Micron’s determination as part of this existence of dumping gives rise to a argument because it relates to ‘‘matters administrative review. reasonable presumption that the that allegedly might occur well beyond’’ We believe that Congress intended affiliated importer is absorbing dumping the end of the current POR. Hyundai that the ITC would consider the issue of duties. contends that Micron’s speculation as to what might happen after the merger has duty absorption in all sunset reviews. In As in previous cases where the no support on the record. Hyundai also this regard, the statutory provision Department has found duty absorption contends that if one company controls requiring the consideration of duty (see, e.g., AFBs), this is an instance absorption does not distinguish between both companies’ fabrication facilities, where the existence of a margin raises antidumping orders issued after January the cash deposit rate would be the rate an initial presumption that the 1, 1995, and transition orders. See that applies to the controlling company, respondent and its affiliated importer(s) section 752(a)(1)(D) of the Act. regardless of which fab produced the are absorbing the duty. As such, the Moreover, in all of the legislative DRAMs or how the company chose to burden of producing evidence to the history, Congress explained the ‘‘designate’’ the origin of the exports. contrary shifts to the respondent. See implications of affirmative duty- DOC Position: We are concerned Creswell Trading Co., Inc. v. United absorption findings and clearly about the implications of the pending States, 15 F.3d 1054 (CAFC 1994). Here contemplated that such findings would merger of Hyundai and LG on the the respondents have not placed be considered in all sunset reviews. See efficacy of the antidumping duty order S. Rep.103–412 at 50 (1994). See also H. evidence on the record, despite being on DRAMs from Korea. However, Rep. 103–826 at 60–61 (1994) given ample time to do so, in support pursuant to Micron’s November 12, (‘‘Commerce will inform the of their position that they and their 1999 request, we initiated a changed Commission of its findings regarding affiliated importer(s) are not absorbing circumstances review under section duty absorption, and the Commission the duties. In fact, as noted by Micron, 751(b) of the Act to address the cash will take such findings into account in LG explicitly refused to do so. deposit issue. Because we have initiated determining whether injury is likely to Therefore, because Hyundai and LG a separate segment of this proceeding to continue or recur if an order were submitted no information showing that address the cash deposit issue, we will revoked’’). Thus, we have made a duty their respective affiliated importer is not continue to issue Hyundai and LG their absorption determination as part of this absorbing the duties for this POR, we own cash deposit rates for these final administrative review. See Antifriction find that duty absorption occurred. results. Bearings (Other Than Tapered Roller Comment 6: Cash Deposit Rate. Comment 7: All Others Rate. Micron Bearings) and Parts Thereof From Micron argues that the Department claims that the Department should France, Germany, Italy, Japan, should establish a single cash deposit correct the ‘‘all others’’ rate to reflect the Romania, Sweden, and the United rate for both Hyundai and LG in the revised 4.55 percent rate calculated by Kingdom: Final Results of Antidumping final results of this review, at a the Department following judicial Duty Administrative Reviews, 64 FR minimum, by weight averaging the review of the original less than fair 35590, 35601 (July 1, 1999) (‘‘AFBs’’). combined dumping margins for value (‘‘LTFV’’) determination. See In considering methodologies that Hyundai and LG. Micron asserts that, at Micron Technology, Inc. v. United might be used for a duty absorption the end of the current POR, LG was States, 117 F.3d 1386 (Fed. Cir. 1997). inquiry, the Department sought to adopt acquired by Hyundai and renamed In its notice of the preliminary results one that would comply with the statute, Hyundai Microelectronics, and based on of review the Department states that the as well as one that would be comments in a letter submitted by LG, ‘‘all others’’ cash deposit rate ‘‘will be administrable within the time frame of the merger is to be completed in October 3.85 percent, the ‘all others’ rate a review period and still provide 1999. Micron contends that one established in the LTFV investigation.’’ respondents with a sufficient company will control both Hyundai and Preliminary Results, 64 FR at 30486. opportunity to cure any deficiencies. LG’s fabrication facilities, and that Therefore, the Department’s revised ‘‘all The method the Department adopted company could choose to designate all others’’ rate of 4.55 percent has become accomplishes these goals. As the of its exports to the United States as final and should be reflected in these Department explained in AFBs, 64 FR at being from whichever respondent in the final results.
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No rebuttal briefs were filed in the use of COGS as the denominator is products sold during a period, rather regards to this issue. merely for administrative convenience. than the products manufactured during DOC Position: We agree with the Hyundai further argues that the a period. Furthermore, we believe that petitioner and have corrected the ‘‘all propriety of the Department’s practice of evaluating whether to use COGS or others’’ rate to reflect the revised 4.55 using COGS to represent COM depends COM as the denominator in the R&D percent rate calculated by the entirely on the presumption that the ratio from one review segment to the Department following judicial review of COGS during a period is a reasonably next would eliminate significant the original LTFV investigation. close approximation of the COM. consistency and predictability in our Hyundai contends that, in the DRAM calculations. Company-Specific Issues industry, which has a consistent trend We also agree with the petitioner that A. Hyundai toward higher density products and the record does not support Hyundai’s strong learning curve effects on costs, assertions that the difference between Comment 1: Use of Cost of Goods this presumption does not hold. its COGS and COM is due to the change Sold to Calculate R&D Ratio. Hyundai Hyundai explains that, during a period in the densities that it produces. Rather, states that the Department greatly of ‘‘rapid generational progress,’’ the this difference is due, in part, to the overstated the per unit R&D costs cost of (new generation) DRAMs that are proprietary accounting item referenced allocated to each product by calculating produced during this period is higher by Micron. Hyundai’s R&D ratio as a percentage of than the cost of (old generation) DRAMs Comment 2: Double-Counting of R&D. cost of goods sold (‘‘COGS’’) rather than that are sold during this period. Hyundai argues that the Department as a percentage of cost of manufacturing Hyundai states that consequently, when double-counted certain R&D expenses (‘‘COM’’). Hyundai, citing to High total current R&D expenses are incurred by Hyundai Electronics Information Content Flat Panel Displays calculated as a percentage of COGS America, Inc. (‘‘Hyundai America’’). and Display Glass Therefor from Japan, rather than as a percentage of COM, the Hyundai states that the Department 56 FR 32376, 32382 (July 16, 1991), R&D ratio is inflated, and Hyundai’s included Hyundai America’s actual contends that since the R&D ratio is total R&D costs are overstated. expense for certain R&D projects, as applied to the COM, the denominator Finally, Hyundai argues that the well the amount that Hyundai paid to for the R&D ratio should also be the application of the Department’s Hyundai America to reimburse it for COM. Hyundai points out that although standard cost-of-production (‘‘COP’’) these expenses. Hyundai explains that it the Department has used COGS as the completeness test demonstrates that the did not itself offset these expenses in its denominator for the R&D ratio in other use of COGS as the denominator in the response because these expenses were proceedings including DRAMs, it has R&D ratio calculation significantly classified as long-term R&D, and not not stated any reason why COGS is a overstates Hyundai’s R&D expenses. included by Hyundai in the current year more acceptable denominator than Hyundai states that multiplying R&D calculation. Hyundai states that the COM. Hyundai’s total semiconductor COM by double-counting occurred when the Hyundai maintains that it is the Department’s calculated R&D ratio Department included all of Hyundai’s inconsistent to apply a COGS-based results in a total R&D expense that expenditures on long-term projects in percentage to calculate Hyundai’s R&D greatly exceeds Hyundai’s actual R&D current year production costs. cost since R&D is considered by the expense. Consequently, Hyundai maintains that if Department as an element of the COM, Micron argues that the Department the Department decides to continue and the Department applies the R&D was correct to use the COGS instead of expensing all of Hyundai’s R&D ratio to the total COM of each product. COM for its R&D calculation, as is the expenses incurred in 1997, then the Hyundai notes that the Department used Department’s practice. Micron contends Department should either exclude the to classify certain R&D costs as G&A that Hyundai never complained before expenses at issue from Hyundai’s R&D expenses, but now classifies all R&D about the Department’s use of COGS costs, or offset Hyundai America’s R&D costs as manufacturing costs. Hyundai instead of COM in its R&D calculation expenditures, to avoid double-counting. states that, in contrast to R&D expenses, ratio, and is only complaining now Micron did not comment on this G&A expenses, which support both because of the difference between its issue. sales and production, could reasonably COGS and COM figures. Micron also DOC Position: We disagree with be compared to COGS to calculate the contends that the difference in these Hyundai that the record evidence G&A ratio. figures is not due, as Hyundai claims, to demonstrates that we double-counted Hyundai, citing the Department’s the change in the density of the DRAMs certain R&D expenses incurred by Antidumping Manual at 48, and DRAMs that it produced, but is due to a certain Hyundai America, and reimbursed by from Taiwan, 64 FR at 56312, further proprietary item in its cost accounting Hyundai. Hyundai America’s financial notes that, in the G&A ratio calculation, records. statement indicates that Hyundai the Department adjusts COGS to make it DOC Position: We agree with the America received revenue from equivalent to COM in order to reflect the petitioner. The Department’s practice, as Hyundai for R&D services (see exhibit same category of costs as the per unit we have carried out throughout this 17 of Hyundai’s October 8, 1998 section COM to which this ratio is applied. proceeding, is to calculate the R&D ratio A response). However, the record Hyundai argues that if it is appropriate by dividing a respondent’s R&D expense evidence does not demonstrate that to adjust the COGS, when COGS is used by the respondent’s COGS. See e.g., Hyundai’s R&D expenses include any as the denominator for a ratio Final Determination, 58 FR at 15470, payments to Hyundai America. calculation, to align it more closely to Final Results 1997 (I), 62 FR at 967, Therefore, we cannot confirm that any the COM, then it is accurate and Final Results 1997 (II), 62 FR at 39823, R&D expense has been double-counted appropriate to use COM itself as the and Final Results 1998, 63 FR 50870. and have made no changes in our denominator, which has been calculated See also DRAMs from Taiwan, 64 FR at calculations with respect to this issue in the same manner as the per unit COM 56312. We calculate this ratio based on from our preliminary results. of each product. Hyundai also contends the COGS, or a modified COGS, and not Comment 3: Offset for Long-Term that the Department’s minor distinction the COM, because R&D expenses, like Interest Income. Hyundai argues that the between COGS and COM indicate that G&A expenses, are incurred for the Department improperly denied an offset
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Hyundai also notes that, in deposits with insurance companies that fact, the Department has granted offsets Comment 1: LG’s Knowledge of U.S. can only be used to pay retirement for long-term ‘‘compensating’’ deposits Sales: Mexico. LG asserts that, in its benefits. Hyundai states that, in both because such deposits are related to the relationship with a Mexican client, it cases, the income is not derived from cost of borrowing funds for current requested a variety of proof of delivery long-term investments, but is directly operations. (‘‘POD’s’’) to determine that the DRAMs tied to the current operations of the Micron argues that the Department were actually destined for Mexico. LG company. Citing to Final Determination, should not make any adjustment for states that it believed reasonably and in 58 FR at 15473, and The Timken Hyundai’s claimed offset for interest good faith that this customer was a Company. v. United States, 809 F. Supp. income. Micron, citing to Final legitimate third country purchaser of LG 121, at 125 (1992), Hyundai contends Determination, 58 FR at 15473, DRAMs with ample ability to consume that the Department grants adjustments contends that the Department only them and to market LG’s products in for interest income that is earned on previously granted Hyundai an offset for Mexico, Latin America, as well as in compensating deposits because such interest income earned on short-term other third country markets. income is related to current operations; assets. Micron further maintains that a LG alleges that taken together, the and that the Department previously respondent must show at verification facts on the record demonstrate that it granted Hyundai an adjustment for that deposits are compensating balances was the unsuspecting victim of Customs interest income related to current tied to loans in order to receive an offset fraud, including the alteration and operations. Hyundai maintains that, for interest earned on such deposits, and falsification of LG invoices, and the since the income derived from these that the verification report and unlawful diversion of LG products into deposits reduces the cost of the related preliminary calculation memorandum the United States. LG claims that there loans, the interest earned from those indicate that the Department was not is overwhelming evidence that it did not deposits should be used to offset satisfied that Hyundai had shown this. have knowledge. Thus, LG contends Hyundai’s interest expense. Micron also contends that the that the Department has no lawful basis Hyundai explains that some of the severance insurance deposits are not to attribute the illegally diverted deposits at issue are not investments, connected to loans at all, but represent shipments to LG and to include such but a prerequisite for receiving loans Hyundai’s funding of accrued severance shipments as ‘‘unreported U.S. sales’’ in from the Korea Development Bank. benefits. Micron states that the the calculation of LG’s dumping margin. Hyundai states that the use of classification of the insurance balance To support its argument, LG cites compensating deposits enabled Hyundai as a restricted deposit does not qualify Tapered Roller Bearings from China, to receive a lower effective interest rate it as a compensating balance (for a loan). where the petitioner in the case argued from the banks, and thus directly Micron concludes that Hyundai has not that the Department should reclassify affected the interest expense that demonstrated that the interest earned on third country transactions, placed by a Hyundai incurred for financing current the insurance deposit is in any way tied U.S. firm, as U.S. sales. The Department operations during the POR. Hyundai to interest expense, and that the disagreed and considered these maintains that, since these deposits are Department should continue to exclude transactions as sales to a third country, an integral part of the relevant loans, the claimed interest income from the stating ‘‘the Act requires that the and since the Department considers all offset to Hyundai’s interest expense rate. producer of the merchandise know, at financing costs to be related to current DOC Position: We agree with Hyundai the time of sale to the reseller, the operations, then the interest earned on in part, and with Micron in part. Upon country to which the reseller intends to the deposits is directly related to current further review of cost verification export the merchandise in order for the operations, regardless of the period of exhibit 2, and Hyundai’s 1997 Department to treat sales to a reseller as time over which the deposits are consolidated financial statement, which sales to the United States.’’ LG points maintained. specifically mentions that ‘‘certain bank out that the Department made no Hyundai further explains that the deposits are pledged as collateral for inquiry as to whether the respondent other deposits at issue are held at life long-term debt,’’ we agree with Hyundai ‘‘should have known’’ that the goods insurance companies to fund accrued that its long-term restricted deposits at were destined for U.S. consumption. severance benefits. Hyundai states that issue with the Korea Development Bank According to LG, the Department it makes these deposits in order to claim are an integral part of certain loans from applies its knowledge test to a the total amount of severance benefits as that Bank. Since the income derived respondent at the time of sale, not later. a tax-deductible expense. Hyundai from these deposits are directly related For example, in Notice of Final contends that, since the severance to specific loans, the interest earned Determination of Sales at Less Than benefits themselves are included in the from those deposits should be used to Fair Value: Manganese Sulfate From the labor expense element of Hyundai’s offset Hyundai’s interest expense for the People’s Republic of China, 60 FR 51255 COM, the income earned from these same loans. Additionally, we agree with (1995) (‘‘Manganese Sulfate’’), the deposits of severance benefits is directly Micron that the severance insurance Department determined that a related to current operations. deposits are long-term investments that transaction was not a U.S. sale where Hyundai, citing to Gulf States Tube represent Hyundai’s funding of accrued the respondent learned that the Div. Of Quanex Corp. v. United States, severance benefits. These severance merchandise it sold to a third country 981 F. Supp. 630, 643 (CIT 1997) and insurance deposits are simply a source trading company was ultimately Recent Stitches in the Department of of funds from which Hyundai funds destined for the United States ‘‘at the Commerce’s Cost of Production severance benefits, and are only held by time of shipment, after the sale had Analysis: MMF Sweaters Antidumping Hyundai as restricted deposits to allow already been made.’’ Similarly, in Pure
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Magnesium from the Russian Federation was their destination, even if in supplier ‘‘should have known’’ or ‘‘had (‘‘Magnesium’’), the Department treated retrospect it appears to an outside reason to know’’ that the goods would certain sales as third country exports, observer that the producer should have be resold into the United States. even though the respondent later known that the goods would reach the Finally, in Certain Cut-to-Length learned that some of these exports were United States. The Court ruled that this Carbon Steel Plate from Ukraine, 62 FR sold to U.S. customers, because ‘‘this sort of generalized suspicion is not 61,754, 61,760 (Nov. 19, 1997) knowledge always came after (the sufficient: ‘‘the suppliers must have (‘‘Ukraine Plate’’), the Department respondent) had sold the merchandise.’’ knowledge that particular sales are excluded diverted sales where the LG maintains that in neither of these destined for import into the U.S.’’ respondent producer, Ilyich, argued that cases did the Department suggest that LG asserts that, in INA Walzlager- it made the sales ‘‘believing they were the sales could have been deemed U.S. Schaeffler KG v. United States (‘‘INA’’), destined to third countries and had no sales by the respondent if the the CIT noted again the strict knowledge that these sales were respondent ‘‘should have known’’ the requirement for particularized ultimately destined for the United ultimate destination was the United knowledge before U.S. sales may be States.’’ The Department stated ‘‘[i]t is States, notwithstanding evidence on the attributed to a foreign producer. After the Department’s practice to include as record from which such a conclusion reviewing the Department’s ‘‘knew or U.S. sales only those sales known by the might have been drawn. should have known’’ test, the Court producer/exporter to be destined for the According to LG, the CIT, in NSK Ltd. reiterated that this test applies only United States at the time of sale and v. United States (‘‘NSK’’), explicitly under the NV section of the law: delivery’’ and determined that ‘‘these originally non-U.S. bound shipments confirmed that the antidumping law This decision is not intended to alter the mandates the knowledge test as applied standard for imputed knowledge pursuant to were delivered to the U.S. without prior by the Department in these prior cases. 19 U.S.C. 1677a(b). As both FAG and knowledge of Ilyich. Therefore, In NSK, the Department classified Commerce acknowledge, section 1677a(b) consistent with * * * Department Honda as a reseller after concluding that requires knowledge that the merchandise is practice, we have not included the Honda’s Japanese suppliers were purchased from a reseller for exportation to pirated sales in the final margin the United States * * *. Under 19 U.S.C. calculation.’’ unaware of the ultimate destination of 1677b(a) it is not necessary for the the merchandise they sold to Honda. LG states that the Department cited respondent to have knowledge that all of the Yue Pak, Ltd. v. United States, Slip Op. The Court agreed, emphasizing the merchandise sold is destined for the United 96–65 at 9 (‘‘CIT’’), aff’d. 1997 U.S. App. statutory language and legislative States in order to impute knowledge that the LEXIS 5425 (Fed. Cir. 1997) (‘‘Yue Pak’’) history upon which the Department’s sales were not intended for home in the fourth review final results in knowledge test is based. Specifically, consumption. support of its contention that U.S. the Court quoted the portion of the LG states that, in Tapered Roller resales may be charged to a supplier that statute which states that U.S. purchase Bearings and Parts Thereof from China did not know, but should have known, price is ‘‘the price at which (‘‘TRBs II’’), the Department had that the United States was the ultimate merchandise is purchased, or agreed to occasion to consider the ‘‘perfect’’ destination of its shipments. But, be purchased, prior to the date of scenario envisioned by the Court in according to LG, Yue Pak fails to importation, from a reseller or the NSK. In TRBs II, the petitioner argued support the Department’s legal theory. manufacturer or producer of the that suppliers ‘‘knew or had reason to First, no party in that case argued that merchandise for exportation to the know’’ that sales to a reseller were under the antidumping law ‘‘should United States.’’ The Court cited the destined for the United States because have known’’ is not a sufficient standard legislative history to this provision: TRBs sold to the U.S. market were all for attribution of U.S. sales, and the If a producer knew that the merchandise identified with the supplier’s trade Court was thus not presented with the was intended for sale to an unrelated name, constituting ‘‘sufficient evidence relevant issue. Second, from the facts purchaser in the United States under terms on the record for the Department to cited by the Court, it is apparent that the of sale fixed on or before the date of impute knowledge on behalf of the record evidence established that the importation, the producer’s sale price to an suppliers.’’ In response, the reseller suppliers knew that the merchandise unrelated middleman will be used as the argued that ‘‘NSK requires the purchase price. was destined for the United States; the Department to find evidence of actual Court’s references to whether the LG states that the NSK Court knowledge that particular sales were suppliers should have known are thus acknowledged that the Department’s destined for importation into the United dicta. Third, neither of the cases cited knowledge test requires a ‘‘high States.’’ In response to these arguments, by the Court for its interpretation of standard’’ which could possibly be the Department held: section 772(b) of the Act, 19 U.S.C. exploited by ‘‘the ‘perfect’ scenario, Lacking evidence of actual knowledge that 1677a(b), see 20 CIT at 498, support the where a reseller hides the ultimate particular sales were destined for the United ‘‘should have known’’ theory; rather, destination of its purchases from its States, we cannot assume such knowledge, both cases clearly state that the supplier foreign suppliers,’’ but found regardless of general knowledge that some must know that the merchandise is nevertheless that ‘‘such a standard is merchandise was intended for exportation to destined for the United States. Finally, necessary to fulfill the statutory intent the United States. to the extent that Yue Pak is contrary, that purchase price be based on sales of LG argues that the Department in it has been overruled by the CIT’s later goods sold abroad with the intent of TRBs II recognized that even when a disposition of this issue in NSK and being exported to the U.S.’’ According reseller hides the ultimate destination of INA, both of which make clear that to LG, both the stress on the word its purchases from its foreign supplier, section 772(b) of the Act, 19 U.S.C. ‘‘knew’’ in the quoted legislative history and there is no evidence that the foreign 1677a(b) and its legislative history allow and the Court’s emphasis on the supplier had actual knowledge that U.S. sales to be charged to a producer ‘‘intent’’ of the seller make clear that the particular sales were destined for the only ‘‘[i]f a producer knew that the U.S. sales may not be attributed to the United States, the Department may not merchandise was intended for sale to an foreign producer if the producer did not attribute the resulting U.S. sales to the unrelated purchaser in the United actually know that the United States supplier, regardless of whether the States.’’
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In sum, LG asserts that the CIT has showed that this shipment was sent to and, so far as LG ever knew, the goods clearly and consistently held, in line the United States; and (3) did not enter into the Customs territory with the consistent practice of the correspondence from a New York of the United States. LG concludes that Department, that the Department may company regarding this shipment was Persulfates thus squarely contradicts the treat third country sales as U.S. sales of dated before the issuance of the sales Department’s suggestion that the route a producer only if the producer knew, contract. of the shipments from LG to its third at the time of sale, that those particular LG argues, contrary to the country customer renders irrelevant the sales were destined for the United Department’s conclusion that LG’s sales question of whether LG knew that the States. LG contends that there is no to the Mexican customer ‘‘were shipped goods would enter the United States. evidence on the record that they by LG directly to the United States,’’ LG also argues that the Department actually knew that its sales were that the undisputed facts on the record should correct errors committed in its destined for the United States. Thus, it show that the customer’s purchases calculation of the dumping margin on was unlawful for the Department in the from LG were transported by its freight the diverted sales. LG contends that the preliminary results to consider the forwarder from arrival in the United Department may not apply adverse FA diverted shipments to have been U.S. States in bond, just as the Mexican ignoring the timely data submitted by sales of LG. customer had agreed. LG asserts that the LG concerning the unlawfully diverted LG argues that the circumstances of Department is prohibited from treating shipments. LG contends that it the sales to its Mexican customer did goods transported in bond as U.S. sales submitted timely expense data not provide LG with knowledge that the for purposes of the antidumping law concerning the Mexican sales, which diverted sales were destined for because in-bond entries do not enter the the Department chose not to accept, importation into the United States. Customs territory of the United States instead opting for adverse FA to According to LG, in the fourth review for consumption. LG maintains that in determine the selling expenses for the final results, as in other cases cited Titanium Metals Corp. v. United States, diverted sales. LG argues that the above, the Department suggested that 19 CIT 1143, 901 F. Supp. 362, 364 Department’s action is an abuse of the diverted transactions be deemed (1995) (‘‘Titanium Sponge’’), the CIT has discretion and must be reversed in the U.S. sales of LG, regardless of whether explicitly confirmed this point, holding final results. LG knew the shipments’ final that goods entered for transportation in LG cites Olympic Adhesives, Inc. v. destination, because LG sometimes dealt bond are not entered for consumption, United States (‘‘Olympic Adhesives’’), directly with the customer’s U.S. parent and thus cannot be included in the where the Court ruled that if a company company and because it arranged for the dumping margin calculation, because was sent and completely answered DRAMs to be shipped in bond through the law restricts the assessment of repeated questionnaires, and nothing in the United States. This argument, LG antidumping duties to merchandise the record suggests that the company maintains, is contrary to numerous entered or withdrawn from warehouse withheld information, the Department is Department precedents. for consumption. not allowed to use best information LG contends that the shipment route Further, LG claims that the available. LG additionally cites Ferro chosen by LG’s customer is simply not Department’s interpretation of Union, Inc. v. United States and Borden, relevant to the question of whether LG Persulfates from the PRC (‘‘Persulfates’’) Inc. v. United States as particular knew the ultimate destination of the is wrong and entirely contradicts the examples where the Department must merchandise. According to LG, the proposition that sales may not be implement a narrower interpretation of relevant inquiry is what LG knew at the considered to be U.S. sales by the when to use FA. time of sale about the goods’ final supplier unless (i) the supplier had LG contends that the Department’s destination, not what route the goods actual knowledge that the goods would rejection of LG’s reported expenses in traveled to get there. be resold to the United States, and (ii) conjunction with its sales to the LG asserts that the Department has the goods actually entered the Customs Mexican customer cannot be justified many precedents on this issue which territory of the United States. and is clearly unlawful under the uniformly hold that dealings with a U.S. LG argues what dictated the result of standard of Olympic Adhesives. LG company or a shipment route through Persulfates was not that the producer contends that the Department has failed the United States do not transform a shipped the goods to the United States, to show that LG withheld requested third country sale into a U.S. sale. LG but that the producer shipped the goods information, failed to provide maintains that, in Magnesium, the to the United States knowing that the information by the applicable deadlines Department ‘‘found nothing to indicate customer planned to enter the goods or in the form and manner requested, any unreported instances of into the United States, rather than ship significantly impeded this proceeding, merchandise being sold with the them in bond to a third country. LG or provided information that was not knowledge at the time of sale that the further asserts that the Department has accurate or verifiable. Thus, the ultimate destination was the United described its decision in Persulfates as Department’s use of adverse FA in this States,’’ and refused to reclassify as U.S. turning on the producer’s knowledge, review does not meet even the sales certain third-country sales with stating that ‘‘in cases where evidence minimum required statutory conditions purchase orders placed by a U.S. firm, exists that a supplier had knowledge for the use of non-adverse FA. determining that purchase orders placed that the ultimate destination of the Further, LG disputes the Department’s by a U.S. company do not constitute merchandise was the United States, two justifications for the use of adverse evidence that the respondent had such as * * * Persulfates, we have inferences with respect to the Mexican knowledge the sale was destined for the considered the sale by the supplier to sales. First, LG disputes the reasoning United States. Likewise, in Manganese the reseller as the starting price in our that ‘‘because LG did not report these Sulfate from China, the Department margin calculations.’’ In direct contrast sales as U.S. sales, we are not using the determined that a transaction was not a to Persulfates, LG claims that LG’s expenses.’’ LG argues that the U.S. sale even where (1) the bill of customer was outside the United States, Department may not punish it simply lading listed the destination as a U.S. and LG’s products were shipped to a for taking a position regarding the port; (2) PRC Customs export statistics’ bonded area, for further in-transit underlying sales—a position supported printout of exports to the United States bonded shipment to a third country, by Department and Court precedents—
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69710 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices with which the Department disagrees. purchased from LG in its own Micron, it would have been readily LG additionally disputes the contention production, the company evidently apparent that the Mexican company that the Department was unable to refurbished more computers than is could not do what it said it was doing. verify these sales. Because none of the possible for such a small company. During the POR, Micron alleges that expenses in question are transaction- (And this estimation does not take into the Mexican customer acted as a broker specific, none are in any way different account the fact that the computers for LG’s products. Micron states that for the diverted sales than for the U.S. being re-furbished would already most brokers have to take the risk, when sales, and the Department verified each contain some pre-existing DRAMs.) they purchase DRAMs, that the price expense. Further, Micron argues that this is an they can command on resale may fall In conclusion, LG argues that the unheard of quantity for a second-hand below their own purchase price. LG, Department may not treat as U.S. sales computer vendor, and would put it however, allowed the Mexican customer third country sales for which there is no among the top tiers of new computer to distribute its DRAMs without such a evidence of entry into the United States. vendors. Micron contends that if the risk. When the customer eventually sold LG contends that in the fourth review Mexican customer had really shipped the LG DRAMs, from several days to the Department did not include all the that many computers in a year, it would several weeks after it had bought them, sales to the third country customer, but have been a much better known name. LG reinvoiced the customer at a new only sales for which there was Furthermore, the story of refurbishing price. Until near the end of the POR, corroborating Customs documentation old computers is inconsistent with the when there was a temporary rise in which showed that the merchandise type of modules purchased. The market prices, the new price was always was entered into the United States. LG overwhelmingly vast majority of the lower than LG’s other customers. states that whether the error was sales are of newer model DRAMs the According to Micron, its research intentional or inadvertent, however, the type that cannot be used in the older indicates that the price for the Mexican Department should correct this error in computers that the company was customer was always lower than the the final results. The law is clear that refurbishing. The more advanced open market, or ‘‘spot’’ market, at the the Department may not treat as sales to DRAMs are for use in newer generation time of the re-invoicing. the United States sales that did not enter computers. In short, according to Micron asserts that LG’s Mexican the United States. Micron, the company was buying customer buys the DRAMs, and In rebuttal, Micron argues that the modules for use in the newest PCs. immediately tries to sell them into the Department properly determined that With regard to manufacturing, Micron spot market, with LG’s knowledge and LG knew or should have known that the states that, during the POR, the assistance. When it has a buyer, it unreported sales to its customer in company purchased a large amount of informs LG of the price, and based on Mexico were destined for the United DRAMs for manufacturing. Micron the spot price, LG re-invoices the sale. States. According to the petitioner, the points out that in his declaration, Mr. Thus, Micron maintains that the facts volume and pattern of the sales, the Simon stated that the facility in Tijuana indicate that LG always knew that it was circumstances of the placement of had two manufacturing lines, with three dealing with a DRAM broker, not an orders and payment by the customer’s or four workers each. These, Micron OEM. The fact that LG felt compelled to U.S.-based parent, and the delivery of contends, are also evidently the same come up with the thoroughly the subject merchandise by LG to the lines on which computers and other implausible story of this customer being customer’s agent in the United States, products, according to Daniel Lee’s a computer accessory manufacturer and all substantiate the Department’s finding declaration, were being refurbished. refurbisher means that it had something that LG knew or should have known Micron alleges that this means that Mr. to hide. that the ultimate destination of the sales Simon and Mr. Lee believed that it was Micron argues that LG continues to was the United States. reasonable that a small amount of misinterpret the law regarding whether Micron disputes the ‘‘facts’’ submitted workers could use a large amount of actual knowledge is required to impute by LG. According to Micron, the DRAMs to manufacture computer sales. According to Micron, the standard declarations of Mr. Simon and Mr. Lee applications, while at the same time for attributing U.S. sales to a foreign of LG, regarding LG’s Mexican producing a great many computers. producer or exporter is not restricted to customer, are not ‘‘facts,’’ but simply According to their declarations, both ‘‘actual knowledge,’’ but is whether the statements from interested parties Mr. Simon and Mr. Lee had worked for producer or exporter ‘‘knew or had which do not square with neutral LG for many years, and would have reason to know’’ that such sales were observers who claim something visited many computer manufacturing destined for the United States. Micron different. Micron cites a Dun & facilities while on sales calls. Micron argues that in attributing U.S. sales to a Bradstreet (‘‘D&B’’) Report which contends that they would have noticed foreign producer or exporter, characterizes the company as a very immediately the disparity between the longstanding administrative practice small operation. quantity of merchandise purchased and and judicial rulings, consistent with the Micron asserts that it is not credible the size of the companies facilities. statute’s legislative history, establish that Mr. Simon or Mr. Lee, if they had Micron concludes that the statements that the Department may find either actually inspected the facilities of LG’s that they thought the facilities could direct evidence of knowledge, or impute Mexican customer, would have handle the quantity are extremely self- such knowledge, provided in either concluded that the company could have serving, but are just not credible. event its finding rests on a reasonable consumed internally all of the Micron argues that if LG really did not factual foundation. While the merchandise that it purchased from LG. know what the company was doing, it Department can rely on direct evidence Micron also submits that the quantity would be because nobody had actually of actual knowledge, such evidence is of DRAMs that the company was buying visited the Tijuana facilities. The fact rarely forthcoming. Therefore, Micron makes it impossible for it to have been that they described the Tijuana facilities maintains that the Department is not as small an operation as D&B and LG in terms similar to those in the D&B restricted to an actual knowledge test, officials reported. Thus, according to report indicate that they had either and may impute knowledge, as Micron, if it really were an OEM visited the facilities or had read the D&B warranted, as was referenced in the consuming the merchandise it report. In either case, according to Department’s May 27, 1999,
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69711 memorandum in this review. The maintains that consistent with the specific group of sales, and compiled an Department applied this standard here. legislative history, the Department’s extensive record on the distinct facts Micron states that the statute’s longstanding and current practice is to and circumstances bearing on LG’s legislative history expressly supports determine whether the foreign producer reason to know that these particular the Department’s ‘‘knew or had reason ‘‘knew or had reason to know’’ that the sales to this particular customer were to know’’ standard. See section 772(a) of sales in question were destined for the destined for the United States. the Act, 19 U.S.C. 1677a(a). According United States. The Department makes Similarly, according to Micron, LG to Micron, although the current statute its knowledge finding on a case-by-case contends that the CIT’s ‘‘knew or had does not directly address how the basis after assessing all of the reason to know’’ test is relevant only to Department should determine information on the record. Micron the issue of knowledge of sales in the attribution of sales ‘‘for exportation’’ to alleges that the courts have repeatedly home market under section 773(a) of the the United States, the legislative history upheld the Department’s practice. See, Act, 19 U.S.C. 1677b(a), as opposed to to the term’s predecessor provision, e.g., Federal Mogul Corp. v. United knowledge of sales for export to the ‘‘purchase price,’’ does. States, 17 CIT 1015 (1993) (‘‘If the ITA United States. LG Case Brief at 27. The Micron states that in the Trade finds that respondents knew, or should INA case, Micron maintains, stands for Agreements Act of 1979, Congress have known, that sales to Japanese no such proposition. modified the definition of ‘‘purchase OEMs with U.S. affiliates were destined Micron claims that in INA, the Court price’’ in 19 U.S.C. 1677a(b) to provide for the U.S. market, the ITA will clarified the standard for determining statutory authority for the disregard those sales in calculating whether sales of a respondent may be administrative practice of basing U.S. FMV’’); Yue Pak. Micron argues that, in included in the home market database. price on the transaction from a producer Yue Pak, the CIT expressly The Court stated that the test was to an unrelated reseller if the producer acknowledged that ‘‘Commerce whether the respondent ‘‘knew or knew that the product was destined for interprets the phrase ‘‘for exportation to should have known that the the United States. The statute did not the United States’’ to mean that the merchandise was not for home market indicate the degree of knowledge reseller or manufacturer from whom the consumption based upon the particular necessary to find that a producer knew merchandise was purchased knew or facts and circumstances surrounding the the destination of the merchandise, but should have known at the time of the issues.’’ The Court did not construe, and the SAA adopted with the Trade sale that the merchandise was being in fact, made clear it was not altering, Agreements Act of 1979 (H.R. Doc. No. exported for the United States,’’ and the standard for imputed knowledge of 153, 96th Cong., 1st Sess., at 411 (1979)) U.S. sales. The Court merely noted that { stated that it has upheld this states: ‘‘The definition of purchase interpretation. Yue Pak, 20 CIT at 498. while knowledge (actual or imputed) of } the U.S. destination must be established price makes clear that if the producer The Court of Appeals affirmed the CIT knew or had reason to know the goods to treat an exporter’s sales as sales to the decision in Yue Pak, adopting the were for sale to an unrelated U.S. buyer, United States, it was not necessary to holding and reasoning of the Court and the terms of the sale were fixed or find such knowledge of the ultimate below. 111 F.3d 141–42. determinable from events beyond the destination in order to exclude sales for control of the parties as of the date of Micron alleges that LG ignores this export from the home market database. importation, the producer’s sales price longstanding practice, however, The Court never suggested that imputed will be used as the ‘‘purchase price’’ to contending that several of the knowledge was only permissible in be compared with that producer’s Department’s determinations and considering home market sales. foreign market value.’’ The Department certain judicial rulings require evidence According to Micron, LG’s arguments has explained that its application of the of ‘‘actual’’ knowledge. LG, Micron regarding Yue Pak are incongruous knowledge standard is based upon the argues, misreads these cases. They do because, as discussed above, NSK and House Report language cited in the 1979 not repudiate use of the ‘‘knew or INA no more directly address LG’s SAA. should have known’’ standard. Rather, contention that ‘‘should have known’’ is Moreover, Micron asserts that, when as discussed below, those cases turned not a sufficient basis for attributing sales Congress amended the statute in 1994, on whether there was evidence of than does Yue Pak. Neither of these changing ‘‘purchase price’’ to ‘‘export knowledge, actual or constructive, with cases discredit, but instead clarify, the price,’’ it made clear that respect to the destination of the sales in Department’s constructive knowledge ‘‘notwithstanding the change in question. For example, Micron contends standard. Indeed, far from ‘‘overruling’’ terminology, no change is intended in that LG’s assertion that the Court, in Yue Pak, neither NSK nor INA even the circumstances under which export NSK, implicitly rejected a reason to reference the Court’s earlier decision in price (formerly ‘‘purchase price’’) versus know standard is simply erroneous. The Yue Pak. CEP (formerly ‘‘exporters sales price’’) point of the Court’s holding in NSK, Moreover, Micron claims that, LG are used.’’ See 1994 SAA, H.R. Doc. according to Micron, is that knowledge inaccurately describes both the facts and 103–316, 103d Cong., 2d Sess. (1994), at of the ultimate destination of the goods, the law under Yue Pak. According to 822–23. Micron claims that Congress whether actual or constructive, must Micron, the Department and the CIT implicitly endorsed retention of the exist with respect to particular sales. considered extensive evidence that ‘‘knew or had reason to know’’ standard The type of required knowledge does indicated knowledge by the PRC under the old law when it changed not, as LG asserts, limit the evidentiary producers, but very little if any of the purchase price to export price, and the basis to proof of actual knowledge, or evidence could be considered the sort of Department continues to apply that some admission by the producer. direct evidence that would permit a standard to attribute to a foreign Micron states that the Department may finding that the PRC suppliers in producer or exporter sales destined for reasonably impute knowledge question actually ‘‘knew’’ of the U.S. the United States. concerning the ultimate destination of destination, such as when a producer is Micron argues that the Department’s particular sales if the facts support such informed in advance of the U.S. administrative practice and judicial an inference, as they clearly did here. destination, or otherwise admits its precedent support the ‘‘knew or had Unlike the situation in NSK, in this awareness. Rather, the bulk of the reason to know’’ standard. Micron case, the Department looked at a very evidence was what might be considered
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69712 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices indirect, i.e., specific labeling Similarly, Micron maintains that the In the Persulfates determination, instructions relaying DOT and OSHA Ukrainian Plate decision starkly differs according to Micron, the ‘‘knowledge’’ requirements, special order purchase from the instant case. There, the (or lack thereof) of the ultimate practices, and the percentage of Department had no basis to entertain destination was not relevant; it was shipments to the United States versus imputed knowledge, because the sufficient that the producer had those to third countries. Such evidence, evidence in this regard was virtually knowledge that the goods were being Micron asserts, is precisely the sort of nonexistent. The Department has vastly shipped to an unaffiliated purchaser in evidence indicating that the producer more information in support of its the United States, and that the had ‘‘reason to know’’ of the U.S. decision in the instant case. purchaser entered the goods for destination, and thus the CIT’s Micron alleges that in an attempt to consumption. In this regard, Micron affirmance of the Department’s finding side-step the collective impact of the maintains that Persulfates offered an of knowledge is directly relevant here. multiple factors supporting the alternative basis for attributing the sales Nor, according to Micron, does LG’s Department’s preliminary decision here, in question to LG, as the fact that the citation to TRBs II support its theory of LG addresses each factor in isolation, Mexican customer entered the the knowledge standard. LG seizes on arguing that such factors as ‘‘dealings merchandise for consumption in the the Department’s statement in that case with a U.S. company or a shipment United States rendered the knowledge that ‘‘lacking evidence of actual route through the United States do not issue irrelevant. knowledge that particular sales were transform a third country sale into a Micron believes the Department’s destined for the United States, we U.S. sale.’’ Aside from assuming the application of adverse FA in the cannot assume such knowledge, conclusion—that these were ‘‘third calculation of the margins for the regardless of general knowledge that country sales’’—the decisions cited by Mexican sales is appropriate. Micron some merchandise was intended for LG can all be distinguished from the states that the Department should apply exportation to the United States.’’ instant case. a total adverse FA rate to all of LG’s U.S. However, Micron argues that the With respect to Magnesium, Micron direct and indirect sales. Department was merely noting that the contends that LG confuses the Micron maintains, however, that if a proper evidentiary basis must exist in allegations by the petitioner with the calculation of the rate for the Mexican order to infer knowledge; it was not findings made by the Department. sales is required, the Department acted abandoning its longstanding knowledge There, the Department found that the in accordance with law in using adverse standard. Indeed, the Department producer did not know until after the FA to determine LG’s dumping margin reaffirmed the ‘‘knew or had reason to time of sale that it was selling to a U.S. for the preliminary results, and should know’’ formulation in the immediately customer. Here, by contrast, the use the same methodology for the final following section of the decision, producer’s U.S.-based sales outlet, LG, results. Micron argues that LG withheld finding that respondent Premier’s was very clearly dealing directly and requested information, failed to provide suppliers were unaware of the U.S. repeatedly with the U.S.-based information in the form and manner destination of their merchandise. customer. Similarly, in Manganese requested, significantly impeded the Further, Micron alleges that other Sulfate from China, it was not until after proceeding, and failed to act to the best cases cited by LG similarly do not the date of sale that the shipping of its ability to comply with the repudiate a constructive knowledge document showing the U.S. port as the Department’s request. See 19 U.S.C. standard, but merely show that where destination of shipment was issued, and 1677e. According to Micron, LG there was no reasonably plausible numerous other factors indicated lack of deliberately withheld important evidence suggesting the producer had knowledge. And in Tapered Roller information requested by the knowledge at the time of the sale that Bearings from China, purchase orders Department concerning U.S. sales, and the particular sales were destined for from a U.S. company were insufficient attempted instead to characterize that the United States. Therefore, the to impute knowledge because the information as sales to third-countries. Department need not consider, let alone shipments were to a third country and Not only did LG fail to provide impute, knowledge. Micron contends there was no other evidence that the information of its U.S. sales in the form that such cases are a far cry from the producer was aware at the time of sale and manner requested by the situation here, where the record is that the merchandise was destined for Department, but LG’s willful attempt to replete with evidence establishing that the United States. mislead the Department, to LG’s benefit, the producer knew or had reason to In this regard, Micron takes issue with significantly impeded the proceeding. know of the U.S. destination of the sales LG’s contention that after LG had Micron argues that LG’s failure to in question. In such cases, the arranged for delivery of the goods to its submit requested data constituted Department can and does impute agent in the United States, they were ‘‘noncompliance with an information knowledge. transported away from the United States request’’ within the meaning of Olympic For example, Micron alleges that in in bond, and in-bond entries are not Adhesives. In addition, LG’s failure to Tapered Roller Bearings from China, considered to enter the Customs produce requested information when it there was no indication that the goods territory of the United States. Micron knew that these allegedly third-country ever entered the United States. In argues that, in fact, as the Department sales were in fact sales to the United contrast, Micron argues, in the present noted, LG shipped the DRAMs to its States, constituted a failure to cooperate. case the record shows not only purchase customer’s agent in the United States, Therefore, LG failed to act to the best of orders issued directly by the U.S.-based without requesting nor receiving its ability by knowingly withholding purchaser to the producer’s U.S.-based assurance that the goods would be information requested by the sales affiliate, but also delivery to the placed in Customs bond upon arrival Department. As a result, the Department purchaser in the United States, entry of and thereafter remain in bond until appropriately applied an adverse the goods for consumption in the United exported outside the United States. inference under Section 1677e(b) in States, and payment by the purchaser Moreover, as LG must acknowledge, the selecting from the facts otherwise from a U.S. bank. Thus, issuance of the goods were in fact entered for available. purchase orders by a ‘‘U.S. firm’’ is only consumption into the Customs territory Micron states that to facilitate its one piece of evidence among many. of the United States. analysis under Section 1677e, the
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Department has developed several exported for the United States.’’ See Yue refurbishment of computers and factors that it applies on a case-by-case Pak. See also Peer Bearing Co. v. United printers. Furthermore, the amounts the basis. See SAA at 870 (‘‘In employing States, 800 F. Supp. 959, 964 (CIT customer purchased were so enormous adverse inferences, one factor the 1992), Certain Pasta From Italy: they had to appear inconsistent with the agencies will consider is the extent to Termination of New Shipper size of the third-country DRAM markets which a party may benefit from its own Antidumping Duty Administrative in question. Moreover, as Micron points lack of cooperation.’’); Antifriction Review, 62 FR 66602 (1997), and out, this customer could be expected to Bearings (Other Than Tapered Roller Manganese Sulfate. While the statute sell the vast majority of its merchandise Bearings) and Parts Thereof From does not indicate the degree of to the United States. Consequently, not France et al.; Final Results of knowledge necessary to find that the only was it reasonable to assume that Antidumping Duty Administrative producer knew the destination of the this firm would sell some or all the Reviews, 62 FR 2081, 2088 (Jan. 15, merchandise, the courts have stated that subject merchandise that it purchased, 1997) (considering (1) the experience of even if a respondent denies knowledge but that it would sell the merchandise the respondent in antidumping duty of the destination of its sales, the to the United States. proceedings, (2) whether the respondent Department may review all facets of a In summary, based on the nature and was in control of the data which transaction, and based on extrinsic characteristics of these transactions, we Commerce was unable to verify or rely source data, determine that it is conclude that LG knew, or should have upon, and (3) the extent the respondent appropriate to impute knowledge in a known, that the merchandise was might have benefitted from its own lack given case. See INA 1997, 957 F. Supp. destined for the United States. of cooperation); see also Extruded at 265. Considering the above, and as more Rubber Thread from Malaysia; Final In the matter of these unreported fully described in the above-mentioned Results of Antidumping Duty sales, first we note that LG essentially agency memorandum, the Department Administrative Review, 63 FR 12762 dealt with a U.S. customer. When has decided to include the unreported (Mar. 16, 1998) (using same criteria). shipping the merchandise, LG took no sales during the POR in the analysis Micron alleges that in applying these steps itself to ensure that, when the conducted of LG’s sales for these final factors to this case, it is indisputable merchandise was delivered to the review results. See the FA section of that the Department’s use of total United States, it was subsequently this notice for a discussion of the FA adverse FA to determine LG’s dumping placed under Customs bond and that were applied in the case of LG. margin was warranted. Not only is LG transported to a third country, clearing Comment 2: LG’s Knowledge of U.S. an experienced respondent in the Customs upon export from the United Sales: Germany. On September 13, 1999, annual review processes, but LG was in States. What the record shows is that LG the Department placed on the record a control of the U.S. sales data requested, sold an enormous amount of DRAMs to memorandum and accompanying and due to its deceptive failure to report a very small company and turned the exhibits regarding certain LGSG sales to these sales, the Department was unable merchandise over to the customer in the a customer in Europe that subsequently to verify such information. More United States. Consequently, in contrast shipped the LG DRAMs in question to important, however, LG stood to benefit to such cases as Ukraine Plate and its related entity in the United States. from its lack of cooperation. Had the Magnesium, LG knew for certain that it The documents consisted of an Department not known of LG’s U.S. was shipping DRAMs into the United anonymous e-mail from a former LG sales, its calculation of LG’s dumping States. employee, LG verification exhibits, U.S. margin would be skewed in LG’s favor. Moreover, this is not a situation Customs data, and a signed declaration Micron contends that this is simply where an exporter sells and ships a concerning this transaction chain from a unacceptable. See SAA at 870. relatively small amount of subject former LG salesman. On October 7, DOC Position. A full discussion of our merchandise to a third country and 1999, LG submitted information in final conclusion, which requires then, sometime much later, the response to the Department’s September references to proprietary information, is customer reexports the merchandise to 13, 1999, memorandum. Other included in the December 6, 1999, the United States. In this case, we are interested parties also filed relevant Memorandum from John Conniff to confronted with a staggering amount of factual information regarding this matter Holly Kuga regarding sales through a merchandise that is being shipped by by letter dated October 7, 1999. third country by LG contained in the LG directly to the United States. The LG questions the Department’s official file for this case. Generally, merchandise is subsequently being placing these allegations on the record however, we have found that the record entered for consumption into the United so late in the proceeding, and states that evidence concerning unreported sales States within days, if not hours, of it nothing in the September 13, 1999, supports the conclusion that LG knew, leaving the possession of LG. memorandum or elsewhere in the or should have known, that at the time The relative size and nature of the record provides a lawful basis for the it sold the subject DRAMs, the purchaser’s operations and the quantity Department to treat sales of DRAMs by merchandise was destined for of acquisitions it made are germane to LG’s German subsidiary to its European consumption in the United States. this case in several respects. The customer as ‘‘U.S. sales’’ of LG. To the With respect to knowledge, we do not amount of purchases this customer contrary, LG argues that the record agree with LG’s contention that the made are not modest. In fact, the provides no evidence that any Department may not assign a FA rate on entered value of these transactions was responsible official of LG knew, at the the basis of the unreported sales since quite large. However, based on LG’s time of sale, that these particular LG had no actual knowledge of the description of the purchaser’s shipments were ultimately destined for diversion of these sales. Numerous court operations, it is clear that this party was the United States. decisions, including those by the U.S. not equipped to absorb such a vast LG contends that the record before the Court of Appeals for the Federal Circuit, amount of DRAMs. In particular, LG Department provides overwhelming have held that the appropriate standard should have known that the purchaser evidence that LG correctly considered for making this decision is ‘‘knew or was buying more DRAMs than it these sales to Germany as third-country should have known at the time of the reasonably could consume in the sales and accurately treated them as sale that the merchandise was being manufacture of modules or the such in this proceeding. Furthermore,
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LG claims that the evidence circumstances, where LG lacked ‘‘actual identify a manufacturer or even a demonstrates that the transactions knowledge that particular sales were product code. Thus, this record between LGSG and its European destined for the United States,’’ LG provides no evidence, other than two customer were motivated solely by maintains that the law is clear that the individual import transactions, that the legitimate business reasons and not by sales may not be considered as U.S. customer shipped to the United States pricing differentials or the existence of sales of LG. any DRAMs that LGSG had sold to it. an antidumping duty order. According to LG, the Department has According to LG, the European LG argues that, as a matter of law, placed on the record evidence obtained customer’s U.S. affiliate purchased because LG did not know that particular from the U.S. Customs Service that DRAMs in Europe as a method in order sales were destined for the United purports to ‘‘indicate * * * the to take advantage of various countries’ States, none of the sales can properly be likelihood that all of LG[’s] sales [to the Outward Processing Relief (‘‘OPR’’) treated as U.S. sales by LG. LG contends European customer] entered the U.S.’’ provisions. Although DRAMs later went that it is well-established that an LG believes that there are numerous to a duty-free status in Europe and there exporter may not report sales made to a deficiencies, however, in the evidence was no longer a need to use the OPR third country as U.S. sales unless the provided by the Department and the provisions, the supply chain had been exporter knew at the time of sale that conclusions that the Department draws established. LG states that, because of particular sales were destined for the from that evidence. LG states that from the reliability of this transaction chain United States. LG believes that the NSK the Customs data, quite the opposite is and the ‘‘historic’’ ties between the case is directly on point, because while true—all of LG’s sales to its European European customer and its U.S. affiliate, LG had generalized knowledge that customer did not enter the United the sales continued through this some of the DRAMs sold to its European States. channel. customer might ultimately be shipped to First, according to LG, the undisputed LG argues that it makes no sense for the United States, LG did not know that evidence on the record shows that the Department to conclude that LG any particular sales were destined for during the fifth review period, LGSG made sales through Europe in order to import into the United States. sold a great quantity of DRAMs to its avoid reporting them as U.S. sales when Similarly, LG argues that in INA, the European customer. The Customs data these transactions would have lowered CIT distinguished between the produced by the Department, however, its dumping margin. In the Department’s knowledge standard for treating sales to shows that fewer DRAMs were sold to recent decision in DRAMs from Taiwan, resellers as sales to the home market, the United States by its European the Department stated with regard to and the standard for treating sales to customer during this period. Thus, LG two separate incidents that no adverse export markets as sales to the United concludes that even if all DRAMs that action is warranted when a respondent States. Thus, LG argues, only if the Customs claims came into the United has erroneously reported or failed to respondent had known which specific States were manufactured by LG, there report sales but correcting the error sales were destined for the United States are still almost a majority of DRAMs would lower the respondent’s dumping could the Department have considered that were sold by LGSG to its European margin. Thus, even if the Department the sales to be U.S. sales under section customer that were not resold by the were to conclude that LG’s failure to 772(b) of the Act. LG asserts that in this customer into the United States. report these sales was an error, there case too, where LG did not have such Second, LG maintains that there is no would still be no cause for the knowledge, the sales to Germany cannot information contained in the Department to take adverse action be considered U.S. sales. Department’s Exhibit 3a concerning the against LG. Likewise, LG maintains that in identity of the manufacturer of the LG claims that an e-mail sent by a Tapered Roller Bearings and Parts DRAMs imported into the United States. former LG employee to the Department Thereof from China, the Department LG alleges that the Department has accusing LG of dumping DRAMs into followed the holdings of NSK and INA placed on the record only two instances the United States through its sales to the in finding that generalized knowledge of underlying invoices in which LG is European customer is unreliable and by suppliers that some sales to a reseller identified as the manufacturer, and has no evidentiary value. LG asserts that were destined for the United States was these two imports cover an insignificant the employee left the company under not adequate to treat the suppliers’ sales amount of units. Thus, LG contends that unfavorable circumstances. LG as U.S. sales. Thus, according to LG, the there is no way to determine, much less submitted in its letter on October 7, Department has stated explicitly and conclude that it is ‘‘likely,’’ that LG was 1999, a record of this individual’s unambiguously that the sort of general the manufacturer of all of the DRAMs employment which documented his knowledge that some merchandise was imported by its European customer into problems with the company. LG intended for exportation to the United the United States. For all the record believes in light of the circumstances of States that LG possessed with regard to shows, the remaining DRAMs imported his termination, the e-mail is wholly the subject sales is insufficient for the into the United States could all have unreliable as evidence against LG. sales to be treated as U.S. sales by LG. been manufactured by Samsung or other Additionally, LG argues that the LG contends that the record in this DRAM suppliers. evidence of an accountant who had no case establishes that LG did not know, Finally, LG claims that, for more than involvement in sales lacks probative and had no way of knowing, that any half of the transactions between LGSG value, particularly when that evidence particular sales by LGSG to Europe were and its European customer, the is evaluated in light of his obvious bias destined for the United States. Indeed, Department is unable to provide any and when that evidence is measured LG does not know even now which of evidence linking these sales to the against abundant, reliable evidence that its sales to its European customer were specific Customs data regarding U.S. entirely contradicts it. destined for the United States because it entries of Korean DRAMs. For the LG also questions the veracity of the distributed the DRAMs that it bought remainder of the transactions between declaration by Mark Vecchiarelli, the LG from LG both to the United States and LGSG and the European customer, manager responsible for sales LG to the elsewhere, and did not inform LG as to which the Department has purported to customer in question during the POR. the destination of the goods either link to particular U.S. imports by the LG has registered its strenuous before or after the time of sale. In these customer, the Customs data fail to objections to the Department’s conduct
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The him and in drafting multiple versions of Vecchiarelli’s statement that egregious conduct demonstrated by his declaration. merchandise was ultimately destined respondent in this case demands that LG disputes Mr. Vecchiarelli’s claim for the United States, and that the the Department apply total adverse FA that he ‘‘was responsible for servicing parent ‘‘did not subcontract, anywhere to establish the dumping margin for LG. all of the semiconductor requirements of else in the world, the production of According to Micron, the information [the customer in question] on a memory modules using the discrete LG has submitted confirms that LG was worldwide basis’’ and that he was DRAMs LG sold to [it].’’ LG claims that well aware that the Korean-made ‘‘responsible for the pricing and supply Mr. Vecchiarelli was not in a position to DRAMs that it supplied through Europe decisions for all sales worldwide to the know or supply the customer’s global were being shipped to the United States. [company].’’ LG claims that Mr. supply needs. According to LG, Mr. Micron argues that the record evidence Vecchiarelli was responsible for all of Vecchiarelli only had control of supports the finding that LG had more LG’s sales to the parent company fulfilling the customer’s supply than its admitted ‘‘general knowledge’’ worldwide, but he was not responsible requirements through LG. regarding the U.S. destination of the LG for sales by other subsidiaries of LG to LG concludes its arguments by stating DRAMs sold to the European customer the branches of this company located that even if every word in Mr. in question. Micron maintains that the outside the United States. His successor, Vecchiarelli’s declaration is truthful and cumulative evidence of record— Mr. Pizarev, confirmed this account in accurate, nothing in Mr. Vecchiarelli’s including the sworn statement of Mr. LG’s October 7, 1999, submission to the declaration indicates that LG knew that Vecchiarelli and the Department’s Department. particular sales to its European corroborating data showing exact LG claims that during the time that customer were destined for the United correspondence between individual Mr. Vecchiarelli worked for LG, it was States. While some specific orders from LGSG sales to the customer in question Mr. Sung-Jung Woo of LGSG who was LGSG may have been shipped in their and individual import transactions in responsible for making sales from LGSG entirety to its U.S. affiliate, others the Customs data—indicate that LG had to Europe, not Mr. Vecchiarelli. LG also clearly were not; some or all of the actual knowledge that particular sales to disputes Mr. Vecchiarelli’s statement DRAMs in those other orders were sent its European customer were for export that he ‘‘left LG on good terms for a elsewhere, to destinations outside the to the United States. more lucrative position and for the United States. Rather, LG maintains that Thus, Micron claims that, as LG itself career advancement opportunities the evidence on the record shows that points out, during the fifth review available at TranSwitch.’’ LG claims that while LG had generalized knowledge period LG sold a great amount of Mr. Vecchiarelli left his employment at that some DRAMs sold to its European DRAMs to the European customer in LG to become the Western Area Sales customer might end up in the United question. According to Micron, the Manager at Macronix America, a States, LG did not know that any available Customs data show that, subsidiary of a well-known Taiwanese particular sales were destined for the during the same period, the European memory semiconductor producer and a United States. Further, LG contends that customer’s U.S. affiliate imported a direct competitor of LG. LG believes this the evidence on the record shows that large quantity of DRAMs that LG sold to omission obscures Mr. Vecchiarelli’s there were no significant differentials the European customer in question. credibility. between LG’s prices in Europe and in Moreover, Micron states that the Further, LG disputes Mr.Vecchiarelli’s the United States. LG also questions the available data show that a significant statement that he ‘‘made sales to [the credibility of the assertions made by the portion of these transactions were back- customer’s] divisions located outside two ex-LG employees referred to in the to-back, with the sale from LGSG to the the United States and arranged for other materials released by the Department. European customer coinciding with a LG entities to supply the For all of these reasons, LG states that corresponding shipment (units and semiconductors to these * * * divisions it is clear that the Department in the value) from its European customer to for ultimate delivery to [its] final results should not treat LGSG’s the U.S. affiliate. Micron contends that manufacturing facility in the United sales to the customer in question as U.S. the correspondence of the sales volume States.’’ According to LG, Mr. Sung-Jung sales of LG. admittedly sold from LGSG to the Woo of LGSG was responsible for Micron argues that LG engaged in European customer to the available making these sales, not Mr. Vecchiarelli. multiple schemes to manipulate the Customs import data provides sufficient In addition, LG points out that Mr. calculation of its dumping margin by evidence of LG’s actual knowledge that Pizarev, who was trained by Mr. supplying the U.S. market with subject particular sales were destined for the Vecchiarelli to be his permanent merchandise shipped through United States. successor as the account manager, has intermediaries and third countries. Micron disputes LG’s claim that the attested to the fact that Mr. Vecchiarelli According to Micron, LG’s attempts to Department lacks sufficient information never mentioned that he sold DRAMS to explain away the unmistakable import to conclude that all of the entries of this customer in the United States of the record are unavailing. Two former Korean-made DRAMs shown on the through other LG subsidiaries in third employees of LG have come forward Customs import listing were in fact countries. with direct evidence of an evasion made by LG. First, Micron claims that Moreover, LG also claims a ‘‘floor’’ scheme in which LG supplied the U.S. the Customs listing of DRAM import price, or minimum price for the sales of market by shipping DRAMs through its transactions in Exhibit 3a to the DRAMs in the United States, as affiliate in Germany, knowing the September 22, 1999, Memorandum compared to Europe, did not exist. This DRAMs sold to the customer in question indicates that all of the transactions is documented by the fact that prices to were destined for the customer’s were entered showing Korea as the the European customer in question were operations in the United States. Micron country of origin and the customer in not in fact lower than LG’s prices in the contends this deliberate evasion of the question as the importer. Further, the United States. antidumping duty order has been fully Department’s September 22, 1999, In addition, LG argues that the substantiated by the sales data provided Memorandum indicates that the customer in question claimed multiple by LG at verification as well as the attached import transaction
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LG on good terms, and can proffer no Memorandum, identical as to quantity Micron maintains that the substantial reason why Mr. Vecchiarelli and value, further confirm that LG was unexplained second-hand nature of the should harbor any bias towards LG. the manufacturer of these DRAMs. statements attributed to Mr. Woo casts Second, Mr. Vecchiarelli’s apparent Finally, Micron alleges that the significant doubt on their reliability. employment at Macronix America customer in question never contended Micron contends that, since Mr. Woo immediately after leaving LG’s that the imports entered by its U.S. continues to be employed by LG, there employment provides absolutely no affiliate were manufactured by any party appears to be absolutely no reason why basis for inferring any bias against LG. other than LG. Since the customer does LG could not have provided a first-hand Mr. Vecchiarelli was no longer not dispute that all imports consist of account by Mr. Woo. For that reason, employed at Macronix at the time he LG-made DRAMs, and the sample the conclusory denials of LG’s provided his statement to the import documentation establishes that knowledge of the destination of the Department, so the basis for any LG was the manufacturer, it is sales should be given little weight. potential ‘‘bias’’ had already been reasonable to conclude that all of the Micron argues that the prices charged eliminated. Moreover, LG by its own listed entries consist of LG DRAMs. by LG to its European customer confirm actions has indicated that it did not Further, Micron alleges that the LG’s intent to evade the antidumping consider Mr. Vecchiarelli’s employment customer’s manufacturing operations order. According to Micron, the prices at Macronix to constitute a disqualifying reinforce LG’s knowledge of the U.S. charged by LG through its alternative bias against LG. As related in the destination of its sales. Micron argues sales through LG and LGSG confirm the Statement of Mr. Pizarev, Mr. that the statement of Mr. Vecchiarelli critical facts contained in the statement Vecchiarelli continued to be engaged by establishes that LG had actual of Mr. Vecchiarelli that LG maintained LG as a consultant ‘‘on a retainer from knowledge of the U.S. destination of the a ‘‘floor price’’ on its sales through LG LG for a couple of months’’ after he left discrete DRAMs that LG was supplying to the United States, and that LG made LG to work at Macronix. to the customer in question through sales through LGSG when the price Third, LG grossly mischaracterizes the third countries. Mr. Vecchiarelli needed to make the sales to its European supposed discrepancies in Mr. describes the particular types of DRAMs customer was below that ‘‘floor price’’. Vecchiarelli’s statement. Thus, LG first that LG was selling to the customer in Micron asserts that, in a market in contests his statement that he was question, and the operations in which which prices are continually declining, responsible for the pricing and supply those DRAMs were being utilized. prices averaged over twelve months can decisions for all sales worldwide to the Micron contends that any vendor be significantly skewed by the volumes customer in question. Yet LG’s own supplying a large multinational OEM sold at different times; and this was submissions confirm this statement. As with a large volume of product will not particularly true with sales by LGSG to already discussed above, LG submitted remain so ignorant of the OEM’s the customer in question. Indeed, the statement of another LG employee operations as LG contends to be. See Micron states that when prices are (Mr. Pizarev), who confirmed that the DRAMs from the Republic of Korea— examined on a daily basis, there is a parent company’s pricing is Revision of Exhibit 3 of the clear pattern confirming Mr. ‘‘centralized’’ worldwide. And the Department’s September 13, 1999 Vecchiarelli’s statement that LG was organization charts submitted by LG at Memorandum from John Conniff to the selling through LGSG in order to verification quite plainly indicate that File. continue to supply its European Mr. Vecchiarelli was in charge of Micron notes that LG places great customer’s U.S. affiliate. worldwide sales to the customer in reliance on the very generalized denials According to Micron, LG also points question. In fact, Mr. Vecchiarelli is of the customer in question. According to the statement of Mr. Vlad Pizarev, Mr. shown at the top of the chart, with the to Micron, the customer claimed that it Vecchiarelli’s successor, as indicating title ‘‘WW Act. Mgr’’. Furthermore, this uses discrete DRAMs in many that pricing is the one function that is document from the Department’s sales manufacturing locations other than the centralized worldwide. Micron states verification report clearly reviews the United States, but makes the most that LG emphasizes the statement: customer in question’s DRAM product generalized claim of alternative uses ‘‘Prices were usually the same needs on a worldwide basis, with and fails to identify even one specific worldwide.’’ Micron argues that, as information on products manufactured location where the purchased LG noted, this statement very pointedly at each location. DRAMs were being used. Moreover, does not dispute, and the establishment Micron reiterates that nowhere does Micron maintains, the denial is set forth of a single world-wide price for this LG deny that LG maintained a ‘‘floor in a compound form that lumps the LG- customer only confirms, LG’s need to price’’ system, as Mr. Vecchiarelli supplied DRAMs with DRAMs supply this customer in the United described it in his statement. purchased from all other vendors: States through an alternative route when In sum, Micron contends that Mr. ‘‘DRAM sold to the European IPO by the agreed-upon world-wide price is set. Vecchiarelli’s statement describing LG’s L.G. Semicon and other vendors went to Micron argues that Mr. Vecchiarelli’s evasion scheme is credible, corroborated a variety of [sites throughout Europe].’’ statement is corroborated by other by the Customs documents as well as by Micron states that LG attempts to evidence of record and provides every LG’s own sales documents, and buttress its story by attributing to the indication of reliability. According to confirmed in many respects both by arrangement some unsubstantiated, and Micron, LG makes an attack on Mr. LG’s and the customer in question’s internally inconsistent, business Vecchiarelli’s integrity in an attempt to admissions and by their failure to deny justifications. According to Micron, LG discredit his testimony. Those claims, critical aspects of the arrangement.
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Micron submits that LG’s complaints failed to provide any legal foundation corrected in the final results. regarding the Department’s procedures for its allegations concerning the Specifically, the Department should be summarily rejected. Department’s investigative procedures, inadvertently added three zeros to three According to Micron, it did not respond and the Department should dismiss of the figures in the tables contained in to the summary arguments in LG’s these claims as groundless. Attachments 9 and 10: accounts October 7 letter because they appeared DOC Position: A full discussion of our receivable, long-term accounts payable, to be nothing more than a preview of final conclusion, which requires and bank deposits. Thus, the legal arguments to be presented in LG’s references to proprietary information, is Department should use a revised G&A case brief. Micron contends that it now included in the December 3, 1999, ratio percent in the Final Results. appears that LG is resting on the Memorandum from John Conniff to No rebuttal briefs were filed with arguments as summarily stated in the Holly Kuga regarding sales through a regard to this issue. October 7 letter. Those arguments are third country by LG contained in the DOC Position. Given that the entirely baseless and, like so many of official file for this case. Department is rejecting LG’s reported LG’s assertions in this proceeding, not In sum, an employee in a significant sales and cost information to calculate worthy of serious consideration. position of LG stated for the record that LG’s margin, and is applying total FA, Micron maintains that LG’s he set up a sales channel for one of LG’s the issue of whether the Department allegations that the Department (1) major customers to procure DRAMs for should adjust LG’s reported G&A failed to ‘‘promptly’’ place information the United States through LG’s expense is moot. on the record, (2) conducted ‘‘secret’’ subsidiary in Germany. LG has not Comment 5: The Department Should interviews, and (3) failed to afford submitted anything for the record of the Use the Data Submitted by LG in Its respondent with a ‘‘meaningful’’ instant review that would lead us to March 26, 1999 Supplemental opportunity to respond to allegations, believe that the employee’s Response. In the preliminary results, the thereby denying LG’s ‘‘fundamental responsibilities were any less than he Department used the sales and cost data right to due process,’’ totally lack merit. described. LG itself acknowledges that it submitted by LG with its original First, according to Micron, LG ignores knew that ‘‘some of the merchandise’’ October 8, 1998, questionnaire response. the fundamental nature of an sold through Germany was destined for However, LG submitted revised cost and the United States. The record contains antidumping proceeding. Second, LG’s sales data with its March 26, 1999, ample information to document the fact allegation with respect to the supplemental response. LG argues that that the overwhelming majority of the Department’s ‘‘secret interviews’’ with this data was timely submitted and was merchandise sold through Germany did, Mr. Vecchiarelli goes against the statute, used as the basis for the Department’s in fact, ultimately enter the United which affirmatively authorizes the verification in April 1999, and the States for consumption during the POR. conduct of ex parte meetings. Third, Department should, therefore, use LG’s Therefore, we believe the record LG’s ‘‘strenuous’’ objections to these March 26, 1999, data in the final results. evidence supports the conclusion that meetings, and to the proffer of No rebuttal briefs were filed with information by a former employee LG knew, or should have known, at the time it sold the subject DRAMs, that the regard to this issue. concerning fraudulent conduct by the DOC Position: Given that the employer, are totally baseless. merchandise was destined for consumption in the United States. Department is rejecting LG’s reported Finally, the Department is afforded sales and cost information to calculate great discretion in conducting its Comment 3: Adjustments to LG’s Reported Cost of Manufacturing. LG LG’s margin, and is applying total FA, proceedings. E.I. Dupont de Nemours & the issue of whether the Department Co. v. United States, Slip Op. 98–7, claims that the Department should not adjust its cost of manufacturing by should use LG’s March 26, 1999, data 1998 WL 42598, at *11 (CIT Jan. 29, submission is moot. 1998) (‘‘Commerce enjoys broad including certain costs from LG’s construction-in-progress (‘‘CIP’’) Comment 6: The Department Should discretion in conducting investigations Correct Programming Errors in the and reviews under the antidumping account. Micron argues that the Department Calculation of G&A and Interest statute’’). As the Court of International Expense for Modules LG argues that the Trade has previously recognized: properly adjusted LG’s reported cost of manufacture for certain production Department made programming errors Commerce regularly balances its interest in expenses that LG had excluded from in its application of the revised G&A conducting an efficient, uniform and cost of manufacture and instead and interest expenses for memory expeditious administrative investigation modules. against its equally compelling interest in relegated to a CIP account. conducting accurate fact-finding. Such a DOC Position: Given that the No rebuttal briefs were filed with weighing of competing interests involves Department is rejecting LG’s reported regard to this issue. choices of administrative practice and sales and cost information to calculate DOC Position: Given that the procedure which Commerce, in its LG’s margin, and is applying total FA, Department is rejecting LG’s reported specialized role as administrator of the issue of whether the Department sales and cost information to calculate antidumping investigations, is uniquely should adjust LG’s reported COM is LG’s margin, and is applying total FA, qualified to make. moot. the issue of whether the Department See Union Camp Corp. v. United States, Comment 4: Adjustment to LG’s revises LG’s G&A and interest expenses 53 F. Supp. 2d 1310, 1328 (CIT 1999); Reported G&A Expense. In its for memory modules is moot. see also NEC Corp. v. United States preliminary results, the Department Comment 7: The Department Should Dept. of Commerce, 978 F. Supp. 314, adjusted LG’s reported G&A expense by Correct a Programming Error in the 327 (CIT 1997), aff’d, 151 F.3d 1361 excluding foreign currency transaction Calculation of LG’s COP and CV for (Fed. Cir. 1998), cert. denied, 119 S.Ct. gains and losses related to accounts DRAMs. LG claims that the Department 1029 (1999) (noting that the Assistant receivables. See Preliminary Results, 64 should correct a programming error in Secretary for Import Administration FR at 30,485; Analysis Memorandum at the calculation of COP and CV for ‘‘enjoy(s) a presumption of honesty and 4 & Attachments 7, 9, 10. LG alleges that DRAMs. integrity which must be overcome’’). In the Department’s calculations contain a No rebuttal briefs were filed with short, Micron contends that LG has significant error that should be regard to this issue.
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DOC Position: Given that the DOC Position: Given that the calculate CV selling expenses based on Department is rejecting LG’s reported Department is rejecting LG’s reported density. sales and cost information to calculate sales and cost information to calculate No rebuttal briefs were filed with LG’s margin, and is applying total FA, LG’s margin, and is applying total FA, regard to this issue. the issue of whether the Department the issue of whether the Department has corrects the programming error in the DOC Position: Given that the the duty assessment programming error Department is rejecting LG’s reported calculation of COP and CV for DRAMs is moot. is moot. sales and cost information to calculate Comment 8: The Department Should Comment 9: The Department Should LG’s margin, and is applying total FA, Correct a Programming Error that Calculate LG’s CV Selling Expenses the issue of whether the Department Significantly Overstates the Duty Based on Density. LG claims that the calculates CV selling expenses based on Assessment Rates Covering LG Imports. Department erroneously calculated a density is moot. LG claims that, due to a computer single weighted-average home market Final Results of Review programming error, the Department’s selling expense figure for CV-based on duty assessment rates by importer are sales of all products. To correct this As a result of this review, we have significantly overstated. distortion in the dumping margin determined that the following margins No rebuttal briefs were filed with calculation, the Department should exist for the period May 1, 1997 through regard to this issue. April 30, 1998:
Weighted-av- Weighted-av- Manufacturer/Exporter erage margin erage per percentage megabit rate
Hyundai Electronics Industries, Co., Ltd...... 10.44 .03 LG Semicon Co., Ltd...... 10.44 .03 G5 Corporation ...... 10.44 .03
The Department shall determine, and company-specific rate published in the notification of return/destruction of the Customs Service shall assess, most recent final results which covered APO materials or conversion to judicial antidumping duties on all appropriate that manufacturer or exporter; (3) if the protective order is hereby requested. entries. The Department will issue exporter is not a firm covered in this Failure to comply with the regulations appraisement instructions directly to review or in any previous segment of and the terms of an APO is a the Customs Service. These final results this proceeding, but the manufacturer is, sanctionable violation. of review shall be the basis for the the cash deposit rate will be that We are issuing and publishing this in assessment of antidumping duties on established for the manufacturer of the accordance with sections 751(a)(1) and entries of merchandise covered by this merchandise in these final results of 777(i)(1) of the Act. review. For Hyundai, for duty- review or in the most recent final results Dated: December 6, 1999. assessment purposes, we calculated an which covered that manufacturer; and Richard W. Moreland, importer-specific assessment rate by (4) if neither the exporter nor the Acting Assistant Secretary for Import aggregating the dumping margins manufacturer is a firm covered in this Administration. calculated for all U.S. sales to each review or in any previous segment of [FR Doc. 99–32399 Filed 12–13–99; 8:45 am] importer and dividing this amount by this proceeding, the cash deposit rate the total estimated entered value will be 4.55 percent, the all others rate BILLING CODE 3510±DS±P reported by Hyundai of those sales. established in the LTFV investigation. Hyundai, in accordance with the These deposit requirements shall DEPARTMENT OF COMMERCE Department’s questionnaire, estimated remain in effect until publication of the the entered value of its sales by final results of the next administrative International Trade Administration calculating the average of the entered review. [A±588±850, A±588±851, A±791±808] value of each control number for the This notice serves as a final reminder POR. For all other respondents, we to importers of their responsibility Notice of Preliminary Determinations based the importer-specific assessment under 19 CFR 351.402 (f) to file a of Sales at Less Than Fair Value: rate on the facts available margin certificate regarding the reimbursement Certain Large Diameter Carbon and percentage. of antidumping duties prior to Alloy Seamless Standard, Line and Furthermore, the following deposit liquidation of the relevant entries Pressure Pipe From Japan and Certain requirements will be effective upon during this review period. Failure to Small Diameter Carbon and Alloy publication of this notice of final results comply with this requirement could Seamless Standard, Line and Pressure of review for all shipments of DRAMs result in the Secretary’s presumption Pipe From Japan and the Republic of from Korea entered, or withdrawn from that reimbursement of antidumping South Africa warehouse, for consumption on or after duties occurred and the subsequent the publication date, as provided for by assessment of doubled antidumping AGENCY: Import Administration, section 751(a) of the Act: (1) for the duties. International Trade Administration, companies named above, the cash This notice also serves as the only Department of Commerce. deposit rates will be the rates listed reminder to parties subject to APO of EFFECTIVE DATE: December 14, 1999. above; (2) for merchandise exported by their responsibility concerning the FOR FURTHER INFORMATION CONTACT: manufacturers or exporters not covered disposition of proprietary information Charles Riggle at (202) 482–5288 or in this review but covered in a previous disclosed under APO in accordance Constance Handley at (202) 482–0631, segment of this proceeding, the cash with section 351.305 (a) of the Import Administration, Room 1870, deposit rate will continue to be the Department’s regulations. Timely International Trade Administration,
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U.S. Department of Commerce, 14th initiation of the investigations, the the physical parameters described Street and Constitution Avenue, NW, following events have occurred: below, regardless of specification. Washington, DC 20230. On August 12, 1999, the Department Specifically included within the scope selected the following companies as of these investigations are seamless The Applicable Statute and Regulations mandatory respondents in the pipes greater than 4.5 inches (114.3 mm) Unless otherwise indicated, all investigations: Kawasaki Steel up to and including 16 inches (406.4 citations to the statute are references to Corporation (Kawasaki), Nippon Steel mm) in outside diameter, regardless of the provisions effective January 1, 1995, Corporation (Nippon) and Sumitomo wall-thickness, manufacturing process the effective date of the amendments Metal Industries (Sumitomo) for both (hot finished or cold-drawn), end finish made to the Tariff Act of 1930 (the Act) investigations involving Japan; and Iscor (plain end, beveled end, upset end, by the Uruguay Round Agreements Act Ltd (Iscor), the sole producer of the threaded, or threaded and coupled), or (URAA). In addition, unless otherwise subject merchandise for South Africa. surface finish. indicated, all citations to Department of See Respondent Selection, below. On The seamless pipes subject to these Commerce (Department) regulations August 12, 1999, the Department issued investigations are currently classifiable refer to the regulations codified at 19 the antidumping questionnaires to each under the subheadings 7304.10.10.30, CFR part 351 (April 1999). of the selected respondents. 7304.10.10.45, 7304.10.10.60, On August 16, 1999, the United States Preliminary Determinations 7304.10.50.50, 7304.31.60.50, International Trade Commission (ITC) 7304.39.00.36, 7304.39.00.40, We preliminarily determine that large preliminarily determined that there is a 7304.39.00.44, 7304.39.00.48, diameter carbon and alloy seamless reasonable indication that imports of the 7304.39.00.52, 7304.39.00.56, standard, line and pressure pipe (large products subject to each of these 7304.39.00.62, 7304.39.00.68, diameter seamless pipe) from Japan, and antidumping investigations are 7304.39.00.72, 7304.51.50.60, small diameter carbon and alloy materially injuring the U.S. industry. 7304.59.60.00, 7304.59.80.30, seamless standard, line and pressure See Certain Seamless Carbon and Alloy 7304.59.80.35, 7304.59.80.40, pipe (small diameter seamless pipe) Steel Standard, Line, and Pressure Pipe 7304.59.80.45, 7304.59.80.50, from Japan and the Republic of South from the Czech Republic, Japan, Mexico, 7304.59.80.55, 7304.59.80.60, Africa (South Africa), are being sold, or Romania, and South Africa, 64 FR 7304.59.80.65, and 7304.59.80.70 of the are likely to be sold, in the United States 46953 (August 27, 1999). Harmonized Tariff Schedule of the at less than fair value (LTFV), as On September 10, 1999, Iscor notified United States (HTSUS). provided in section 733 of the Act. The the Department that it would not be Specifications, Characteristics, and estimated margins of sales at LTFV are responding to the Department’s Uses: Large diameter seamless pipe is shown in the Suspension of Liquidation questionnaire. Likewise, in the cases used primarily for line applications section of this notice. involving Japan, none of the mandatory such as oil, gas, or water pipeline, or Case History respondents answered the Department’s utility distribution systems. Seamless questionnaire. pressure pipes are intended for the On June 30, 1999, the Department Period of Investigation conveyance of water, steam, received petitions on large diameter petrochemicals, chemicals, oil products, seamless pipe from Japan and Mexico The period of investigation (POI) for natural gas and other liquids and gasses filed in proper form by U.S. Steel Group both the large and small diameter in industrial piping systems. They may (a unit of USX Corp.—Fairfield seamless pipe cases is April 1, 1998, carry these substances at elevated Seamless Pipe Mill) and USS/Kobe Steel through March 31, 1999. This period pressures and temperatures and may be Company. Also that day, the corresponds to the four most recent subject to the application of external Department received petitions on small fiscal quarters prior to the month of the heat. Seamless carbon steel pressure diameter seamless pipe from the Czech filing of the petition (i.e., June 1999). pipe meeting the ASTM A–106 standard Republic, Japan, Romania and South Scope of Investigations 2 may be used in temperatures of up to Africa filed in proper form from Koppel 1000 degrees Fahrenheit, at various Steel Corporation, Sharon Tube For purposes of the large diameter American Society of Mechanical company, U.S. Steel Group, USS/Kobe seamless pipe investigation, the Engineers (ASME) code stress levels. Steel Company and Vision Metals, Inc. products covered are large diameter Alloy pipes made to ASTM A–335 (Gulf States Tube Division). On June 30, seamless carbon and alloy (other than standard must be used if temperatures 1999, the United Steel Workers of stainless) steel standard, line, and and stress levels exceed those allowed America joined as co-petitioners in all pressure pipes produced, or equivalent, for ASTM A–106. Seamless pressure 1 of the cases. to the American Society for Testing and pipes sold in the United States are These investigations were initiated on Materials (ASTM) A–53, ASTM A–106, commonly produced to the ASTM July 20, 1999. See Initiation of ASTM A–333, ASTM A–334, ASTM A– A–106 standard. Antidumping Duty Investigations: 335 (grades P1, P2, P11, P12, P21 and Seamless standard pipes are most Certain Large Diameter Carbon and P22 only), ASTM A–589, ASTM A–795, commonly produced to the ASTM A–53 Alloy Seamless Standard, Line and and the American Petroleum Institute specification and generally are not Pressure Pipe from Japan and Mexico (API) 5L specifications and meeting the intended for high temperature service. and Certain Small Diameter Carbon and physical parameters described below, They are intended for the low Alloy Seamless Standard, Line and regardless of application. The scope of temperature and pressure conveyance of Pressure Pipe from the Czech Republic, these investigations also includes all water, steam, natural gas, air and other Japan, the Republic of South Africa and products used in standard, line, or liquids and gasses in plumbing and Romania; (Initiation Notice), 64 FR pressure pipe applications and meeting heating systems, air conditioning units, 40825 (July 28, 1999). Since the automatic sprinkler systems, and other 2 On September 3, 1999, the petitioners requested related uses. Standard pipes (depending 1 The preliminary determinations in the that the scope of the investigations be amended to investigations involving the Czech Republic, exclude certain products made to the A–335 on type and code) may carry liquids at Mexico and Romania has been postponed until specification. This change is reflected in the current elevated temperatures but must not January 26, 2000 scope. exceed relevant ASME code
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Seamless line standard, line, or pressure pipe elevated pressures and temperatures pipes are produced to the API 5L application, such products are covered and may be subject to the application of specification. by the scope of these investigations. external heat. Seamless carbon steel Seamless water well pipe (ASTM Specifically excluded from the scope pressure pipe meeting the ASTM A–106 A–589) and seamless galvanized pipe of these investigations are boiler tubing standard may be used in temperatures of for fire protection uses (ASTM A–795) and mechanical tubing, if such products up to 1000 degrees Fahrenheit, at are used for the conveyance of water. are not produced to ASTM A–53, ASTM various ASME code stress levels. Alloy Seamless pipes are commonly A–106, ASTM A–333, ASTM A–334, pipes made to ASTM A–335 standard produced and certified to meet ASTM ASTM A–335 (grades P1, P2, P11, P12, must be used if temperatures and stress A–106, ASTM A–53, API 5L–B, and API P21 and P22 only), ASTM A–589, levels exceed those allowed for ASTM 5L–X42 specifications. To avoid ASTM A–795, and API 5L specifications A–106. Seamless pressure pipes sold in maintaining separate production runs and are not used in standard, line, or the United States are commonly and separate inventories, manufacturers pressure pipe applications. In addition, produced to the ASTM A–106 standard. typically triple or quadruple certify the finished and unfinished oil country Seamless standard pipes are most pipes by meeting the metallurgical tubular goods (OCTG) are excluded from commonly produced to the ASTM A–53 requirements and performing the the scope of these investigations, if specification and generally are not required tests pursuant to the respective covered by the scope of another intended for high temperature service. specifications. Since distributors sell the antidumping duty order from the same They are intended for the low vast majority of this product, they can country. If not covered by such an temperature and pressure conveyance of thereby maintain a single inventory to OCTG order, finished and unfinished water, steam, natural gas, air and other service all customers. OCTG are included in this scope when liquids and gasses in plumbing and The primary application of ASTM used in standard, line or pressure heating systems, air conditioning units, A–106 pressure pipes and triple or applications. automatic sprinkler systems, and other quadruple certified pipes in large For purposes of the small diameter related uses. Standard pipes (depending diameters is for use as oil and gas seamless pipe investigations, the on type and code) may carry liquids at distribution lines for commercial products covered are seamless carbon elevated temperatures but must not applications. A more minor application and alloy (other than stainless) steel exceed relevant ASME code for large diameter seamless pipes is for standard, line, and pressure pipes and requirements. If exceptionally low use in pressure piping systems by redraw hollows produced, or temperature uses or conditions are refineries, petrochemical plants, and equivalent, to the ASTM A–53, ASTM anticipated, standard pipe may be chemical plants, as well as in power A–106, ASTM A–333, ASTM A–334, manufactured to ASTM A–333 or ASTM generation plants and in some oil field ASTM A–335, ASTM A–589, ASTM A–334 specifications. uses (on shore and off shore) such as for A–795, and the American Petroleum Seamless line pipes are intended for separator lines, gathering lines and Institute (API) 5L specifications and the conveyance of oil and natural gas or metering runs. These applications meeting the physical parameters other fluids in pipe lines. Seamless line constitute the majority of the market for described below, regardless of pipes are produced to the API 5L the subject seamless pipes. However, application. The scope of these specification. ASTM A–106 pipes may be used in investigations also includes all products Seamless water well pipe (ASTM A– some boiler applications. used in standard, line, or pressure pipe 589) and seamless galvanized pipe for The scope of these investigations applications and meeting the physical fire protection uses (ASTM A–795) are includes all seamless pipe meeting the parameters described below, regardless used for the conveyance of water. physical parameters described above of specification. Specifically included Seamless pipes are commonly and produced to one of the within the scope of these investigations produced and certified to meet ASTM specifications listed above, regardless of are seamless pipes and redraw hollows, A–106, ASTM A–53, API 5L–B, and API application, and whether or not also less than or equal to 4.5 inches (114.3 5L–X42 specifications. To avoid certified to a non-covered specification. mm) in outside diameter, regardless of maintaining separate production runs Standard, line, and pressure wall-thickness, manufacturing process and separate inventories, manufacturers applications and the above-listed (hot finished or cold-drawn), end finish typically triple or quadruple certify the specifications are defining (plain end, beveled end, upset end, pipes by meeting the metallurgical characteristics of the scope of these threaded, or threaded and coupled), or requirements and performing the investigations. Therefore, seamless surface finish. required tests pursuant to the respective pipes meeting the physical description The seamless pipes subject to these specifications. Since distributors sell the above, but not produced to the ASTM investigations are currently classifiable vast majority of this product, they can A–53, ASTM A–106, ASTM A–333, under the subheadings 7304.10.10.20, thereby maintain a single inventory to ASTM A–334, ASTM A–335 (grades P1, 7304.10.50.20, 7304.31.30.00, service all customers. P2, P11, P12, P21 and P22 only), ASTM 7304.31.60.50, 7304.39.00.16, The primary application of ASTM A–589, ASTM A–795, and API 5L 7304.39.00.20, 7304.39.00.24, A–106 pressure pipes and triple or specifications shall be covered if used in 7304.39.00.28, 7304.39.00.32, quadruple certified pipes is in pressure a standard, line, or pressure application. 7304.51.50.05, 7304.51.50.60, piping systems by refineries, For example, there are certain other 7304.59.60.00, 7304.59.80.10, petrochemical plants, and chemical ASTM specifications of pipe which, 7304.59.80.15, 7304.59.80.20, and plants. Other applications are in power because of overlapping characteristics, 7304.59.80.25 of the HTSUS. generation plants (electrical-fossil fuel
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Pipe From Germany, 60 FR 31974 (June constitute the majority of the market for The Department set aside a period for 19, 1995). Information placed on the the subject seamless pipes. However, all interested parties to raise issues record of this proceeding, which does ASTM A–106 pipes may be used in regarding product coverage. From not address all of the Diversified some boiler applications. August through November 1999, the Products criteria or contain compelling Redraw hollows are any unfinished Department received responses from a new documented evidence, does not pipe or ‘‘hollow profiles’’ of carbon or number of parties including importers, constitute sufficient justification for alloy steel transformed by hot rolling or respondents, consumers, and deviating from our established cold drawing/hydrostatic testing or petitioners. precedent. Id. For further discussion on other methods to enable the material to Class or Kind this topic see Memorandum from Case be sold under ASTM A–53, ASTM Analysts to Holly Kuga, Re: Class or We have preliminarily determined A–106, ASTM A–333, ASTM A–334, Kind, dated December 7, 1999. On that there are only two classes or kinds December 2, 1999, Sumitomo made an ASTM A–335, ASTM A–589, ASTM of merchandise, one for small diameter A–795, and API 5L specifications. additional submission with regard to pipe and one for large diameter pipe. class or kind. Due to the statutory The scope of these investigations Our determination is based on an includes all seamless pipe meeting the deadline for the preliminary evaluation of the criteria set forth in determination in these investigations, physical parameters described above Diversified Products v. United States, and produced to one of the we will consider this information in 572 F. Supp. 883, 889 (CIT 1983) making the final determination. specifications listed above, regardless of (Diversified Products), which look to application, and whether or not also differences in: (1) The general physical Selection of Respondents certified to a non-covered specification. characteristics of the merchandise, (2) Section 777A(c)(1) of the Act directs Standard, line, and pressure the expectations of the ultimate the Department to calculate individual applications and the above-listed purchaser, (3) the ultimate use of the dumping margins for each known specifications are defining merchandise, (4) the channels of trade exporter and producer of the subject characteristics of the scope of these in which the merchandise moves, and merchandise. However, section investigations. Therefore, seamless (5) the manner in which the product is 777A(c)(2) of the Act gives the pipes meeting the physical description advertised or displayed. In making this Department discretion, when faced with above, but not produced to the ASTM preliminary determination, we have a large number of exporters/producers, A–53, ASTM A–106, ASTM A–333, rejected a request by Sumitomo that the to limit its examination to a reasonable ASTM A–334, ASTM A–335, ASTM Department determine that there are number of such companies if it is not A–589, ASTM A–795, and API 5L three separate classes or kinds of practicable to examine all companies. specifications shall be covered if used in merchandise subject to investigation: (1) Where it is not practicable to examine a standard, line, or pressure application. Commodity grade standard, line and all known producers/exporters of For example, there are certain other pressure pipe, (2) high-strength line subject merchandise, this provision ASTM specifications of pipe which, pipe produced to proprietary permits the Department to investigate because of overlapping characteristics, specification for use in deep sea, arctic either: (1) A sample of exporters, could potentially be used in ASTM or other harsh conditions and (3) alloy producers, or types of products that is A–106 applications. These pressure pipe. See letter from Sumitomo statistically valid based on the specifications generally include ASTM to the Department of Commerce (August information available at the time of A–161, ASTM A–192, ASTM A–210, 3, 1999). Likewise we have rejected the selection, or (2) exporters and producers ASTM A–252, ASTM A–501, ASTM requests of MC Tubular Products, Inc., accounting for the largest volume of the A–523, ASTM A–524, and ASTM an importer of the subject merchandise, subject merchandise that can be A–618. When such pipes are used in a and the American Boiler Makers reasonably examined. standard, line, or pressure pipe Association (ABMA), consumers of the After consideration of the application, such products are covered subject merchandise, that we determine complexities expected to arise in these by the scope of these investigations. that alloy seamless pipe is a separate proceedings and the resources available Specifically excluded from the scope class or kind than carbon seamless pipe. to the Department, we determined that of these investigations are boiler tubing See letter from MC Tubular Products to it was not practicable in the Japanese and mechanical tubing, if such products the Department of Commerce (August investigations to examine all known are not produced to ASTM A–53, ASTM 10, 1999), and letter from the ABMA to producers/exporters of subject A–106, ASTM A–333, ASTM A–334, the Assistant Secretary (November 5, merchandise. This was not a concern in ASTM A–335, ASTM A–589, ASTM 1999). In our analysis of the Diversified the investigation involving South A–795, and API 5L specifications and Products criteria, we find that, Africa, since there was only one are not used in standard, line, or consistent with past seamless pipe producer/exporter of subject pressure pipe applications. In addition, cases, alloy grade steels, high-strength merchandise in that country during the finished and unfinished OCTG are line pipe, and pipes made therefrom, POI. However, with respect to Japan, excluded from the scope of these represent the upper end of a single which had multiple producers/exporters investigations, if covered by the scope of continuum of steel grades and of subject merchandise during the POI, another antidumping duty order from associated attributes. See, e.g., Notice of we determined that, given our the same country. If not covered by such Final Determination of Sales at Less resources, we would be able to an OCTG order, finished and unfinished Than Fair Value: Small Diameter investigate three such companies. The OCTG are included in this scope when Circular Seamless Carbon and Alloy respondents selected for Japan were
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See Initiation implementing regulation for section 776 these investigations, see Respondent Notice. of the Act, codified at 19 CFR 351.308(c) Selection Memorandum, dated August Section 776(b) states that an adverse states, ‘‘[t]he fact that corroboration may 12, 1999. inference may include reliance on not be practicable in a given information derived from the petition. Facts Available circumstance will not prevent the See also SAA at 829–831. Section 776(c) Secretary from applying an adverse As stated above, none of the of the Act provides that, when the inference as appropriate and using the respondents answered the Department’s Department relies on secondary secondary information in question.’’ questionnaire. Section 776(a)(2) of the information (such as the petition) in Additionally, we note that the SAA at Act provides that, if an interested party using the facts otherwise available, it 870 specifically states that, where (A) withholds information that has been must, to the extent practicable, ‘‘corroboration may not be practicable in requested by the Department; (B) fails to corroborate that information from a given circumstance,’’ the Department provide such information in a timely independent sources that are reasonably may nevertheless apply an adverse manner or in the form or manner at its disposal. inference. Accordingly, we find, for requested subject to section 782(c)(1) The SAA clarifies that ‘‘corroborate’’ purposes of this preliminary and (e) of the Act; (C) significantly means that the Department will satisfy determination, that this information is impedes a proceeding under the itself that the secondary information to corroborated to the extent practicable. antidumping statute; or (D) provides be used has probative value (see SAA at such information but the information 870). The SAA also states that All Others Rate cannot be verified, the Department independent sources used to corroborate Section 735(c)(5)(B) of the Act shall, subject to subsection 782(d) of the such evidence may include, for provides that, where the estimated Act, use facts otherwise available in example, published price lists, official weighted-averaged dumping margins reaching the applicable determination. import statistics and customs data, and established for all exporters and Because Iscor, Kawasaki, Nippon and information obtained from interested producers individually investigated are Sumitomo failed to respond to our parties during the particular zero or de minimis or are determined questionnaire, pursuant to section investigation (see SAA at 870). entirely under section 776 of the Act, 776(a)(2)(A) of the Act, we resorted to We reviewed the adequacy and the Department may use any reasonable facts otherwise available to determine accuracy of the information in the method to establish the estimated all- the dumping margins for these petitions during our pre-initiation others rate for exporters and producers companies. analysis of the petitions, to the extent Section 776(b) of the Act provides appropriate information was available not individually investigated. Our that the Department may use an for this purpose. See Import recent practice under these inference adverse to the interests of a Administration AD Investigation circumstances has been to assign, as the party that has failed to cooperate by not Initiation Checklist, dated June 21, 1999, ‘‘all others’’ rate, the simple average of acting to the best of its ability to comply for a discussion of the margin the margins in the petition. We have with the Department’s requests for calculations in the petitions. In done so in these cases. See, e.g., Notice information. See also Statement of addition, in order to determine the of Final Determination of Sales at Less Administrative Action accompanying probative value of the margins in the Than Fair Value: Stainless Steel Plate in the URAA, H.R. Rep. No. 103–316 at petitions for use as adverse facts Coil from Canada, 64 FR 15457 (March 870 (1994) (SAA). Failure by Iscor, available for purposes of this 31, 1999); see also Notice of Final Kawasaki, Nippon and Sumitomo to determination, we examined evidence Determination of Sales at Less Than respond to the Department’s supporting the calculations in the Fair Value: Stainless Steel Plate in Coil antidumping questionnaire constitutes a petitions. In accordance with section from Italy, 64 FR 15458, 15459 (March failure to act to the best of their ability 776(c) of the Act, to the extent 21, 1999). to comply with a request for practicable, we examined the key Suspension of Liquidation information, within the meaning of elements of the export price (EP) and section 776 of the Act. Because Iscor, normal value (NV) calculations on For entries of large and small Kawasaki, Nippon and Sumitomo failed which the margins in the petitions were diameter seamless pipe from Japan, and to respond, the Department has based. Our review of the EP and NV entries of small diameter seamless pipe determined that, in selecting among the calculations indicated that the from South Africa, we are directing the facts otherwise available, an adverse information in the petitions has U.S. Customs Service to suspend inference is warranted in selecting the probative value, as certain information liquidation of those entries that are facts available for these companies. included in the margin calculations in entered, or withdrawn from warehouse, Because we were unable to calculate the petitions is from public sources for consumption on or after the date of margins for the respondents in Japan, or concurrent, for the most part, with the publication of this notice in the Federal South Africa, consistent with POI (e.g., international freight and Register. We are also instructing the Department practice, we assigned the insurance, customs duty, interest rates). Customs Service to require a cash respondents in these cases the highest However, with respect to certain other deposit or the posting of a bond equal margins alleged in the amendments to data included in the margin calculations to the dumping margin, as indicated in the respective petitions. See, e.g., Notice of the petition (e.g., gross United States the chart below. These instructions of Preliminary Determination of Sales at and home market unit prices), neither suspending liquidation will remain in Less Than Fair Value: Stainless Steel the respondents nor other interested effect until further notice. Wire Rod from Germany (Wire Rod from parties provided the Department with The dumping margins are provided Germany), 63 FR 10847 (March 5, 1998). further relevant information and the below.
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Margin requested, must submit a written LaRussa. Therefore, in accordance with Manufacturer/exporter (percent) request within 30 days of the section 751(a)(3)(A) of the Act, the publication of this notice. Requests Department is extending the time limit JapanÐlarge diameter: should specify the number of for the final results until March 6, 2000. Nippon Steel Corporation ..... 107.80 This extension fully extends the Kawasaki Steel Corporation 107.80 participants and provide a list of the Sumitomo Metal Industries ... 107.80 issues to be discussed. Oral statutory deadline to 180 days after the All Others ...... 68.88 presentations will be limited to issues date on which the preliminary JapanÐsmall diameter: raised in the briefs. determination was published. Nippon Steel Corporation ..... 106.07 If these investigations proceed Dated: December 6, 1999. Kawasaki Steel Corporation 106.07 normally, we will make our final Joseph A. Spetrini, Sumitomo Metal Industries ... 106.07 determinations no later than 75 days Deputy Assistant Secretary Enforcement All Others ...... 70.43 after the date of issuance of this notice. Group III. South AfricaÐsmall diameter: These determinations are published Iscor Ltd ...... 43.51 [FR Doc. 99–32396 Filed 12–13–99; 8:45 am] pursuant to sections 733(f) and 777(i)(1) All Others ...... 40.17 BILLING CODE 3510±DS±P of the Act. ITC Notification Dated: December 7, 1999. DEPARTMENT OF COMMERCE In accordance with section 733(f) of Robert S. LaRussa, Assistant Secretary for Import the Act, we have notified the ITC of our International Trade Administration determinations. If our final antidumping Administration. determinations are affirmative, the ITC [FR Doc. 99–32393 Filed 12–13–99; 8:45 am] [A±570±856] BILLING CODE 3510±DS±P will determine whether these imports Notice of Preliminary Determination of are materially injuring, or threaten Sales at Less Than Fair Value and material injury to, the U.S. industry. DEPARTMENT OF COMMERCE Postponement of Final Determination: The deadline for that ITC determination Synthetic Indigo From the People's would be the later of 120 days after the International Trade Administration Republic of China date of these preliminary determinations or 45 days after the date [A±580±825] AGENCY: Import Administration, of our final determinations. International Trade Administration, Notice of Extension of Time Limit for Department of Commerce. Public Comment Antidumping Duty Administrative EFFECTIVE DATE: December 14, 1999. For the investigations of large and Review of Oil Country Tubular Goods FOR FURTHER INFORMATION CONTACT: small diameter seamless pipe from From Korea Dinah McDougall or David J. Japan and small diameter seamless pipe AGENCY: Import Administration, Goldberger, Office 2, AD/CVD from South Africa, case briefs must be International Trade Administration, Enforcement Group I, Import submitted no later than 30 days after the Department of Commerce. Administration, International Trade publication of this notice in the Federal EFFECTIVE DATE: December 14, 1999. Administration, U.S. Department of Register. Rebuttal briefs must be filed Commerce, 14th Street and Constitution within five business days after the SUMMARY: The Department of Commerce Avenue, NW, Washington, DC 20230; deadline for submission of case briefs. A (the Department) is extending the time telephone: (202) 482–3773 or (202) 482– list of authorities used, a table of limit for the final results of the 4136, respectively. contents, and an executive summary of antidumping duty administrative review issues should accompany any briefs of the antidumping order on oil country The Applicable Statute tubular goods from Korea, covering the submitted to the Department. Executive Unless otherwise indicated, all summaries should be limited to five period August 1, 1997 through July 31, 1998. citations to the statute are references to pages total, including footnotes. the provisions effective January 1, 1995, FOR FURTHER INFORMATION CONTACT: Section 774 of the Act provides that the effective date of the amendments Jonathan Lyons, AD/CVD Enforcement the Department will hold a hearing to made to the Tariff Act of 1930 (‘‘the Office 7, Import Administration, afford interested parties an opportunity Act’’) by the Uruguay Round International Trade Administration, to comment on arguments raised in case Agreements Act (‘‘URAA’’). In addition, U.S. Department of Commerce, 14th or rebuttal briefs, provided that such a unless otherwise indicated, all citations Street and Constitution Avenue, NW, hearing is requested by any interested to the Department of Commerce’s (the Washington, DC 20230, telephone: (202) party. If a request for a hearing is made ‘‘Department’s’’) regulations are to 19 482–0374. in an investigation, the hearing will CFR part 351 (1998). tentatively be held two days after the SUPPLEMENTARY INFORMATION: Under deadline for submission of the rebuttal section 751(a)(3)(A) of the Tariff Act, as Preliminary Determination briefs, at the U.S. Department of amended (the Act), the Department may We preliminarily determine that Commerce, 14th Street and Constitution extend the deadline for completion of synthetic indigo from the People’s Avenue, NW, Washington, D.C. 20230. an administrative review if it Republic of China (‘‘PRC’’) is being, or In the event that the Department determines that it is not practicable to is likely to be, sold in the United States receives requests for hearings from complete the review within the at less than fair value (‘‘LTFV’’), as parties to several seamless pipe cases, statutory time limit of 120 days after the provided in section 733 of the Act. The the Department may schedule a single date on which the preliminary estimated margins of sales at LTFV are hearing to encompass all those cases. determination is published. In the shown in the ‘‘Suspension of Parties should confirm by telephone the instant case, the Department has Liquidation’’ section of this notice. time, date, and place of the hearing 48 determined that it is not practicable to hours before the scheduled time. complete the review within the Case History Interested parties who wish to request statutory time limit. See Memorandum Since the initiation of this a hearing, or to participate if one is from Joseph A. Spetrini to Robert S. investigation (Notice of Initiation of
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Antidumping Duty Investigation: Cooperation Corp. (‘‘CJIETCC’’); (6) Postponement of Final Determination Synthetic Indigo from the People’s Shanghai Yongchen International and Extension of Provisional Measures Republic of China, 64 FR 40831, July 28, Trading Company Ltd. (‘‘Shanghai Pursuant to section 735(a)(2) of the 1999) (Notice of Initiation) the following Yongchen’’); (7) Kwong Fat Hong Group Act, on December 1, 1999, the events have occurred: of Hong Kong (‘‘Kwong Fat’’); (8) Tianjin mandatory PRC respondents requested On August 16, 1999, the United States Jiahui Dyestuffs & Chemical Plant that, in the event of an affirmative International Trade Commission (‘‘ITC’’) (‘‘Tianjin Jiahui’’); (9) Tianjin Hongfa preliminary determination in this notified the Department of its Group Co. (‘‘Tianjin Hongfa’’); (10) investigation, the Department postpone affirmative preliminary injury Hebei Jinzhou Import & Export its final determination until not later determination in this case. Corporation (‘‘Hebei Jinzhou’’); (11) than 135 days after the date of the On August 20, 1999, the Department Hebei Huiqian (‘‘Hebei Huiqian’’); (12) publication of an affirmative issued an antidumping questionnaire to Beijing Dyestuffs Plant (‘‘Beijing preliminary determination in the the China Chamber of Commerce for Dyestuffs’’); (13) Sinochem Hebei Federal Register. On December 6, 1999, Metals, Minerals & Chemicals (the Import & Export Corp. (‘‘Sinochem these parties amended their request to ‘‘Chamber’’) and the Ministry of Foreign Hebei’’); (14) Chongqing Dyestuff Import agree to extend the provisional Trade and Economic Cooperation & Export United Corp. (‘‘Chongqing measures to not more than six months. (‘‘MOFTEC’’) with instructions to United’’); and (15) Wuhan Tianging In accordance with 19 CFR 351.210(b), forward the questionnaire to all Chemicals Import & Export Corp., Ltd. because (1) our preliminary producers/exporters of the subject (‘‘Wuhan’’). In addition, Jinhua determination is affirmative, (2) the merchandise for their response by the Chemical Group Import & Export Corp. requesting exporters account for a specified deadline dates. We also sent contacted the Department and stated significant proportion of exports of the courtesy copies of the antidumping duty that it does not produce or export the subject merchandise, and (3) no questionnaire to the following subject merchandise to the United compelling reasons for denial exist, we companies identified as possible States. are granting the respondents’ request exporters/producers of the subject and are postponing the final merchandise during the period of On October 5, 1999, pursuant to determination until no later than 135 investigation (‘‘POI’’): section 777A(c) of the Act, the days after the publication of this notice Beijing Dyestuffs Plant Department determined that, due to the in the Federal Register. Suspension of China National Chemical Construction large number of exporters/producers of liquidation will be extended Jiangsu Company the subject merchandise, it would limit accordingly. the number of mandatory respondents Chongqing Chuanran Chemicals General Scope of Investigation Plant in this investigation. See ‘‘Respondent Chongqing Dyestuff Import & Export Selection’’ section below. The products subject to this United Corp. On October 13, 1999, the Department investigation are the deep blue synthetic Chung Hing Chemicals invited interested parties to provide vat dye known as synthetic indigo and those of its derivatives designated Hainan Huanhai Development Co., Ltd publicly available information (‘‘PAI’’) commercially as ‘‘Vat Blue 1.’’ Included Hebei Jinzhou Import & Export for valuing the factors of production and are Vat Blue 1 (synthetic indigo), Color Corporation for surrogate country selection. Hebei Chemical Import & Export Co. Index No. 73000, and its derivatives, On October 28, 1999, the petitioners Hebei WuQiang Chemical General pre-reduced indigo or indigo white alleged that critical circumstances exist Factory (Color Index No. 73001) and solubilized with respect to imports of synthetic Jinhua Chemical Group indigo (Color Index No. 73002). The Jiahui Chemicals Works Theeast Tianjin indigo from the PRC. Accordingly, subject merchandise may be sold in any Jiangsu Taifeng Chemical Industry Co., pursuant to section 732(e) of the Act, on form (e.g., powder, granular, paste, Ltd. November 2, 1999, the Department liquid, or solution) and in any strength. Lianyungang Chemicals Medicines requested information regarding Synthetic indigo and its derivatives Products monthly shipments of synthetic indigo subject to this investigation are Sinochem Hebei Import & Export Corp. to the United States during the period currently classifiable under subheadings Sinochem Liaoning Import & Export Co. January 1997 to October 1999, from the 3204.15.10.00, 3204.15.40.00 or Sinochem Ningbo Import & Export Corp. mandatory respondents participating in 3204.15.80.00 of the Harmonized Tariff Suzhou Foreign Trade Corp. this investigation. We received the Schedule of the United States Syntron Industrial Co., Ltd. requested information on November 17, (‘‘HTSUS’’). Although the HTSUS Wonderful Chemical Industrial Ltd. 1999. The critical circumstances subheadings are provided for Wuhan Tianging Chemicals Import & analysis for the preliminary convenience and customs purposes, the Export Corp. determination is discussed below under written description of the merchandise Yong Fong Trade & Development Corp. ‘‘Critical Circumstances.’’ under investigation is dispositive. During the period September through On November 2, 1999, the Period of Investigation October 1999, the Department received respondents requested that the PRC be The POI comprises each exporter’s questionnaire responses from (1) treated as a market economy in this two most recent fiscal quarters prior to Wonderful Chemical Industrial Ltd. investigation. The respondents also the filing of the petition, i.e., October 1, (‘‘Wonderful’’); (2) Taixing Taifeng requested that the synthetic indigo 1998 through March 31, 1999. Dyestuff Company Ltd. (‘‘Taixing industry be considered a market- Taifeng’’); (3) Jiangsu Taifeng Chemical oriented industry (‘‘MOI’’) in a Respondent Selection Industry Co., Ltd. (‘‘Jiangsu Taifeng’’); November 22, 1999, submission. The Department determined that the (4) China National Chemical Treatment of both of these claims is resources available to it for this Construction Jiangsu Company discussed below under ‘‘Nonmarket investigation limited its ability to (‘‘CNCCJC’’); (5) China Jiangsu Economy Country and Market-Oriented analyze any more than the responses of International Economic Technical Industry Status.’’ the two largest exporter/producers of
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While the Department has determine whether the exporters are Department selected the two largest received information from a number of independent from government control is exporter groups to be the mandatory exporters and manufacturers of the not concerned, in general, with respondents in this proceeding: (a) subject merchandise, as stated above, macroeconomic/border-type controls, Wonderful/Jiangsu Taifeng and (b) we do not have information from other e.g., export licenses and quotas and Kwong Fat. (See Memorandum from the exporters and producers. The Chamber minimum export prices, particularly if Team to Louis Apple dated October 5, states in a September 10, 1999, these controls are imposed to prevent 1999). After further analysis of the submission that ‘‘[w]e believe that the dumping. The test focuses, rather, on questionnaire responses and in quantity exported by the companies controls over the investment, pricing, consideration of section 772(a) of the who have agreed to cooperate in this and output decision-making process at Act, we preliminarily determined that investigation accounts for a substantial the individual firm level. See Certain Tianjin Hongfa, rather than Kwong Fat, majority of the total quantity exported Cut-to-Length Carbon Steel Plate from is the appropriate respondent exporter from China during the POI.’’ The Ukraine: Final Determination of Sales at and thus have used Tianjin Hongfa’s Chamber refers to the exporters ‘‘who Less than Fair Value, 62 FR 61754, sales to Kwong Fat, rather than Kwong have agreed to be respondents’’ as 61757, November 19, 1997; Tapered Fat’s sales to unaffiliated purchasers in accounting for at least 65 percent of Roller Bearings and Parts Thereof, the United States, in this preliminary exports and acknowledges that there are Finished and Unfinished, from the determination (see discussion below a number of companies which have not People’s Republic of China: Final under ‘‘Export Price’’). Accordingly, supplied any data for this investigation. Results of Antidumping Duty Wonderful and Tianjin Hongfa are the Further, there is no information on the Administrative Review, 62 FR 61276, mandatory respondents analyzed in this record which defines how large the 61279, November 17, 1997; and Honey preliminary determination. universe of synthetic indigo producers from the People’s Republic of China: in the PRC is with any specificity. Even Preliminary Determination of Sales at Nonmarket Economy Country and Less than Fair Value, 60 FR 14725, Market-Oriented Industry Status in those cases where the number of investigated firms is limited by the 14726, March 20, 1995. The Department has treated the PRC Department, a MOI allegation must To establish whether a firm is as a NME in all past antidumping cover all (or virtually all) of the sufficiently independent from investigations (see, e.g., Final producers in the industry in question government control to be entitled to a Determination of Sales at Less Than separate rate, the Department analyzes (see Mushrooms at 72256, and Final Fair Value: Certain Preserved each exporting entity under a test Determination of Sales at Less Than Mushrooms from the People’s Republic arising out of the Final Determination of Fair Value: Freshwater Crawfish Tail of China, 63 FR 72255, December 31, Sales at Less Than Fair Value: Sparklers Meat from the PRC, 62 FR 41347, 41353, 1998 (‘‘Mushrooms’’); Final from the People’s Republic of China, 56 August 1, 1997). Thus, as it is clear that Determination of Sales at Less Than FR 20588 May 6, 1991 and amplified in the respondents’ claim does not cover Fair Value: Furfuryl Alcohol from the Silicon Carbide. Under the separate substantially all of the producers in the People’s Republic of China, 60 FR rates criteria, the Department assigns PRC synthetic indigo industry, we are 22545, May 8, 1995, (‘‘Furfuryl separate rates in NME cases only if unable to consider the MOI claim Alcohol’’); and Final Determination of respondents can demonstrate the Sales at Less Than Fair Value: Silicon further. absence of both de jure and de facto Carbide from the People’s Republic of Separate Rates governmental control over export China, 59 FR 22585, May 2, 1994, activities. (‘‘Silicon Carbide’’)). A designation as In proceedings involving NME 1. Absence of De Jure Control an NME remains in effect until it is countries, the Department begins with a The respondents have placed on the revoked by the Department (see section rebuttable presumption that all record a number of documents to 771(18)(C) of the Act). companies within the country are demonstrate absence of de jure control, On November 2, 1999, the subject to government control and thus including the ‘‘Foreign Trade Law of the respondents made a claim that should be assessed a single antidumping People’s Republic of China’’ and the economic changes in the PRC warrant duty deposit rate. In this case, each ‘‘Company Law of the People’s Republic revocation of the PRC’s NME status. respondent has requested a separate of China.’’ In prior cases, the Because the respondents’ submission company-specific rate. Wonderful is a Department has analyzed such laws and does not provide sufficient support for Hong Kong trading company which is found that they establish an absence of their claim for market economy status wholly-owned by a Hong Kong entity. de jure control (see, e.g., Notice of Final and does not address a number of Therefore, we determined that no Determination of Sales at Less Than important factors for determining separate rate analysis is required for it. Fair Value: Certain Partial-Extension market economy status (see Because Wonderful’s affiliate Jiangsu Steel Drawer Slides with Rollers from Memorandum from the Team to Lou Taifeng, which is jointly owned by the People’s Republic of China, 60 FR Apple, dated December 6, 1999), we Wonderful and a PRC company, also 54472, October 24, 1995; and Furfuryl have preliminarily determined to made direct sales to the United States Alcohol). We have no new information continue to treat the PRC as a NME. during the POI, it is eligible for in this proceeding which would cause In a November 22, 1999, submission, consideration of a separate rate. Tianjin us to reconsider this determination. the respondents requested that synthetic Hongfa states that it is ‘‘owned by the According to the respondents, exports indigo be treated as a MOI, and people.’’ As stated in Silicon Carbide of synthetic indigo are not subject to accordingly, that the Department should and Furfuryl Alcohol, ownership of the export quotas, nor does the subject rely on the actual PRC prices or costs for company by ‘‘all the people’’ does not merchandise appear on any government calculating normal value (‘‘NV’’). As a require the application of a single rate. list regarding export provisions or threshold matter, we note that the Accordingly, Tianjin Hongfa is also export licensing. Therefore, we
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69726 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices preliminarily determine that, within the cooperated with the Department’s and (e) of section 782; (C) significantly synthetic indigo industry, there is an investigation, but nonetheless, were not impedes a proceeding under this title; or absence of de jure government control fully analyzed by the Department due to (D) provides such information but the over export pricing and marketing limited resources (see ‘‘Respondent information cannot be verified as decisions of firms. Selection’’ section above), we assigned provided in section 782(i), the the weighted-average of the rates of the administering authority * * * shall, 2. Absence of De Facto Control fully-analyzed companies as a non- subject to section 782(d), use the facts As stated in previous cases, there is adverse facts available rate. Companies otherwise available in reaching the some evidence that certain enactments receiving this rate are identified by applicable determination under this of the PRC central government have not name in the ‘‘Suspension of title.’’ been implemented uniformly among Liquidation’’ section of this notice. Section 776(b) of the Act provides different sectors and/or jurisdictions in The parties who responded but were that adverse inferences may be used the PRC. (See Silicon Carbide and not analyzed have applied for separate when a party has failed to cooperate by Furfuryl Alcohol.) Therefore, the rates, and provided information for the not acting to the best of its ability to Department has determined that an Department to consider for this purpose. comply with a request for information. analysis of de facto control is critical in Although the Department is unable, due The exporters that decided not to determining whether respondents are, to administrative constraints, to respond to the Department’s in fact, subject to a degree of consider the requests for separate rates questionnaire failed to act to the best of governmental control which would status, and to calculate a separate rate their ability in this investigation. preclude the Department from assigning for each of these named parties who are Further, absent a response, we must separate rates. exporters, there has been no failure on presume government control of these The Department typically considers the part of these exporters to provide and all other PRC companies for which four factors in evaluating whether each requested information. Because it would we cannot make a separate rates respondent is subject to de facto not be appropriate for the Department to determination. Therefore, the governmental control of its export assign to these cooperative exporters a Department has determined that, in functions: (1) Whether the export prices margin based on adverse facts available, selecting from among the facts are set by, or subject to, the approval of the Department has assigned these otherwise available, an adverse a governmental authority; (2) whether exporters a rate based on a weighted- inference is warranted. the respondent has authority to average of the rates of the two analyzed As adverse facts available, we negotiate and sign contracts, and other exporters. assigned the highest margin based on agreements; (3) whether the respondent information in the petition, because the has autonomy from the government in PRC-Wide Rate margins derived from the petition are making decisions regarding the U.S. import statistics indicate that the higher than either of the calculated selection of its management; and (4) total quantity and value of U.S. imports margins. whether the respondent retains the of synthetic indigo from the PRC is Section 776(c) of the Act provides that proceeds of its export sales and makes greater than the total quantity and value where the Department selects from independent decisions regarding of synthetic indigo reported by all PRC among the facts otherwise available and disposition of profits or financing of exporters that submitted responses in relies on ‘‘secondary information,’’ such losses (see Silicon Carbide and Furfuryl this investigation. In addition, as noted as the petition, the Department shall, to Alcohol). above, the Chamber stated in a the extent practicable, corroborate that Both Jiangsu Taifeng and Tianjin September 10, 1999, letter that not all information from independent sources Hongfa asserted the following: (1) They exporters have responded to the reasonably at the Department’s disposal. establish their own export prices; (2) Department’s questionnaire. The Statement of Administrative Action they negotiate contracts without Accordingly, we applied a single accompanying the URAA, H.R. Doc. No. guidance from any governmental antidumping deposit rate—the PRC- 316, 103d Cong., 2d Sess. (1994) entities or organizations; (3) they make wide rate—to all exporters in the PRC, (hereinafter, the ‘‘SAA’’), states that their own personnel decisions; and (4) other than those specifically identified ‘‘corroborate’’ means to determine that they retain the proceeds of their export below under ‘‘Suspension of the information used has probative sales, use profits according to their Liquidation,’’ based on our presumption value. See SAA at 870. business needs, and have the authority that the export activities of the The petitioners’ methodology for to sell their assets and to obtain loans. companies that failed to respond to the calculating the export price (‘‘EP’’) and Additionally, the questionnaire Department’s questionnaire are NV is discussed in the Notice of responses indicate that company- controlled by the PRC government (see, Initiation. To corroborate the specific pricing during the POI does not e.g., Notice of Final Determination of petitioners’ EP calculations, we suggest coordination among exporters. Sales at Less Than Fair Value: Bicycles compared the prices in the petition to This information supports a preliminary from the People’s Republic of China, 61 the prices submitted by respondents for finding that there is an absence of de FR 19026, April 30, 1996 (‘‘Bicycles the same indigo product. To corroborate facto governmental control of the export from the PRC’’)). the petitioners’ NV calculations, we functions of these companies. As explained below, this PRC-wide compared the petitioners’ factor Consequently, we preliminarily antidumping rate is based on adverse consumption data to the data reported determine that both Jiangsu Taifeng and facts available. Section 776(a)(2) of the by the respondents, and the surrogate Tianjin Hongfa have met the criteria for Act provides that ‘‘if an interested party values for these factors in the petition to the application of separate rates. or any other person—(A) Withholds the values selected for the preliminary information that has been requested by determination. Margins for Exporters Whose Responses the administering authority; (B) fails to As discussed in the Memorandum Were Not Analyzed provide such information by the from the Team to the File entitled For the responding companies that deadlines for the submission of the Corroboration of Data Contained in the provided all the questionnaire responses information or in the form and manner Petition for Assigning an Adverse Facts requested of them and otherwise fully requested, subject to subsections (c)(1) Available Rate, dated December 6, 1999,
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69727 we found that the U.S. price and factors Preserved Mushrooms from the People’s merchandise being exported. of production information in the Republic of China, 63 FR 41794, 41796, Furthermore, Tianjin Hongfa reports petition to be reasonable and of August 5, 1998). Wonderful also that it only sells synthetic indigo to probative value. As a number of the reported that a small percentage of all Kwong Fat, with the knowledge that surrogate values selected for the sales of synthetic indigo to the United Kwong Fat only ships synthetic indigo preliminary determination differed from States during the POI were made to the United States. Thus, for purposes those used in the petition, notably the directly by its affiliated producer, of the preliminary determination, we ratio for selling, general and Jiangsu Taifeng. Because of the close have based EP on Tianjin Hongfa’s sales administrative (‘‘SG&A’’) expenses, we affiliation between Wonderful and to Kwong Fat. compared the petition margin Jiangsu Taifeng, we have calculated a We used EP methodology in calculations to the calculations based on single rate for these companies based on accordance with section 772(a) of the the selected surrogate values wherever product-specific, weighted-average EPs. Act because the subject merchandise possible and found they were We used EP methodology in was sold directly to an unaffiliated reasonably close. Therefore, we accordance with section 772(a) of the purchaser for exportation to the United preliminarily determine that the Act, because the subject merchandise States prior to importation, as discussed petition information continues to have was sold directly to unaffiliated above, and CEP methodology was not probative value. Accordingly, we find customers in the United States prior to otherwise indicated. We calculated EP that the highest margin from the importation and CEP methodology was based on packed FOB prices and made petition, 129.60 percent, is corroborated not otherwise indicated. We calculated deductions from the starting price (gross within the meaning of section 776(c) of EP based on packed CIF prices to the unit price) for inland freight from the the Act. first unaffiliated purchaser in the United plant/warehouse to port of exit, and States. Where appropriate, we made Fair Value Comparisons brokerage and handling in the PRC. deductions from the starting price (gross Because domestic brokerage and To determine whether sales of the unit price), for inland freight from the handling and inland freight were subject merchandise by Wonderful/ plant/warehouse to port of exit, provided by NME companies, we based Jiangsu Taifeng and Tianjin Hongfa to brokerage and handling in the PRC, and those charges on surrogate rates from the United States were made at LTFV, ocean freight and insurance, where India, as discussed in the Valuation we compared the EP to the NV, as appropriate, in accordance with section Memorandum. described in the ‘‘Export Price’’ and 772(c) of the Act. Because domestic ‘‘Normal Value’’ sections of this notice, brokerage and handling and inland Normal Value below. In accordance with section freight were provided by NME A. Surrogate Country 777A(d)(1)(A)(i) of the Act, we companies, we based those charges on compared POI-wide, weighted-average surrogate rates from India, as discussed Section 773(c)(4) of the Act requires EPs to the POI-wide, weighted-average in the Preliminary Determination the Department to value the NME NV. Valuation Memorandum from the Team producer’s factors of production, to the extent possible, in one or more market Export Price to the File dated December 6, 1999 (‘‘Valuation Memorandum’’). As economy countries that: (1) Are at a Under section 772(a) of the Act, EP is Wonderful and Jiangsu Taifeng reported level of economic development to be based on the ‘‘price at which the using market economy suppliers for comparable to that of the NME, and (2) merchandise is first sold (or agreed to be ocean freight and insurance, we valued are significant producers of comparable sold) before the date of importation by these expenses using the actual reported merchandise. The Department has the producer or exporter of the subject costs. determined that India, Pakistan, Sri merchandise outside of the United Lanka, Egypt, Indonesia, and the States to an unaffiliated purchaser in the Tianjin Hongfa Philippines are countries comparable to United States or to an unaffiliated For purposes of the preliminary the PRC in terms of overall economic purchaser for exportation to the United determination, we have based EP on development (see Memorandum from States. * * *’’ That is, the Department sales by Tianjin Hongfa, a trading Jeff May, Director of Office of Policy, to must examine the first sale between company in the PRC, to Kwong Fat, an Louis Apple, Director of Office 2, AD/ unaffiliated parties where the seller unaffiliated Hong Kong-based exporter. CVD Enforcement Group I, dated knows that the merchandise is destined To determine the appropriate October 8, 1999). According to the for the United States. transaction to analyze for purposes of available information on the record, we Wonderful/Jiangsu Taifeng EP, we examined whether Tianjin have determined that India meets the Hongfa sold the subject merchandise to statutory requirements for an The Hong Kong-based exporter Kwong Fat with the knowledge that the appropriate surrogate country for the Wonderful purchases the subject merchandise was destined for export to PRC. Accordingly, we have calculated merchandise from its PRC-based the United States. NV using Indian values for the PRC affiliated producers, Jiangsu Taifeng and Based on our examination of the producers’ factors of production except, Taixing Taifeng, via PRC trading questionnaire responses, we 1 as noted below, in certain instances companies. Because the producers are preliminarily determined that Tianjin where an input was sourced from a affiliated with Wonderful, we based EP Hongfa has knowledge that merchandise market economy and paid for in a on Wonderful’s sales to the unaffiliated is for export to the United States at the market economy currency. We have U.S. customer in accordance with time of sale, since it is involved in obtained and relied upon PAI wherever section 772(a) of the Act (see also arranging for the direct shipment of the possible. Preliminary Determination of Sales at merchandise to the port of destination Less Than Fair Value : Certain in the United States, and is responsible B. Factors of Production for preparing sales and shipment In accordance with section 773(c) of 1 Wonderful reported the following entities as the intermediate trading companies it used: CNCCJC, documents issued on or about the date the Act, we calculated NV based on the Shanghai Yongchen, CJIETCC, and China National of sale which clearly indicate that the factors of production reported by the Chemical Supply & Sales Corp. United States is the destination for the companies in the PRC which produced
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For comparison merchandise based on data from one of this preliminary determination, we have to sales made by Wonderful and its the following sources: relied on the average Indian domestic affiliate Jiangsu Taifeng, we calculated a • Average Indian domestic unit price, prices (exclusive of excise taxes) for the weighted-average NV based on the as quoted in the Indian publication aniline surrogate value. factors of production reported by Chemical Weekly from November 1998 Tianjin Hongfa’s PRC producer, Jiangsu Taifeng and Taixing Taifeng, as through March 1999. We adjusted the Tianjin Jiahui, reported that it resold the record evidence indicates that these average price to exclude the Indian iron slurry and mixed alkali by-products companies produced the same excise tax, based on information from its synthetic indigo production. merchandise during the POI. provided by the petitioners. • However, we did not make an offset Wonderful claimed that its producers’ The weighted-average unit import deduction to the surrogate cost of consumption of aniline was sourced value derived from various editions of production because we were unable to from a market economy and paid for in Monthly Statistics of the Foreign Trade identify appropriate surrogate values for market economy currency, and thus the of India (‘‘Monthly Statistics’’). these materials. We note further that • The weighted-average unit price for actual price paid should be used in our Tianjin Jiahui considers these materials Indian exports, on an FOB basis, as calculation of NV, in accordance with to have very low values. 19 CFR 351.408(a)(1). However, the published in Chemical Weekly during the period October 1997 through We valued labor based on a support documentation submitted by regression-based wage rate, in Wonderful shows that the aniline was September 1998. • The average of price quotes accordance with 19 CFR 351.408(c)(3). imported by an intermediate trading To value electricity and furnace oil, company in the PRC, not by submitted as public documents by the petitioners and the respondents, we used an average rate derived from Wonderful’s affiliated PRC producers. the 1998–1999 annual reports of three Further, there is no indication on the adjusted to exclude Indian excise taxes, where appropriate. Indian companies. We based the value support documentation that the material of steam coal on data from the Monthly was actually produced in a market For certain materials reportedly Statistics. For diesel fuel, we used economy, or that the material was ever consumed in small to very small average prices reported in the December actually transported to the producers quantities, such as dispersing agents, 1997 issue of Economic Times of India. and used by them. Accordingly, there is wetting agents, and lubricants, we were Where a producer reported the an insufficient basis upon which to rely unable to identify appropriate surrogate consumption of purchased steam, we on this alleged market economy values. Therefore, we have not included valued the steam based on an average purchase to value these indigo these factors in our preliminary rate found in the 1997–1998 annual producers’ consumption of aniline and, determination NV calculation. report of an Indian company. therefore, we have relied on the In past antidumping proceedings, the surrogate value, as discussed below. Department has relied on the import To value water, we relied on the Wonderful also claimed that it data from Monthly Statistics to value publicly available tariff rates reported in purchased the dispersing agent SK2 for aniline, rather than the domestic price the October 1997 publication Second its producers from a market economy from Chemical Weekly, because of Water Utilities Data Book: Asian and through the supplier’s affiliate in Hong distortions and aberrations in the Indian Pacific Region. We valued water Kong. However, the support domestic price (see, e.g., Final Results of separately, rather than as part of factory documentation included in Wonderful’s Antidumping Administrative Review: overhead, in accordance with a number questionnaire response provides no Sulfanilic Acid from the People’s of other PRC proceedings, because the indication that the material was actually Republic of China, 63 FR 63834, information used to derive factory produced in, or even shipped from, a November 17, 1998). However, the overhead appeared to exclude water market economy. Thus, there is an petitioners have placed information on consumption expenses (see Valuation insufficient basis upon which to rely on the record of this investigation to Memorandum). this alleged market economy purchase indicate that the distortions in domestic We based our calculation of factory to value the indigo producers’ prices are disappearing, as the Indian overhead, SG&A expenses, and profit on consumption of this dispersing agent. import tariff on aniline has been data contained in the 1998–1999 We have no other information to value reduced to the same level as that of Annual Report of Daurala Organics Ltd., this material. As this material is other chemicals, and the pricing of an Indian producer of phenylglycine, a reportedly consumed in very small domestic aniline is now comparable to chemical intermediate produced during quantities, we have not valued this that of imported aniline (see the the manufacture of synthetic indigo. As material for purposes of this preliminary petitioners’ submission of November 5, discussed in the Valuation determination. 1999, at pages 7–8 and Exhibit 6A). Memorandum, we used this information The selection of the surrogate values While the Department continued to rely as no data was available from a applied for purposes of this on the import value in the Preliminary synthetic indigo producer in any of the determination was based on the quality, Results of Antidumping Administrative surrogate countries. specificity, and contemporaneity of the Review: Sulfanilic Acid from the To value truck freight rates, we used data. As appropriate, we adjusted input People’s Republic of China, 64 FR POI rates published in the Economic prices to make them delivered prices. 48788, September 8, 1999, based on the Times of India. As we were unable to For those values not contemporaneous information on the record of the instant identify a surrogate value for inland with the POI and quoted in a foreign proceeding, it appears that any water transportation, we valued boat currency, we adjusted for inflation using distortions remaining in the Indian and barge transportation using the wholesale price indices published in the domestic prices are not any greater than surrogate value for truck freight. With International Monetary Fund’s those which may exist in the import regard to rail freight, we based our
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United States, 117 F.3d case, the ITC finds a reasonable month for which such data was 1401 (CAFC 1997), when using an indication of present material injury to available), and then subtracted the import surrogate value, we have added the relevant U.S. industry, the figures of the mandatory respondents. to CIF surrogate values from India a Department will determine that a Although synthetic indigo is classifiable surrogate freight cost using the shorter reasonable basis exists to impute under several HTSUS subheadings, we of the reported distances from either the importer knowledge that there would be based our analysis on the one HTSUS closest PRC port to the factory, or from material injury by reason of dumped category which includes the majority of the domestic supplier to the factory. imports during the critical synthetic indigo and its derivatives For the reported packing materials, circumstances period—the 90-day subject to this investigation. For further we used import values from the Monthly period beginning with the initiation of discussion of the data examined, see the Statistics. the investigation. See 19 CFR 351.206(i). Memorandum from The Team to The Accordingly, we find that the Critical Circumstances File dated December 6, 1999. importers either knew, or should have Based on our analysis, we On October 28, 1999, the petitioners known, that the imports of synthetic preliminarily find that the increase in alleged that there is a reasonable basis indigo were being sold at LTFV and that imports was significantly greater than to believe or suspect that critical there was likely to be material injury be 15 percent with respect to the named circumstances exist with respect to reason of such sales. respondents, the non-mandatory PRC imports of synthetic indigo from the Because we have preliminarily found exporters, and all other producers/ PRC. In accordance with 19 CFR that the first statutory criterion is met, exporters. 351.206(c)(2)(i), since this allegation we must consider the second statutory With regard to seasonal trends, we was filed at least 20 days before the criterion: whether imports of the reviewed the record and found no deadline for the Department’s merchandise have been massive over a information indicating that seasonal preliminary determination, we must relatively short period. According to 19 trends apply in this case. With regard to issue our preliminary critical CFR 351.206(h), we consider the the share of domestic consumption circumstances determination no later following to determine whether imports accounted for by imports, pursuant to than the preliminary determination of have been massive over a relatively 19 CFR 351.206(h)(iii), we considered sales at LTFV. short period of time: (1) Volume and the information submitted by petitioners Section 733(e)(1) of the Act provides value of the imports; (2) seasonal trends on November 24, 1999. that if a petitioner alleges critical (if applicable); and (3) the share of Based on the foregoing analysis, we circumstances, the Department will domestic consumption accounted for by preliminarily determine that there is a determine whether there is a reasonable the imports. reasonable basis to believe or suspect basis to believe or suspect that: When examining volume and value that critical circumstances exist with (A)(i) there is a history of dumping and data, the Department typically compares respect to synthetic indigo from the material injury by reason of dumped imports the export volume for equal periods mandatory respondents in this in the United States or elsewhere of the immediately preceding and following investigation as well as the non- subject merchandise, or the filing of the petition. Under 19 CFR mandatory respondents and all other (ii) the person by whom, or for whose 351.206(h), unless the imports in the producers/exporters. account, the merchandise was imported comparison period have increased by at knew or should have known that the exporter We will make a final determination was selling the subject merchandise at less least 15 percent over the imports during concerning critical circumstances when than its fair value and that there was likely the base period, we will not consider we make our final determination of to be material injury by reason of such sales, the imports to have been ‘‘massive.’’ sales at LTFV in this investigation. and The Department examines shipment (B) there have been massive imports of the information submitted by the Verification subject merchandise over a relatively short respondent or import statistics when As provided in section 782(i) of the period. respondent-specific shipment Act, we will verify all information relied We are not aware of any antidumping information is not available. upon in making our final determination. order in any country on synthetic indigo To determine whether or not imports from the PRC. Therefore, we examined of subject merchandise have been Suspension of Liquidation whether there was importer knowledge. massive over a relatively short period, In accordance with section 733(d) of The Department normally considers we compared the mandatory the Act, we are directing the Customs margins of 25 percent or more for EP respondent’s export volume for the four Service to suspend liquidation of all sales, or 15 percent or more for CEP months subsequent to the filing of the imports of subject merchandise that are sales, and a preliminary ITC petition (July-October 1999) to that entered, or withdrawn from warehouse, determination of material injury during the four months prior to the for consumption on or after 90 days sufficient to impute knowledge of filing of the petition (March-June 1999). prior to the date of publication of this dumping and the likelihood of resultant These periods were selected based on notice in the Federal Register. We will material injury. In this investigation, the Department’s practice of using the instruct the Customs Service to require because the dumping margins for both longest period for which information is a cash deposit or the posting of a bond mandatory respondents, the non- available from the month that the equal to the weighted-average amount mandatory PRC exporters, and all other petition was submitted through the by which the NV exceeds the EP, as producers/exporters are greater than 25 effective date of the preliminary indicated in the chart below. These percent, we have imputed knowledge of determination. For the non-mandatory suspension of liquidation instructions dumping to importers of subject PRC exporters and all PRC exporters will remain in effect until further notice.
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Weighted-av- Critical Exporter erage margin cir- percentage cumstances
Wonderful Chemical Industrial Ltd./Jiangsu Taifeng Chemical Industry Co., Ltd ...... 78.35 Yes Tianjin Hongfa Group Co...... 126.65 Yes China National Chemical Construction Jiangsu Company ...... 97.58 Yes China Jiangsu International Economic Technical Cooperation Corp ...... 97.58 Yes Shanghai Yongchen International Trading Company Ltd...... 97.58 Yes Hebei Jinzhou Import & Export Corporation ...... 97.58 Yes Sinochem Hebei Import & Export Corp...... 97.58 Yes Chongqing Dyestuff Import & Export United Corp...... 97.58 Yes Wuhan Tianging Chemicals Import & Export Corp., Ltd...... 97.58 Yes PRC-wide Rate ...... 129.60 Yes
The PRC-wide rate applies to all proceeds normally, we will make our Scope of Investigation entries of subject merchandise except final determination no later than 135 for entries from exporters that are days after the publication of this notice The scope of this investigation identified individually above. in the Federal Register. includes tin mill flat-rolled products that are coated or plated with tin, This determination is issued and ITC Notification chromium or chromium oxides. Flat- published in accordance with sections In accordance with section 733(f) of rolled steel products coated with tin are 733(d) and 777(i)(1) of the Act. the Act, we have notified the ITC of our known as tin plate. Flat-rolled steel determination. If our final Dated: December 7, 1999. products coated with chromium or determination is affirmative, the ITC Robert S. LaRussa, chromium oxides are known as tin-free will determine before the later of 120 Assistant Secretary for Import steel or electrolytic chromium-coated days after the date of this preliminary Administration. steel. The scope includes all the noted determination or 45 days after our final [FR Doc. 99–32395 Filed 12–13–99; 8:45 am] tin mill products regardless of determination whether these imports BILLING CODE 3510±DS±P thickness, width, form (in coils or cut are materially injuring, or threaten sheets), coating type (electrolytic or material injury to, the U.S. industry. otherwise), edge (trimmed, untrimmed DEPARTMENT OF COMMERCE or further processed, such and scroll Public Comment cut), coating thickness, surface finish, Case briefs or other written comments International Trade Administration temper, coating metal (tin, chromium, in at least ten copies must be submitted chromium oxide), reduction (single-or to the Assistant Secretary for Import [A±588±854] double-reduced), and whether or not Administration no later than March 23, coated with a plastic material. 2000, and rebuttal briefs, no later than Notice of Opportunity to Comment on The merchandise subject to this March 28, 2000. A list of authorities the Scope of the Antidumping Duty investigation is classified in the used and an executive summary of Investigation of Certain Tin Mill Harmonized Tariff Schedule of the issues should accompany any briefs Products From Japan submitted to the Department. Such United States (‘‘HTSUS’’), under HTSUS summary should be limited to five pages AGENCY: Import Administration, subheadings 7210.11.0000, total, including footnotes. In accordance International Trade Administration, 7210.12.0000, 7210.50.0000, with section 774 of the Act, we will Department of Commerce. 7212.10.0000, and 7212.50.0000 if of non-alloy steel and under HTSUS hold a public hearing, if requested, to EFFECTIVE DATE: December 14, 1999. afford interested parties an opportunity subheadings 7225.99.0090, and to comment on arguments raised in case FOR FURTHER INFORMATION CONTACT: 7226.99.0000 if of alloy steel. Although or rebuttal briefs. Tentatively, the Samantha Denenberg at (202) 482–1386 the subheadings are provided for hearing will be held on March 30, 2000, or Linda Ludwig at (202) 482–3833, convenience and Customs purposes, our at the U.S. Department of Commerce, Import Administration, International written description of the scope of this 14th Street and Constitution Avenue, Trade Administration, U.S. Department investigation is dispositive. NW, Washington, DC 20230. Parties of Commerce, 14th Street and During our review of the petition, we should confirm by telephone the time, Constitution Avenue, NW, Washington, discussed the scope with the petitioners date, and place of the hearing 48 hours DC 20230. to ensure that the scope in the petition before the scheduled time. Background accurately reflects the product for which Interested parties who wish to request the domestic industry is seeking relief. a hearing, or to participate if one is On November 30, 1999, the Moreover, as we discussed in the requested, must submit a written Department of Commerce (‘‘the preamble to the Department’s request to the Assistant Secretary for Department’’) published a notice of regulations (62 FR 27323), we are setting Import Administration, U.S. Department initiation for the antidumping duty aside a period for parties to raise issues of Commerce, Room 1870, within 30 investigation of certain tin mill products regarding product coverage. The days of the publication of this notice. from Japan (64 FR 66892). Omitted from Department encourages all parties to Requests should contain: (1) The party’s this initiation notice was the submit such comments within 20 days name, address, and telephone number; Department’s invitation for public of the publication of this notice. (2) the number of participants; and (3) comment on the scope of the Comments should be addressed to a list of the issues to be discussed. Oral investigation. The Department is now Import Administration’s Central presentations will be limited to issues seeking public comment on the scope of Records Unit at Room 1870, U.S. raised in the briefs. If this investigation the investigation. Department of Commerce, 14th Street
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69731 and Constitution Avenue, NW, merchandise. On October 4, 1999, we 7216.33.0060, 7216.33.0090, Washington, DC 20230. postponed the preliminary 7216.50.000, 7216.61.0000, The period of scope consultations is determination of this investigation until 7216.69.0000, 7216.91.0000, intended to provide the Department no later than December 6, 1999. See 7216.99.0000, 7228.70.3040, with ample opportunity to consider all Structural Steel Beams From the 7228.70.6000. comments and consult with parties Republic of Korea: Postponement of Although the HTSUS subheadings are prior to the issuance of the preliminary Preliminary Determination of provided for convenience and Customs determination. Countervailing Duty Investigation, 64 FR purposes, the written description of the Dated: December 6, 1999. 53665 (October 4, 1999). merchandise under investigation is We received responses to initial dispositive. Barbara E. Tillman, questionnaires from the GOK and Acting Deputy Assistant Secretary for Import Kangwon Industries Ltd. (Kangwon), Applicable Statute and Regulations Administration. Inchon Iron and Steel Co., Ltd. (Inchon), [FR Doc. 99–32394 Filed 12–13–99; 8:45 am] producers of subject merchandise, on Unless otherwise indicated, all BILLING CODE 3510±DS±P September 21, 1999. In addition, we citations to the statute are references to received responses from three trading the provisions of the Tariff Act of 1930, companies which are involved in as amended by the Uruguay Round DEPARTMENT OF COMMERCE exporting the subject merchandise to the Agreements Act (URAA) effective January 1, 1995 (the Act). In addition, International Trade Administration United States: Hyosung Corporation (Hyosung), Sampyo Corporation unless otherwise indicated, all citations [C±580±842] (Sampyo), and Hyundai Corporation to the Department’s regulations are to (Hyundai). Dongkuk Steel Mill Co, Ltd. the current regulations as codified at 19 Preliminary Negative Countervailing (DSM) and its trading company, CFR part 351 (1999) and to the Duty Determination and Alignment of Dongkuk Industries Co., Ltd. (DKI), did substantive countervailing duty Final Countervailing Duty not respond to the initial questionnaire. regulations published in the Federal Determination With Final Antidumping On October 15, 1999, we issued Register on November 25, 1998 (63 FR Duty Determination: Structural Steel supplemental questionnaires to all of 65345) (CVD Regulations). Beams From the Republic of Korea the responding parties and to DSM and Injury Test AGENCY: Import Administration, DKI. We received responses from International Trade Administration, Kangwon and Inchon on November 15, Because the Republic of Korea (Korea) Department of Commerce. 1999. We received a response to the is a ‘‘Subsidies Agreement Country’’ second questionnaire from DSM and its EFFECTIVE DATE: December 14, 1999. within the meaning of section 701(b) of trading company DKI on November 19, the Act, the International Trade FURTHER INFORMATION CONTACT: Eric B. 1999. On November 19, 1999, we issued Commission (ITC) is required to Greynolds or Tipten Troidl, Office of a second supplemental questionnaire to determine whether imports of the CVD/AD Enforcement VI, Import responding parties and received their subject merchandise from Korea Administration, U.S. Department of responses on November 29, 1999. materially injure, or threaten material Commerce, Room 4012, 14th Street and injury to, a U.S. industry. On September Constitution Avenue, NW, Washington, Scope of the Investigation 1, 1999, the ITC published its D.C. 20230; telephone (202) 482–2786. For purposes of this investigation, the preliminary determination finding that products covered are doubly-symmetric Preliminary Determination there is a reasonable indication that an shapes, whether hot-or cold-rolled, industry in the United States is being The Department of Commerce (the drawn, extruded, formed or finished, materially injured, or threatened with Department) preliminarily determines having at least one dimension of at least material injury, by reason of imports that counteravailable subsidies are not 80 mm (3.2 inches or more), whether of from Korea of the subject merchandise being provided to producers and carbon or alloy (other than stainless) (See Certain Structural Steel Beams exporters of structural steel beams from steel, and whether or not drilled, From Germany, Japan, Korea, and the Republic of Korea. punched, notched, painted, coasted, or Spain, 64 FR 47866 (September 1, SUPPLEMENTARY INFORMATION: clad. These products (Structural Steel 1999). Beams) include, but are not limited to, Petitioners wide-flange beams (W shapes), bearing Alignment With Final Antidumping The petition in this investigation was piles (HP shapes), standard beams (S or Duty Determination filed by Northwestern Steel & Wire Co., I shapes), and M-shapes. Nucor-Yamato Steel Co., TXI-Chaparral All products that meet the physical On November 22, 1999, the Steel Co., and the United Steelworkers and metallurgical descriptions provided petitioners submitted a letter requesting of America (the petitioners). above are within the scope of this alignment of the final determination in investigation unless otherwise this investigation with the final Case History excluded. The following products, are determination in the companion Since the publication of the notice of outside and/or specifically excluded antidumping duty investigation. In initiation in the Federal Register (see from the scope of this investigation: accordance with section 705(a)(1) of the Notice of Initiation of Countervailing Structural steel beams greater than 400 Act, we are aligning the final Duty Investigation: Structural Steel pounds per linear foot or with a web or determination in this investigation with Beams From the Republic of Korea, 64 section height (also known as depth) the final antidumping duty FR 42088, (August 3, 1999) (Initiation over 40 inches. determinations in the antidumping Notice)), the following events have The merchandise subject to these investigations of structural steel beams. occurred. On July 29, 1999, we issued investigations is classified in the See Initiation of Antidumping countervailing duty questionnaires to Harmonized Tariff Schedule of the Investigations: Structural Steel Beams the Government of Korea (GOK), and the United States (HTSUS) at subheadings: From Germany, Japan, South Korea, and producers/exporters of the subject 7216.32.0000, 7216.33.0030, Spain, 64 FR 42084 (August 8, 1999).
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Period of Investigation influenced the practices of lending banks. Thus, in keeping with the The period of investigation for which institutions in Korea and controlled methodology employed in Sheet and we are measuring subsidies (the POI) is access to overseas foreign currency Strip, 64 FR 30636, 30640, we used the calendar year 1998. loans. See Final Affirmative weighted-average interest rates on U.S. Countervailing Duty Determinations and dollar loans from foreign bank branches Subsidies Valuation Information Final Negative Critical Circumstances in Korea received by another respondent Allocation Period Determinations: Certain Steel Products in this investigation, Inchon, as a from Korea, 58 FR 37338, 37339 (July 9, benchmark for Kangwon’s U.S. dollar 19 CFR 351.524(d)(2) states that we 1993) (Steel Products from Korea), and loans from government banks and will presume the allocation period for the ‘‘Direction of Credit’’ section below. Korean Domestic Banks; (2) For non-recurring subsidies to be the In that investigation, we determined countervailable won-denominated long- average useful life (AUL) of renewable that the best indicator of a market rate term loans, where available, we used the physical assets for the industry for long-term loans in Korea was the company-specific corporate bond rate concerned, as listed in the Internal three-year corporate bond rate on the on the companies’ public and private Revenue Service’s (IRS) 1977 Class Life secondary market. Therefore, in the bonds. We note that this benchmark is Asset Depreciation Range System and preliminary determination of this based on the decision in Plate in Coils, updated by the Department of Treasury. investigation, we used the three-year 64 FR 15530, 15531, in which we The presumption will apply unless a corporate bond rate on the secondary determined that the GOK did not party claims and establishes that these market as our benchmark to calculate control the Korean domestic bond tables do not reasonably reflect the AUL the benefits which the respondent market after 1991, and that domestic of the renewable physical assets for the companies received from direct foreign bonds may serve as an appropriate company or industry under currency loans and domestic foreign benchmark interest rate. Where investigation, and the party can currency loans obtained prior to 1992, unavailable, we used the national establish that the difference between the and still outstanding during the POI. average of the yields on three-year company-specific or country-wide AUL In Plate in Coils and the Final corporate bonds as reported by the Bank for the industry under investigation is Affirmative Countervailing Duty of Korea (BOK). We note that the use of significant. Determination: Stainless Steel Sheet the three-year corporate bond rate from In this investigation, no party to the and Strip in Coils from the Republic of the BOK follows the approach taken in proceeding has claimed that the AUL Korea, 64 FR 30636 (June 8, 1999), Plate in Coils, 64 FR 15530, 15532, in listed in the IRS tables does not (Sheet and Strip), the Department, for which we determined that, absent reasonably reflect the AUL of the the first time, examined the GOK’s company-specific interest rate renewable physical assets for the firm or direction of credit policies for the information, the corporate bond rate is industry under investigation. Therefore, period 1992 through 1997. Based on the best indicator of a market rate for according to 19 CFR 351.524(d)(2), we new information gathered during the won-denominated long-term loans in have allocated all companies’ non- course of those investigations, the Korea. recurring subsidies over 15 years, the Department determined that the GOK We are also using, where available, AUL listed in the IRS tables for the steel controlled directly or indirectly the the company-specific corporate bond industry. lending practices of most sources of rate as the discount rate to determine Benchmarks for Long-Term Loans and credit in Korea between 1992 and 1997. the benefit from non-recurring subsidies Discount Rates: In the current investigation, we received between 1992 and 1998. Where preliminarily determine that the GOK During the POI, the respondent unavailable, we are using the national still exercised substantial control over companies had both won-denominated average of the three-year corporate bond lending institutions in Korea during the and foreign currency-denominated long- rate. POI. term loans outstanding which had been Based on our findings on this issue in Benchmarks for Short-Term Financing received from government-owned prior investigations, as well as in the For those programs that require the banks, Korean commercial banks, instant investigation, discussed below application of a short-term interest rate overseas banks, and foreign banks with in the ‘‘Direction of Credit’’ section of benchmark, we used as our benchmark branches in Korea. A number of these this notice, we are using the following a company-specific weighted-average loans were received prior to 1992. In the benchmarks to calculate respondents’ 1993 investigation of Steel Products interest rate for commercial won- 1 long-term loans obtained in the years denominated loans outstanding during from Korea, the Department 1992 through 1998: (1) For determined that, through 1991, the GOK the POI. Kangwon, Inchon, Hyundai, countervailable, foreign-currency Hyosung and DKI reported company- denominated long-term loans, we used, 1 On October 1, 1999, the United States Court of specific, short-term commercials Appeals for the Federal Circuit (CAFC) issued a where available, the company-specific interest rates. decision regarding Steel Products from Korea. See weighted-average U.S. dollar- AK Steel Corp v. United States, 192 F.3d (AK Steel, denominated interest rates on the Creditworthiness 192 F.3d). The Department has not received specific companies’ loans from foreign bank As stated in our Initiation Notice, we instructions on this decision. However, our review of the decision indicates that the CAFC found that branches in Korea. With respect to initiated an investigation of Kangwon’s there was not sufficient evidence on the record of Kangwon, the firm did not report any creditworthiness from 1991 through Steel Products from Korea to determine that the U.S. dollar loans from foreign bank 1998, to the extent that nonrecurring GOK provided credit directly to the Korean steel branches in Korea. Therefore, we had to grants, long-term loans, or loan industry. In this investigation, we have additional information on the record indicating that the GOK’s rely on a U.S. dollar loan benchmark guarantees were provided in those direction of credit prior to 1992 provided a that is not company-specific, but years. countervailable benefit to the Korean steel industry. provides a reasonable representation of Regarding the period from 1992 Therefore, the selection of long-term benchmarks industry practice, to determine whether through 1998, Kangwon reported that it cited to in Steel Products from Korea is appropriate for this current investigation. For further a benefit was provided to Kangwon from issued long-term corporate bonds during information on direction of credit prior to 1992, see U.S. dollar loans received from each of these years. The Department’s the ‘‘Direction of Credit’’ section of this notice. government banks and Korean domestic regulations, as well as its past practice,
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See 19 value of exports of the subject Determination and Final Negative CFR 351.525. merchandise to the United States. These Critical Circumstances Determination: During the POI, Kangwon exported calculated ad valorem subsidies were Certain Laminated Hardwood Trailer the subject merchandise to the United then added to the subsidies calculated Flooring from Canada, 62 FR 5201 States through two trading companies, for the producers of subject (February 4, 1997). In Plate in Coils, the Hyosung and Sampyo. Inchon exported merchandise. Thus, for each of the Department determined that the GOK subject merchandise through one programs below, the listed ad valorem did not control the domestic bond trading company, Hyundai. DSM subsidy rate includes countervailable market. Therefore, because the domestic exported subject merchandise through subsidies received by both the bond market represents a legitimate its trading company, DKI. Hyosung, producing and trading companies. commercial source of long-term Sampyo, Hyundai and DKI responded to I. Programs Preliminarily Determined financing, we preliminarily determine the Department’s questionnaires with To Be Countervailable that the issuances of these bonds respect to the export subsidies under provides evidence of Kangwon’s investigation. A. The GOK’s Direction of Credit creditworthiness during the period 1992 Under 19 CFR 351.107, when subject Policies through 1998. merchandise is exported to the United Because we determined that the States by a company that is not the 1. The GOK’s Credit Policies Through Korean bond market was controlled producer of the merchandise, the 1991 prior to 1992 by the GOK in Steel Department may establish a As noted above in the ‘‘Subsidies Products from Korea, we could not use ‘‘combination’’ rate for each Valuation Section’’ of this notice, on Kangwon’s issuance of bonds to combination of an exporter and October 1, 1999, the CAFC issued a establish whether the company was supplying producer. However, as noted decision regarding Steel Products from creditworthy for the period prior to in the ‘‘Explanation of the Final Rules’’ Korea. See AK Steel , 192 F.3d. The 1992. Therefore, with respect to 1991, (the Preamble), there may be situations Department has not received specific we considered Kangwon’s past and in which it is not appropriate or instructions on this decision. However, present financial health, as reflected in practicable to establish combination our review of the decision indicates that various financial indicators calculated rates when the subject merchandise is the CAFC found that there was not from the firm’s financial statements and exported by a trading company. In such sufficient evidence on the record of accounts, in making a determination on situations, the Department will make Steel Products from Korea to determine whether Kangwon was creditworthy in exceptions to its combination rate that the GOK provided credit directly to that year. To this end, we calculated approach on a case-by-case basis. See the Korean steel industry. Nevertheless, Kangwon’s financial indicators for the Antidumping Duties; Countervailing information placed on the record of this years 1988 through 1991. In our Duties; Final Rule, 62 FR 27296, 27303 proceeding supports and indicates that examination of Kangwon’s relevant (May 19, 1997). the GOK’s direction of credit provided financial ratios, we did not find that the In this investigation, we preliminarily a countervailable benefit to the steel company would be unable to meet its determine that it is not appropriate to industry. See Memorandum to Holly debt obligations. For more information establish combination rates. This Kuga from David Mueller RE: Direction on the creditworthiness of Kangwon preliminary determination is based on of Credit Pre-1991 dated December 6, during 1991, see the December 6, 1999, two main facts: First, the majority of 1999, and placed on file in the Central memorandum to David Mueller, subsidies conferred upon the subject Records Unit, Room B–099 of the Director of the Office of AD/CVD merchandise were received by the Department of Commerce. Thus, based Enforcement VI, a public document on producers. Second, the difference in the on this information, which includes file in the Department’s Central Records levels of subsidies conferred upon new information that was not on the Unit, Room B–099. Therefore, based individual trading companies with record of Steel Products from Korea, we upon our examination of Kangwon’s regard to subject merchandise is preliminarily determine that all loans financial ratios during the years 1988 insignificant. Thus, combination rates disbursed to respondent companies through 1991, we preliminarily would serve no practical purpose through 1991 are countervailable. determine Kangwon to also be because the calculated subsidy rate for Therefore, we continue to determine creditworthy in 1991. any of the producers and a combination that the provision of long-term loans in of any of the trading companies would Korea through 1991 results in a Treatment of Subsidies Received by effectively be the same rate. Instead, we financial contribution within the Trading Companies have continued to calculate rates for the meaning of section 771(5)(D)(i) of the We required responses from trading producers of subject merchandise that Act. In accordance with section companies with respect to the export include the subsidies received by the 771(5)(E)(ii) of the Act, a benefit has subsidies under investigation because trading companies. To reflect those been conferred to the recipient to the the subject merchandise may be subsidies that are received by the extent that the regulated loans are subsidized by means of subsidies exporters of the subject merchandise in provided at interest rates less than the provided to both the producer and the the calculated ad valorem subsidy rate, benchmark rates described under the exporter of the subject merchandise. All we used the following methodology: For ‘‘Subsidies Valuation Information’’ subsidies conferred on the production each of the three trading companies, we section, above. and exportation of subject merchandise calculated the benefit attributable to the Kangwon received long-term fixed benefit the subject merchandise even if subject merchandise. We then factored and variable loans that were outstanding it is exported to the United States by an that amount into the calculated subsidy during the POI. Because the terms, grace
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69734 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices periods, and repayment schedules of conferred a benefit on the producers/ Regulation on Foreign Exchange Kangwon’s long-term fixed rate loans exporters of the subject merchandise to Controls was amended to further differed from those of the long-term the extent that the interest rates on the liberalize foreign currency transactions, fixed rate benchmark, we applied the countervailable loans were less than the and in July, the GOK abolished the limit methodology provided for in 19 CFR interest rates on comparable commercial on purchasing foreign currency. 351.505(c)(3). Specifically, to derive the loans. See section 771(5)(ii) of the Act. According to the GOK, it also liberalized benefit, we performed the following: (1) See also Plate in Coils, 64 FR 15530, access to foreign loans. For direct We calculated the net present values of 15533, and Sheet and Strip, 64 FR foreign loans to Korean companies, the the repayment streams; (2) We 30636, 30642. approval process under Article 19 of the subtracted the net present value figures We provided the GOK with the Foreign Investment and Foreign Capital from the original loan amounts; and (3) opportunity to present new factual Inducement Act (FIFCIA) and Article 21 We allocated the differences (i.e., the information concerning the of its enforcement decree were grant equivalents) to the POI using the government’s credit policies during the eliminated and replaced with the methodology provided for in 19 CFR 1992 through 1997 period, which we Foreign Investment Promotion Act 351.524(d)(1). To determine the benefit would consider along with our finding (FIPA), effective in November 1998. from the loans with variable interest in the prior investigations. The GOK did However, during most of the POI, access rates, we applied the methodology not provide new factual information to direct foreign loans still required the provided for in 19 CFR 351.505(c)(4). that would lead us to change our approval of the Ministry of Finance and Therefore, for Kangwon and DSM’s determination in Plate in Coils and Economy. variable rate loans, we calculated the Sheet and Strip. Therefore, we continue Regarding the GOK regulated credit difference in interest payments for the to find lending from domestic banks and from government-controlled banks such POI based upon the difference in the from government-owned banks such as as the Korea Development Bank (KDB), amount of actual interest paid during the KDB to be countervailable. the GOK reported that the KDB Act was 1998 on the regulated loans and the In this investigation, petitioners allege amended in January 1998, in response amount of interest that would have been that the GOK continued to control the to the financial crisis in 1997. paid on a comparable commercial loan. practices of lending institutions in According to the GOK, with the new Act Having derived the benefit amounts Korea through the POI, and that the the KDB no longer allocates funds for attributable to the POI for Kangwon’s steel sector received a disproportionate various functional categories; such as and DSM’s fixed and variable rate loans, share of low-cost, long-term credit, R&D, environment and technology. All we then summed the benefit amounts resulting in countervailable benefits functional loan categories were from the loans and divided the total being conferred on the producers/ eliminated and such loans were benefit by the companies’ respective exporters of the subject merchandise. consolidated into a single category for total sales. On this basis, we Petitioners assert, therefore, that the facility (equipment) loans. The GOK preliminarily determine the net Department should countervail all long- also stated that the KDB strengthened its countervailable subsidy to be 0.09 term loans received by the producers/ credit evaluation procedures by percent ad valorem for Kangwon and exporters of the subject merchandise developing an objective and systematic 0.06 percent ad valorem for DSM. that were still outstanding during the credit evaluation standard to prevent Inchon did not have any pre-1992 loans POI. arbitrary decisions on loans and interest outstanding during the POI. We examined whether the GOK rates. The KDB changed its Credit continued to control or influence Evaluation Committee to the Credit 2. The GOK’s Credit Policies From 1992 directly or indirectly, the lending Deliberation Committee (CDC), and gave Through 1998 practices of sources of credit in Korea in the CDC the authority to make lending In the Plate in Coils and Sheet and 1998, in light of our prior finding that decisions. As a result, the KDB governor Strip investigations, the Department the GOK controlled and directed credit no longer makes lending decisions determined that the GOK continued to provided by domestic banks and without the approval of the CDC. The control directly and indirectly the government-owned banks during the GOK also stated that in 1997, the KDB lending practices of most sources of period 1992 through 1997. In its used the prime rate plus a spread for credit in Korea through 1997.2 The questionnaire responses, the GOK determining interest rates. Effective Department also determined that the asserted that it does not provide January 1, 1998, the KDB increased the GOK’s regulated credit from domestic direction or guidance to Korean range of the credit spread to provide commercial banks and government- financial institutions in the allocation of more flexibility in determining interest controlled banks such as the Korea loans to selected industries. The GOK rates based on creditworthiness and to Development Bank (KDB) was specific stated that the lending decisions and allow the KDB to increase its profits. to the steel industry. This credit loan distributions of financial However, respondents did not provide institutions in Korea reflect commercial any evidence to demonstrate that the 2 In the Plate in Coils and Sheet and Strip considerations. The GOK also stated KDB has discontinued the practice of investigations, the Department based its affirmative that its role in the financial sector is selectively making loans to specific direction of credit determination for the period limited to monetary and credit policies firms or activities to support GOK 1992 through 1997 on record evidence covering a time period different than that covered by the as well as bank supervision and policies. CAFC’s decision in Steel Products from Korea examination. In Plate in Coils, the Department which was Pre-1991. Moreover, in its decision, the According to the GOK, measures were noted conflicting information regarding CAFC did not reject the notion of the GOK directing taken in 1998 to liberalize the Korean the GOK’s direct or indirect influence credit specifically to the Korean steel industry but rather took issue with the evidence upon which the financial sector. For example, in January over the lending decisions of financial Department based its affirmative finding. Thus, 1998 the GOK announced closure of institutions. For example, the GOK because the Department based its affirmative some banks, and in April 1998, policies appeared to be aimed, in part, direction of credit determination for the years 1992 launched the Financial Supervisory at promoting certain sectors of the through 1997 on evidence that was not before the CAFC at the time of its decision in AK Steel, that Commission (FSC) to monitor the economy, such as high technology and case does not preclude a finding of directed credit competitiveness of financial small and medium-sized industries during this later time period. institutions. In June 1998, the (SMEs).
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While the GOK started to plan and establish whether access to regulated decreased the availability of domestic, implement reforms in the financial foreign sources of funds confer a benefit won-denominated loans. This external system during the POI as a result of the to respondents. crisis placed many Korean corporations 1997 financial crisis, the record With respect to loans provided under in jeopardy. As a result, the evidence indicates that the GOK the Energy Savings Fund, in Plate in International Monetary Fund (IMF) previously attempted reforms of the Coils, 64 FR 15330, 15533, the coordinated a $58 billion loan package financial system in order to remove or Department found that these loans were in the form of Stabilization Assistance reduce its control and influence over countervailable as directed credit on the Loans (SAL) aimed at bolstering the lending in the country. In the past ten grounds that they are policy loans Korean economy. In order to receive the years, the GOK has twice attempted to provided by banks that are subject to the SALs, the GOK had to agree to certain reform its financial system. In 1988, the same GOK influence as described above. terms. Among these terms was the GOK attempted to deregulate interest Inchon and Kangwon reported Energy financial restructuring of the corporate rates. However, the government deemed Savings Fund loans outstanding during sector, in which companies voluntarily the 1988 liberalization a failure. When the POI. Accordingly, the loans are submitted to corporate workouts. To the interest rates began to rise, the GOK countervailable as directed credit, and implement these reforms, the GOK canceled the reforms by indirectly we have included these long-term, adopted a method of debt restructuring pressuring the banks to keep interest fixed-rate loans in Inchon’s and recommended by the IMF called the rates low. In the early 1990s, the GOK Kangwon’s benefit calculations for ‘‘London Approach,’’ a corporate attempted reforms again with a four- directed credit. restructuring program first developed by stage interest rate deregulation plan. Similarly, loans provided under the the Bank of England. Under the London Again, the GOK deemed this attempt to Science and Technology Promotion Approach, the central bank establishes a reform the financial system a failure. Fund, are disbursed by the Korea set of basic principles that govern how During 1998 and 1999, the GOK has Technology Bank, a GOK owned/ banks respond when one of their threatened to cut off credit to Korean controlled bank. We preliminarily find corporate customers faces serious companies unless the companies follow that these long-term fixed rate loans are financial difficulty. The main elements GOK policies. In addition, during the provided by banks subject to GOK of this approach are as follows: First, POI, the GOK took control of five large influence and, therefore, are banks should remain supportive of commercial banks due to the financial countervailable as directed credit. those companies that are facing With respect to loans that Kangwon crisis. financial difficulties. While a bank received under the industry technology Based upon the information on the should be concerned with their level of development fund, Kangwon stated in record and our determinations in Plate exposure, it must keep a company’s its questionnaire response that these in Coils and Sheet and Strip, we facilities in place and should not loans were for a research and preliminarily determine that the GOK appoint receivers. Second, decisions development project that was tied to continued to control directly and about a company’s longer term future non-subject merchandise. Thus, for the indirectly, the lending practices of should only be made on the basis of purposes of this preliminary domestic banks and government-owned comprehensive information, which is determination, we have not included banks through the POI. shared among all the banks facing With respect to foreign sources of these loans in our subsidy calculations. exposure and other parties to the credit, in Plate in Coils and Sheet and We note that Kangwon’s questionnaire workout. Third; banks should work Strip, we determined that access to response on this matter will be subject together to reach a collective view on government regulated foreign sources of to verification. whether and on what terms a company credit in Korea did not confer a benefit Inchon, Kangwon and DSM received to the recipient as defined by long-term fixed and variable rate loans should be eligible for financial 771(5)(E)(ii) of the Act, and, as such, from GOK owned/controlled restructuring. The fourth and final factor credit received by respondents from institutions during the years 1992 specifies that the seniority of claims these sources were found not through 1998 that were outstanding should continue but be tempered by an countervailable. This determination was during the POI. In order to determine element of ‘‘shared pain,’’ (i.e., equal based upon the fact that credit from whether these GOK directed loans treatment for all creditors of a single Korean branches of foreign banks was conferred a benefit, we employed the category). Additionally, among the not subject to the government’s control same methodologies described in the tenets of the London Approach is that and direction. Thus, respondents’ loans ‘‘GOK’s Credit Policies Through 1991’’ authorities should not guarantee the from these banks served as an section of this notice. Having derived survival of businesses nor should they appropriate benchmark to establish the benefit amounts attributable to the influence what companies or industries whether access to regulated foreign POI for the companies’ fixed and be preserved. Rather, the London sources of credit conferred a benefit on variable rate loans, we then summed the Approach attempts to lay down a respondents. On the basis of this benefit amounts from the loans and framework for securing an orderly and comparison, we found that there was no divided the total benefit by each well-informed decision on whether and benefit. Petitioners have not provided company’s respective total sales. On this on what terms a company is worth any new information or evidence of basis, we preliminarily determine the supporting. changed circumstances to cause us to net countervailable subsidy to be 0.02 In order to implement the London revisit this determination. Therefore, we percent ad valorem for Inchon, 0.57 Approach, the GOK, through the FSC continue to determine that credit from percent ad valorem for Kangwon and developed three agreements especially Korean branches of foreign banks were 0.12 percent ad valorem for DSM. designed for the debt restructuring not subject to the government’s control process: The Agreement of Financial and direction. As such, lending from B. Debt Restructuring for Kangwon Institutions for Promoting Corporate this source continues to be not In late 1997, Korea experienced a Restructuring (Corporate Restructuring countervailable, and loans from Korean foreign exchange crisis that sharply Agreement), the Enforcement branches of foreign banks continue to increased the cost of foreign currency Regulations of the Corporate serve as an appropriate benchmark to loans in won terms and greatly Restructuring Agreement, and the
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Operational Guideline for Workout workout agreement, October 18, 1998, participation in debt restructuring. Agreements. A total of 205 financial was converted into new three-year loans Among the criteria listed in the institutions agreed to adhere to these with maturity dates of December 31, Operational Guidelines for the Workout agreements by December 31, 1998. 2001. Under the plan, no debt was Agreement, prospective workout Under these agreements, the FSC written off and no debt nor did any candidates had to demonstrate: that adopted principles similar to those debt-for-equity swaps occurred. their core business was viable and under the London Approach such as the Petitioners allege that the GOK stable, that credit obligations were not sharing of lost principal by creditor influenced the banks’ decision to select excessive relative to their sales and banks and the minimization of lost Kangwon for a restructuring. Petitioners profitability, that the company had the principal. further allege that the restructured loans ability to maintain the normal payment Under the corporate financial and newly issued loans that came out of of interest and business transactions on restructuring program, the workouts the workout were carried out on terms the restructured debt, that credit were divided by corporate groups. The inconsistent with comparable obligations did not greatly exceed those FSC identified the lead bank, normally commercial practices and, thus, of other workout candidates, and that the group’s largest creditor, as the bank conferred a benefit upon Kangwon. the company had a history of timely and responsible for negotiating the terms of Petitioners further allege that pursuant sound financial transactions. Thus, any corporate workout. The lead bank to section 771(5B)(iii) of the Act, the based on the fact that the criteria sent letters of introduction to companies GOK’s involvement in the debt enumerated in the Operational in the group describing the types of restructuring constitutes a financial Guidelines for the Workout Agreement companies that were targets for the contribution in which the GOK directed do not explicitly limit eligibility to a restructuring program and inviting those private banks to restructure Kangwon’s specific enterprise or industry or group, companies to submit to the restructuring debt. we find that the Type I and II loans program. Applicants were then Regarding previously disbursed long- provided under the debt restructuring reviewed by a selection committee term loans that were later refinanced program are not de jure specific within appointed by the lead banks, and were under the restructuring program (Type the meaning of section 771(5A)(D)(iii) of selected based upon the likelihood of III Loans), we preliminarily determine the Act. success. that they are specific and confer a We then examined data on the In July of 1998, the FSC selected the benefit because they only converted distribution of companies that were Kangwon Group, of which Kangwon is interest due on loans originally restructured under the program to a member, to participate in the debt provided during a period in which we determine whether the debt restructuring program. Chohung Bank is determined that the GOK directed credit restructuring program meets the criteria the largest creditor of the Kangwon specifically to the Korean Steel for de facto specificity under section Group and, thus, was selected to be the Industry. For more information, see the 771(5A)(D)(iii) of the Act. In its lead bank. Responding to Chohung’s ‘‘Direction of Credit’’ section of this questionnaire response, the GOK initial letter of introduction, Kangwon, notice. provided a chart listing the industries along with three other members of the With respect to the new Type I and II involved in debt restructuring programs. Kangwon group, petitioned for loans provided under the debt The industries that participated in the consideration as candidates for the restructuring program, we analyzed debt restructuring program ranged workout program. Accordingly, whether they were countervailable across the entire economic spectrum Chohung, along with the other creditors, within the relevant provisions of section from basic metals, textiles, construction, held a series of creditor conferences 771(5) of the Act. Specifically, the Act telecommunications, electronics, and during which they established the terms states that a subsidy shall be deemed to chemicals to the hotel and restaurant of the debt restructuring. These exist provided that its meets all three of industry. The construction industry meetings culminated in a debt the following criteria: (1) There is a received the largest percentage of debt restructuring contract between financial contribution by a government restructurings with 16 percent followed participating Kangwon Group or any public entity within the territory by the chemicals industry with 13 companies and their creditors. This of that government, (2) a benefit is percent. With respect to the basic metals contract was signed on December 22, conferred and (3) the subsidy meets the companies, they represented only 6 1998. specificity criteria under section percent of the companies selected. As a result of the debt restructuring, 771(5A) of the Act. Thus, based on the fact that a broad principal and interest payments were In order to determine whether the range of industries participated in the suspended on many of Kangwon’s previously issued short-term loans that program and the basic metals industry loans. In addition, with the exception of were converted to long-term loans (Type was not a dominant user, we policy loans, public and private bonds I Loans) and the new long-term loans preliminarily find that this program, as and foreign securities, the repayment issued under Kangwon’s debt it pertains to Type I and II loans, is not dates of all long-term loans were restructuring (Type II Loans) conferred de facto specific. Additionally, because extended. The debt restructuring also a subsidy upon Kangwon, we analyzed the Type I and Type II loans do not meet created for Kangwon three additional whether they were specific in law (de the specificity criteria under section types of long-term loans. First, many of jure specific), or in fact (de facto 771(5A) of the Act, we preliminarily Kangwon’s short-term loans (Type 1 specific), within the meaning of section determine that the loans do not confer Loans) were converted into long-term 771(5A)(D) (i) and (iii) of the Act. First, a subsidy and, thus, are not loans with maturity dates of December we examined the eligibility criteria that countervailable. We note that because 31, 2001. Second, Kangwon received governed the debt restructuring these loans are not specific, it is not new three-year loans for operating program. necessary to analyze whether these capital (Type II Loans). Third, with According to the GOK’s questionnaire loans constitute a financial contribution respect to Kangwon’s previously response, each corporate group’s lead or confer a benefit, within the meaning disbursed long-term loans (Type III bank in conjunction with an of section 771(5) of the Act. Loans), the unpaid interest that accrued independent selection committee As with the loans found prior to the applicable date of the determined the eligibility for countervailable in the ‘‘GOK’s Direction
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Having derived With respect to DKI, we used the company’s respective weighted-average the benefit amounts attributable to the methodology for calculating subsidies interest rate for short-term won- POI for Kangwon’s loans, we summed received by trading companies, which is denominated commercial loans for the the benefit amounts from the loans and also detailed in the ‘‘Subsidies POI, as described in the ‘‘Subsidies divided the total benefit by the Valuation’’ section of this notice, to Valuation Section’’ above. Using the company’s total sales. On this basis, we calculate the benefit for the DKI. We methodology for calculating subsidies preliminarily determine the net then divided the benefit by each received by trading companies, which is countervailable subsidy to be less than companies’ respective total export sales. also detailed in the ‘‘Subsidies 0.005 percent ad valorem for Kangwon. On this basis, we calculated a Valuation’’ section of this notice, we countervailable subsidy of 0.05 percent calculated a benefit for the two trading C. Reserve for Export Loss—Article 16 of ad valorem for Inchon and 0.05 percent companies. We then divided the benefit the TERCL ad valorem for DKI. by each trading companies’ respective Under Article 16 of the Tax total export sales. On this basis, we D. Reserve for Overseas Market Exemption and Reduction Control Act calculated a countervailable subsidy of Development Under TERCL Article 17 (TERCL), a domestic person engaged in less than 0.005 percent ad valorem for a foreign-currency earning business can Article 17 of the TERCL allows a Kangwon and Inchon and a subsidy of establish a reserve amounting to the domestic person engaged in a foreign 0.02 percent ad valorem for DSM. lesser of one percent of foreign exchange trade business to establish a reserve earnings or 50 percent of net income for fund equal to one percent of its foreign E. Investment Tax Credits under Article the respective tax year. Losses accruing exchange earnings from its export 25 of the TERCL Act from the cancellation of an export business for the respective tax year. Under the TERCL, companies in contract, or from the execution of a Expenses incurred in developing Korea are allowed to claim investment disadvantageous export contract, may be overseas markets may be offset by tax credits for various kinds of offset by returning an equivalent returning, from the reserve to the investments. If the tax credits cannot all amount from the reserve fund to the income account, an amount equivalent be used at the time they are claimed, the income account. Any amount that is not to the expense. Any part of the fund that company is authorized to carry them used to offset a loss must be returned to is not placed in the income account for forward for use in later tax years. In the income account and taxed over a the purpose of offsetting overseas Steel Products from Korea, we found three-year period, after a one-year grace market development expenses must be that investment tax credits were not period. All of the money in the reserve returned to the income account over a countervailable (see Steel Products from is eventually reported as income and three-year period, after a one-year grace Korea, 58 FR 37338, 37351); however, subject to corporate tax either when it period. As is the case with the Reserve there were changes in the statute is used to offset export losses or when for Export Loss, the balance of this effective in 1995, which caused us to the grace period expires and the funds reserve fund is not subject to corporate revisit the countervailable status of the are returned to taxable income. The income tax during the grace period. investment tax credits. See Plate in deferral of taxes owed amounts to an However, all of the money in the reserve Coils, 64 FR 15530, 15534, and Sheet interest-free loan in the amount of the is eventually reported as income and and Strip, 64 FR 30636, 30645. company’s tax savings. This program is subject to corporate income tax either Inchon claimed or used tax credits only available to exporters. During the when it offsets export losses or when under Article 25 in its fiscal year 1997 POI, Inchon and DKI claimed benefits the grace period expires. The deferral of income tax return which was filed under this program. taxes owed amounts to an interest-free during the POI and DSM claimed We preliminarily determine that the loan equal to the company’s tax savings. Article 25 for its 1997 fiscal year income Reserve for Export Loss program This program is only available to tax return. Under Article 25, a company constitutes an export subsidy under exporters. Hyosung and Hyundai normally calculates its authorized tax section 771(5A)(B) of the Act, because claimed benefits under this program credit based upon 3 or 5 percent of its the use of the program is contingent during the POI. investment, i.e., the company receives upon export performance. We also In Sheet and Strip, 64 FR 30636, either a 3 or 5 percent tax credit. preliminarily determine that this 30645, we determined that this program However, if a company makes the program provides a financial constituted an export subsidy under investment in domestically-produced contribution within the meaning of section 771(5A)(B) of the Act because facilities under Article 25, it receives a section 771(5)(D)(i) of the Act in the the use of the program is contingent 10 percent tax credit. Though the form of a loan. See Plate in Coils, 64 FR upon export performance. We also investment tax credit was amended to 15530, 15534, and Sheet and Strip, 64 determine that this program provided a eliminate the rate differential between FR 30636, 30645. financial contribution within the domestic and foreign-made facilities for To determine the benefit conferred by meaning of section 771(5)(D)(i) of the investments that are made after this program, we calculated the tax Act in the form of a loan. No new December 31, 1997, the differing rate savings by multiplying the balance information or evidence of changed remains in effect for investments made amount of the reserve as of December circumstances has been presented to prior to that date. Moreover, Article 25 31, 1997, by the corporate tax rate for cause us to revisit this determination. tax credits on these investments can be 1997. We treated the tax savings on Thus, we preliminarily determine that carried forward beyond the POI. these funds as a short-term interest-free this program constitutes a Under section 771(5A)(C) of the Act, loan. See 19 CFR 351.509. Accordingly, countervailable export subsidy. a program that is contingent upon the to determine the benefit, we multiplied To determine the benefit conferred by use of domestic goods over imported the amount of tax savings by Inchon’s this program during the POI, we goods is specific, within the meaning of and DKI’s respective weighted-average employed the same methodology used the Act. In Sheet and Strip, we
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69738 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices examined the use of investment tax Revaluation Act of a 25 percent change regulation itself does not expressly limit credits under Article 25. See Sheet and in the wholesale price index since the the access to this law to a specified Strip, 64 FR 30636, 30645. In that case, company’s last revaluation. In Steel group or industry, it does place we determined that investment tax Products from Korea, after verification, restrictions on the time period and credits received under Article 25 petitioners submitted additional eligibility criteria which may have constituted import substitution information which, according to them, caused de facto limitations on the actual subsidies under section 771(5A)(C) of indicated that certain steel companies usage of this tax program. For example, the Act, because Korean companies revaluation may have been significantly Article 56(2) was enacted on November received a higher tax credit for greater than that of the other companies 28, 1987, and applied only to companies investments made in domestically- that revalued. Because the information making an initial public offering from produced facilities under this Article. In submitted by petitioners was untimely, January 1, 1987 until the provision was addition, because the GOK foregoes it was rejected; however, we requested abolished effective December 31, 1990. collecting tax revenue otherwise due additional information on the subject. Pursuant to Article 56(2), companies under this program, we also determined The additional information submitted listed on the Korea Stock Exchange that a financial contribution is provided by petitioners contained data on the between January 1, 1987 and December under section 771(5)(D)(ii) of the Act. amount of assets revalued of only 45 of 31, 1988, had until December 31, 1989 As stated above, Inchon and DSM the 207 companies that revalued to revalue their assets. A company that claimed investment tax credits under pursuant to Article 56(2). It was unclear listed its stock after December 31, 1988 Articles 25. Therefore, we preliminarily from petitioners’ data which companies had to revalue its assets prior to being determine that these tax credits revalued pursuant to Article 56(2) and listed on the stock exchange. Therefore, provided Inchon with a countervailable which revalued in accordance with the based upon the eligibility criteria of the benefit. DSM was entitled to claim general provisions of the Asset program, Article 56(2) effectively investment tax credits under Article 25 Revaluation Act. Because of these limited usage of this program to only the during the POI. However, DSM did not shortcomings, and because the 316 companies that were newly listed use the tax credits to reduce its tax information was submitted too late for on the Korean Stock Exchange during liability during the POI. Instead, the verification, we were unable to draw the three years the program was in place company carried forward the tax credits conclusions with respect to the relative rather than the 15 to 24 thousand which can be used in the future. benefit derived by steel companies from manufacturers in operation in Korea Because DSM did not claim the this program. Since there was no during that period. Kangwon revalued investment tax credits on its tax return evidence of de jure or de facto in 1976 and therefore was not allowed which was filed during the POI, we selectivity concerning the timing of to revalue under Article 56(2). preliminarily determine that DSM did these steel companies’ revaluation or According to section 771(5A)(D)(iii) of not use this program during the POI. the method of revaluation under the the Act, a subsidy is de facto specific if To calculate the benefit to Inchon Asset Revaluation Act, the Department one of the following factors exist: (1) from this tax credit program, we determined this program to be not The actual recipients of the subsidy, determined the value of the tax credits countervailable. See Steel Products from whether considered on an enterprise or Inchon deducted from its taxes payable Korea, 58 FR 37338, 37351. industry basis, are limited in number; for the 1997 fiscal year. In Inchon’s 1997 The Department is currently (2) An enterprise or industry is a income tax return filed during the POI, reviewing Asset Revaluation under predominant user of the subsidy; (3) An it deducted from its taxes payable, Article 56(2) in the Cut-to-Length Plate enterprise or industry receives a credits earned prior to and during 1997, case. Based upon information provided disproportionately large amount of the which were carried forward and used in in that case, and subsequent findings, subsidy; or (4) The manner in which the the POI. We first determined those tax there is information to substantiate the authority providing the subsidy has credits which were claimed based upon allegation that Inchon and DSM exercised discretion in the decision to the investment in domestically- received a benefit under this program grant the subsidy indicates that an produced facilities. We then calculated because their massive asset revaluations enterprise or industry is favored over the additional amount of tax credits permitted the companies to others. received by the company because it substantially increase their depreciation Information on the record of the earned tax credits of 10 percent on and, thereby, reduce their income taxes current investigation indicates that investments in domestically-produced payable. In the Cut-to-Length Plate, during the period 1987–1990, there facilities rather the regular 3 or 5 petitioners provided a chart listing 197 were between 14,988 and 24,073 percent tax credit. Next, we calculated eligible companies for revaluation of manufacturing companies operating in the amount of the tax savings received their assets pursuant to this program. Korea. As a requirement for through the use of these tax credits The chart illustrates that 14 companies participation in this program, during the POI, and divided that in the basic metals industry that used companies had to make an initial public amount by Inchon’s total sales for the this program accounted for 67 percent of offering between January 1, 1987 and POI. On this basis, we preliminarily the total amount of asset revaluations December 31, 1990. DSM listed its determine a net countervailable subsidy under Article 56(2). Based on this new initial public offering in May 1988 and of 0.07 percent ad valorem for Inchon. information, the Department initiated a revalued its assets under Article 56(2) in reexamination of the countervailability July 1988. Inchon listed its initial public F. Asset Revaluation Pursuant to TERCL of this program and solicited offering in May 1987 and revalued its Article 56(2) information regarding the usage of this assets under Article 56(2) in April 1989. This provision under Article 56(2) of program. According to the GOK’s July 1, 1999 the Tax Exemption and Reduction Because the enabling legislation does questionnaire response, 77 companies Control Act (TERCL) allowed companies not expressly limit access to the subsidy revalued their assets in 1989. The basic making an initial public offering to an enterprise or industry, or group metal sector accounted for 83 percent of between January 1, 1987, and December thereof, the program is not de jure the total revaluation surplus amount 31, 1990, to revalue their assets without specific within the meaning of section (book value less revalued amount). The meeting the requirement in the Asset 771(5A)(D)(i) of the Act. Although the record evidence indicates that the basic
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As a result of the increase in the introduced the discount in 1990, to total sales for the POI. On this basis, we value of depreciable assets resulting address emergencies in KEPCO’s ability preliminarily determine a net from the asset revaluation, the to supply electricity. Under this countervailable subsidy of 0.01 percent companies lowered their tax liability. program, customers with a contract ad valorem for Kangwon and less than Therefore, we also preliminarily demand of at least 5,000 kilowatts (kW), 0.005 percent ad valorem for DSM determine that the program provides a that are able to curtail their maximum under the RLA discount program. financial contribution within the demand by 20 percent or that are able meaning of section 771(5)(D)(ii) of the to suppress their maximum demand by H. Scrap Reserve Fund Act, by allowing companies to reduce at least 3,000 kW, are eligible to enter The Scrap Reserve Fund is their income tax liability, the GOK has into a RLA contract with KEPCO. administered by the Supply foregone revenue that is otherwise due. Customers who choose to participate in Administration (SA), a GOK agency that The benefit from this program is not this program must reduce their purchases certain industries’ inputs to the amount of the revaluation surplus, electricity consumption upon KEPCO’s production and then makes the inputs but rather the impact of the difference request, or pay a surcharge to KEPCO. available to producers on credit. During that the revaluation of depreciable Customers can apply for this program the POI, the SA purchased and made assets has on a company’s tax liability between May 1 and May 15 of each year. available on credit such commodities as each year. However, respondents did If KEPCO approves the application, scrap metal, non-ferrous and scarce not provide this information, and stated KEPCO and the customer enter into a metals (aluminum, ferrosilicon, etc.), that the depreciation expense resulting contract with respect to the RLA forest products (pulp, rubber, etc.), and from the asset revaluation would discount. The RLA discount is provided environmental materials (chip board, involve a detailed, item-by-item based upon a contract for two months, steel billet, etc.). In order to reduce the comparison of thousands of items, and normally July and August. Under this burden on Kangwon and DSM of that it would be difficult for them to program, a basic discount of 440 won holding large inventories during the distinguish between the remaining per kW is granted between July 1 and POI, the SA purchased steel scrap on benefit from revaluation under Article August 31, regardless of whether behalf of the companies and then KEPCO makes a request for a customer 56(2), and revaluation pursuant to provided them with a five-month to reduce its load. During the POI, normal procedures of the Asset repayment option in the form of a loan. Revaluation Act. Therefore, we have KEPCO granted 33 companies RLA Because the Scrap Reserve Fund is calculated the benefit from this program discounts even though KEPCO did not available only for a relatively limited by determining the surplus amount of need to request that these companies number of materials, and the use of steel the revaluation of assets authorized reduce their respective loads. The GOK scrap is largely limited to the steel under the program for each company reports that because KEPCO increased subtracting out land, as land is not a its capacity to supply electricity in industry, we preliminarily determine depreciable asset, and divided the total 1997, it reduced the number of that this program is specific under revaluation surplus by 15, the AUL we companies with which it maintained section 771(5A) of the Act. are using in this investigation. We then RLA contracts in 1997 and 1998. In Next, in order to determine whether multiplied the amount of the 1996, KEPCO entered into RLA the loans constituted a financial revaluation surplus attributable to the contracts with 232 companies, which contribution and conferred a benefit POI by the tax rate applicable to the tax was reduced to 44 companies in 1997 within the statutory provisions, we return filed in the POI, and divided the and 33 in 1998. employed the same short-term loan benefit for each company by their In Sheet and Strip, 64 FR 30636, methodology used for determining the respective total sales during the POI. On 30646, we found the RLA program benefit from the Reserve for Export Loss this basis, we preliminarily determine a countervailable because the discounts program under Article 16 of the TERCL. net countervailable subsidy of 0.21 provided under this program were We used as our benchmark interest rate, percent ad valorem for Inchon and 0.08 distributed to a limited number of users. each company’s respective weighted- percent ad valorem for DSM. No new information or evidence of average interest rate for short-term won- changed circumstances have been denominated commercial loans for the G. Electricity Discounts Under the provided to the Department to warrant POI, as described in the ‘‘Subsidies Requested Load Adjustment Program a reconsideration of that determination. Valuation Section’’ above. Having Petitioners alleged that Korean steel Therefore, we continue to find the RLA derived the benefit amounts attributable producers are being charged utility rates program countervailable. to the POI for Kangwon’s Scrap Reserve at less than adequate remuneration and, Because the electricity discounts are Fund loans, we then summed the hence, the production of the subject not ‘‘exceptional’’ benefits and are benefit amounts from the loans and merchandise is receiving received automatically on a regular and divided the total benefit by Kangwon’s countervailable benefits from this predictable basis without further total sales. For DSM we followed the subsidy. Petitioners further alleged that government approval, we preliminarily same calculation methodology except producers of subject merchandise are determine that these discounts provide we reduced total sales by the amount of receiving these countervailable benefits a recurring benefit to Kangwon. See 19 plate sales. We followed this in the form of utility rate discounts. CFR 351.524(a). Therefore, we have methodology because scrap is not an The GOK reports that during the POI, expensed the benefit from this program input in DSM’s plate production. On the government-owned Korea Electric in the year of receipt. See Sheet and this basis, we preliminarily determine Power Company (KEPCO) provided Strip, 30636 at 30646. To measure the the net countervailable subsidy to be
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0.03 percent ad valorem for Kangwon On this basis, we preliminarily K. R&D Grants under The Korea New and 0.01 percent ad valorem for DSM. determine the net countervailable Iron & Steel Technology Research Association (KNISTRA) I. Export Industry Facility Loans subsidy to be 0.10 percent ad valorem for Kangwon. In Steel Products from Korea, 58 FR The Korea New Iron & Steel 37338, 37328, the Department J. Special Cases of Tax for Balanced Technology Research Association determined that export industry facility Development Among Areas (TERCL (KNISTRA) is an association of steel loans (EIFLs) are contingent upon Article 43) companies established for the export, and are therefore subsidies to development of new iron and steel the extent that they are provided at TERCL Article 43 allows a company technology. KNISTRA is a member preferential rates. The decision in Steel to claim a tax reduction or exemption based R&D agency that supports R&D Products from Korea was later for income gained from the disposition projects through private and public reaffirmed in Sheet and Strip, 64 FR of factory facilities when relocating from contributions. KNISTRA acts as a 30636, 30644. In this investigation, the a large city to a rural area. On December coordinating organization for R&D. GOK did not provide any new factual 29, 1995, DSM sold land from its Pusan While individual companies provide a information that would lead us to factory and, within three years from the portion of the funding, the GOK also change our treatment of this program. sales date, began production at its contributes funds to these projects. If the research is deemed successful, Therefore, for the purposes of this Pohang plant. In accordance with 50 percent of the GOK’s contribution preliminary determination, we continue Article 16, paragraph 7 of the Addenda to find that EIFLs are provided on the will be repaid in proportionate amounts to the TERCL, DSM was entitled to from each individual participating basis of export performance and are receive an exemption on its income tax export subsidies under section company. Inchon, Kangwon and DSM for the capital gain. No other respondent are all members of KNISTRA and 771(5A)(B) of the Act. We also company used this program. determine that the provision of loans participated in an R&D project during under this program results in a financial Payment for the Pusan facilities is on the POI. The current project can be contribution within the meaning of a longer-term installment basis, the connected with the production of section 771(5)(D)(i) of the Act because income tax on the capital gain is subject merchandise. This project began the loan was disbursed by the KDB, an payable when DSM actually receives in 1995, and continued in 1996 and institution that, according to payment or transfers the title of 1998 (POI). information submitted on the record of ownership. The capital gain in the tax The Department preliminarily this proceeding, had a policy of year can not exceed DSM’s total taxable determines that through KNISTRA the directing loans specifically to the income. The maximum tax savings Korean steel industry receives funding Korean steel industry. For more permitted is 100 percent of the taxable specific to the steel industry. Therefore, information, see the ‘‘Direction of income; however, this program is also given the nature of the agency, the Credit’’ section of this notice. In subject to the minimum tax. This Department finds projects under accordance with section 771(5)(E)(ii) of program does not allow carrying KNISTRA to be specific. Since most companies normally fund R&D the Act, a benefit has been conferred on forward of unused benefits in future programs to enhance their own the recipient to the extent that the EIFLs years. are provided at interest rates less than technology, we determine that GOK the benchmark rates described under We preliminarily determine that the funding to KNISTRA relieves companies the ‘‘Subsidies Valuation’’ section of TERCL Article 43, for Special Cases of of this obligation. Therefore, GOK’s this notice. We note that this program is Tax for Balanced Development Among grants are a financial contribution under also countervailable due to the GOK’s Areas, is regionally specific. This section 771(5)(D)(i) of the Act which direction of credit; however, we have program is specific within the meaning provide a benefit to the recipient in the separated this program from direction of of 771(5)(D)(iv) of the Act, because the amount of the grant. Therefore, we credit because it is an export subsidy, program is limited to an enterprise or determine that the KNISTRA grants and therefore requires a different benefit industry located within a designated constitute countervailable subsidies calculation. Kangwon was the only geographical region. We also within the meaning of section 771(5) of respondent with an outstanding loan preliminarily determine that this the Act. under this program during the POI. program provides a financial Under 19 CFR 351.524, non-recurring To calculate the benefit conferred by contribution within the meaning of benefits are allocated over time, while this program, we compared the actual section 771(5)(D)(ii), because the GOK recurring benefits are expensed in the interest paid on the loan-term fixed foregoes revenue that is otherwise due year of receipt. In addition, non- interest rate loan with the amount of by granting this tax credit. recurring benefits which are less than interest that would have been paid at 0.5 percent of a company’s relevant the applicable dollar-denominated long- To calculate the benefit from this tax sales are also expensed in the year of term benchmark interest rate. However, credit program, we examined the receipt. The grants received by because the terms, grace periods, and amount of the tax credit DSM deducted respondents did not exceed 0.5 percent repayment schedule of Kangwon’s long- from its taxes payable for the 1997 fiscal of each companies sales. Therefore, term fixed rate EIFL loan differed from year. In DSM’s 1997 income tax return regardless of whether this program those of the long-term fixed rate filed during the POI, it deducted from provides recurring or non-recurring benchmark, we applied the its taxes payable, credits earned in 1997. benefits, the benefits are expensed in methodology provided for in 19 CFR Next, we calculated the amount of the the year of receipt. Therefore, we 351.505(c)(3). We note that this tax savings earned and divided that summed the grants received by each methodology is described in detail in amount by DSM’s total sales during POI. company under this program and the ‘‘The GOK’s Credit Policies through Using this methodology, we divided the amount by each companies’ 1991’’ section of this notice. We then preliminarily determined a respective total sales. On this basis, we divided the benefit derived from the countervailable subsidy of 0.59 percent preliminarily determined a loan by Kangwon’s total export sales. ad valorem for DSM. countervailable subsidy rate of less than
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0.005 percent ad valorem for Inchon, Summary arguments to be raised at the hearing. In Kangwon, and DSM. In accordance with section addition, six copies of the business proprietary version and six copies of the II. Programs Preliminarily Determined 703(d)(1)(A)(i) of the Act, we calculated nonproprietary version of the case briefs To Be Not Used individual subsidy rates for Inchon, Kangwon, and DSM, the manufacturers must be submitted to the Assistant Based on the information provided in of the subject merchandise. We Secretary no later than 50 days from the the questionnaire response, we preliminarily determine that the total date of publication of the preliminary preliminarily determine that the estimated net countervailable subsidy determination. As part of the case brief, companies under investigation either rates are 0.35 ad valorem for Inchon, parties are encouraged to provide a did not apply for, or receive benefits 0.80 percent ad valorem for Kangwon, summary of the arguments not to exceed under the following programs during and 0.93 percent ad valorem for DSM, five pages and a table of statutes, the POI: which are de minimis. Therefore, we regulations, and cases cited. Six copies A. Private Capital Inducement Act preliminarily determine that no of the business proprietary version and B. Tax Credit in Equipment to Develop countervailable subsidies are being six copies of the non-proprietary version Technology and Manpower Under provided to the production or of the rebuttal briefs must be submitted Article 10 of the TERCL Act exportation of structural steel beams in to the Assistant Secretary no later than C. Tax Credits for Vocational Training Korea. 5 days from the date of filing of the case Under Article 18 of the TERCL briefs. An interested party may make an D. Exemptions of Corporate Tax on ITC Notification affirmative presentation only on Dividend Income from Overseas In accordance with section 703(f) of arguments included in that party’s case Resources Development Resources the Act, we will notify the ITC of our or rebuttal briefs. Written arguments Act Under Article 24 of the TERCL determination. In addition, we are should be submitted in accordance with E. Tax Credits for Investments in making available to the ITC all 19 CFR 351.309 and will be considered Specific Facilities Under Article 26 of nonprivileged and nonproprietary if received within the time limits the TERCL information relating to this specified above. This determination is published F. Tax Credits for Temporary investigation. We will allow the ITC pursuant to sections 703(f) and 777(i) of Investments Under Article 27 of the access to all privileged and business the Act. TERCL proprietary information in our files, G. Social Indirect Capital Investment provided the ITC confirms that it will Dated: December 6, 1999. Reserve Funds Under Article 28 of the not disclose such information, either Richard W. Moreland, TERCL publicly or under an administrative Acting Assistant Secretary for Import H. Energy-Savings Facilities Investment protective order, without the written Administration. Reserve Funds Under Article 29 of the consent of the Assistant Secretary for [FR Doc. 99–32398 Filed 12–13–99; 8:45 am] TERCL Import Administration. BILLING CODE 3510±DS±P I. Tax Credits for Specific Investments If our final determination is Under Article 71 of the TERCL affirmative, the ITC will make its final J. Mining Investment Reserve Funds determination within 75 days after the DEPARTMENT OF COMMERCE Under Article 95 of the TERCL Department makes its final National Oceanic and Atmospheric K. Grants Under the Technology determination. Administration Development Promotion Act Public Comment L. Highly Advanced National Project [I.D. 120899C] In accordance with 19 CFR 351.310, Fund Industry Technology we will hold a public hearing, if Development Fund Submission for OMB Review; requested, to afford interested parties an Comment Request. M. Short-Term Export Financing opportunity to comment on this N. Korean Export-Import Bank Loans preliminary determination. The hearing The Department of Commerce (DOC) O. Tax Incentives for Highly Advanced is tentatively scheduled to be held 57 has submitted to the Office of Technology Businesses days from the date of publication of the Management and Budget (OMB) for P. Special Depreciation of Assets Based preliminary determination at the U.S. clearance the following proposal for on Foreign Exchange Earnings Department of Commerce, 14th Street collection of information under the Q. Steel Campaign for the 21st Century and Constitution Avenue, NW, provisions of the Paperwork Reduction R. Excessive Duty Drawback Washington, DC 20230. Individuals who Act (44 U.S.C. chapter 35). S. Reserve for Investment wish to request a hearing must submit Agency: National Oceanic and T. Export Insurance Rates By The a written request within 30 days of the Atmospheric Administration. Korean Export Insurance Corporation publication of this notice in the Federal Title: The GLOBE Program. U. Special Cases of Tax for Balanced Register to the Assistant Secretary for Agency Form Number(s): None. Development among Areas (TERCL Import Administration, U.S. Department OMB Approval Number: 0648–0310. Articles 41, 42, 44, and 45) of Commerce, Room 1870, 14th Street Type of Request: Revision of a V. Reserve for Investment and Constitution Avenue, NW, currently approved collection. W. Overseas Resource Development Washington, DC 20230. Parties should Burden Hours: 770 hours. Loan confirm by telephone the time, date, and Number of Respondents: 1,062. place of the hearing 48 hours before the Average Hours Per Response: 20 to 80 Verification scheduled time. minutes depending on survey/ In accordance with section Requests for a public hearing should assessment. 782(d)(1)(A)(i) of the Act, we will verify contain: (1) The party’s name, address, Needs and Uses: The GLOBE (Global the information submitted by and telephone number; (2) the number Learing and Observation to Benefit the respondents prior to making our final of participants; and, (3) to the extent Environment) Program is an determination. practicable, an identification of the international environmental science and
VerDate 29-OCT-99 19:26 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm01 PsN: 14DEN1 69742 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices education program that brings together of the Coastal Zone Management Act. for Ocean Services, National Oceanic students, teachers, and scientists from The appeal is taken from an objection by and Atmospheric Administration, U.S. around the world to study the global the Puerto Rico Planning Board (PRPB) Department of Commerce, 1305 East- environment. The students collect to the Appellant’s consistency West Highway, Room 6111, Silver environment (atmospheric, certification for an Army Corps of Spring, MD 20910, 301–713–2967. hydrological, biological and geological) Engineers permit to reconstruct a stilt ′ ′ (Federal Domestic Assistance Catalog No. measurements in their communities, house of 47 by 42 . The proposed 11.419 Coastal Zone Management Program with the guidance of trained teachers, project is located within the maritime- Assistance.) and reporting their findings to Federal terrestrial zone, territorial waters and Dated: November 16, 1999. scientists over the Internet. submerged lands. Craig O’Connor, This provides GLOBE Program The CZMA provides that a timely General Counsel. managers and staff vital information objection by a state precludes any [FR Doc. 99–32250 Filed 12–13–99; 8:45 am] needed to enhance the quality of the federal agency from issuing licenses or program and guide its program permits for the activity unless the BILLING CODE 3510±08±M improvements. The information will Secretary finds that the activity is either also ensure that the GLOBE Program ‘‘consistent with the objectives’’ of the DEPARTMENT OF COMMERCE continues to be implemented to carry CZMA (Ground I) or ‘‘necessary in the out its mission and enable evaluation of interest of national security’’ (Ground National Oceanic and Atmospheric the program in many areas. II). Section 307(c)(3)(A). To make such Administration Affected Public: Individuals or a determination, the Secretary must find households. that the proposed project satisfies the [I.D. 120199B] Frequency: Semi-annually. requirements of 15 C.F.R. 930.121 or Atlantic Highly Migratory Species Respondent’s Obligation: Voluntary. 930.122. OMB Desk Officer: David Rostker, (HMS) Fishery Management Plan; The Appellant requests that the Errata Sheet (202) 395–3897. Secretary override the State’s Copies of the above information consistency objections based on Ground AGENCY: National Marine Fisheries collection proposal can be obtained by I. To make the determination that the Service (NMFS), National Oceanic and calling or writing Linda Engelmeier, proposed activity is ‘‘consistent with the Atmospheric Administration (NOAA), DOC Forms Clearance Officer, (202) objectives’’ of the CZMA, the Secretary Commerce. 482–3272, Department of Commerce, must find that: (1) the proposed activity ACTION: Notice of availability. room 5027, 14th and Constitution furthers one or more of the national Avenue, NW, Washington, DC 20230 (or objectives or purposes contained in SUMMARY: NMFS announces the via the Internet at [email protected]). Sections 302 or 303 of the CZMA, (2) availability of an errata sheet for the Written comments and the adverse effects of the proposed Fishery Management Plan for Atlantic recommendations for the proposed activity do not outweigh its contribution Tunas, Swordfish, and Sharks (HMS information collection should be sent to the national interest, (3) the proposed FMP) published in April, 1999. within 30 days of publication of this activity will not violate the Clean Air ADDRESSES: Copies of the HMS FMP, the notice to David Rostker, OMB Desk Act or the Federal Water Pollution errata sheet, the final rule, and Officer, Room 10202, New Executive Control Act, and (4) no reasonable supporting documents can be obtained Office Building, 724 17th Street, NW, alternative is available that would from Rebecca Lent, Chief, Highly Washington, DC 20503. permit the activity to be conducted in a Migratory Species Management Dated: December 6, 1999. manner consistent with the State’s Division, Office of Sustainable Linda Engelmeier, coastal management program. 15 C.F.R. Fisheries, NMFS, 1315 East-West Departmental Forms Clearance Officer, Office 930.121. Highway, Silver Spring, MD 20910. of the Chief Information Officer. Public comments are invited on the FOR FURTHER INFORMATION CONTACT: [FR Doc. 99–32319 Filed 12–13–99; 8:45 am] findings that the Secretary must make as Karyl Brewster-Geisz, (301) 713–2347. BILLING CODE 3510±22±F set forth in the regulations at 15 C.F.R. SUPPLEMENTARY INFORMATION: In a 930.121. Comments are due within 30 September 1997 Report to Congress, days of the publication of this notice NMFS identified north Atlantic DEPARTMENT OF COMMERCE and should be sent to Ms. Molly Holt, swordfish, west Atlantic Bluefin tuna, Attorney-Adviser, Office of the and large coastal sharks as overfished. National Oceanic and Atmospheric Assistant General Counsel for Ocean The HMS FMP, including a final Administration Services, National Oceanic and environmental impact statement, was Atmospheric Administration, U.S. published in April, 1999, to comply Coastal Zone Management: Federal Department of Commerce, 1305 East- with provisions of the Magnuson- Consistency Appeal by Ricardo West Highway, Room 6111, Silver Stevens Fishery Conservation and Ramirez From an Objection by the Spring, MD 20910. Copies of comments Management Act for fisheries identified Puerto Rico Planning Board will also be forwarded to the Appellant as overfished, and the final rule AGENCY: National Oceanic and and the State. implementing actions included in the Atmospheric Administration, All nonconfidential documents HMS FMP and Amendment 1 to the Commerce. submitted in this appeal are available Atlantic Billfish Fishery Management for public inspection during business ACTION: Notice of appeal and request for Plan was published on May 28, 1999 (64 hours at the offices of the State and the comments. FR 29090). Since the publication of the Office of the Assistant General Counsel HMS FMP, a number of typographical By letter dated April 6, 1999, Mr. for Ocean Services. mistakes and other errors have been Ricardo Ramirez (Appellant) filed with FOR ADDITIONAL INFORMATION CONTACT: noted throughout its three volumes. The the Secretary of Commerce a notice of Ms. Molly Holt, Attorney-Adviser, errata sheet corrects those errors that appeal pursuant to section 307(c)(3)(A) Office of the Assistant General Counsel were noted as of November 19, 1999.
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Dated: December 9, 1999. Categories with the Harmonized Tariff A visa must accompany each commercial Gary C. Matlock, Schedule of the United States (see shipment of the aforementioned textile products. A circular stamped marking in blue Director, Office of Sustainable Fisheries, Federal Register notice 63 FR 71096, ink will appear on the front of the original National Marine Fisheries Service. published on December 23, 1998). commercial invoice or successor document. [FR Doc. 99–32322 Filed 12–13–99; 8:45 am] Information regarding the 2000 The original visa shall not be stamped on BILLING CODE 3510±22±F CORRELATION will be published in the duplicate copies of the invoice. The original Federal Register at a later date. invoice with the original visa stamp will be Interested persons are advised to take required to enter the shipment into the COMMITTEE FOR THE all necessary steps to ensure that textile United States. Duplicates of the invoice and/ products that are entered into the or visa may not be used for this purpose. IMPLEMENTATION OF TEXTILE Each visa stamp shall include the AGREEMENTS United States for consumption, or following information: withdrawn from warehouse for 1. The visa number. The visa number shall Amendment of the Export Visa consumption, will meet the visa and be in the standard nine digit letter format, Arrangement to Include the New certification requirements set forth in beginning with one numeric digit for the last Certification Stamp for Outward the letter published below to the digit of the year of export, followed by the Processed Goods for Certain Wool Commissioner of Customs. two character alpha code specified by the Textile Products Produced or The visa stamp has not been changed; International Organization for Manufactured in the Former Yugoslav Standardization (ISO) (the code for the a facsimile of the new certification Former Yugoslav Republic of Macedonia is Republic of Macedonia stamp for the Outward Processing ‘‘MK’’). these two codes shall be followed by Program is on file at the U.S. the number‘‘1’’ and a five digit serial number December 9, 1999. Department of Commerce, 14th and identifying the shipment, (e.g., 0MK112345). AGENCY: Committee for the Constitution Avenue, NW, room 3104, 2. The date of issuance. The date of Implementation of Textile Agreements Washington, DC. issuance shall be the day, month and year on (CITA). which the visa was issued. Troy H. Cribb, ACTION: Issuing a directive to the 3. The original signature and the printed Chairman, Committee for the Implementation Commissioner of Customs amending the name of the issuing official authorized by the of Textile Agreements. Government of the Former Yugoslav export visa and certification Republic of Macedonia. requirements. Committee for the Implementation of Textile Agreements 4. The correct category(s), merged category(s), part category(s), quantity(s) and EFFECTIVE DATE: January 1, 2000. December 9, 1999. unit(s) of quantity of the shipment in the FOR FURTHER INFORMATION CONTACT: Commissioner of Customs, unit(s) of quantity provided for in the U.S. Naomi Freeman, International Trade Department of the Treasury, Washington, DC Department of Commerce Correlation and in Specialist, Office of Textiles and 20229. the Harmonized Tariff Schedule of the Apparel, U.S. Department of Commerce, Dear Commissioner: Pursuant to section United States. Annotated or successor (202) 482–4212. 204 of the Agricultural Act of 1956, as documents shall be reported in the spaces amended (7 U.S.C. 1854); Executive Order provided within the visa stamp (e.g., ‘‘Cat. SUPPLEMENTARY INFORMATION: 11651 of March 3, 1972, as amended; and the 340—510 DOZ’’). Authority: Section 204 of the Agricultural Bilateral Textile Agreement of November 7, Quantities must be stated in whole Act of 1956, as amended (7 U.S.C. 1854); 1997, this directive amends, but does not numbers. Decimals or fractions will not be Executive Order 11651 of March 3, 1972, as cancel, the directive dated April 2, 1998 (63 accepted. Visaed quantities are rounded to amended. FR 17156, published on April 8, 1998) which the closest whole number if the quantity exported exceeds one whole unit, but is less On September 17, 1999, the established the Export Visa Arrangement between the Governments of the United than the next whole unit. Half units are Governments of the United States and States and the Former Yugoslav Republic of rounded up. If the quantity visaed is less the Former Yugoslav Republic of Macedonia. than one unit, the shipment is rounded upwards to one unit. Merged category quota Macedonia agreed to amend the Export Visa Requirements Visa Arrangement for certain wool merchandise may be accompanied by either Pursuant to the Visa Arrangement signed the appropriate merged category visa or the textile products exported under the on September 17, 1999, effective on January Outward Processing Program in correct category visa corresponding to the 1, 2000, you are directed to prohibit entry actual shipment. For example, quota Categories 433, 434, 435, 443 and 448 into the Customs territory of the United Category 347/348 may be visaed as ‘‘Category (see related notice concerning States (i.e., the 50 states, the District of 347/348’’ or if the shipment consists solely implementation of the Outward Columbia and the Commonwealth of Puerto of Category 347 merchandise, the shipment Processing Program published Rico) for consumption and withdrawal from may be visaed as ‘‘Category 347’’ but not as elsewhere in this issue of the Federal warehouse for consumption of wool textile ‘‘Category 348.’’ If, however, a merged quota Register), produced or manufactured in products in Categories 433, 434, 435, 443 and category such as 340/640 has a quota the Former Yugoslav Republic of 448, produced or manufactured in the sublimit on Category 340, then there must be Former Yugoslav Republic of Macedonia and Macedonia and exported from the ‘‘Category 340’’ visa for the shipment if it exported from the Former Yugoslav Republic includes Category 340 merchandise. Former Yugoslav Republic of of Macedonia on and after January 1, 2000 for U.S. Customs shall not permit entry if the Macedonia on and after January 1, 2000. which the Government of the Former shipment does not have a visa, or if the visa All products exported on and after Yugoslav Republic of Macedonia has not number, date of issuance, signature, category, January 1, 2000 must be accompanied issued an appropriate export visa described quantity or units of quantity are missing, by an appropriate export visa or below unless they are subject to the Outward incorrect, illegible, or have been crossed out certification. This directive amends, but Processing Program described below. Should or altered in any way. If the quantity does not cancel the directive published additional categories, merged categories or indicated on the visa is less than that of the in the Federal Register on April 8, 1998 part categories become subject to import shipment, entry shall not be permitted. If the quota, the merged or part category(s) quantity indicated on the visa is more than (see 63 FR 17156). automatically shall be included in the that of the shipment, entry shall be permitted A description of the textile and coverage of this visa arrangement. and only the amount entered shall be charged apparel categories in terms of HTS Merchandise in the category(s) exported on to any applicable quota. numbers is available in the or after the date the category(s) becomes The complete name and address of a CORRELATION: Textile and Apparel subject to import quotas shall require a visa. company(s) actually involved in the
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69744 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices manufacturing process of the textile product Standardization (ISO)(the code for the these actions fall within the foreign affairs covered by the visa shall be provided on the Former Yugoslav Republic of Macedonia is exception to the rulemaking provisions of 5 textile visa document. ‘‘MK’’). These two codes shall be followed by U.S.C. 553(a)(1). If the visa is not acceptable then a new the number ‘‘2’’ and a five-digit serial Sincerely, correct visa or a visa waiver must be number identifying the shipment, (e.g., Troy H. Cribb, presented to the U.S. Customs Service before 0MK212345). Chairman, Committee for the Implementation any portion of the shipment will be released. 2. The date of issuance. The date of of Textile Agreements. A visa waiver may be issued by the U.S. issuance shall be the day, month and year on Department of Commerce at the request of which the certification was issued. [FR Doc. 99–32424 Filed 12–13–99; 8:45 am] the Embassy of the Former Yugoslav 3. The original signature of the issuing BILLING CODE 3510±DR±F Republic of Macedonia in Washington, DC. official. The waiver, if used, only waives the 4. The correct category(s), merged requirement to present a visa with the category(s), part category(s), quantity(s) and COMMITTEE FOR THE shipment at entry. It does not waive the unit(s) of quantity in the shipment as set IMPLEMENTATION OF TEXTILE quota requirements. Visa waivers will only forth in the U.S. Department of Commerce AGREEMENTS be issued for classification purposes or for Correlation and the Harmonized Tariff one-time special purpose shipments that are Schedule of the United States Annotated Establishment of a New Export Visa not part of an ongoing commercial enterprise. (HTSUSA), as amended. Arrangement and New Certification If the visaed invoice is deficient, the U.S. U.S. Customs shall not permit entry as Stamp for Outward Processed Goods Customs Service will not return the original qualifying goods if the shipment does not document after entry, but will provide a have a valid certification including for Certain Cotton, Wool, Man-Made certified copy of that visaed invoice for use certification number, date of issuance, Fiber, Silk Blend and Other Vegetable in obtaining a new correct original visaed signature, category, quantity or units of Fiber Textiles and Textile Products invoice, or a visa waiver. quantity are missing, incorrect or illegible, or Produced or Manufactured in Romania If import quotas are in force, U.S. Customs have been crossed out or altered in any way. Service shall charge only the actual quantity If the quantity indicated on the certification December 9, 1999. in the shipment to the correct category limit. is less than that of the shipment, entry shall AGENCY: Committee for the If a shipment from the Former Yugoslav not be permitted. If the quantity indicated on Implementation of Textile Agreements Republic of Macedonia has been allowed the certification is more than that of the (CITA). entry into the commerce of the United States shipment, entry shall be permitted. The ACTION: Issuing a directive to the with either an incorrect visa or no visa, and categories and quantities shall be those redelivery is requested but cannot be made, determined by the U.S. Customs Service. Commissioner of Customs establishing the shipment will be charged to the correct If the certification is not acceptable, then new export visa and certification category limit whether or not a replacement a new certification must be obtained and requirements. visa or waiver is provided. presented to the U.S. Customs Service before EFFECTIVE DATE: January 1, 2000. Certification Requirements for Outward any portion of the shipment will be released. Processing Program Any shipment which is not accompanied FOR FURTHER INFORMATION CONTACT: by a valid and correct certification in Each shipment of wool apparel products in Naomi Freeman, International Trade accordance with the foregoing provisions Categories 433, 434, 435, 442, 443, 444, 447 Specialist, Office of Textiles and shall be denied entry by the Government of and 448 which has been either assembled in Apparel, U.S. Department of Commerce, the United States as qualifying goods unless the Former Yugoslav Republic of Macedonia (202) 482–4212. the Government of the Former Yugoslav from components cut in the United States Republic of Macedonia authorizes, by the SUPPLEMENTARY INFORMATION: from U.S. formed fabric or cut and assembled issuance of a visa, the entry and any changes in the Former Yugoslav Republic of Authority: Section 204 of the Agricultural to the appropriate agreement levels. If U.S. Macedonia from U.S. formed fabric and is Act of 1956, as amended (7 U.S.C. 1854); Customs determines that the certification is eligible for the Outward Processing Program, Executive Order 11651 of March 3, 1972, as invalid because of an error, and the shall be so certified by the Government of the amended. remaining documentation fulfills Former Yugoslav Republic of Macedonia in requirement for entry under the Outward On October 10, 1999, the order to qualify under this program. This Processing Program, then a new certification Governments of the United States and certification shall be presented to the U.S. from the Government of the Former Yugoslav Romania agreed to establish a new Customs Service before qualifying goods may Republic of Macedonia must be obtained or enter or be withdrawn from warehouse for Export Visa Arrangement for certain a visa waiver issued by the U.S. Department consumption, into the customs territory of cotton, wool, man-made fiber, silk blend of Commerce at the request of the Embassy the United States (the 50 states, the District and other vegetable fiber textiles and of the Former Yugoslav Republic of of Columbia and Puerto Rico). textile products in Categories 200–239, Macedonia in Washington, DC must be A certification must accompany each 300–369, 400–469, 600–670 and 800– obtained and presented to the U.S. Customs commercial shipment of qualifying goods. A Service before any portion of the shipment 899, and for products exported under square stamped marking in blue ink will will be released. the Outward Processing Program (see appear on the front of the original General Provisions related notice concerning commercial invoice. The original implementation of the Outward certification shall not be stamped on The date of export is the actual date the duplicate copies of the invoice. The original merchandise finally leaves the country of Processing Program published invoice with the original certification stamp origin. For merchandise exported by carrier, elsewhere in this issue of the Federal will be required to enter the shipment into this is the day on which the carrier last Register), produced or manufactured in the United States as qualifying goods. departs the country of origin. Romania and exported from Romania on Duplicates of the invoice and/or certification Merchandise imported for the personal use and after January 1, 2000. All products may not be used for this purpose. of the importer and not for resale, regardless exported on and after January 1, 2000 Each certification shall include the of value, and properly marked commercial must be accompanied by an appropriate following information: sample shipments valued at U.S. $800 or less export visa or certification. This 1. The certification number. The do not require an export visa for entry and certification number shall be in the standard shall not be charged to existing quota levels. directive supersedes the directive nine digit letter format, beginning with one The visa stamp has not been changed; a published in the Federal Register on numerical digit for the last digit of the year facsimile of the new certification stamp is January 4, 1984 (see 49 FR 493). of export, followed by the two character enclosed with this letter. A description of the textile and alpha country code specified by the The Committee for the Implementation of apparel categories in terms of HTS International Organization for Textile Agreements has determined that numbers is available in the
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CORRELATION: Textile and Apparel A visa must accompany each commercial manufacturing process of the textile product Categories with the Harmonized Tariff shipment of the aforementioned textile covered by the visa shall be provided on the Schedule of the United States (see products. A circular stamped marking in blue textile visa document. Federal Register notice 63 FR 71096, ink will appear on the front of the original If the visa is not acceptable then a new commercial invoice or successor document. correct visa or a visa waiver must be published on December 23, 1998). The original visa shall not be stamped on presented to the U.S. Customs Service before Information regarding the 2000 duplicate copies of the invoice. The original any portion of the shipment will be released. CORRELATION will be published in the invoice with the original visa stamp will be A visa waiver may be issued by the U.S. Federal Register at a later date. required to enter the shipment into the Department of Commerce at the request of Interested persons are advised to take United States. Duplicates of the invoice and/ the Romanian Embassy in Washington, DC. all necessary steps to ensure that textile or visa may not be used for this purpose. The waiver, if used, only waives the products that are entered into the Each visa stamp shall include the requirement to present a visa with the United States for consumption, or following information: shipment at entry. It does not waive the withdrawn from warehouse for 1. The visa number. The visa number shall quota requirements. Visa waivers will only be in the standard nine digit letter format, be issued for classification purposes or for consumption, will meet the visa and beginning with one numeric digit for the last one-time special purpose shipments that are certification requirements set forth in digit of the year of export, followed by the not part of an ongoing commercial enterprise. the letter published below to the two character alpha code specified by the If the visaed invoice is deficient, the U.S. Commissioner of Customs. International Organization for Customs Service will not return the original The visa stamp has not been changed; Standardization (ISO) (the code for the document after entry, but will provide a a facsimile of the new certification Romania is ‘‘RO’’). These two codes shall be certified copy of that visaed invoice for use stamp for the Outward Processing followed by the number‘‘1’’ and a five digit in obtaining a new correct original visaed Program is on file at the U.S. serial number identifying the shipment, (e.g., invoice, or a visa waiver. Department of Commerce, 14th and 0RO112345). If import quotas are in force, U.S. Customs 2. The date of issuance. The date of Service shall charge only the actual quantity Constitution Avenue, NW, room 3104, issuance shall be the day, month and year on in the shipment to the correct category limit. Washington, DC. which the visa was issued. If a shipment from Romania has been Troy H. Cribb, 3. The original signature and the printed allowed entry into the commerce of the Chairman, Committee for the Implementation name of the issuing official authorized by the United States with either an incorrect visa or of Textile Agreements. Government of Romania. no visa, and redelivery is requested but 4. The correct category(s), merged cannot be made, the shipment will be Committee for the Implementation of Textile category(s), part category(s), quantity(s) and charged to the correct category limit whether Agreements unit(s) of quantity of the shipment in the or not a replacement visa or waiver is December 9, 1999. unit(s) of quantity provided for in the U.S. provided. Commissioner of Customs, Department of Commerce Correlation and in Certification Requirements for Outward Department of the Treasury, Washington, DC the Harmonized Tariff Schedule of the Processing Program 20229. United States. Annotated or successor Each shipment of wool apparel products in Dear Commissioner: Pursuant to section documents shall be reported in the spaces Categories 433, 434, 435, 442, 443, 444, 447 204 of the Agricultural Act of 1956, as provided within the visa stamp (e.g., ‘‘Cat. and 448 which has been either assembled in amended (7 U.S.C. 1854); Executive Order 340—510 DOZ’’). Romania from components cut in the United 11651 of March 3, 1972, as amended; and the Quantities must be stated in whole States from U.S. formed fabric or Export Visa Arrangement, signed on October numbers. Decimals or fractions will not be manufactured in Romania from U.S. formed 10, 1999, this directive supersedes the accepted. Visaed quantities are rounded to fabric and is eligible for the Outward directive dated December 29, 1983 (49 FR the closest whole number if the quantity Processing Program, shall be so certified by 493, published on January 4, 1984) which exported exceeds one whole unit, but is less the Government of Romania. This concerned the Export Visa Arrangement, than the next whole unit. Half units are certification shall be presented to the U.S. effected by exchange of notes dated October rounded up. If the quantity visaed is less Customs Service before entry, or withdrawal 31, 1982 and March 25, 1983, between the than one unit, the shipment is rounded from warehouse for consumption, into the Governments of the United States and upwards to one unit. Merged category quota customs territory of the United States (the 50 Romania. merchandise may be accompanied by either states, the District of Columbia and Puerto Visa Requirements the appropriate merged category visa or the Rico). Properly certified shipments of wool Effective on January 1, 2000, you are correct category visa corresponding to the apparel products do not require a visa. directed to prohibit entry into the Customs actual shipment. For example, quota A certification must accompany each territory of the United States (i.e., the 50 Category 347/348 may be visaed as ‘‘Category commercial shipment of the aforementioned states, the District of Columbia and the 347/348’’ or if the shipment consists solely textile products. A square stamped marking Commonwealth of Puerto Rico) for of Category 347 merchandise, the shipment in blue ink will appear on the front of the consumption and withdrawal from may be visaed as ‘‘Category 347’’ but not as original commercial invoice. The original warehouse for consumption of cotton, wool, ‘‘Category 348.’’ If, however, a merged quota certification shall not be stamped on man-made fiber, silk blend and other category such as 340/640 has a quota duplicate copies of the invoice. The original vegetable fiber textiles and textile products in sublimit on Category 340, then there must be invoice with the original certification stamp Categories 200–239, 300–369, 400–469, 600– ‘‘Category 340’’ visa for the shipment if it will be required to enter the shipment into 670 and 800–899, produced or manufactured includes Category 340 merchandise. the United States. Duplicates of the invoice in Romania and exported from Romania on U.S. Customs shall not permit entry if the and/or certification may not be used for this and after January 1, 2000 for which the shipment does not have a visa, or if the visa purpose. Government of Romania has not issued an number, date of issuance, signature, category, Each certification shall include the appropriate export visa fully described below quantity or units of quantity are missing, following information: unless they are subject to the Outward incorrect, illegible, or have been crossed out 1. The certification number. The Processing Program. Should additional or altered in any way. If the quantity certification number shall be in the standard categories, merged categories or part indicated on the visa is less than that of the nine digit letter format, beginning with one categories become subject to import quota, shipment, entry shall not be permitted. If the numerical digit for the last digit of the year the merged or part category(s) automatically quantity indicated on the visa is more than of export, followed by the two character shall be included in the coverage of this visa that of the shipment, entry shall be permitted alpha country code specified by the arrangement. Merchandise in the category(s) and only the amount entered shall be charged International Organization for exported on or after the date the category(s) to any applicable quota. Standardization (ISO)(the code for Romania becomes subject to import quotas shall The complete name and address of a is ‘‘RO’’). These two codes shall be followed require a visa. company(s) actually involved in the by the number ‘‘2’’ and a five-digit serial
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69746 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices number identifying the shipment, (e.g., Sincerely, A description of the textile and 0RO212345). Troy H. Cribb, apparel categories in terms of HTS 2. The date of issuance. The date of Chairman, Committee for the Implementation numbers is available in the issuance shall be the day, month and year on of Textile Agreements. CORRELATION: Textile and Apparel which the certification was issued. [FR Doc. 99–32424 Filed 12–13–99; 8:45 am] Categories with the Harmonized Tariff 3. The original signature of the issuing BILLING CODE 3510±DR±F Schedule of the United States (see official. Federal Register notice 63 FR 71096, 4. The correct category(s), merged published on December 23, 1998). category(s), part category(s), quantity(s) and COMMITTEE FOR THE Troy H. Cribb, unit(s) of quantity in the shipment as set IMPLEMENTATION OF TEXTILE Chairman, Committee for the Implementation forth in the U.S. Department of Commerce AGREEMENTS Correlation and the Harmonized Tariff of Textile Agreements. Schedule of the United States Annotated Amendment of Extension of Committee for the Implementation of Textile (HTSUSA), as amended. Temporary Amendment to the Agreements U.S. Customs shall not permit entry if the Requirements for Participating in the December 9, 1999. shipment does not have a valid certification Special Access Program to Include the Commissioner of Customs, including certification number, date of Outward Processing Program Department of the Treasury, Washington, DC issuance, signature, category, quantity or 20229. units of quantity are missing, incorrect or December 9, 1999. Dear Commissioner: This directive illegible, or have been crossed out or altered AGENCY: Committee for the amends, but does not cancel, the directives in any way. If the quantity indicated on the Implementation of Textile Agreements issued to you on December 14, 1998 and certification is less than that of the shipment, (CITA). December 24, 1998, by the Chairman, Committee for the Implementation of Textile entry shall not be permitted. If the quantity ACTION: Issuing a directive to the indicated on the certification is more than Agreements. Those directives concern the Commissioner of Customs amending foreign origin exception for findings and that of the shipment, entry shall be extension of amendment of permitted. The categories and quantities shall trimmings in Categories 433, 435, 443, 444, requirements for participation in the 633, 635, 643 and 644 under the Special be those determined by the U.S. Customs Special Access Program to include the Access Program and extend the amendment Service. Outward Processing Program. for the periods December 23, 1998 through If the certification is not acceptable, then December 31, 2000 for women’s and girls’ a new certification must be obtained and EFFECTIVE DATE: January 1, 2000. ‘‘hymo’’ type interlinings and September 23, presented to the U.S. Customs Service before FOR FURTHER INFORMATION CONTACT: Lori 1998 through December 31, 2000 for men’s any portion of the shipment will be released. E. Mennitt, International Trade and boys’ ‘‘hymo’’ type interlinings. See also Any shipment which is not accompanied Specialist, Office of Textiles and directive dated September 16, 1996 (61 FR by a valid and correct certification in Apparel, U.S. Department of Commerce, 49439), as amended. accordance with the foregoing provisions Effective on January 1, 2000, you are (202) 482–3400. shall be denied entry by the Government of directed to include goods covered under the the United States unless the Government of SUPPLEMENTARY INFORMATION: Outward Processing Program detailed in the Romania authorizes, by the issuance of a Authority: Section 204 of the Agricultural directive concerning implementation of the visa, the entry and any changes to the Act of 1956, as amended (7 U.S.C. 1854); Outward Processing Program published elsewhere in this issue of the Federal appropriate agreement levels. If U.S. Customs Executive Order 11651 of March 3, 1972, as amended. Register in the exceptions detailed in the determines that the certification is invalid aforementioned directives. because of an error, and the remaining A notice published in the Federal The Committee for the Implementation of documentation fulfills requirement for entry Register on December 18, 1998 (63 FR Textile Agreements has determined that this under the Outward Processing Program, then 70112), amended on December 24, 1998 action falls within the foreign affairs a new certification from the Government of (64 FR 149, published on January 4, exception of the rulemaking provisions of 5 Romania must be obtained or a visa waiver 1999), extended the exemption period U.S.C. 553(a)(1). issued by the U.S. Department of Commerce for women’s and girls’ and men’s and Sincerely, at the request of the Romanian Embassy in boys’ chest type plate, ‘‘hymo’’ piece or Troy H. Cribb, Washington, DC must be obtained and ‘‘sleeve header’’ of woven or welf- Chairman, Committee for the Implementation presented to the U.S. Customs Service before inserted warp knit construction of of Textile Agreements. any portion of the shipment will be released. coarse animal hair or man-made [FR Doc. 99–32422 Filed 12–13–99; 8:45 am] General Provisions filaments used in the manufacture of BILLING CODE 3510±DR±F The date of export is the actual date the tailored suit jackets and suit-type jackets merchandise finally leaves the country of in Categories 433, 435, 443, 444, 633, origin. For merchandise exported by carrier, 635, 643 and 644, which are entered COMMITTEE FOR THE this is the day on which the carrier last under the Special Access Program, for IMPLEMENTATION OF TEXTILE departs the country of origin. the periods December 23, 1998 through AGREEMENTS Merchandise imported for the personal use December 31, 2000 for women’s and of the importer and not for resale, regardless girls’; and September 23, 1998 through Implementation and Enforcement of of value, and properly marked commercial December 31, 2000 for men’s and boys’. the Outward Processing Program for sample shipments valued at U.S. $800 or less Textiles and Apparel do not require an export visa for entry and See also 61 FR 49439, published on shall not be charged to existing quota levels. September 20, 1996, as amended. December 8, 1999. The visa stamp has not been changed; a Effective on January 1, 2000, that AGENCY: Committee for the facsimile of the new certification stamp is directive is being amended to include Implementation of Textile Agreements enclosed with this letter. goods covered under the Outward (CITA). Processing Program (see related notice The Committee for the Implementation of ACTION: Issuing a directive to the concerning implementation of the Textile Agreements has determined that Commissioner of Customs setting forth Outward Processing Program published these actions fall within the foreign affairs the requirements for participation in the elsewhere in this issue of the Federal exception to the rulemaking provisions of 5 Outward Processing Program. U.S.C. 553(a)(1). Register).
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SUMMARY: This notice sets forth the cut and assembled in a participating If the fabric was purchased from a third requirements for participating in the country, or from fabric which is cut in party, the participant is responsible for Outward Processing Program for textiles the United States and assembled in a obtaining the mill invoice. The and apparel. Under the Outward participating country. The product may participant must also obtain a signed Processing Program, textile products be partially cut or partially assembled in statement from a principal at the mill will not be subject to quantitative either country, but all assembly and that the fabric is of U.S. origin. This can restrictions upon importation into the cutting operations must be performed in be stated directly on the invoice or on United States if they either (a) are either the participating country or the a separate document that relates to each assembled in a participating country of United States. A participating country is specific shipment of fabric. Vertically fabrics formed and cut in the United a country with which the United States integrated participants, i.e., participants States or (b) are cut and assembled in a has entered into a bilateral agreement that both form and cut fabric, must participating country of fabric formed in regarding the Outward Processing retain an internal transfer document or the United States. Products exported on Program; other documentary proof that they or after January 1, 2000 may be (2) the product must be assembled or formed the fabric in the United States; imported pursuant to the Outward manufactured (that is, both cut and (5) transportation documents if fabric Processing Program. assembled) from fabric which is formed is cut in the United States (mill to EFFECTIVE DATE: January 1, 2000 in the United States; i.e., all fabric cutting facility; cutting facility to FOR FURTHER INFORMATION CONTACT: components of the product must be U.S. border/assembler); and Brian F. Fennessy, International Trade formed. This requirement applies to all (6) export documentation. Specialist, Office of Textiles and textile components of the product, The above documents shall be Apparel, U.S. Department of Commerce. including linings and pocketing, except maintained by calendar quarter, by (202) 482-3400. as provided in (4) below. Greige goods country, and by category; and shall be SUPPLEMENTARY INFORMATION: imported into, and then finished in, the retained for three years from the date of Authority: Section 204 of the Agricultural United States are not considered fabric the exportation of the U.S. formed fabric Act of 1956, as amended (7 U.S.C. 1854); formed in the United States. Fabric that or U.S. formed and cut fabric. The Executive Order 11651 of March 2, 1972, as is woven or knitted in the United States documents shall be organized and filed amended. from yarn is considered U.S. formed; (preferably in a single location) to On September 10, 1999 the (3) the importer of the qualifying wool facilitate U.S. Customs’ review. Government of the United States and apparel product and the exporter of the Enforcement Procedures and Penalties the Government of Romania signed a U.S. formed fabric or the component The U.S. Customs Service shall Memorandum of Understanding parts must be the same entity or person; monitor all shipments entered pursuant providing for an Outward Processing (4) findings and trimmings of non-U.S. to the Outward Processing Program. Program for certain wool apparel origin may be incorporated into the In order to ensure that participants in products. On September 17, 1999, the product, provided they do not exceed 25 the Outward Processing Program Government of the U.S. and the percent of the cost of the fabric in the comply fully with the requirements set Government of the Former Yugoslav product. Findings and trimmings forth in this notice, Customs will Republic of Macedonia signed a include sewing thread, hooks and eyes, conduct Post Entry Compliance reviews. Memorandum of Understanding snaps, buttons, ‘‘bow buds,’’ decorative These reviews will be conducted for providing for an Outward Processing lace trim, zippers, including zipper entries made for the first quarter of 2000 Program for certain wool apparel tapes, and labels; and shall continue for each successive products. (5) upon entry into the United States, quarter. During the course of such Pursuant to these agreements, the product must be classified under a review, the participant must provide products that qualify for Outward subheading of heading 9802 of the Customs officials with evidence, Processing Program treatment will not Harmonized Tariff Schedule of the through the documents described above, be subject to quantitative restrictions. United States (HTS) created to capture that all products entered under the However, products that qualify for such trade (9802.00.8016) or qualify for Outward Processing Program qualify for Outward Processing Program treatment the special ‘‘S’’ prefix indicating the Outward Processing Program treatment. must be certified by the participating item was produced with U.S. formed False or inaccurate representations government and will be monitored by fabric. made in the context of the Outward the U.S. Customs Service. Each Nothing in these requirements Processing Program may result in shipment must be certified by the precludes performing any operation in liability under U.S. laws prohibiting placing of the original square-shaped the United States. false or misleading statements, stamped marking in blue ink on the Record keeping Requirements including 18 U.S.C. 1001 and 19 U.S.C. front of the commercial invoice. The following documents shall be 1592. Moreover, participants may be Outward Processing Program maintained and made available for suspended from participation in the treatment is available for qualifying review by the U.S. Customs Service and Outward Processing Program for such wool apparel products exported on or CITA: representations, for failing to abide by after January 1, 2000. Future Federal (1) entry documents made during the the Outward Processing Program’s Register notices will indicate qualifying quarter; record keeping requirements, or for products eligible for the Outward (2) design style costing sheets or otherwise violating the terms of the Processing Program. similar documents providing a complete Program. General Requirements; Qualifying Products description of the assembled products; In the event of credible evidence that In order to qualify for Outward (3) cutting tickets (if the fabric is cut a participant has violated the terms of Processing Program treatment, in the United States), including the the Outward Processing Program, the qualifying wool apparel products must name and location of the cutting facility Chairman of CITA will notify the meet the following requirements: for those entries; participant in writing of the alleged (1) the product must be either (4) mill invoices, including the name violation. The participant will have 30 manufactured from fabric that is both of the mill where the fabric was formed. days to respond and/or request a
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69748 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices meeting with CITA representatives to (2) the product must be assembled or be organized and filed (preferably in a single discuss the alleged violation. After manufactured (that is, both cut and location) to facilitate U.S. customs review. reviewing the evidence and the assembled) from fabric which is formed in Enforcement Procedures and Penalties participant’s response, CITA will the United States; i.e., all fabric components All shipments entered pursuant to the determine whether a violation occurred of the product must be U.S. formed. This Outward Processing Program shall be requirement applies to all textile components and what penalty, if any, is appropriate. monitored. To facilitate the implementation of the product, including linings and and enforcement of the Outward Processing Penalties may include temporary or pocketing except as provided in (4) below. permanent suspension from Program, Customs is directed to require Greige goods imported into, and then entry/entry-summary procedures for all participation in the Outward Processing finished in, the United States are not imports for consumption and withdrawals Program. In determining the appropriate considered fabric formed in the United from warehouse for consumption under the penalty, CITA will consider all relevant States. Fabric that is woven or knitted in the Outward Processing Program. factors, including the seriousness of the United States from yarn is considered U.S. In order to determine that participants in violation, previous violations by the formed; the Outward Processing Program comply participant, the experience of the (3) the importer of the qualifying wool fully with the requirements set forth in this participant with the Outward Processing apparel product and the exporter of the U.S. notice, Customs will conduct Post Entry Program, and the steps taken by the formed fabric or its component parts must be Compliance reviews. These reviews will be participant to prevent future violations. the same entity or person; conducted for entries made for the first (4) findings and trimmings of non-U.S. quarter of 2000 and shall continue for each CITA has determined that this action origin may be incorporated into the product successive quarter. During the course of such falls within the foreign affairs exception provided they do not exceed 25 percent of review, the participant must provide to the rulemaking provisionsof 5 U.S.C. the cost of the fabric in the product. Findings Customs officials with evidence, through the 553(a)(1). and trimmings include sewing thread, hooks documents described above, that all products entered under the Outward Processing Troy H. Cribb, and eyes, snaps, buttons, ‘‘bow buds,’’ decorative lace trim, zippers, including Program qualify for Outward Processing Chairman, Committee for the Implementation zipper tapes, and labels; Program treatment. Customs shall inform of Textile Agreements. (5) upon entry into the United States, the CITA of any violations of the program. Committee for the Implementation of Textile product must be classified under a The Committee for the Implementation of Agreements subheading of heading 9802 of the Textile Agreements has determined that this December 8, 1999. Harmonized Tariff Schedule of the United action falls within the foreign affairs exception to the rulemaking provisionsof 5 Commissioner of Customs States (HTS) created to capture such trade (9802.00.8016) or qualify for the special ‘‘S’’ U.S.C. 553(a)(1). Department of Treasury, Washington, DC Sincerely, 20229 prefix indicating the item was produced with U.S. formed fabric. Troy H. Cribb, Dear Commissioner: This directive sets Nothing in these requirements precludes Chairman, Committee for the Implementation forth the requirements for participation in the performing any operation in the United Outward Processing Program for textiles and of Textile Agreements States. apparel and provides for enforcement [FR Doc. 99–32421 Filed 12–13–99; 8:45 am] procedures to ensure that these requirements Record keeping Requirements BILLING CODE 3510±DR±F are met. Participants are required to retain the Effective on January 1, 2000, no following documents for review by Customs: quantitative restrictions shall apply to (1) entry documents made during the CORPORATION FOR NATIONAL AND qualifying textile products which are quarter; COMMUNITY SERVICE exported from a participating country to the (2) design style costing sheets or similar United States under the Outward Processing documents providing a complete description Notice of Availability of Application Program for textiles and apparel. However, of the assembled products; Guidelines and Pre-application products that qualify for Outward Processing (3) cutting tickets (if the fabric is cut in the Program treatment must be certified by the United States) including the name and Conference Calls for Potential participating government and shall be location of the cutting facility for those Applicants for AmeriCorps*National monitored by the U.S. Customs Service. Each entries; Direct Program Funds shipment must be certified by the placement (4) mill invoices, including the name of the AGENCY: of the original square-shaped stamped mill where the fabric was formed. If the Corporation for National and marking in blue ink on the front of the fabric was purchased from a third party, the Community Service. commercial invoice. Qualifying products participant is responsible for obtaining the ACTION: Notice of availability of must be either manufactured (that is, both cut mill invoice. The participant must also application guidelines and pre- and assembled) in a participating country or obtain a signed statement from a principal at application technical assistance cut in the United States and assembled in a the mill that the fabric is of U.S. origin. This conference calls. participating country and must be assembled can be stated directly on the invoice or on or manufactured (that is, both cut and a separate document that relates to each SUMMARY: We have scheduled two assembled) from fabric formed in the United specific shipment of fabric. Vertically States. conference calls to provide technical integrated participants, i.e., participants that assistance to national non-profits and General Requirements; Qualifying Products both for and cut fabric must retain an internal multi-state organizations interested in transfer document or other documentary In order to qualify for Outward Processing applying for AmeriCorps*National Program treatment, qualifying wool apparel proof that they formed the fabric in the products must meet the following United States; Direct program funds. requirements: (5) transportation documents if fabric is cut FOR FURTHER INFORMATION CONTACT: To (1) the product must be either in the United States (mill to cutting facility; register for either of the two conference manufactured from fabric that is both cut and cutting facility to border/assembler); and calls contact Marlene Zakai, (202) 606– assembled in a participating country, or from (6) export documentation. 5000, ext. 536. T.D.D. (202) 565–2799. fabric which is cut in the United States and The participant is obligated to maintain the For individuals with disabilities, we assembled in a participating country. A above documents by calendar quarter, by will make information available in participating country is a country with which country, and by category, and must retain the United States has entered into a bilateral them for three years from the date of the alternative formats upon request. agreement regarding the Outward Processing exportation of the U.S. formed fabric or U.S. SUPPLEMENTARY INFORMATION: Program; formed and cut fabric. The documents must AmeriCorps is the national service
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69749 program that engages Americans of all Annual Burden Hours: 40,000. 1995 (44 U.S.C. Chapter 35) requires ages and backgrounds in meeting Needs and Uses: This collection of that the Office of Management and critical education, public safety, information is necessary to determine Budget (OMB) provide interested environmental, and other human needs. the eligibility and evaluate overall Federal agencies and the public an early Each year, we provide funds to competitive standing of candidates for opportunity to comment on information programs operated by national non- appointment to the United States Naval collection requests. OMB may amend or profits to support projects such as Academy. An analysis of the waive the requirement for public tutoring children, restoring streams and information collected is made by the consultation to the extent that public parks, building playgrounds and Admissions Board during the process in participation in the approval process housing, assisting elders, and serving in order to gauge the qualifications of would defeat the purpose of the health clinics. For more information individual candidates. information collection, violate State or about the activities we support and to Affected Public: Individuals or Federal law, or substantially interfere access a copy of the National Direct Households. with any agency’s ability to perform its Guidelines, visit our web site: http:// Frequency: On Occasion. statutory obligations. The Leader, www.nationalservice.org. Respondent’s Obligation: Required to Information Management Group, Office We have scheduled two conference Obtain or Retain Benefits. of the Chief Information Officer, calls regarding the application processes OMB Desk Officer: Mr. Edward C. publishes that notice containing for AmeriCorps*National Direct grants. Springer. proposed information collection The conference calls will assist Written comments and requests prior to submission of these participants in understanding funding recommendations on the proposed requests to OMB. Each proposed opportunities at the Corporation, tips on information collection should be sent to information collection, grouped by preparing a successful application for Mr. Springer at the Office of office, contains the following: (1) Type the 2000 AmeriCorps*National Direct Management and Budget, Desk Officer of review requested, e.g. new, revision, grant competitions, and the framework for DoD, Room 10236, New Executive extension, existing or reinstatement; (2) objectives for an AmeriCorps program. Office Building, Washington, DC 20503. Title; (3) Summary of the collection; (4) DOD Clearance Officer: Mr. Robert Description of the need for, and Conference Calls Cushing. proposed use of, the information; (5) Dates: February 4, 2000 or February Written requests for copies of the Respondents and frequency of 11, 2000. information collection proposal should collection; and (6) Reporting and/or Time: 11 a.m.–1 p.m. Eastern time. be sent to Mr. Cushing, WHS/DIOR, Recordkeeping burden. OMB invites Phone Number: (800) 662–0816 (toll- 1215 Jefferson Davis Highway, Suite public comment. free) or (202) 260–7915. 1204, Arlington, VA 22202–4302. Dated: December 8, 1999. Dated: December 6, 1999. Dated: December 7, 1999. William E. Burrow, L.M. Bynum, Peter Heinaru, Leader, Information Management Group, Director, AmeriCorps*State/National, Alternate OSD Federal Register Liaison Office of the Chief Information Officer. Corporation for National and Community Officer, Department of Defense. Service. [FR Doc. 99–32304 Filed 12–13–99; 8:45 am] Office of Educational Research and [FR Doc. 99–32270 Filed 12–13–99; 8:45 am] BILLING CODE 5001±10±M Improvement BILLING CODE 6050±28±U Type of Review: Reinstatement. Title: Regional Technology in DEPARTMENT OF EDUCATION Education Consortia. DEPARTMENT OF DEFENSE Frequency: Semi-annually. Submission for OMB Review; Affected Public: Not-for-profit Office of the Secretary Comment Request institutions; State, local or Tribal Gov’t, AGENCY: Department of Education. SEAs or LEAs. Submission for OMB review; comment Reporting and Recordkeeping Hour SUMMARY: The Leader, Information request Burden: Responses: 50; Burden Hours: Management Group, Office of the Chief 8,000. ACTION: Notice. Information Officer invites comments Abstract: Applications are required to on the submission for OMB review as receive grants under the Regional The Department of Defense has required by the Paperwork Reduction Technology in Education Consortia submitted to OMB for clearance, the Act of 1995. following proposal for collection of Program (CFDA #84.302A), and information under the provisions of the DATES: Interested persons are invited to recipients are selected competitively. Paperwork Reduction Act (44 U.S.C. submit comments on or before January This package provides potential Chapter 35). 13, 2000. applicants with guidance as to the Title, Associated Form, and OMB ADDRESSES: Written comments should program’s requirements and the manner Number: Candidate Application be addressed to the Office of in which to prepare and submit their Procedures for the United States Naval Information and Regulatory Affairs, application for funding. Academy; USNA GRE 1531/34 USNA Attention: Danny Werfel, Desk Officer, This information collection is being GRB 1110/11, 1110/12, 1110/14, 1110/ Department of Education, Office of submitted under the Streamlined 15, 1110/17, 1110/18, 1110/22, Form Management and Budget, 725 17th Clearance Process for Discretionary T325; OMB Number 0703–0036. Street, N.W., Room 10235, New Grants Information Collections (1890– Type of Request: Reinstatement. Executive Office Building, Washington, 0001). Therefore, this 30-day public Number of Respondents: 10,000. D.C. 20503 or should be electronically comment notice will be the only public Responses per Respondent: 1. mailed to the internet address comment notice published for this Annual Responses: 10,000. [email protected]. information collection. Average Burden per Response: 4 SUPPLEMENTARY INFORMATION: Section Requests for copies of the proposed hours. 3506 of the Paperwork Reduction Act of information collection request should be
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69750 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices addressed to Vivian Reese, Department options to complete the National Livermore, California, the Task Force of Education, 400 Maryland Avenue, Ignition Facility (NIF) Project; to welcomes public comment. Members of SW, Room 5624, Regional Office recommend the best technical course of the public will be heard in the order in Building 3, Washington, D.C. 20202– action; and to review and assess the which they sign up at the beginning of 4651, or should be electronically mailed risks of successfully completing the NIF the meeting. The Task Force will make to the internet address Project. The NIF Task Force will focus every effort to hear the views of all [email protected] or should on the engineering and management interested parties. You may submit be faxed to 202–708–9346. aspects of the proposed method for written comments to Betsy Mullins, Questions regarding burden and/or accomplishing the assembly and Executive Director, Secretary of Energy the collection activity requirements installation of the NIF laser system. The Advisory Board, AB–1, US Department should be directed to Kathy Axt at (703) Task Force’s review will cover the full of Energy, 1000 Independence Avenue, 426–9692 or via her internet address scope of assembly and installation and SW, Washington, D.C. 20585. This [email protected]. Individuals who the ability, within the proposed notice is being published less than 15 use a telecommunications device for the approach, to achieve the cleanliness days before the date of the meeting due deaf (TDD) may call the Federal requirements established for the to the late resolution of programmatic Information Relay Service (FIRS) at 1– operation of the laser. The review will issues. 800–877–8339. also address: (1) the engineering Minutes: A copy of the minutes and [FR Doc. 99–32285 Filed 12–13–99; 8:45 am] viability of the proposed assembly and a transcript of the meeting will be made BILLING CODE 4000±01±P activation method; (2) the assembly and available for public review and copying installation cleanliness protocols; (3) the approximately 30 days following the management structure; and (4) the meeting at the Freedom of Information DEPARTMENT OF ENERGY adequacy of the cost estimating Public Reading Room, 1E–190 Forrestal methodology. Building, 1000 Independence Avenue, Secretary of Energy Advisory Board SW, Washington, D.C., between 9:00 Tentative Agenda A.M. and 4:00 P.M., Monday through Notice of Open Meeting Monday, December 13, 1999 Friday except Federal holidays. Further 1:45–2:15 PM information on the Secretary of Energy AGENCY: Department of Energy. Opening Remarks—Dr. John McTague, SUMMARY: Advisory Board and its subcommittees This notice announces a Task Force Chairman meeting of the Secretary of Energy may be found at the Board’s web site, 2:15–2:30 PM located at http://www.hr.doe.gov/seab. Advisory Board’s National Ignition Briefing & Discussion: NIF Re-baselining Facility Laser System Task Force. The Plan, Scheduling and Budget Impacts Issued at Washington, D.C., on December 8, Federal Advisory Committee Act (Pub. 2:30–3:00 PM 1999. L. 92–463, 86 Stat. 770), requires that Briefing & Discussion: Target Fabrication & Rachel M. Samuel, agencies publish these notices in the Target Operations Deputy Advisory Committee Management Federal Register to allow for public 3:00–3:15 PM Officer. Break participation. 3:15–4:00 PM [FR Doc. 99–32246 Filed 12–13–99; 8:45 am] Name: Secretary of Energy Advisory Briefing & Discussion: Management and BILLING CODE 6450±01±P Board—National Ignition Facility Laser Oversight of the NIF Project— Relationship between DOE, UC, LLNL, System Task Force and the NIF Project Office DEPARTMENT OF ENERGY DATES: Monday, December 13, 1999, 4:00–4:30 PM 1:45 PM–5:30 PM. Briefing & Discussion: Management and Federal Energy Regulatory Oversight of the NIF Project—Previous ADDRESSES: Lawrence Livermore Commission Reviews of the NIF National Laboratory (LLNL), Conference 4:30–5:00 PM [Docket No. RP00±123±000] Room A, Building 123, 7000 East Briefing & Discussion: Management and Avenue, Livermore, California 94551– Oversight of the NIF Project—NIF El Paso Natural Gas Company; Notice 0808. Note: For their convenience, Council of Proposed Changes in FERC Gas members of the public who plan to 5:00–5:15 PM Tariff attend this open meeting are requested Briefing & Discussion: Management and December 8, 1999. to contact Ms. Kathleen Moody of the Oversight of the NIF Project—Outside Consultants & Independent Advice Take notice that on December 1, 1999, LLNL Protocol Office in advance of the 5:15–5:30 PM El Paso Natural Gas Company (El Paso) meeting in order to facilitate access to Public Comment Period tendered for filing as part of its FERC the meeting site. Ms. Moody may be 5:30 PM Gas Tariff, the following tariff sheets to reached at (925) 423–5948 or via e-mail Adjourn become effective January 1, 2000: at [email protected]. This tentative agenda is subject to FOR FURTHER INFORMATION CONTACT: change. The final agenda will be Second Revised Volume No. 1–A Betsy Mullins, Executive Director, or available at the meeting. Seventeenth Revised Sheet No. 20 Richard Burrow, Deputy Director, Public Participation: In keeping with Eleventh Revised Sheet No. 22 Secretary of Energy Advisory Board procedures, members of the public are Seventeenth Revised Sheet No. 23 (AB–1), U.S. Department of Energy, Twenty-First Revised Sheet No. 24 welcome to observe the business of the Seventeenth Revised Sheet No. 26 1000 Independence Avenue, SW, NIF Task Force and submit written Seventeenth Revised Sheet No. 27 Washington, D.C. 20585, (202) 586–7092 comments or comment during the or (202) 586–6279 (fax). scheduled public comment periods. The Third Revised Volume No. 2 SUPPLEMENTARY INFORMATION: The Chairman of the Task Force is Forty-Sixth Revised Sheet No. 1–D.2 purpose of the NIF Task Force is to empowered to conduct the meeting in a Fortieth Revised Sheet No. 1–D.3 provide independent external advice fashion that will, in the Chairman’s El Paso states that the above tariff and recommendations to the Secretary judgment, facilitate the orderly conduct sheets are being filed to adjust its rates of Energy Advisory Board on the of business. During its meeting in for inflation.
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Any person desiring to be heard or to 0248, or Joel M. Cockrell at (202) 208– DEPARTMENT OF ENERGY protest said filing should file a motion 1184. to intervene or a protest with the Linwood A. Watson, Jr., Federal Energy Regulatory Federal Energy Regulatory Commission, Acting Secretary. Commission 888 First Street, NE., Washington, DC [FR Doc. 99–32258 Filed 12–13–99; 8:45 am] 20426, in accordance with sections BILLING CODE 6717±01±M [Docket No. RP00±121±000] 385.214 or 385.211 of the Commission’s rules and regulations. All such motions Northern Natural Gas Company; Notice or protests must be filed in accordance DEPARTMENT OF ENERGY of Proposed Changes in FERC Gas with section 154.210 of the Tariff Commission’s regulations. Protests will Federal Energy Regulatory Commission December 8, 1999. be considered by the Commission in Take notice that on December 1, 1999, determining the appropriate action to be [Docket No. RP00±120±000] taken, but will not serve to make Northern Natural Gas Company protestants parties to the proceedings. Northern Natural Gas Company; Notice (Northern), tendered for filing in its Any person wishing to become a party of Proposed Changes in FERC Gas FERC Gas Tariff, Fifth Revised Volume must file a motion to intervene. Copies Tariff No. 1 and Original Volume No. 2, the of this filing are on file with the following tariff sheets proposed to be December 8. 1999. Commission and are available for public effective date of January 1, 2000: Take notice that on December 1, 1999, inspection in the Public Reference Fifth Revised Volume No. 1 Northern Natural Gas Company Room. This filing may be viewed on the (Northern), tendered for filing changes 51 Revised Sheet No. 50 web at http://www.ferc.fed.us/online/ in its FERC Gas Tariff, Fifth Revised 51 Revised Sheet No. 51 rims.htm (call 202–208–2222 for Volume No. 1, the following tariff 20 Revised Sheet No. 52 assistance). sheets, proposed to be effective January 47 Revised Sheet No. 53 Linwood A. Watson, Jr., 1, 2000: Original Volume No. 2 Acting Secretary. 50 Revised Sheet No. 50 159 Revised Sheet No. 1C [FR Doc. 99–32269 Filed 12–13–99; 8:45 am] 50 Revised Sheet No. 51 36 Revised Sheet No. 1C.a BILLING CODE 6717±01±M 46 Revised Sheet No. 53 Northern states that this filing Northern states that the purpose of establishes the System Balancing this filing is to set forth the approved DEPARTMENT OF ENERGY Agreement (SBA) cost recovery 2000 Gas Research Institute (GRI) surcharge to be effective January 1, 2000 surcharges for the 2000 calendar year to Federal Energy Regulatory for the period January 1 through be effective January 1, 2000 in Commission December 31, 2000. accordance with the Commission’s Northern further states that copies of Order Approving The Gas Research [Docket Nos. RP99±322±000 and RP96±45± the filing have been mailed to each of Institute’s Year 2000 Research, 000] its customers and interested State Development and Demonstration Commissions. Program and 2000–2004 Five-Year Plan Northern Border Pipeline Company; Any person desiring to be heard or to issued on September 29, 1999 in Docket Notice of Informal Settlement protest said filing should file a motion No. RP99–323–000. Conference to intervene or a protest with the Northern further states that copies of Federal Energy Regulatory Commission, December 8, 1999. the filing have been mailed to each of 888 First Street, NE, Washington, DC its customers and interested State Take notice that an informal 20426, in accordance with Sections Commissions. settlement conference will be convened 385.214 or 385.211 of the Commission’s Any person desiring to be heard or to in this proceeding on Monday, Rules and Regulations. All such motions protest said filing should file a motion December 20, 1999, at 1:00 p.m., and or protests must be filed in accordance to intervene or a protest with the continue through Tuesday, December with Section 154.210 of the Federal Energy Regulatory Commission, 21, 1999, at the offices of the Federal Commission’s Regulations. Protests will 888 First Street, NE, Washington, DC Energy Regulatory Commission, 888 be considered by the Commission in 20426, in accordance with Sections First Street, NE, Washington, DC 20426, determining the appropriate action to be 385.214 or 385.211 of the Commission’s for the purpose of exploring the possible taken, but will not serve to make Rules and Regulations. All such motions settlement in the above-referenced protestants parties to the proceedings. or protests must be filed in accordance dockets. Any person wishing to become a party with Section 154.210 of the must file a motion to intervene. Copies Any party, as defined by 18 CFR Commission’s Regulations. Protest swill of this filing are on file with the be considered by the Commission in 385.102(c), or any participant as defined Commission and are available for public by 18 CFR 385.102(b), is invited to determining the appropriate action to be inspection in the Public Reference taken, but will not serve to make attend. Persons wishing to become a Room. This filing may be viewed on the party must move to intervene and protestants parties to the proceedings. web at http://www.ferc.fed.us/online/ Any person wishing to become a party receive intervenor status pursuant to the rims.htm (call 202–208–2222 for Commission’s regulations (18 CFR must file a motion to intervene. Copies assistance). of this filing are on file with the 385.214). Linwood A. Watson, Jr., Commission and are available for public For additional information, please Acting Secretary. inspection in the Public Reference contact William J. Collins at (202) 208– [FR Doc. 99–32266 Filed 12–13–99; 8:45 am] Room. This filing may be viewed on the BILLING CODE 6717±01±M web at http://www.ferc.fed.us/online/
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69752 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices rims.htm (call 202–208–2222 for 385.214) a motion to intervene or notice 20426, in accordance with Sections assistance). of intervention and pursuant to Section 385.214 or 385.211 of the Commission’s Linwood A. Waston, Jr., 157.205 of the Regulations under the Rules and Regulations. All such motions Acting Secretary. Natural Gas Act (18 CFR 157.205) a or protests must be filed in accordance [FR Doc. 99–32267 Filed 12–13–99 8:45 am] protest of the request. If no protest is with Section 154.210 of the BILLING CODE 6717±01±M filed within the time allowed therefor, Commission’s Regulations. Protests will the proposed activity shall be deemed to be considered by the Commission in be authorized effective the date after the determining the appropriate action to be DEPARTMENT OF ENERGY time allowed for filing a protest. If a taken, but will not serve to make protest is filed and not withdrawn protestants parties to the proceedings. Federal Energy Regulatory within 30 days after the time allowed Any person wishing to become a party Commission for filing a protest, the instant request must file a motion to intervene. Copies shall be treated as an application for [Docket No. CP00±42±000] of this filing are on file with the authorization pursuant to Section 7 of the Natural Gas Act. Commission and are available for public Northwest Pipeline Corporation; Notice inspection in the Public Reference Linwood A. Watson, Jr., of Request Under Blanket Room. This filing may be viewed on the Authorization Acting Secretary. web at http://www.ferc.fed.us/online/ [FR Doc. 99–32261 Filed 12–13–99; 8:45 am] December 8, 1999. rims.htm (call 202–208–2222 for BILLING CODE 6717±01±M Take notice that on December 3, 1999, assistance). Northwest Pipeline Corporation Linwood A. Watson, Jr., (Northwest) 295 Chipeta Way, Salt Lake DEPARTMENT OF ENERGY Acting Secretary. City, Utah 84108, filed in Docket No. [FR Doc. 99–32260 Filed 12–13–99; 8:45 am] CP00–42–000 a request pursuant to Federal Energy Regulatory BILLING CODE 6717±01±M Sections 157.205 and 157.211 of the Commission Commission’s Regulations under the Natural Gas Act (18 CFR 157.205, [Docket No. RP00±115±000] DEPARTMENT OF ENERGY 157.211) for authorization to construct Panhandle Eastern Pipe Line and operate the new Basin Frozen Foods Company; Notice of Proposed Federal Energy Regulatory Meter Station, in Grant County, Changes in FERC Gas Tariff Commission Washington, to provide deliveries to Basin Frozen Foods (Basin), a new end- December 8, 1999. user, under Northwest’s Gas Act, all as Take notice that on December 1, 1999, [Docket Nos. ER99±3531±000 and ER99± more fully set forth in the request that Panhandle Eastern Pipeline Company 4384±000] is on file with the Commission and open (Panhandle) tendered for filing as part of to public inspection. This filing may be its FERC Gas Tariff, First Revised Southern Company Services, Inc.; viewed on the web at http:// Volume No. 1, the tariff sheets listed on Notice of Informal Settlement www.ferc.fed.us/online/rims.htm (call Appendix A to the filing, to become Conference 202–208–2222 for assistance). effective January 1, 2000. December 8, 1999. Specifically, Northwest proposes to Panhandle also states that this filing construct and operate the new Basin removes from its currently effective Take notice that an informal Frozen Foods Meter Station adjacent to rates the Second Carryover GSR conference will be convened in this its existing Warden Meter Station at Settlement Interruptible Rae Component proceeding on Wednesday, December Milepost 24.49 on the Moses Lake applicable to interruptible 15, 1999 at 11:00 a.m. and Thursday, Lateral in Grant County, Washington. transportation service provided under December 16, 1999 at 10:00 a.m., for the Northwest states that the new meter Rate Schedules IT and EIT (Section purpose of exploring the possible station will consist of a 3-inch lateral 18.7). The Second Carryover GSR settlement of the above-referenced tap, a 3-inch turbine meter and Settlement Interruptible Rate docket. The conference will be held at appurtenances with a design capacity of Component, which was established in the offices of the Federal Energy 3,567 Dth per day at 300 psig. Docket No. RP99–175–000, was Regulatory Commission, 888 First Northwest states that Basin’s estimated approved by Commission letter order Street, NE, Washington, DC, 20426. requirements for natural gas are up to issued December 30, 1998, the Second 2,700 Dth per day. Northwest further GSR Settlement Carryover Period will Any party, as defined by 18 CFR states that the estimated cost to terminate on December 31, 1999. 385.102(c), or any participant, as construct the Basin Frozen Foods Meter Accordingly, as set forth in Appendix B defined by 18 CFR 385.102(b), is invited Station is approximately $215,500, and herein, Panhandle proposes to remove to attend. Persons wishing to become a that the actual cost associated with the 1.11¢ per Dt. Second Carryover GSR party must move to intervene and construction plus applicable income tax Settlement Interruptible Rate receive intervenor status pursuant to the gross-up will be reimbursed by Basin. Component applicable to Rate Commission’s regulations (18 CFR Any questions regarding this Schedules IT and EIT. 385.214). application should be directed to Gary Panhandle states that copies of this For additional information, please K. Kotter, Manager, Certificates at (801) filing are being served on all affected contact Hollis J. Alpert at (202) 208– 584–7117, P.O. Box 58900, Salt Lake customers and applicable state 0783 or Theresa J. Burns at (202) 208– City, Utah 84158. regulatory agencies. 2160. Any person or the Commission’s staff Any person desiring to be heard or to may, within 45 days after issuance of protest said filing should file a motion Linwood A. Watson, Jr., the instant notice by the Commission, to intervene or a protest with the Acting Secretary. file pursuant to Rule 214 of the Federal Energy Regulatory Commission, [FR Doc. 99–32259 Filed 12–13–99; 8:45 am] Commission’s Procedural Rules (18 CFR 888 First Street, NE, Washington, DC BILLING CODE 6717±01±M
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DEPARTMENT OF ENERGY accordance with the Commission’s January 21, 1998, Stipulation and Order approving The Gas Research Agreement Concerning GRI Funding Federal Energy Regulatory Institute’s Year 2000 Research, approved by the Commission in Gas Commission Development and Demonstration Research Institute, 83 FERC ¶ 61,093 Program and 2000–2004 Five-Year Plan [Docket Nos. RP99±496±000 and RP99±496± (1998), order on reh’g, 83 FERC 001] issued on September 29, 1999 in Docket ¶ 61,331 (1998). Specifically, No. RP99–323–000. Trunkline’s filing complies with the Southern Natural Gas Company; Transwestern states that copies of the surcharges set forth in Appendix A to filing were served upon Transwestern’s Notice of Informal Settlement the Stipulation and Agreement as customers and interested State Conference follows: (1) a reservation surcharge of Commissions. December 8, 1999. Any person desiring to be heard or to 20.0¢ per dekatherm per month will be Take notice that an informal protest said filing should file a motion charged on non-discounted firm high settlement conference will be convened to intervene or a protest with the load factor customers, i.e., greater than in this proceeding commencing at 11:00 Federal Energy Regulatory Commission, 50% load factor; (2) a reservation a.m. on Thursday, December 16, 1999, 888 First Street, NE, Washington, DC surcharge of 12.3¢ per dekatherm per at the offices of the Federal Energy 20426, in accordance with sections month will be charged on non- Regulatory Commission, 888 First 385.214 or 385.211 of the Commission’s discounted firm low load factor Street, NE, Washington, DC, 20426, for rules and regulations. All such motions customers, i.e., less than or equal to the purpose of exploring the possible or protests must be filed in accordance 50% load factor, (3) a GRI volumetric settlement of the above-referenced with section 154.210 of the surcharge of 0.72¢ per dekatherm docket. Commission’s regulations. Protests will surcharge will be charged on all non- Any part, as defined by 18 CFR be considered by the Commission in discounted firm commodity and 385.102(c), or any participant as defined determining the appropriate action to be interruptible transportation services; by 18 CFR 385.102(b), is invited to taken, but will not serve to make and (4) a 1.6¢ per dekatherm surcharge attend. Persons wishing to become a protestants parties to the proceedings. will be charged on all non-discounted party must move to intervene and Any person wishing to become a party firm commodity units delivered to receive intervenor status pursuant to the must file a motion to intervene. Copies customers qualifying for service under Commission’s regulations (18 CFR of this filing are on file with the Trunkline’s Rate Schedule SST. 385.214). Commission and are available for public For additional information, please inspection in the Public Reference Trunkline states that copies of this contact Sandra J. Delude at (202) 208– Room. This filing may be viewed on the filing are being served on all affected 0583, Joel Cockrell (202) 208–1184, or web at http://www.ferc.fed.us/online/ customers and applicable state Theresa J. Burns (202) 208–2160. rims.htm (call 202–208–2222 for regulatory agencies. Linwood A. Waston, Jr., assistance). Any person desiring to be heard or to Acting Secretary. Linwood A. Watson, Jr., protest said filing should file a motion [FR Doc. 99–32263 Filed 12–13–99 8:45 am] Acting Secretary. to intervene or a protest with the BILLING CODE 6717±01±M [FR Doc. 99–32268 Filed 12–13–99; 8:45 am] Federal Energy Regulatory Commission, BILLING CODE 6717±01±M 888 First Street, NE, Washington, DC 20426, in accordance with Sections DEPARTMENT OF ENERGY 385.214 or 385.211 of the Commission’s DEPARTMENT OF ENERGY Rules and Regulations. All such motion Federal Energy Regulatory or protests must be filed in accordance Commission Federal Energy Regulatory Commission with Section 154.210 of the [Docket No. RP00±122±000] Commission’s Regulations. Protests will [Docket No. RP00±116±000] be considered by the Commission in Transwestern Pipeline Company; determining the appropriate action to be Notice of Proposed Changes in FERC Trunkline Gas Company; Notice of Tariff Filing taken, but will not serve to make Gas Tariff protestants parties to the proceedings. December 8, 1999. December 8, 1999. Any person wishing to become a party Take notice that on December 1, 1999, Take notice that on December 1, 1999 must file a motion to intervene. Copies Trunkline Gas Company (Trunkline) Transwestern Pipeline Company of this filing are on file with the tendered for filing as part of its FERC (Transwestern) tendered for filing to Commission and are available for public Gas Tariff, First Revised Volume No. 1, become part of Transwestern’s FERC inspection in the Public Reference the following tariff sheets to be effective Gas Tariff, Second Revised Volume No. Room. This filing may be viewed on the January 1, 2000: 1, the following tariff sheets to be web at http://www.ferc.fed.us/online/ effective January 1, 2000. Thirty-Second Revised Sheet No. 6 rims.htm (call 202–208–2222 for Thirty-First Revised Sheet No. 7 assistance.) 1. Revised 122 Revised Sheet No. 5 Thirty-Second Revised Sheet No. 8 Linwood A. Watson, Jr., 1. Revised 27 Revised Sheet No. 5A Thirty-Second Revised Sheet No. 9 1. Revised 19 Revised Sheet No. 5A.02 Fourteenth Revised Sheet No. 9A Acting Secretary. 1. Revised 19 Revised Sheet No. 5A.03 Fourth Revised Sheet No. 9B [FR Doc. 99–32264 Filed 12–13–99; 8:45 am] 1. Revised 24 Revised Sheet No. 5B Thirty-First Revised Sheet No. 10 BILLING CODE 6717±01±M Transwestern states that the purpose Seventeenth Revised Sheet No. 10A of this filing is to set forth the approved Trunkline states that the purpose of 2000 Gas Research Institute (GRI) this filing is to revise the Gas Research surcharges for the 2000 calendar year to Institute (GRI) surcharges to be effective be effective January 1, 2000 in January 1, 2000 in compliance with the
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Regulatory Commission, 888 First St., NE, Washington, DC 20426. Federal Energy Regulatory Federal Energy Regulatory The Commission’s Rules of Practice Commission Commission and Procedure require all intervenors filing documents with the Commission Notice of Application and Applicant [Docket No. RP00±119±000] to serve a copy of that document on Prepared Environmental Assessment each person whose name appears on the Williston Basin Interstate Pipeline Accepted for Filing; Requesting official service list for the project. Interventions and Protests; Company; Notice of Tariff Filing Further, if an intervenor files comments Establishing Procedural Schedule and or documents with the Commission December 8, 1999. Final Amendment Deadline; relating to the merits of an issue that Requesting Comments, Final Terms may affect the responsibilities of a Take notice that on December 1, 1999, and Conditions, Recommendations particular resource agency, the Williston Basin Interstate Pipeline and Prescriptions; Requesting Reply intervenor must also serve a copy of the Company (Williston Basin), tendered for Comments document on that resource agency. filing to become part of its FERC Gas k. Status of Environmental Analysis: Tariff, Second Revised Volume No. 1 December 8, 1999. On March 25, 1996, the Director, Office and Original Volume No. 2, the revised Take notice that the following of Hydropower Licensing, approved tariff sheets listed on Appendix A to the hydroelectric application has been filed WE’s use of the Alternative Licensing filing, to become effective January 1, with the Commission. An Applicant- Process. Scoping, pursuant to the 2000. Prepared Environmental Assessment National Environmental Policy Act of (APEA) for the Upper Menominee River Williston Basin states that the revised 1969 as amended, for the project was Basin Project, which includes the tariff sheets are being filed to conducted through scoping documents project below, has been filed with the issued in July 1996 and January 1997, incorporate the Gas Research Institute Commission. Both documents are (GRI) General Research, Development and in public scoping meetings on available for public inspection. September 16 and 17, 1996. The draft and Demonstration Funding Unit a. Type of Application: Major New license application and APEA were Adjustment Provision, and associated License. distributed by the applicant for references to such, in the Rate b. Project No.: 11830–000.1 comment on October 20, 1998. Schedules, General Terms and c. Date filed: October 1, 1999. Commission staff has reviewed the Conditions and Forms of Service d. Applicant: Wisconsin Electric license application and APEA and has Agreements, and to add the GRI Power Company (WE). determined that the application is Funding Unit rates to the applicable rate e. Name of Project: Peavy Falls acceptable for processing and no sheets of Williston Basin’s Tariff. Hydroelectric Project. additional information or studies are Any person desiring to be heard or to f. Location: The project is located on needed to prepare the Commission’s protest said filing should file a motion the Michigamme River, near Crystal environmental assessment. Comments, to intervene or a protest with the Falls, Iron Mountain, and Kingsford, in as indicated above, are being requested Federal Energy Regulatory Commission, Iron County, Michigan. The project from interested parties. The applicant 888 First Street NE., Washington, DC would not utilize any Federal lands or will have 45 days following the end of this period to respond to those 20426, in accordance with Sections facilities. comments, or may elect to seek a waiver 385.214 or 385.211 of the Commission’s g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)–825(r). of this deadline. Rules and Regulations. All such motions h. Applicant Contact: Ms. Rita L. l. Description of Project: The project or protests must be filed in accordance Hayen, P.E., Wisconsin Electric Power consists of the following: (1) a 200-foot- with Section 154.210 of the Company, 231 West Michigan Street, long, 73-foot-high, multiple-arch dam; Commission’s Regulations. Protests will P.O. Box 2046, Milwaukee, WI 53201– (2) an 89-foot-high concrete gated be considered by the Commission in 2046. spillway; (3) 80-foot-long, 20-foat-high determining the appropriate action to be i. FERC Contact: Any questions on right concrete gravity dam; (4) a 42-foot- taken, but will not serve to make this notice should be addressed to Patti wide concrete intake section; (5) a 194- protestants parties to the proceedings. Leppert-Slack, E-mail address foot-long, 40-foot-high left concrete Any person wishing to become a party [email protected], or gravity dam; (6) an impoundment must file a motion to intervene. Copies telephone (202) 219–2767. (Peavy Pond) with a surface area of of this filing are on file with the j. Deadline for filing motions to 2,900 acres and a 40,800 acre-feet Commission and are available for public intervene, protests, comments, final storage capacity at summer pool inspection in the Public Reference terms and conditions, elevation of 1,283.8 feet National Room. This filing may be viewed on the recommendations, and prescriptions: 60 Geodetic Vertical Datum (NGVD), and a web at http://www.ferc.fed.us/online/ days from the issuance date of this surface area of 490 acres and a 6,840 rims.htm (call 202–208–2222 for notice. acre-feet storage capacity at minimum assistance). All documents (original and eight spring pool elevation of 1,268.8 feet NGVD; (7) a 94-foot-long, 48-foot-wide Linwood A. Watson, Jr., copies) should be filed with: David P. Boergers, Secretary, Federal Energy powerhouse, containing two generating Acting Secretary. units, each rated at 7,500 kilowatts; (8) [FR Doc. 99–32265 Filed 12–13–99; 8:45 am] 1 Project No. 1759 currently consists of three a 749-foot-long, 17-foot-diameter BILLING CODE 6717±01±M developments, Way Dam, Twin Falls, and Peavy concrete-lined tunnel; (9) a 46-foot- Falls Hydroelectric Projects. Wisconsin Electric diameter concrete surge tank; (10) a requests that the Commission issue separate substation; and (11) appurtenant licenses for these three developments. The Commission has designated these three facilities. developments as P–1759–036 (Way Dam), P–11830– m. Locations of the application: A 000 (Peavy Falls), and P–11831–000 (Twin Falls). copy of the application is available for
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69755 inspection and reproduction at the copies of the application and APEA addressed, stamped envelope. All Commission’s Public Reference Room, directly from the applicant. Any of these submissions must be postmarked or located at 888 First Street, NE, Room documents must be filed by providing delivered by hand, no facsimiles (faxes) 2A, Washington, DC 20426, or by calling the original and the number of copies will be accepted. (202) 208–1371. The application may be required by the Commission’s Copies of the Supporting Statement viewed on the web at www.ferc.fed.us. regulations to: Secretary, Federal Energy for this information collection request Call (202) 208–2222 for assistance. A Regulatory Commission, 888 First and the Phase 1 Amendments to Round copy is also available for inspection and Street, NE, Washington, DC 20426. An 1 of the Part 503 rule are available for reproduction at the address in item h additional copy must be sent to: review at EPA’s Water Docket; 401 M above. Director, Division of Licensing and Street, SW; Washington, DC 20460. The n. Protests or Motions to Intervene— Compliance, Office of Hydropower Docket is located in room EB57. For Anyone may submit a protest or a Licensing, Federal Energy Regulatory access to the Docket materials call (202) motion to intervene in accordance with Commission, at the above address. Each 260–3027 between 9 a.m. and 3:30 p.m. the requirements of the Rules of Practice filing must be accompanied by proof of for an appointment. The EPA public and Procedures, 18 CFR Sections service on all persons listed on the information regulation (40 CFR part 2) 385.210, .211, .214. In determining the service list prepared by the Commission provides that a reasonable fee may be appropriate action to take, the in this proceeding in accordance with charged for copying. Commission will consider all protests 18 CFR 4.34(b) and 385.2010. FOR FURTHER INFORMATION CONTACT: filed, but only those who file a motion Linwood A. Watson, Jr., Alan B. Rubin, Ph.D., Senior Scientist, to intervene in accordance with the Acting Secretary. Health and Ecological Criteria Division Commission’s Rules may become a (4304), Office of Science and party to the proceeding. Any protests or [FR Doc. 99–32262 Filed 12–13–99; 8:45 am] BILLING CODE 6717±01±M Technology, U.S. Environmental motions to intervene must be received Protection Agency, 401 M Street, SW, on or before the specified deadline date Washington, DC 20460, telephone (202) for the particular application and APEA. 260–7589. o. Filing and Service of Responsive ENVIRONMENTAL PROTECTION Documents—The Commission is AGENCY SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially requesting comments, [FRL±6508±9] recommendations, terms and affected by this action are those which conditions, prescriptions, and reply Agency Information Collection generate and subsequently dispose of comments. Activities Associated With ``Standards their sewage sludge by incineration and The Commission directs, pursuant to for the Use or Disposal of Sewage sewage sludge incinerator owner/ 18 CFR section 4.34(b) of the Sludge'; Proposed Collection; operators (SSIOOs). Title: ‘‘Standards for the Use or regulations, that all comments, Comment Request recommendations, terms and Disposal of Sewage Sludge’’ EPA ICR conditions, and prescriptions AGENCY: Environmental Protection #0229.13 OMB Control #2040–0004 concerning the application and APEA Agency (EPA). Abstract: This ICR estimates the total be filed with the Commission within 60 ACTION: Notice. burden hours for sewage sludge days from the issuance date of this incinerator owners/operators (SSIOOs) notice. All reply comments must be SUMMARY: In compliance with the to comply with self-implementing filed with the Commission within 105 Paperwork Reduction Act (44 U.S.C. requirements for sewage sludge days from the date of this notice. 3501 et seq.), this document announces incinerators under Subpart E of 40 CFR Anyone may obtain an extension of that EPA is planning to submit the Part 503, Standards for the Use or time for these deadlines from the following proposed Information Disposal of Sewage Sludge. On February Commission only upon a showing of Collection Request (ICR) to the Office of 19, 1993, EPA published the final 40 good cause or extraordinary Management and Budget (OMB): CFR Part 503 Rule at 58 FR 9248. For circumstances in accordance with 18 Standards for The Use or Disposal of the most part, this rule was designed to # CFR 385.2008. Sewage Sludge EPA ICR 0229.13 OMB be self-implementing with the exception p. all filings must: (1) bear in all Control #2040–0004 of certain provisions of the sewage capital letters the title ‘‘PROTEST,’’ Before submitting the ICR to OMB for sludge incineration Subpart E of the ‘‘MOTION TO INTERVENE,’’ review and approval, EPA is soliciting Rule. In order to make the entire Part ‘‘COMMENTS,’’ comments on specific aspects of the 503 Rule self-implementing, the Agency ‘‘RECOMMENDATIONS,’’ ‘‘TERMS proposed information collection as on August 4, 1999 at 64 FR 42551 AND CONDITIONS,’’ described below. published Phase 1 Amendments to ‘‘PRESCRIPTIONS,’’ or ‘‘REPLY DATES: Comments must be submitted on Round 1 of Part 503. Included in these COMMENTS;’’ (2) set forth in the or before February 14, 2000. amendments were requirements for heading the name of the applicant and ADDRESSES: Send written comments to SSIOOs to provide the permitting the project number of the application Comment Clerk; Proposed Information authority certain information as and APEA to which the filing responds; Collection and Reporting Request for specified in the above-captioned ICR (3) furnish the name, address, and Compliance with Phase 1 Amendments title that would allow the permitting telephone number of the person to the Round 1 Sewage Sludge authority to determine whether SSIOOs submitting the filing; and (4) otherwise Regulation; Water Docket MC–4101; U. are in compliance with the numerical comply with the requirements of 18 CFR S. Environmental Protection Agency; standards section of Subpart E of the 385.2001 through 385.2005. All 401 M Street, SW; Washington, DC Part 503 Rule. The specific sections of comments, recommendations, terms and 20460. Respondents are requested to the Part 503 rule that were amended to conditions or prescriptions must set submit an original and three copies of effect these requirements are forth the evidentiary basis and their written comments. Respondents § 503.43(e)(2), 503.43(e)(3)(ii), and otherwise comply with the requirements who want receipt of their comments 503.43(e)(4). The requirement for of 18 CFR 4.34(b). Agencies may obtain acknowledged should include a self- SSIOOs to perform air dispersion
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69756 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices modeling and run performance tests to authority no later than 30 days after ENVIRONMENTAL PROTECTION comply with Subpart E numerical completion of the air dispersion AGENCY standards have always been in the base modeling and incinerator performance [FRL±6507±9] Part 503 Rule and burden hours for test. these activities were included in the Burden Statement: EPA estimates that Agency Information Collection base Part 503 Rule ICR. However, the annually 30 SSIOOs will expend a total Activities: Submission for OMB base Part 503 Rule required the of 150 hours at a total cost of $2734.50 Review; Comment Request; Oral and permitting authority to specify to the Written Purchase Orders SSIOOs the air dispersion model and to comply with the information model parameters to use as well as collection and reporting provisions of AGENCY: Environmental Protection specify the protocol for running the the Phase 1 Amendments to the Part 503 Agency (EPA). incinerator performance test. The Phase Standards for the use or Disposal of ACTION: Notice. 1 Amendments now require SSIOOs to Sewage Sludge. There are no State costs select this information from EPA- associated with these requirements. SUMMARY: In compliance with the published guidance documents and to Burden means the total time, effort, or Paperwork Reduction Act (44 U.S.C. submit this information to the financial resources expended by persons 3501 et seq.), this document announces permitting authority. This ICR estimates to generate, maintain, retain, or disclose that the following Information Collection Request (ICR) has been the burden hours for this activity. or provide information to or for a forwarded to the Office of Management An agency may not conduct or Federal agency. This includes the time and Budget (OMB) for review and sponsor, and a person is not required to needed to review instructions; develop, respond to, a collection of information approval: Oral and Written Purchase acquire, install, and utilize technology unless it displays a currently valid OMB Orders, EPA ICR Number 1037.06, OMB and systems for the purposes of control number. The OMB control Control Number 2030–0007, expiration numbers for EPA’s regulations are listed collecting, validating, and verifying date March 31, 2000. The ICR describes in 40 CFR part 9 and 48 CFR Chapter information, processing and the nature of the information collection 15. Reference is made to Section VII D maintaining information, and disclosing and its expected burden and cost; where (Paper Work Reduction Act) of the and providing information; adjust the appropriate, it includes the actual data preamble discussion for additional existing ways to comply with any collection instrument. background on this statutory previously applicable instructions and DATES: Comments must be submitted on requirement. requirements; train personnel to be able or before January 13, 2000. to respond to a collection of The following is a description of the FOR FURTHER INFORMATION CONTACT: For information collection and reporting information; search data sources; a copy of the ICR contact Sandy Farmer requirements of this proposed ICR that complete and review the collection of at EPA by phone at (202) 260–2740, by is needed to satisfy certain sections of information; and transmit or otherwise email at [email protected], or these amendments to the Standards for disclose the information. download off the Internet at http:// the Use or Disposal of Sewage Sludge The EPA would like to solicit www.epa.gov/icr and refer to EPA ICR published on August 4, 1999 at 64 FR comments to: No. 1037.06. For technical information 42551: (i) Evaluate whether the proposed about the collection contact Leigh Pomponio at (202) 564–4364. (A) Information Collection and collection of information is necessary Reporting: Description of Air Dispersion for the proper performance of the SUPPLEMENTARY INFORMATION: Title: Oral Model Selected by the SSIOO, the functions of the agency, including and Written Purchase Orders (OMB Values Used for the Model Parameters, whether the information will have Control No. 2030–0007; EPA ICR No. and the Results of the Air Dispersion 1037.06) expiring 03/31/2000. This is a practical utility; Modeling (§ 503.43(e)(2)) request for extension of a currently (ii) Evaluate the accuracy of the The above-captioned information approved collection. agency’s estimate of the burden of the shall be submitted to the permitting Abstract: When EPA has a authority within 30 days after proposed collection of information, requirement for supplies or services and completion of the modeling. including the validity of the the value of same is under the methodology and assumptions used; simplified acquisition threshold, the (B) Notification of the Permitting (iii) Enhance the quality, utility, and Agency solicits verbal or written quotes Authority: Scheduled Date of the clarity of the information to be from potential vendors. Vendor Incinerator Performance Test collected; and responses are voluntary and generally (§ 503.43(e)(3)(ii)) consist of item name, unit cost, delivery The above-captioned notification (iv) Minimize the burden of the terms, company name, small business shall be given to the permitting collection of information on those who status, address, phone number, and authority at least 30 days prior to the are to respond, including through the point of contact. The Agency uses the performance test to allow the permitting use of appropriate automated electronic, collected information to make award authority to observe the test. The notice mechanical, or other technological decisions and obtain needed supplies shall include a test protocol with collection techniques or other forms of and services. incinerator operating conditions and a information technology, e.g., permitting An agency may not conduct or list of test methods to be used. electronic submission of responses. sponsor, and a person is not required to (C) Information Collection and Dated: December 6, 1999. respond to, a collection of information Reporting: Submission of Numerical unless it displays a currently valid OMB Geoffrey H. Grubbs, Pollutant Limits to the Permitting control number. The OMB control Authority (§ 503.43(e)(4)) Director, Office of Science and Technology. numbers for EPA’s regulations are listed The above-captioned information [FR Doc. 99–32377 Filed 12–13–99; 8:45 am] in 40 CFR part 9 and 48 CFR Chapter developed to satisfy §§ 503.43(c) and (d) BILLING CODE 6560±50±P 15. The Federal Register document shall be submitted to the permitting required under 5 CFR 1320.8(d),
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69757 soliciting comments on this collection ENVIRONMENTAL PROTECTION reports are needed as these are the of information was published on 6/30/ AGENCY Agency’s record of a source’s initial 99 (64 FR 35150); no comments were capability to comply with the emission [FRL±6508±1] received. standard, and serve as a record of the Burden Statement: The annual public Agency Information Collection operating conditions under which reporting and recordkeeping burden for Activities: Submission for OMB compliance was achieved. The this collection of information is Review; Comment Request, Standards monitoring and excess emissions reports estimated to average 15 minutes per of Performance for Fossil-Fuel-Fired are used for problem identification, as a response. Burden means the total time, Steam Generating Units check on source operation and effort, or financial resources expended maintenance, and for compliance by persons to generate, maintain, retain, AGENCY: Environmental Protection determinations. The information or disclose or provide information to or Agency (EPA). collected from recordkeeping and for a Federal agency. This includes the ACTION: Notice. reporting requirements are used for time needed to review instructions; targeting inspections, and for other uses SUMMARY: In compliance with the develop, acquire, install, and utilize in compliance and enforcement Paperwork Reduction Act (44 U.S.C. technology and systems for the purposes programs. 3501 et seq.), this document announces of collecting, validating, and verifying Responses to this information that the following Information information, processing and collection are deemed to be mandatory, Collection Request (ICR) has been maintaining information, and disclosing per section 114(a) of the Clean Air Act. forwarded to the Office of Management and providing information; adjust the The required information consists of and Budget (OMB) for review and existing ways to comply with any emissions data and other information approval: NSPS Subpart D, Standards of previously applicable instructions and that have been determined not to be Performance for Fossil-Fuel-Fired Steam requirements; train personnel to be able private. However, any information Generating Units, OMB Control Number to respond to a collection of submitted to the Agency for which a 2060–0026, expires 1/31/00. The ICR information; search data sources; claim of confidentiality is made will be describes the nature of the information complete and review the collection of safeguarded according to the Agency collection and its expected burden and information; and transmit or otherwise policies set forth in Title 40, Chapter 1, cost; where appropriate, it includes the disclose the information. part 2, subpart B—Confidentiality of actual data collection instrument. Business Information (see 40 CFR part 2; Respondents/Affected Entities: large DATES: Comments must be submitted on 41 FR 36902, September 1, 1976; and small businesses who wish to or before January 13, 2000. amended by 43 FR 40000, September 8, provide supplies and services to EPA. FOR FURTHER INFORMATION CONTACT: For 1978; 43 FR 42251, September 20, 1978; Estimated Number of Respondents: a copy of the ICR contact Sandy Farmer 44 FR 17674, March 23, 1979). 37,492. at EPA by phone at (202) 260–2740, by An agency may not conduct or Frequency of Response: 1 per year. E-Mail at sponsor, and a person is not required to Estimated Total Annual Hour Burden: [email protected] or respond to, a collection of information 9373 hours. download off the Internet at http:// unless it displays a currently valid OMB www.epa.gov/icr and refer to EPA ICR Estimated Total Annualized Capital, control number. The OMB control No. 1052.06. For technical questions Operating/ Maintenance Cost Burden: numbers for EPA’s regulations are listed about the ICR contact Seth Heminway at $0 (zero). in 40 CFR part 9 and 48 CFR Chapter (202) 564–7017. 15. The Federal Register document Send comments on the Agency’s need SUPPLEMENTARY INFORMATION: Title: required under 5 CFR 1320.8(d), for this information, the accuracy of the NSPS Subpart D, Standards of soliciting comments on this collection provided burden estimates, and any Performance for Fossil-Fuel-Fired Steam of information was published on June 4, suggested methods for minimizing Generating Units (OMB No. 2060–0026; 1999 (64 FR 30011); no comments were respondent burden, including through EPA ICR No. 1052.06, expiration date 1/ received. the use of automated collection 31/00). This is a request for extension of Burden Statement: The annual public techniques to the following addresses. a currently approved collection. reporting and recordkeeping burden for Please refer to EPA ICR No. 1037.06 and Abstract: Owners or operators of this collection of information is OMB Control No. 2030–0007 in any steam generating units subject to estimated to average 24 hours per correspondence. subpart D must make one-time-only response. Burden means the total time, Ms. Sandy Farmer, U.S. Environmental notifications of construction/ effort, or financial resources expended Protection Agency, Office of reconstruction, anticipated and actual by persons to generate, maintain, retain, Environmental Information, startup, initial performance test, or disclose or provide information to or Collection Strategies Division (2822), physical or operational changes, and for a Federal agency. This includes the 401 M Street, SW., Washington, DC demonstration of a continuous time needed to review instructions; 20460; and monitoring system. They must also develop, acquire, install, and utilize Office of Information and Regulatory submit reports on initial performance technology and systems for the purposes Affairs, Office of Management and test results, monitoring system of collecting, validating, and verifying Budget, Attention: Desk Officer for performance, and excess emissions. information, processing and EPA, 725 17th Street, NW., Records must be maintained of startups, maintaining information, and disclosing Washington, DC 20503. shutdowns, malfunctions, and periods and providing information; adjust the when the continuous monitoring system existing ways to comply with any Dated: December 10, 1999. is inoperative. previously applicable instructions and Oscar Morales, The required notifications are used to requirements; train personnel to be able Director, Collection Strategies Division. inform the Agency or delegated to respond to a collection of [FR Doc. 99–32381 Filed 12–13–99; 8:45 am] authority when a source becomes information; search data sources; BILLING CODE 6560±50±P subject to the standard. Performance test complete and review the collection of
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69758 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices information; and transmit or otherwise DATES: Comments must be submitted on processing facilities, mercury chlor- disclose the information. or before January 13, 2000. alkali plants, including the cell room Respondents/Affected Entities: FOR FURTHER INFORMATION CONTACT: For ventilation system, and sludge Owners/operators of Fossil Fuel Fired a copy of the ICR contact Sandy Farmer incineration and drying plants cause or Steam Generating Units. at EPA by phone at (202) 260–2740, by contribute to air pollution that may Estimated Number of Respondents: E-Mail at reasonably be anticipated to endanger 660. [email protected] or public health or welfare. Frequency of Response: Quarterly. download off the Internet at http:// In order to ensure compliance with Estimated Total Annual Hour Burden: www.epa.gov/icr and refer to EPA ICR the standards promulgated to protect 62,865 hours. No. 0113.07. For technical questions public health, adequate recordkeeping Estimated Total Annualized Capital, about the ICR contact Melissa Raack at and reporting is necessary. In the O&M Cost Burden: $9,900,000. (202) 564–7039. absence of such information Send comments on the Agency’s need SUPPLEMENTARY INFORMATION: Title: enforcement personnel would be unable for this information, the accuracy of the National Emission Standard for to determine whether the standards are provided burden estimates, and any Mercury, (OMB Control No. 2060–0097; being met on a continuous basis, as suggested methods for minimizing EPA ICR No. 0113.07) expiring January required by the Clean Air Act. respondent burden, including through 31, 2000. This is a request for extension Recordkeeping and reporting are the use of automated collection of a currently approved collection. mandatory under this regulation. techniques to the following addresses. Abstract: Abstract: The National Records of emission test results and Please refer to EPA ICR No. 1052.06 and Emission Standards for Hazardous Air other data needed to determine total OMB Control No. 2060–0026 in any Pollutants (NESHAP) for Mercury emissions shall be maintained at the correspondence. emissions (40 CFR part 61, subpart E) source and made available for Ms. Sandy Farmer, U.S. Environmental were proposed on December 7, 1971, inspection for a minimum of two years. Protection Agency, Office of promulgated on April 6, 1973, and An Agency may not conduct or Environmental Information, amended on October 14, 1975 and sponsor, and a person is not required to Collection Strategies Division (2822), March 19, 1987. These standards apply respond to, a collection of information 401 M Street, SW., Washington, DC to all stationary sources which process unless it displays a currently valid OMB 20460; and mercury ore to recover mercury, use Office of Information and Regulatory control number. The OMB control mercury chlor-alkali cells to produce numbers for EPA’s regulations are listed Affairs, Office of Management and chlorine gas and alkali metal hydroxide, Budget, Attention: Desk Officer for in 40 CFR part 9 and 48 CFR Chapter and incinerate or dry wastewater 15. The Federal Register document EPA, 725 17th Street, NW., treatment plant sludge. Approximately Washington, DC 20503. required under 5 CFR 1320.8(d), 142 sources (133 sludge incineration soliciting comments on this collection Dated: December 8, 1999. and drying plants and 12 mercury-cell of information was published on June Oscar Morales, chlor-alkali plants) are currently subject 22, 1999 ( 64 FR 33284); one comment Director, Collection Strategies Division. to the standard; and no additional was received; however, there was no [FR Doc. 99–32382 Filed 12–13–99; 8:45 am] sources are expected to become subject comment received on adjusting the BILLING CODE 6560±50±P to the standard in the next three years. burden figures. Mercury is the pollutant regulated Burden Statement: The annual public under this standard. Owners or reporting and recordkeeping burden for operators of the affected facilities ENVIRONMENTAL PROTECTION this collection of information is described must make the following one- AGENCY estimated to average 1,104 hours per time-only reports: notification of the response. Burden means the total time, [FRL±6508±2] date of construction or reconstruction; effort, or financial resources expended notification of the anticipated and Agency Information Collection by persons to generate, maintain, retain, actual dates of startup; notification of Activities: Submission for OMB or disclose or provide information to or any physical or operational change to an Review; Comment Request, National for a Federal agency. This includes the existing facility which may increase the Emission Standard for Mercury time needed to review instructions; regulated pollutant emission rate; develop, acquire, install, and utilize AGENCY: notification of the date of the initial Environmental Protection technology and systems for the purposes performance test; and the results of the Agency (EPA). of collecting, validating, and verifying initial performance test. Owners or ACTION: Notice. information, processing and operators are also required to maintain maintaining information, and disclosing SUMMARY: In compliance with the records of the occurrence and duration and providing information; adjust the Paperwork Reduction Act (44 U.S.C. of any startup, shutdown, or existing ways to comply with any 3501 et seq.), this document announces malfunction in the operation of an previously applicable instructions and that the following Information affected facility, or any period during requirements; train personnel to be able Collection Request (ICR) has been which the monitoring system is to respond to a collection of forwarded to the Office of Management inoperative. A written report of each information; search data sources; and Budget (OMB) for review and period for which hourly monitored complete and review the collection of approval: National Emission Standard parameters fall outside their established information; and transmit or otherwise for Mercury, OMB 2060–0097, limits is required semi-annually for disclose the information. expiration date January 31, 2000. The mercury-cell chlor-alkali plants. These ICR describes the nature of the notifications, reports and records are Respondents/Affected Entities: information collection and its expected required, in general, of all sources Owners/operators of sources which burden and cost; where appropriate, it subject to NESHAP. process mercury. includes the actual data collection In the Administrator’s judgment, Estimated Number of Respondents: instrument. mercury emissions from mercury ore 142.
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Frequency of Response: semiannual ENVIRONMENTAL PROTECTION performance measures. MSD’s requested for existing sources (chlor-alkali AGENCY flexibility will be finalized once data is facilities). analyzed and performance measures [FRL±6508±6] Estimated Total Annual Hour Burden: identified. The Final Project Agreement 26,504 hours. Regulatory Reinvention (XL) Pilot will include details of MSD’s requested Estimated Total Annualized Capital, Projects flexibility and commensurate superior O&M Cost Burden: $0. environmental performance. A notice of Send comments on the Agency’s need AGENCY: Environmental Protection availability and request for comment on for this information, the accuracy of the Agency (EPA). the Final Project Agreement will be provided burden estimates, and any ACTION: Notice of availability of published in the Federal Register at a suggested methods for minimizing Louisville and Jefferson County later date. respondent burden, including through Metropolitan Sewer District (MSD) MSD has proposed this project for a the use of automated collection Pretreatment Project XL Draft Phase I watershed which is not currently techniques to the following addresses. Project Agreement (PPA). meeting its use designation. In an effort Please refer to EPA ICR No. 0113.07 and to reduce pollutant loadings and reach OMB Control No. 2060–0097 in any SUMMARY: EPA is today requesting use designation, MSD will identify correspondence. comments on a draft Project XL Phase I Project Agreement for MSD. The Phase desirable loading patterns within the Ms. Sandy Farmer, U.S. Environmental watershed, including loadings to the Protection Agency, Office of I PA is a voluntary agreement developed collaboratively by MSD, stakeholders, collection system and treatment plants, Environmental Information, stormwater facilities, and from plants Collection Strategies Division (2822), the state of Kentucky, and EPA. Project XL, announced in the Federal Register and facilities to receiving waters. MSD 401 M Street, SW, Washington, DC plans to use pretreatment program 20460; and on May 23, 1995 (60 FR 27282), gives requirement alternatives to encourage Office of Information and Regulatory regulated sources the flexibility to industry’s aid in funding non-traditional Affairs, Office of Management and develop alternative strategies that will Budget, Attention: Desk Officer for replace or modify specific regulatory water quality controls such as creating EPA, 725 17th Street, NW, requirements on the condition that they riparian zones and planting trees. Washington, DC 20503. produce greater environmental benefits The current MSD XL proposal defers than would have been achieved without Oscar Morales, any request for Agency consideration of the flexibility. This Phase 1 Project XL regulatory flexibility until the Director, Collection Strategies Division. Agreement is the first phase of a two- [FR Doc. 99–32383 Filed 12–13–99; 8:45 am] completion of data collection in the first part agreement between EPA and MSD. phase of the project. Therefore MSD’s BILLING CODE 6560±50±P It spells out the intentions of MSD and Phase I Agreement describes a process EPA related to data collection and to conduct data collection and development of pretreatment development of pretreatment ENVIRONMENTAL PROTECTION performance measures and program AGENCY performance measures, program redevelopment. Due to the phased redevelopment, and program [FRL±6508±8] approach of the project and the data implementation. The proposal, and collection and analyses that need to be Science Advisory Board; Notification supplemental information provided to accomplished by MSD prior to EPA, does set forth the following of Public Advisory Committee Meeting; determination of any requested Open Meeting regulatory areas as potentially requiring regulatory flexibility, EPA and MSD regulatory flexibility in the next phases Pursuant to the Federal Advisory have adopted a phased approach to the of the project: significant Committee Act, Public Law 92–463, Project XL Agreement. This Phase 1 noncompliance; monitoring and notice is hereby given that the public Agreement contains as much detail as inspections; reporting; and definition of teleconference meeting of the Science possible at this time regarding the significant industrial user (SIU). Upon Advisory Board’s (SAB) Integrated Risk project and the intentions of each party. the completion of the data gathering Project Subcommittee of the Executive The Final Project Agreement between activities, EPA will work with MSD to Committee scheduled for Monday, EPA and MSD will be signed in the develop and articulate more specifically December 20, 1999 between the hours of future to implement Pretreatment the environmental benefits associated 1:00 pm–3:00 pm has been canceled and Program reinvention. with the flexibility considered in MSD’s MSD plans to redesign its will likely be rescheduled during proposal (e.g., pollution prevention pretreatment program at the January 2000. Any member of the public measures or other environmental Jeffersontown WWTP, establishing links wishing further information concerning improvements). An FPA will be between wastewater programs (such as the cancellation of the meeting should negotiated upon receipt of sufficient collection system, storm water, sludge), contact John R. Fowle III, Designated data for the Agency to evaluate the and move towards a more holistic Federal Officer for the Integrated Risk proposed SEP and associated regulatory watershed protection strategy Project Subcommittee, Science Advisory flexibility. The site specific rulemaking (Chenoweth Run watershed). Board (1400), U.S. Environmental setting forth the specific regulatory Information gathering and sharing are Protection Agency, Washington DC flexibility to be implemented will be important aspects of this proposal. 20460; telephone (202) 564–4547; FAX developed and will ensure that the Resources will be shifted from the (202) 501–0323; or via e-mail at project will fully comply with pretreatment program and applied
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ADDRESSES: All comments on the draft program meets the requirements for the ‘‘Federal Register--Environmental Final Project Agreement should be sent approval of a State program under Documents.’’ You can also go directly to to: Melinda Greene, USEPA REGION 4, section 404 of TSCA. Therefore, the Federal Register listings at http:// 61 Forsyth Street, S.W., Atlanta, GA pursuant to section 404, the program is www.epa.gov/fedrgstr/. 30303–8960. Comments may also be deemed authorized as of the date of 2. In person. The Agency has faxed to Ms. Greene at (404) 562–9728. submission. If EPA finds that the established an official record for this Comments will also be received via program does not meet the requirements action under docket control number PB– electronic mail sent to: for approval of a State program, EPA 402404–PR. The official record consists [email protected]. will disapprove the program, at which of the documents specifically referenced FOR FURTHER INFORMATION CONTACT: To time a notice will be issued in the in this action, this notice, the obtain a copy of the draft Phase I Project Federal Register and the Federal Commonwealth of Puerto Rico’s Agreement, contact: Melinda Greene, program will take effect in Puerto Rico. authorization application, any public USEPA REGION 4, 61 Forsyth Street, DATES: Comments, identified by docket comments received during an applicable S.W., Atlanta, GA 30303–8960. The control number PB–402404–PR, must be comment period, and other information document is also available via the received on or before January 28, 2000. related to this action, including any Internet at the following location: In addition, a public hearing request information claimed as Confidential ‘‘http://www.epa.gov/ProjectXL’’. In may be submitted on or before January Business Information (CBI). This official addition, public files on the Project are 28, 2000. record includes the documents that are located at EPA Region 4 in Atlanta. ADDRESSES: Comments and the public physically located in the docket, as well Questions to EPA regarding the hearing request may be submitted by as the documents that are referenced in documents can be directed to Melinda mail, electronically, or in person. Please those documents. The public version of Greene at (404) 562–9771, or Chad follow the detailed instructions for each the official record does not include any Carbone at (202) 260–4296. Additional method as provided in Unit I. of the information claimed as CBI. The public information on Project XL, including ‘‘SUPPLEMENTARY INFORMATION.’’ version of the official record, which includes printed, paper versions of any documents referenced in this notice, To ensure proper receipt by EPA, it is electronic comments submitted during other EPA policy documents related to imperative that you identify docket an applicable comment period, is Project XL, application information, and control number PB–402404–PR in the available for inspection from 8 a.m. to descriptions of existing XL projects and subject line on the first page of your 4:30 p.m., Monday through Friday, proposals, is available via the Internet at response. excluding legal holidays. The docket is ‘‘http://www.epa.gov/ProjectXL’’. FOR FURTHER INFORMATION CONTACT: located at the EPA Region II Office, Dated: December 6, 1999. Louis Bevilacqua, Regional Lead Coordinator, Pesticides and Toxic Environmental Protection Agency, Lisa Lund, Substances Branch, Environmental Pesticides and Toxic Substances Deputy Associate Administrator for Protection Agency, Region II, 2890 Branch, Building 209, Bay B, Lead Team Reinvention Programs, Office of Reinvention. Woodbridge Avenue, MS-225, Edison, Office, 2890 Woodbridge Avenue, [FR Doc. 99–32380 Filed 12–13–99; 8:45 am] NJ 08837–3679. telephone: (732) 321– Edison, NJ. BILLING CODE 6560±50±P 6671; e-mail address: C. How and to Whom Do I Submit [email protected]. Comments and Hearing Requests? SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION You may submit comments and AGENCY I. General Information hearing requests through the mail, in person, or electronically. To ensure [PB±402404±PR; FRL±6383±8] A. Does this Action Apply to Me? proper receipt by EPA, it is imperative Lead-Based Paint Activities in Target This action is directed to the public that you identify docket control number Housing and Child-Occupied Facilities; in general. This action may, however, be PB–402404–PR in the subject line on the Commonwealth of Puerto Rico of interest to firms and individuals first page of your response. Authorization Application engaged in lead-based paint activities in 1. By mail. Submit your comments Puerto Rico. Since other entities may and hearing requests to: Environmental AGENCY: Environmental Protection also be interested, the Agency has not Protection Agency, Region II, Pesticides Agency (EPA). attempted to describe all the specific and Toxic Substances Branch, 2890 ACTION: Notice. entities that may be affected by this Woodbridge Avenue, MS-225, Edison, action. If you have any questions NJ 08837–3679. SUMMARY: On August 6, 1999, the regarding the applicability of this action 2. In person or by courier. Deliver Commonwealth of Puerto Rico to a particular entity, consult the person your comments and hearing requests to: submitted an application for EPA listed under ‘‘FOR FURTHER Environmental Protection Agency, approval to administer and enforce INFORMATION CONTACT.’’ Pesticides and Toxic Substances training and certification requirements, Branch, Building 209, Bay B, Lead Team training program accreditation B. How Can I Get Additional Office, 2890 Woodbridge Avenue, requirements, and work practice Information, Including Copies of this Edison, NJ. The regional office is open standards for lead-based paint activities Document or Other Related Documents? from 8 a.m. to 4:30 p.m., Monday in target housing and child-occupied 1. Electronically. You may obtain through Friday, excluding legal facilities under section 402 of the Toxic electronic copies of this document, and holidays. Substances Control Act (TSCA). This certain other related documents that 3. Electronically. You may submit notice announces the receipt of Puerto might be available electronically, from your comments and hearing requests Rico’s application, provides a 45–day the EPA Internet Home Page at http:// electronically by e-mail to: public comment period, and provides www.epa.gov/. To access this ‘‘[email protected]’’ or an opportunity to request a public document, on the Home Page select mail your computer disk to the address hearing on the application. Puerto Rico ‘‘Laws and Regulations’’ and then look identified above. Do not submit any has provided a certification that its up the entry for this document under information electronically that you
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69761 consider to be CBI. Electronic comments Pursuant to section 404(b) of TSCA least as protective of human health and and hearing requests must be submitted (15 U.S.C. 2684(b)), EPA provides notice the environment as the Federal program, as an ASCII file avoiding the use of and an opportunity for a public hearing and provides for adequate enforcement special characters and any form of on a State or Tribal program application (section 404(b) of TSCA, 15 U.S.C. encryption. Comments and data and before approving the application. 2684(b)). EPA’s regulations (40 CFR part hearing requests will also be accepted Therefore, by this notice EPA is 745, subpart Q) provide the detailed on standard disks in WordPerfect 6.1/ soliciting public comment on whether requirements a State or Tribal program 8.0 or ASCII file format. All comments the Commonwealth of Puerto Rico’s must meet in order to obtain EPA and hearing requests in electronic form application meets the requirements for approval. must be identified by docket control EPA approval. This notice also provides A State may choose to certify that its number PB–402404–PR. Electronic an opportunity to request a public lead-based paint activities program comments and hearing requests may hearing on the application. If a hearing meets the requirements for EPA also be filed online at many Federal is requested and granted, EPA will issue approval, by submitting a letter signed Depository Libraries. a Federal Register notice announcing by the Governor or Attorney General the date, time, and place of the hearing. stating that the program meets the D. How Should I Handle CBI EPA’s final decision on the application requirements of section 404(b) of TSCA. Information That I Want to Submit to will be published in the Federal Upon submission of such certification the Agency? Register. letter, the program is deemed Do not submit any information B. What is the Agency’s Authority for authorized. This authorization becomes electronically that you consider to be Taking this Action? ineffective, however, if EPA disapproves CBI. You may claim information that the application or withdraws the On October 28, 1992, the Housing and program authorization. you submit to EPA in response to this Community Development Act of 1992, document as CBI by marking any part or Public Law 102–550, became law. Title III. State Program Description all of that information as CBI. X of that statute was the Residential Summary Information so marked will not be Lead-Based Paint Hazard Reduction Act The following summary of the disclosed except in accordance with of 1992. That Act amended TSCA (15 procedures set forth in 40 CFR part 2. Commonwealth of Puerto Rico’s U.S.C. 2601 et seq.) by adding Title IV proposed program has been provided by In addition to one complete version of (15 U.S.C. 2681–2692), entitled ‘‘Lead the comment that includes any the applicant. Exposure Reduction.’’ The Commonwealth of Puerto Rico, information claimed as CBI, a copy of Section 402 of TSCA authorizes and through the Environmental Quality the comment that does not contain the directs EPA to promulgate final Board, has implemented its Lead-Based information claimed as CBI must be regulations governing lead-based paint submitted for inclusion in the public activities in target housing, public and Paint Program based on the following version of the official record. commercial buildings, bridges, and outlined structure. Information not marked confidential other structures. Those regulations are In December 1997 and June 1998, the will be included in the public version to ensure that individuals engaged in Legislature passed an amendment to the of the official record without prior such activities are properly trained, that Environmental Public Policy Act (Law notice. If you have any questions about training programs are accredited, and No. 9) of June 18, 1970, as amended, 12 CBI or the procedures for claiming CBI, that individuals engaged in these L.P.R.A. 1121, et. seq., which authorizes please consult the person identified activities are certified and follow the Puerto Rico Environmental Quality under ‘‘FOR FURTHER INFORMATION documented work practice standards. Board to be the government agency CONTACT.’’ Under section 404 of TSCA, a State may responsible for the implementation, seek authorization from EPA to administration, and enforcement of the II. Background administer and enforce its own lead- Puerto Rico Lead Permit and Certification Program. A. What Action is the Agency Taking? based paint activities program. On August 29, 1996 (61 FR 45777) The Environmental Quality Board The Commonwealth of Puerto Rico (FRL–5389–9), EPA promulgated final adopted the Regulations for the Control has provided a certification letter stating TSCA section 402/404 regulations of Lead-Based Paint Abatement that its lead-based paint training and governing lead-based paint activities in Activities, Chapter 1500 on May 26, certification program meets the target housing and child-occupied 1999. These rules were approved by the requirements for authorization of a State facilities (a subset of public buildings). Secretary of State and became effective program under section 404 of TSCA and Those regulations are codified at 40 CFR on June 28, 1999. has requested approval of the Puerto part 745, and allow both States and Law No. 9, as amended, and the Rico lead-based paint training and Indian Tribes to apply for program Regulations for the Control of Lead- certification program. Therefore, authorization. Pursuant to section Based Paint Abatement Activities pursuant to section 404 of TSCA, the 404(h) of TSCA, EPA is to establish the establish the following: program is deemed authorized as of the Federal program in any State or Tribal Legal Authority, 1502 date of submission (i.e., August 6, 1999). Nation without its own authorized These rules are promulgated pursuant If EPA subsequently finds that the program in place by August 31, 1998. to the authority conferred to the program does not meet all the States and Tribes that choose to apply Environmental Board by Act Number 9 requirements for approval of a State for program authorization must submit of June 18, 1970, 12 L.P.R.A. 1121, et. program, EPA will work with the State a complete application to the seq., as amended. to correct any deficiencies in order to appropriate Regional EPA Office for Definitions, 1503 approve the program. If the deficiencies review. Those applications will be These rules contain definitions for the are not corrected, a notice of reviewed by EPA within 180 days of clarification of content. disapproval will be issued in the receipt of the complete application. To Purpose, 1510 Federal Register and a Federal program receive EPA approval, a State or Tribe These rules contain background will be implemented in the State. must demonstrate that its program is at information on the purpose for
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69762 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices establishing lead-based paint revocation, and modifications of FEDERAL DEPOSIT INSURANCE regulations. certification. CORPORATION Scope and Applicability, 1511 Work Practice Standards for Conducting These rules contain procedures and Lead-Based Paint Activities for Target Agency Information Collection requirements for the accreditation of Housing and Child-Occupied Facilities, Activities: Submission for OMB lead-based paint activities training 1550–1569 Review; Comment Request programs, procedures and requirements These rules contain procedures and AGENCY: Federal Deposit Insurance for the certification of individuals and requirements for conducting lead-based Corporation (FDIC). firms engaged in lead-based paint paint activities which include, but are ACTION: Notice of information collection activities, and standards for performing not limited to, inspections, lead hazard to be submitted to OMB for review and such activities. These rules also contain screens, risk assessments, notification, approval under the Paperwork requirements that all lead-based paint abatement, project approval, fee Reduction Act of 1995. activities in target housing and child- assessment, composite sampling, occupied facilities shall be performed laboratory analysis, notification, permit SUMMARY: In accordance with by certified individuals and firms. conditions, manifest and recordkeeping requirements of the Paperwork These rules do not require the requirements. Reduction Act of 1995 (44 U.S.C. 3501 mandatory abatement of lead-based Lead Clearance Levels, 1570 et seq.), the FDIC hereby gives notice paint. Clearance procedures shall be that it plans to submit to the Office of Compliance Inspections; Authority to conducted on all abatement projects by Management and Budget (OMB) a Enter, 1512 a certified risk assessor or lead inspector request for OMB review and approval of These rules contain authority for after appropriate cleaning has been the information collection system Environmental Quality Board members, completed. Compliance levels are described below. agents, or employees to enter and designated in this section. Type of Review: Renewal of a examine a facility periodically and IV. Federal Overfiling currently approved collection. unannounced for compliance with lead Title: Interagency Notice of Change in regulation requirements. Section 404(b) of TSCA makes it Control. Generic Provisions, 1513, 1514, 1515 unlawful for any person to violate, or OMB Number: 3064–0019. These rules contain requirements for fail or refuse to comply with, any Annual Burden: generic provisions. requirement of an approved State or Estimated annual number of Generic Prohibitions, 1520 Tribal program. Therefore, EPA reserves respondents:—50 These rules contain requirements for the right to exercise its enforcement Estimated time per response:—30 generic prohibitions. authority under TSCA against a hours Failure to Comply, 1521 violation of, or a failure or refusal to Average annual burden hours:— These rules contain authority for the comply with, any requirement of an 1,500 hours Environmental Quality Board to execute authorized State or Tribal program. penalties for violating the regulations. Expiration Date of OMB Clearance: Accreditation of Training Programs for V. Submission to Congress and the January 31, 2000. Target Housing and Child-Occupied General Accounting Office OMB Reviewer: Alexander T. Hunt, Facilities, 1530–1539 The Congressional Review Act, 5 (202) 395–7860, Office of management These rules contain procedures and U.S.C. 801 et seq., as added by the Small and Budget, Office of Information and requirements for the accreditation of Business Regulatory Enforcement Regulatory Affairs, Washington, D.C. training programs which include, but Fairness Act of 1996, generally provides 20503. are not limited to, minimum that before certain actions may take FDIC Contact: Tamara R. Manly, (202) requirements for the approval of effect, the agency promulgating the 898–7453, Office of the Executive training program’s application, action must submit a report, which Secretary, Room F–4058, Federal curriculum requirements, training hour includes a copy of the action, to each Deposit Insurance Corporation, 550 17th requirements, hands-on training House of the Congress and to the Street N.W., Washington, D.C. 20429. requirements, examinations of Comptroller General of the United Comments: Comments on this competency and proficiency, States. EPA will submit a report collection of information are welcome assessment of fees, on-site audits containing this action and other and should be submitted on or before requirements, quality control, required information to the U.S. Senate, January 13, 2000 to both the OMB notification and recordkeeping, and the U.S. House of Representatives, and reviewer and the FDIC contact listed reasons for suspension, revocation, and/ the Comptroller General of the United above. or modification of a training program. States prior to publication of this ADDRESSES: Information about this Certification Requirements and document in the Federal Register. This submission, including copies of the Application Procedures for Individuals action is not a ‘‘major rule’’ as defined proposed collection of information, may and Firms, 1540–1549 by 5 U.S.C. 804(2). be obtained by calling or writing the These rules contain procedures and FDIC contact listed above. List of Subjects requirements for the certification of SUPPLEMENTARY INFORMATION: The individuals and firms engaged in lead- Environmental protection, Hazardous Interagency Notice of Change in Control based paint activities, which include, substances, Lead, Reporting and is submitted regarding any person but are not limited to, educational and recordkeeping requirements. proposing to acquire ownership control experience requirements, completion of Dated: November 1, 1999. of an insured state nonmember bank. an approved training program, and third William J. Muszynski, The information is used by the FDIC to party exam. It also includes fees, determine whether the competence, Acting Administrator, Region II. renewal requirements, reciprocity, experience, or integrity of any acquiring grandfathering, compliance with work [FR Doc. 99–32386 Filed 12–13–99; 8:45 am] person, indicates that it would not be in practice standards, and suspension, BILLING CODE 6560±50±F the interest of the depositors of the bank
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69763 or in the interest of the public, to permit Report is submitted to the FDIC by each PERSON TO CONTACT FOR INFORMATION: such persons to control the bank. individual director or officer of a Ron Harris, Press Officer, Telephone Dated: December 8, 1999. proposed or operating financial (202) 694–1220. Federal Deposit Insurance Corporation. institution applying for federal deposit Mary W. Dove, insurance as a state nonmember bank. Robert E. Feldman, Acting Secretary. The information is used by the FDIC to Executive Secretary. [FR Doc. 99–32523 Filed 12–10–99; 3:18 pm] evaluate the general character of bank [FR Doc. 99–32314 Filed 12–13–99; 8:45 am] management as required by the Federal BILLING CODE 6715±01±M BILLING CODE 6714±01±M Deposit Insurance Act. Dated: December 8, 1999. FEDERAL EMERGENCY FEDERAL DEPOSIT INSURANCE Federal Deposit Insurance Corporation. MANAGEMENT AGENCY CORPORATION Robert E. Feldman, [FEMA±3140±EM] Executive Secretary. Agency Information Collection [FR Doc. 99–32315 Filed 12–13–99; 8:45 am] Activities: Subcommission for OMB California; Amendment No. 7 to Notice Review; Comment Request BILLING CODE 6714±01±M of an Emergency Declaration AGENCY: Federal Deposit Insurance AGENCY: Federal Emergency Corporation (FDIC). FEDERAL DEPOSIT INSURANCE Management Agency (FEMA). ACTION: Notice of information collection CORPORATION ACTION: Notice. to be submitted to OMB for review and Sunshine Act Meeting approval under the Paperwork SUMMARY: This notice amends the notice Reduction Act of 1995. Pursuant to the provisions of the of an emergency declaration for the ‘‘Government in the Sunshine Act’’ (5 State of California (FEMA–3140–EM), SUMMARY: In accordance with U.S.C. 552b), notice is hereby given that dated September 1, 1999, and related requirements of the Paperwork at 10:30 a.m. on Tuesday, December 14, determinations. Reduction Act of 1995 (44 U.S.C. 3501 1999, the Federal Deposit Insurance EFFECTIVE DATE: November 29, 1999. et seq.), the FDIC hereby gives notice Corporation’s Board of Directors will FOR FURTHER INFORMATION CONTACT: that it plans to submit to the Office of meet in closed session, pursuant to Madge Dale, Response and Recovery Management and Budget (OMB) a sections 552b(c)(2), (c)(8), (c)(9)(A)(ii), Directorate, Federal Emergency request for OMB review and approval of and (c)(9)(B)—of Title 5, United States Management Agency, Washington, DC the information collection system Code, to consider (1) matters relating to 20472, (202) 646–3772. described below. Type of Review: Renewal of a the Corporation’s corporate and SUPPLEMENTARY INFORMATION: Notice is currently approved collection. supervisory activities, (2) reports of the hereby given that the incident period for Title: Interagency Biographical and Office of Inspector General, and (3) this emergency is closed effective Financial Report. personnel matters. November 29, 1999. OMB Number: 3064–0006. The meeting will be held in the Board Room on the sixth floor of the FDIC (The following Catalog of Federal Domestic Annual Burden: Assistance Numbers (CFDA) are to be used Estimated annual number of Building located at 550—17th Street, for reporting and drawing funds: 83.537, respondents: 2,200 N.W., Washington, D.C. Community Disaster Loans; 83.538, Cora Estimated time per response: 4 hours Requests for further information Brown Fund Program; 83.539, Crisis Average annual burden hours: 8,800 concerning the meeting may be directed Counseling; 83.540, Disaster Legal Services hours to Mr. Robert E. Feldman, Executive Program; 83.541, Disaster Unemployment Expriation Date of OMB Clearance: Secretary of the Corporation, at (202) Assistance (DUA); 83.542, Fire Suppression 898–6757. Assistance; 83.543, Individual and Family January 31, 2000. Grant (IFG) Program; 83.544, Public OMB Reviewer: Alexander T. Hunt, Dated: December 10, 1999. Assistance Grants; 83.545, Disaster Housing (202) 395–7860, Office of Management Federal Deposit Insurance Corporation. Program; 83.548, Hazard Mitigation Grant and Budget, Office of Information and James D. LaPierre, Program) Regulatory Affairs, Washington, DC Deputy Executive Secretary. Lacy E. Suiter, 20503. [FR Doc. 99–32483 Filed 12–10–99; 12:48 Executive Associate Director, Response and FDIC Contact: Tamara R. Manly, (202) pm] Recovery Directorate. 898–7453, Office of the Executive [FR Doc. 99–32350 Filed 12–13–99; 8:45 am] Secretary, Room F–4058, Federal BILLING CODE 6714±01±M Deposit Insurance Corporation, 550 17th BILLING CODE 6718±02±P Street NW., Washington, DC 20429. FEDERAL ELECTION COMMISSION Comments: Comments on this FEDERAL EMERGENCY collection of information are welcome Sunshine Act Meeting MANAGEMENT AGENCY and should be submitted on or before January 13, 2000 to both the OMB DATE AND TIME: Thursday, December 16, [FEMA±3153±EM] reviewer and the FDIC contact listed 1999 at 10:00 a.m. Massachusetts; Emergency and above. PLACE: 999 E Street, NW, Washington, Related Determinations ADDRESSES: Information about this DC (Ninth Floor). submission, including copies of the STATUS: This meeting will be open to the AGENCY: Federal Emergency proposed collection of information, may public. Management Agency (FEMA). be obtained by calling or writing the The following item has been added to ACTION: Notice. FDIC contact listed above. the agenda: Patrick J. Buchanan and SUPPLEMENTARY INFORMATION: The Buchanan Reform, Inc—Impact of Party SUMMARY: This is a notice of the Interagency Biographical and Financial Change on Eligibility (LRA #569). Presidential declaration of an
VerDate 29-OCT-99 19:52 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm01 PsN: 14DEN1 69764 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices emergency for the Commonwealth of Assistance (DUA); 83.542, Fire Suppression SUMMARY: In accordance with 44 CFR Massachusetts (FEMA–3153–EM), dated Assistance; 83.543, Individual and Family Part 354 and consistent with FEMA December 6, 1999, and related Grant (IFG) Program; 83.544, Public Rule, CFR Part 354, published in the determinations. Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant Federal Register on March 24, 1995, 60 EFFECTIVE DATE: December 6, 1999. Program) FR 15628, FEMA has established a fiscal FOR FURTHER INFORMATION CONTACT: James L. Witt, year (FY) 2000 hourly rate of $34.64 for Madge Dale, Response and Recovery Director. assessing and collecting fees from Directorate, Federal Emergency Nuclear Regulatory Commission (NRC) [FR Doc. 99–32352 Filed 12–13–99; 8:45 am] Management Agency, Washington, DC licensees for services provided by 20472, (202) 646–3772. BILLING CODE 6718±02±P FEMA personnel for FEMA’s REP SUPPLEMENTARY INFORMATION: Notice is Program. hereby given that, in a letter dated FEDERAL EMERGENCY DATES: This user fee hourly rate is December 6, 1999, the President MANAGEMENT AGENCY effective for FY 2000 (October 1, 1999, declared an emergency under the to September 30, 2000). authority of the Robert T. Stafford [FEMA±3153±EM] Disaster Relief and Emergency FOR FURTHER INFORMATION CONTACT: Massachusetts; Amendment No. 1 to Mr. Assistance Act (42 U.S.C. 5121 et seq.), Notice of an Emergency Declaration Russell Salter, Division Director, as follows: Chemical and Radiological I have determined that the emergency AGENCY: Federal Emergency Preparedness Division, Preparedness, conditions in certain areas of the Management Agency (FEMA). Training and Exercises Directorate, Commonwealth of Massachusetts, resulting ACTION: Notice. Federal Emergency Management from a fire beginning on December 3, 1999, Agency, 500 C Street SW., Washington, and continuing, is of sufficient severity and SUMMARY: This notice amends the notice DC 20472, (202) 646–3030, or (email) magnitude to warrant an emergency of an emergency for the Commonwealth [email protected]. declaration under the Robert T. Stafford of Massachusetts, (FEMA–3153–EM), Disaster Relief and Emergency Assistance dated December 6, 1999, and related SUPPLEMENTARY INFORMATION: As Act, P.L. 93–288, as amended (‘‘the Stafford authorized by Public Law 105–276, 112 Act’’). I, therefore, declare that such an determinations. emergency exists in the Commonwealth of EFFECTIVE DATE: December 7, 1999. Stat. 2461, we will charge an hourly user fee rate of $34.64 to NRC licensees Massachusetts. FOR FURTHER INFORMATION CONTACT: You are authorized to provide emergency Madge Dale, Response and Recovery of commercial nuclear power plants for protective measures (Category B) under the all site-specific biennial exercise related Public Assistance Program. You are Directorate, Federal Emergency Management Agency, Washington, DC services provided by FEMA personnel specifically authorized to provide for the for FEMA’s REP Program under 44 CFR activation and deployment of search and 20472, (202) 646–3772. Part 354. We will deposit funds that we rescue teams in Worcester County. SUPPLEMENTARY INFORMATION: The notice collect under this rule in the REP In order to provide Federal assistance, you of an emergency for the Commonwealth are hereby authorized to allocate from funds of Massachusetts is hereby amended to Program Fund to offset the actual costs available for these purposes, such amounts as include reimbursement for the overtime by FEMA for its REP Program. you find necessary for Federal disaster assistance and administrative expenses. costs of police and fire personnel. We established the hourly rate on the Further, you are authorized to make (The following Catalog of Federal Domestic basis of the methodology set forth in 44 changes to this declaration to the extent Assistance Numbers (CFDA) are to be used CFR 354.4(b), ‘‘Determination of site- allowable under the Stafford Act. for reporting and drawing funds: 83.537, specific biennial exercise related Notice is hereby given that pursuant Community Disaster Loans; 83.538, Cora component for FEMA personnel,’’ and to the authority vested in the Director of Brown Fund Program; 83.539, Crisis will use the rate to assess and collect Counseling; 83.540, Disaster Legal Services the Federal Emergency Management fees for site-specific biennial exercise Program; 83.541, Disaster Unemployment related services rendered by FEMA Agency under Executive Order 12148, I Assistance (DUA); 83.542, Fire Suppression hereby appoint Sharon Lee Stoffel of the Assistance; 83.543, Individual and Family personnel. This hourly rate only Federal Emergency Management Agency Grant (IFG) Program; 83.544, Public addresses charges to NRC licensees for to act as the Federal Coordinating Assistance Grants; 83.545, Disaster Housing services that FEMA personnel provide Officer for this declared emergency. Program; 83.548, Hazard Mitigation Grant under the site-specific component, not I do hereby determine the following Program) charges for services FEMA personnel areas of the Commonwealth of Lacy E. Suiter, provide under the flat fee component Massachusetts to have been affected Executive Associate Director, Response and referenced at 44 CFR 354.4(d), nor for adversely by this declared emergency: Recovery Directorate. services that FEMA contractors provide. FEMA intends to provide emergency [FR Doc. 99–32353 Filed 12–13–99; 8:45 am] We will charge for FEMA contractors’ protective measures (Category B) under the BILLING CODE 6718±02±P services in accordance with 44 CFR Public Assistance program. Specifically, 354.4(c) and (d) for the recovery of FEMA is authorized to provide for the appropriated funds obligated for the activation and deployment of search and FEDERAL EMERGENCY Emergency Management Planning and rescue teams in Worcester County. This MANAGEMENT AGENCY Assistance (EMPA) portion of FEMA’s assistance will be funded at 75 percent REP Program budget. Federal funding. Fee for Services To Support FEMA's (The following Catalog of Federal Domestic Offsite Radiological Emergency Dated: December 6, 1999. Assistance Numbers (CFDA) are to be used Preparedness (REP) Program Kay C. Goss, for reporting and drawing funds: 83.537, Associate Director for Preparedness, Training, Community Disaster Loans; 83.538, Cora AGENCY: Federal Emergency and Exercises. Brown Fund Program; 83.539, Crisis Management Agency (FEMA). [FR Doc. 99–32351 Filed 12–13–99; 8:45 am] Counseling; 83.540, Disaster Legal Services ACTION: Notice. Program; 83.541, Disaster Unemployment BILLING CODE 6718±06±P
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69765
FEDERAL RESERVE SYSTEM PLACE: Marriner S. Eccles Federal Commission, 600 Pennsylvania Avenue, Reserve Board Building, 20th and C N.W., Washington, D.C. 20580, 202– Formations of, Acquisitions by, and Streets, N.W., Washington, D.C. 20551. 326–2753. All comments should be Mergers of Bank Holding Companies STATUS: Closed. identified as responding to this notice. The companies listed in this notice MATTERS TO BE CONSIDERED: FOR FURTHER INFORMATION CONTACT: have applied to the Board for approval, 1. Personnel actions (appointments, Requests for additional information or pursuant to the Bank Holding Company promotions, assignments, copies of the proposed information Act of 1956 (12 U.S.C. 1841 et seq.) reassignments, and salary actions) requirements should be addressed to (BHC Act), Regulation Y (12 CFR Part involving individual Federal Reserve Gary M. Greenfield at the address listed System employees. 225), and all other applicable statutes above. and regulations to become a bank 2. Any matters carried forward from a SUPPLEMENTARY INFORMATION: holding company and/or to acquire the previously announced meeting. The FTC assets or the ownership of, control of, or CONTACT PERSON FOR MORE INFORMATION: has submitted a request to OMB to the power to vote shares of a bank or Lynn S. Fox, Assistant to the Board; extend the existing clearances to collect bank holding company and all of the 202–452–3204. information associated with the six banks and nonbanking companies SUPPLEMENTARY INFORMATION: You may rules described below. A Federal owned by the bank holding company, call 202–452–3206 beginning at Register Notice with a 60-day comment including the companies listed below. approximately 5 p.m. two business days period soliciting comments on this The applications listed below, as well before the meeting for a recorded collection of information was published as other related filings required by the announcement of bank and bank on October 6, 1999 (64 FR 54324). No Board, are available for immediate holding company applications comments were received. inspection at the Federal Reserve Bank scheduled for the meeting; or you may The relevant information collection indicated. The application also will be contact the Board’s Web site at http:// requirements are as follows. available for inspection at the offices of www.federalreserve.gov for an the Board of Governors. Interested electronic announcement that not only 1. The Fuel Rating Rule, 16 CFR Part persons may express their views in lists applications, but also indicates 306 (Control Number: 3084–0068) writing on the standards enumerated in procedural and other information about The Fuel Rating Rule establishes the BHC Act (12 U.S.C. 1842(c)). If the the meeting. standard procedures for determining, proposal also involves the acquisition of Dated: December 10, 1999. certifying, and disclosing the octane a nonbanking company, the review also Robert deV. Frierson, rating of automotive gasoline and the includes whether the acquisition of the Associate Secretary of the Board. automotive fuel rating of alternative nonbanking company complies with the [FR Doc. 99–32482 Filed 12–10–99; 12:42 liquid automotive fuel, as required by standards in section 4 of the BHC Act pm] the Petroleum Marketing Practices Act. (12 U.S.C. 1843). Unless otherwise BILLING CODE 6210±01±P 15 U.S.C. 2822(a)–(c). The Rule also noted, nonbanking activities will be requires refiners, producers, importers, conducted throughout the United States. distributors, and retailers to retain Unless otherwise noted, comments FEDERAL TRADE COMMISSION records showing how the ratings were regarding each of these applications determined, including delivery tickets must be received at the Reserve Bank Agency Information Collection or letters of certification. indicated or the offices of the Board of Activities; Submission for OMB Estimated annual hours burden: Governors not later than January 7, Review; Comment Request 2000. 46,500 total burden hours (20,500 A. Federal Reserve Bank of Boston AGENCY: Federal Trade Commission. recordkeeping hours + 26,000 disclosure (Richard Walker, Community Affairs ACTION: Notice. hours). Officer) 600 Atlantic Avenue, Boston, Recordkeeping: Based on industry SUMMARY: Massachusetts 02106-2204: The Federal Trade sources, staff estimates that 205,000 fuel 1. Port Financial Corp., Cambridge, Commission (FTC) has submitted to the industry members incur an average Massachusetts; to become a bank Office of Management and Budget annual burden of approximately one- holding company by acquiring 100 (OMB) for review under the Paperwork tenth of an hour to ensure retention of percent of the voting shares of Reduction Act (PRA) information relevant business records for the period Cambridgeport Bank, Cambridge, collection requirements associated with required by the Rule, resulting in a total Massachusetts. six current rules enforced by the of 20,500 hours. Commission. Current clearances for this Board of Governors of the Federal Reserve information collection expire on Disclosure: Staff estimates that System, December 9, 1999. December 31, 1999. The FTC is affected industry members incur an Robert deV. Frierson, requesting that OMB extend the average burden of approximately one Associate Secretary of the Board. paperwork clearances through hour to produce, distribute, and post [FR Doc. 99–32406 Filed 12–13–99; 8:45 am] December 31, 2002. octane rating labels. Because the labels BILLING CODE 6210±01±F DATES: Comments must be filed by are durable, only about one of every January 13, 2000. eight industry members (i.e., approximately 26,000 of 205,000 ADDRESSES: Send written comments to FEDERAL RESERVE SYSTEM industry members) incur this burden the Office of Information and Regulatory each year, resulting in a total annual Affairs, Office of Management and Sunshine Act Meeting burden of 26,000 hours. Budget, New Executive Office Building, AGENCY HOLDING THE MEETING: Board of Room 10202, Washington, D.C. 20503, Estimated annual cost burden: Governors of the Federal Reserve ATTN.: Desk Officer for the Federal $749,000, rounded ($697,500 in labor System. Trade Commission, and to Gary M. costs and $51,300 in non-labor costs). TIME AND DATE: 12:00 noon, Monday, Greenfield, Attorney, Office of the Labor costs: Staff estimates that the December 20, 1999. General Counsel, Federal Trade work associated with the Rule’s
VerDate 29-OCT-99 20:57 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm01 PsN: 14DEN1 69766 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices recordkeeping and disclosure regulations. The Fur Regulations also Staff estimates that the incremental requirements is performed by skilled provide a procedure for exemption from burden associated with the Fur clerical employees at an average rate of certain disclosure provisions under the Regulations’ invoice disclosure $15.00 per hour. Thus, the annual labor Act. requirement, beyond the time that cost to respondents of complying with Estimated annual hours burden: would be devoted to preparing invoices the recordkeeping and disclosure 150,000 hours, rounded (70,200 hours in the absence of the Fur Regulations, is requirements of the Fuel Rating Rule is for recordkeeping +79,450 hours for approximately 30 seconds per invoice.2 estimated to be $697,500 ((20,500 hours disclosure). The invoice disclosure requirement + 26,000 hours) × $15.00 per hour). Recordkeeping: The Fur Regulations applies to fur garments, which are Capital or other non-labor costs: Staff require that retailers, manufacturers and generally sold individually, and fur believes that there are no current start- processors, and importers keep records pelts, which are generally sold in groups up costs associated with the Rule. in addition to those they may keep in of at least 50, on average. Assuming Because the Rule has been effective the ordinary course of business. Staff invoices are prepared for sales of since 1979 for gasoline, and since 1993 estimates that 1,500 retailers incur an 785,000 garments, 150,000 groups of for liquid alternative automtive fuels, average recordkeeping burden of about imported pelts (7.5 million pelts ÷50) industry members should already have 13 hours per year (19,500 hours total); and 150,000 groups of domestic pelts, in place the capital equipment and other 225 manufacturers and fur processors the invoice disclosure requirement incur an average recordkeeping burden means necessary to comply with the entails a total burden of approximately of about 52 hours per year (11,700 total); Rule. Industry members do, however, 9,000 hours, rounded. incur the cost of procuring fuel and 1,500 importers of furs and fur dispenser labels to comply with the products incur an average Staff estimates that the Fur Rule. Based on estimates of 1,080,000 recordkeeping burden of 26 hours per Regulations’ advertising disclosure fuel dispensers (180,000 retailers × an year (39,000 hours total).1 The requirements impose an average burden average of six dispensers per retailer) combined recordkeeping burden for the of one hour per year for each of the and a cost of thirty-eight cents each (per industry is approximately 70,200 hours approximately 1,500 domestic fur industry sources) for labels that last for annually. retailers, or a total of 1,500 hours. eight years, the total annual labeling Disclosure: Staff estimates that 1,710 Thus, staff estimates the total cost is estimated to be $51,300. respondents (210 manufacturers +1,500 disclosure burden to be approximately retail sellers of fur garments) each 79,450 hours (68,950 hours for labeling 2. Regulations Under the Fur Products require an average of 20 hours per year Labeling Act, 15 U.S.C. 69 et seq. (‘‘Fur + 9,000 hours for invoices +1,500 hours to determine label content (34,200 hours for advertising). Act’’) (Control Number: 3084–0099) total), and an average of five hours per The Fur Act prohibits misbranding year to draft and order labels (8,550 Estimated annual cost burden: and false advertising of fur products. hours total). Staff estimates that $1,611,000, rounded (solely relating to The Fur Products Regulations, 16 CFR manually attaching a label to an labor costs). 301 (‘‘Fur Regulations’’), establish estimated 785,000 fur garments requires Staff estimates the annual labor cost disclosure requirements that assist approximately two minutes per garment burden based on the following consumers in making informed for an approximately total of 26,200 computations using labor cost rates purchasing decisions, and hours annually. Thus, the total burden based on information from the recordkeeping requirements that assist for labeling garments is 68,950 hours Department of Labor and the American the Commission in enforcing these per year. Appeal Manufacturers Association:
Burden Task Hourly rate hours Labor cost
Determine label content ...... $15.00 34,200 $513,000 Draft and order labels ...... 9.00 8,550 76,950 Attach labels ...... 8.00 26,200 209,600 Invoice disclosures ...... 10.00 9,000 90,000 Prepare advertising disclosures ...... 15.00 1,500 22,500 Recordkeeping ...... 10.00 70,200 702,000
Total ...... 1,614,050
Staff believes that there are no current implementing rules would be included 3. Regulations under the Wool Products start-up costs or other capital costs on the product label even absent the Fur Labeling Act, 5 U.S.C. 68 et seq. (‘‘Wool associated with the Fur Regulations. Regulations. Similarly, invoicing, Act’’) (Control Number: 3084–0100) Because the labeling of fur products has recordkeeping, and advertising been an integral part of the disclosures are tasks performed in the The Wool Act prohibits misbranding manufacturing process for decades, ordinary course of business so that of wool products. The Wool Act manufacturers have in place the capital covered firms would incur no additional Regulations, 16 C.F.R. 300 (‘‘Wool equipment necessary to comply with the capital or other non-labor costs as a Regulations’’), establish disclosure Fur Regulations. Industry sources result of the Act. requirements that assist consumers in indicates that much of the information making informed purchasing decisions required by the Fur Act and its and recordkeeping requirements that
2 1 For many of these importers, fur products The invoicing burden for PRA purposes invoicing in the ordinary course of business. See 5 probably would constitute only a small portion of excludes the time that, absent the Fur Act C.F.R. § 1320.3(b)(2). their import business. regulations, respondents would still spend for
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69767 assist the Commission in enforcing the about one billion wool products billion), the process is semi-automated Regulations. annually, are subject to the Wool and requires an average of Estimated annual hours burden: Regulations’ disclosure requirements. approximately two seconds per item, for 1,236,000 hours (375,000 recordkeeping Staff estimates the burden of a total of 361,111 hours per year. Thus, hours + 861,000 disclosure hours). determining label content to be 20 hours the total estimated annual burden for all Recordkeeping: Based on Bureau of per year per respondent, or a total of respondents is 861,000 hours, rounded. Census data and other information, staff 400,000 hours, and the burden of Estimated annual cost burden: estimates that approximately 15,000 drafting and ordering labels to be 5 $13,539,000, rounded (solely relating to wool firms are subject to the Wool hours per respondent per year, or a total labor costs). Regulations’ recordkeeping of 100,000 hours. Staff estimates that the Staff estimates the annual labor cost requirements. Based on an average process of attaching labels is now fully burden based on the following burden of 25 hours per firm, the total automated and integrated into other computations using labor cost rates recordkeeping burden is 375,000 hours. production steps for about 35 percent of based on information from the Disclosure: Approximately 20,000 all affected garments. For the remaining Department of Labor and the American wool firms, producing or importing 650,000,000 items (65 percent of one Apparel Manufacturers Association:
Burden Task Hourly rate hours Labor cost
Determine label content ...... $15.00 400,000 $6,000,000 Draft and order labels ...... 9.00 100,000 900,000 Attach labels ...... 8.00 361,111 2,888,888 Recordkeeping ...... 10.00 375,000 3,750,00
Total ...... 13,538,888
Staff believes that there are no current 16 CFR 303 (‘‘Textile Regulations’’), determining label content to be 20 hours start-up costs or other capital costs establish disclosure requirements that per year per respondent, or a total of associated with the Wool Regulations. assist consumers in making informed 780,000 hours and the burden of Because the labeling of wool products purchasing decisions, and drafting and ordering labels to be 5 has been an integral part of the recordkeeping requirements that assist hours per respondent per year, or a total manufacturing process for decades, the Commission in enforcing the of 195,000 hours. Staff estimates that the manufacturers have in place the capital Regulations. The Regulations also process of attaching labels is now fully equipment necessary to comply with the contain a petition procedure for automated and integrated into other Wool Regulations. Based on knowledge requesting the establishment of generic production steps for about 35 percent of of the industry, staff believes that much names for textile fibers. all affected garments. For the remaining of the information required by the Wool Estimated annual hours burden: 8.52 billion items (65 percent of 13.1 Act and its implementing rules would approximately 6,433,000 hours (725,000 billion), the process is semi-automated be included on the product label even recordkeeping hours + 5,708,000 and requires an average of absent the Wool Regulations. Similarly, disclosure hours). approximately two seconds per item, for recordkeeping and advertising Recordkeeping: Based on Bureau of a total of 4,732,860 hours per year. disclosures are tasks performed in the Census data and other information, staff Thus, the total estimated annual burden ordinary course of business so that estimates that approximately 29,000 for all respondents is 5,708,000 hours, covered firms would incur no additional textile firms are subject to the Textile rounded. capital or other non-labor costs as a Regulations’ recordkeeping Estimated annual cost burden: result of the Wool Regulations. requirements. Based on an average burden of 25 hours per firm, the total $58,568,000, rounded (solely relating to 4. Regulations Under The Textile Fiber recordkeeping burden is 725,000 hours. labor costs). Products Identification Act, 15 U.S.C. Disclosure: Approximately 39,000 Staff estimates the annual labor cost 70 et seq. (‘‘Textile Act’’) (Control textile firms, producing or importing burden based on the following Number: 3084–0101) about 13.1 billion textile fiber products computations using labor cost rates The Textile Act prohibits misbranding annually, are subject to the Textile based on information from the and false advertising of textile fiber Regulations’ disclosure requirements. Department of Labor and the American products. The Textile Act Regulations, Staff estimates the burden of Apparel Manufacturers Association:
Burden Task Hourly rate hours Labor cost
Determine label content ...... $15.00 780,000 $11,700,000 Draft and order labels ...... 9.00 195,000 1,755,000 Attach labels ...... 8.00 4,732,860 37,862,880 Recordkeeping ...... 10.00 725,000 7,250,000
Total ...... 58,567,880
Staff believes that there are no current Because the labeling of textile products manufacturers have in place the capital start-up costs or other capital costs has been an integral part of the equipment necessary to comply with the associated with the Textile Regulations. manufacturing process for decades, Textile Regulations. Industry sources
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69768 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices indicate that much of the information textile clothing must provide the same of 48,000 hours. Staff estimates that the required by the Textile Act and its care information on the end of each bolt process of attaching labels is now fully implementing rules would be included or roll of fabric. automated and integrated into other on the product label even absent the Estimated annual hours burden: production steps for about 35 percent of Textile Regulations. Similarly, 5,449,000 hours, rounded (solely all affected garments. For the remaining 3 invoicing, recordkeeping, and relating to disclosure ) 7.865 billion items (65 percent of 12.1 advertising disclosures are tasks Based on Bureau of Census data and billion), the process is semi-automated other information, staff estimates that performed in the ordinary course of and requires an average of approximately 24,000 manufacturers of business so that covered firms would approximately two seconds per item, for incur no additional capital or other non- textile apparel, producing about 12.1 a total of 4,369,444 hours per year. labor costs as a result of the Textile billion textile garments annually, are Thus, the total estimated annual burden Regulations. subject to the Care Labeling Rule disclosure requirements. The burden of for all respondents is 5,449,000 hours, 5. The Care Labeling Rule, 16 CFR Part developing proper care instructions may rounded. 423 (Control Number: 3084–0103) vary greatly among firms, primarily Estimated annual cost burden: The Care Labeling Rule, 16 CFR part based on the number of different lines $51,000,000 (solely relating to labor 423, requires manufacturers and of textile garments introduced per year costs). importers to attach a permanent care that require new or revised care Staff estimates the annual labor cost label to all covered textile clothing in instructions. Staff estimates the burden order to assist consumers in making of determining label content to be 43 burden based on the following purchase decisions and in determining hours per year per respondent, or a total computations using labor cost rates what method to use to clean their of 1,032,000 hours and the burden of based on information from the apparel. Also, manufacturers and drafting and ordering labels to be 2 Department of Labor and the American importers of piece goods used to make hours per respondent per year, or a total Apparel Manufacturers Association:
Burden Task Hourly rate hours Labor cost
Determine label content ...... $15.00 1,032,000 $15,480,000 Draft and order labels ...... 9.00 48,000 432,000 Attach labels ...... 8.00 4,369,444 34,955,552
Total ...... 50,867,552
Staff believes that there are no current that implement the FPLA, 16 CFR 500, professional time per covered entity (at start-up costs or other capital costs establish requirements for the manner an average cost of $50 per hour) and associated with the Care Labeling Rule. and form of labeling applicable to nine hours of clerical time per covered Because the labeling of textile products manufacturers, packagers, and entity (at an average cost of $10), for a has been an integral part of the distributors of consumer commodities. total of $168,000,000 ($140 per covered manufacturing process for decades, Section 4 of the FPLA specifically entity times 1.2 million entities). manufacturers have in place the capital requires packages or labels to be marked Total capital and start-up costs are de equipment necessary to comply with the with: (1) A statement of identity; (2) a Care Labeling Rule. Based on knowledge net quantity of contents disclosure; and minimis. The packaging and labeling of the industry, staff believes that much (3) the name and place of business of a activities that require capital and start- of the information required by the Care company that is responsible for the up costs are independent of the FPLA, Labeling Rule would be included on the product. and would be performed by covered product label even absent those Estimated annual hours burden: entities in the ordinary course of requirements. Similarly, invoicing, 12,000,000 total burden hours (solely business regardless of the statute. recordkeeping, and advertising relating to disclosure.4 Because FPLA requires that the disclosures are tasks performed in the Staff conservatively estimates that information be placed on packages and ordinary course of business so that approximately 1,200,000 manufacturers, labels, which firms provide in the covered firms would incur no additional packagers, distributors, and retailers of ordinary course of business, there capital or other non-labor costs as a consumer commodities make appear to be no additional operation, result of the Care Labeling Rule. disclosures at an average burden of ten maintenance, or purchase of service costs. 6. Regulations Under The Fair hours per company, for a total Packaging and Labeling Act, 15 U.S.C. disclosure burden of 12,000,000 hours. Debra A. Valentine, 1450 (‘‘FPLA’’) (Control Number: 3084– Estimated annual cost burden: General Counsel. 0110) $168,000,000 (solely relating to labor [FR Doc. 99–32392 Filed 12–13–99 8:45 am] costs). The FPLA was enacted to eliminate The estimated annual labor cost BILLING CODE 6750±01±M consumer deception concerning product burden associated with the FLPA size representations and package disclosure requirements consists of the content information. The Regulations cost of one hour of managerial or
3 The Care Labeling Rule imposes no specific support current technical literature or rely on past or ‘‘economy size’’ claims, staff believes that most, recordkeeping requirements. Although the Rule experience. if not all, of the records that sellers maintain would requires manufacturers and importers to have 4 To the extent that the FPLA implementing be kept in the ordinary course of business, reliable evidence that their products were regulations require sellers to keep records that regardless of the legal mandates. successfully tested, companies may provide as substantiate ‘‘cents off,’’ ‘‘introductory offer,’’ and/
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FEDERAL TRADE COMMISSION current year. The Commission then associated health fields, and the number determines what modification, if any, of degrees awarded to members of Charges for Certain Disclosures from the original base of $8 should be under-represented racial and ethnic made effective on January 1 of each minority groups. In addition, the AGENCY: Federal Trade Commission. subsequent year, given the requirement program addresses the performance of ACTION: Notice Regarding Charges for that fractional changes be rounded to executive agency actions under Certain Disclosures. the nearest fifty cents. Executive Order 12876, to advance the Between September 1997 and development of human potential, to SUMMARY: The Federal Trade September 1999, the Consumer Price strengthen the capacity of Historically Commission announces that the current Index for all urban consumers and all ceiling on allowable charges under Black Colleges and Universities items increased by 4.16 percent—from (HBCUs), to provide quality education, section 612(a) of the Fair Credit an index value of 161.2 in September Reporting Act (‘‘FCRA’’) will increase and to increase opportunities to 1997 to a value of 167.9 in September participate in and benefit from Federal from $8.00 to $8.50 on January 1, 2000. 1999. An increase of 4.16 percent in the Under 1996 amendments to the FCRA, programs. $8.00 base figure would lead to a new The purpose of the program is to the Federal Trade Commission is figure of $8.33. However, because the provide under-represented minority required to increase the $8.00 amount statute directs that the resulting figure undergraduate students with training in referred to in paragraph (1)(a)(i) of be rounded to the nearest $0.50, the two categories of specialization: section 612(a) on January 1 of each year, allowable charge should be increased to Category I—biostatistics and based proportionally on changes in the $8.50. epidemiology in Atlanta, GA, and Consumer Price Index (‘‘CPI’’), with The Commission therefore determines Category II—occupational safety and fractional changes rounded to the that the allowable charge for the year health in Cincinnati, OH, Morgantown, nearest fifty cents. The CPI increased 2000 will be $8.50. WV, Pittsburgh, PA and Spokane, WA. 4.16 percent between September 1997, By direction of the Commission. Specifically, the program is intended to the date the FCRA amendments took Donald S. Clark, assist an HBCU to: effect, and September 1999. This (1) Develop an undergraduate increase in the CPI and the requirement Secretary. [FR Doc. 99–32391 Filed 12–13–99; 8:45 am] research training and internship that any increase be rounded to the program for African American and other BILLING CODE 6750±01±M nearest fifty cents results in an increase under-represented minority students. in the maximum allowable charge to (2) Increase the knowledge and skills $8.50. of African American and other under- EFFECTIVE DATE: January 1, 2000. DEPARTMENT OF HEALTH AND represented undergraduate minority HUMAN SERVICES ADDRESSES: Federal Trade Commission, students in both categories of Washington, DC 20580. Centers for Disease Control and specialization, (i.e., epidemiology, FOR FURTHER INFORMATION CONTACT: Prevention biostatistics and occupational safety and Keith B. Anderson, Bureau of health); [Program Announcement 00028] Economics, Federal Trade Commission, (3) Expand the educational and Washington, DC 20580, 202–326–3428. applied public health research training Cooperative Agreement Program to and skills development opportunities SUPPLEMENTARY INFORMATION: Section Increase Knowledge and Skills of and experiences in the two fields of 612(a)(1)(A) of the Fair Credit Reporting Under-Represented Minority Students specialization (epidemiology, Act, as amended in 1996, states that, in the Areas of Biostatistics, biostatistics, and occupational safety where a consumer reporting agency is Epidemiology, and Occupational and health) for under-represented permitted to impose a reasonable charge Safety and Health; Notice of minority students who are interested in on a consumer for making a disclosure Availability of Funds pursuing public health careers; to the consumer pursuant to section A. Purpose (4) Develop and implement a public 609, the charge shall not exceed $8 and health science curriculum at an HBCU, shall be indicated to the consumer The Centers for Disease Control and (5) Foster linkages and collaboration before making the disclosure. Section Prevention (CDC) announces the among students and faculty in 612(a)(2) goes on to state that the availability of fiscal year (FY) 2000 developing epidemiological and Federal Trade Commission (‘‘the funds for a cooperative agreement analytical knowledge bases for the Commision’’) shall increase the $8.00 program to increase knowledge, skills health status of minority and under- maximum amount on January 1 of each and research training of under- served populations in America; year, based proportionally on changes in represented minority students in the (6) Increase the number of African the Consumer Price Index, with areas of biostatistics, epidemiology and Americans and other under-represented fractional changes rounded to the occupational health and safety. For the minority populations with advanced nearest fifty cents. purposes of this agreement, under- degrees in epidemiology, biostatistics, The Commission considers the $8 represented minority students are and occupational safety and health. amount referred to in paragraph (1)(A)(i) African American/Black American, of section 612(a) to be the baseline for Hispanic/Latino, or American Indian/ B. Eligible Applicants the effective ceiling on reasonable Alaska Native students. This program Eligible applicants are institutions of charges dating from the effective date of addresses the ‘‘Healthy People 2000’’ higher education that are designated as the amended FCRA, i.e., September 30, priority area of Educational and HBCUs. Only HBCUs which meet the 1997. In November of each year, the Community-based Programs, Clinical following criteria are eligible to apply Commission calculates the proportional Preventive Services, and Surveillance under this announcement: (1) have a increase in the Consumer Price Index and Data (Objective 21.8), which predominantly black and other minority (using the most general CPI, which is for proposes to increase the proportion of student enrollment of at least 51 all urban consumers, all items) from all persons with degrees in health percent, and (2) offer undergraduate September 1997 to September of the professions, including allied and courses in community/allied health,
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69770 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices computer sciences, mathematics, and/or practice, and the importance of environmental sciences, engineering, biostatistics and epidemiology in their integrative and multi-disciplinary physics, social and behavioral sciences, curriculum. Competition is limited to approaches to improving the health or mathematics. HBCUs under this program status and quality of life of African 3. Provide mechanisms for supporting announcement because there is a critical Americans and other minorities. the participation of students in the shortage of both minority students and (2) Demonstrate how the public health summer internship program with the minority professionals to plan, monitor, sciences curriculum and educational requirement that students should be and evaluate the public health policies support will enhance opportunities for available to participate fully in the and programs that target the minority students to obtain advanced program activities. heterogeneous minority population degrees in epidemiology, biostatistics, 4. Provide adequate technical groups in the U.S. and occupational safety and health from assistance and consultants, (e.g., graduate programs housed within computer, biostatistics, epidemiology, Note: Public Law 104–65 states that an organization described in section 501(c)(4) of schools of public health or medicine. occupational safety and health), to assist the Internal Revenue Code of 1986 that (3) Develop, plan and provide other the students in successfully completing engages in lobbying activities is not eligible educational support for encouraging the the requirements of the internship to receive Federal funds constituting an pro-active recruitment of undergraduate program. award, grant, cooperative agreement, students majoring in disciplines other 5. Establish and maintain a data base contract, loan, or any other form. than biology, chemistry, community with demographic information on health, or pre-medicine to increase their C. Availability of Funds previous years’ interns for the purposes knowledge of public health practice. of evaluation. It is anticipated that a minimum of (4) Establish a mechanism to award 6. Establish a mechanism to award $200,000 will be available in FY 2000, three (3) semester (or equivalent) credit three (3) semester (or equivalent) credit to fund one award. It is expected that hours to students who enroll and hours to research interns upon the award will begin on or about complete each of the public health successful completion of research January 28, 2000, and will be made for sciences curriculum courses. projects that is consistent with grantee a 12-month budget period within a b. Internship Programs: The recipient academic policies and procedures. project period of up to five years for should plan and manage an 7. Maintain a liaison with the category Category I specialization, epidemiology undergraduate summer internship II specialization, occupational safety and biostatistics, and for Category II program for African Americans and and health. specialization, occupational safety and other under-represented minorities that c. Public Health Sciences Advisory health. Funding estimates may change. emphasizes the two categories of Group: The recipient should establish a Continuation awards within an specialization: Category I—training in Public Health Sciences Advisory Group approved project period will be made biostatistics and epidemiology where to advise on the implementation of the on the basis of satisfactory progress as plans will be developed to train cooperative agreement program. evidenced by required reports and the students at CDC laboratories in Atlanta, Examples of activities which the Public availability of funds. GA; and Category II—occupational Health Advisory Group might perform safety and health where plans will be D. Program Requirements include the following: developed to train students in National 1. Serve as liaison between the In conducting activities to develop Institute of Occupational Safety and grantee institution and the public health and achieve the purpose of this Health (NIOSH) laboratories in education, training and research program, the recipient will be Cincinnati, OH, Morgantown, WV, program. responsible for the activities under 1. Pittsburgh, PA or Spokane, WA. 2. Review applications and/or (Recipient Activities), and CDC will be Examples of activities that may be interview prospective interns. responsible for the activities listed undertaken, include, but are not limited 3. Review proposals or research under 2. (CDC Activities). to the following: project descriptions submitted by the 1. Establish a criteria for competitive CDC to be analyzed by the students 1. Recipient Activities selection of prospective students for during the summer internship, and a. Educational Support and both categories of specialization for the 4. Evaluate the public health sciences Curriculum Development: The recipient summer internship program that is program on operating aspects, such as should develop and implement an consistent with the goals and objectives education, training and research educational support curriculum that of the cooperative agreement. For components, and make suggestions for includes, at a minimum, a Public Health example, a criteria for competitive overall program improvement. Sciences Curriculum that emphasizes selection might include the requirement d. Research Training and Skills epidemiology, biostatistics, for completion of one or more courses Development: The grantee should occupational safety and health, and in biostatistics, epidemiology, or develop plans and approaches to make related academic courses, including occupational safety and health; grade of applied public health research projects practicum. The public health sciences B or above in overall course work; (e.g., community assessments, programs curriculum should be consistent with likelihood of the student to pursue a and materials evaluation, etc.) an the institutional policies and procedures career in public health, research integral part of the public health of the grantee, and include at least one experience, other academic sciences curriculum. The grantee should semester (or equivalent) of biostatistics performance; and performance on describe its existing and/or anticipated and epidemiology. In implementing the personal interviews. resources, (e.g., computer resources, and public health sciences curriculum 2. Identify and recruit undergraduate faculty members with applicable developed under this agreement, the students who have successfully research experiences) which will ensure grantee should: completed at least the sophomore year hands-on analytic research training and (1) Collaborate among, and across the in college and who have expressed an participation for the undergraduate recipient institution’s educational interest in pursuing a career in the students. departments to demonstrate the cross- health sciences, occupational safety and e. Staffing and Management: The disciplinary advantages of public health health, industrial hygiene, grantee should provide adequate staffing
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69771 and management resources for the h. As needed, provide staff to give I—epidemiology and biostatistics, and successful implementation of the seminars to students who are selected category II—occupational safety and cooperative agreement. For example, the for the internship program. health among African American and following positions might be identified i. As needed or requested, provide other minority students. as key staff: Principal Investigator (PI), technical support to assist the recipient c. The major proposed goals, Executive Director (ED), Educational in curriculum development and objectives and activities for Program Coordinator, Occupational implementation of public health-related implementing the program as well as Safety and Health Coordinator, and courses. total requested amount of Federal Research Coordinator. The grantee j. Collaborate in program planning funding for each category of should ensure that qualifications of key and consultation with participants in specialization. personnel are consistent with personnel the summer research program. d. Applicant’s capability to policies and practices of the institution. k. As needed or requested, provide implement the program. applied public health research f. Evaluation Plan: The grantee is 2. Capacity (not more than 12 pages) required to evaluate the management opportunities to allow students hands- and performance of the students, on research experience and skills a. Describe ability to address the including specific measures of a development training. identified need. successful program and the frequency/ l. As needed, provide clerical support, b. Describe efforts and relevant time-frame for the evaluations (i.e., necessary equipment, supplies, and experience that support the activities process and outcome evaluations). The other resources required for student proposed to accomplish the objective for recipient shall develop a computerized recruitment and administration of the which the applicant is applying, tracking system used as an evaluation summer internship program by the including: tool for following-up the future Occupational Safety and Health (1) current and previous experience professional activities of the students Coordinator located at one of the NIOSH related to the proposed program who have participated in this facilities. activities, cooperative education program. E. Application Content (2) activities related to operating internship programs; 2. CDC Activities Use the information in the Program Requirements, Other Requirements, and (3) activities related to curriculum The CDC is responsible for the Evaluation Criteria sections to develop development, following activities: the application content. Your (4) current and previous experience a. As requested, collaborate with the application will be evaluated on the related to fostering linkages and recipient, and provide consultation, criteria listed, so it is important to collaboration among students and assistance and support in planning, follow them in laying out your program faculty, fostering integrative and multi- implementing and evaluating all aspects plan. The narrative should be no more disciplinary approaches to improving of the cooperative agreement. than 40 double-spaced pages, printed on health status, and b. As requested, collaborate with the one side, with one inch margins, and (5) current and previous experience grantee to establish criteria for unreduced font. Attachments should be with increasing the participation of evaluating both short-and long-term limited to essential documentation. minority students in public health success of the public health sciences The requirements under this careers. education, training, and research cooperative agreement are consistent c. Submit a copy of the project’s programs. with the purpose/activities as management hierarchy, and describe c. As requested, provide consultation enumerated above. It is anticipated, how that structure supports the and advice to the key program staff therefore, that each applicant will proposed program activities. regarding administrative planning and submit a proposal that addresses each of 3. Operational Plan (Not more than 20 program evaluation for program the following areas: pages) development in future years. 1. Executive Summary a. Goals. List goals that specifically d. As needed, provide computer The applicant should provide a relate to program requirements that equipment (hardware and requisite concise, 1–3 page executive summary indicate where the program will be at software) to the computer, statistical, that clearly describes: the end of the projected five-year biostatistic, and the occupational safety a. Eligibility, including: (a) Status as period. and health consultants, interns and a Historically Black College and b. Objectives. List objectives that are Public Health Science Institute faculty. University, (b) Percent of students specific, measurable, and feasible to be e. As needed, provide access to data enrollment of African American and accomplished during the projected 12- sets, CDC mainframe computer, other minority students, (c) Description month period. The objectives should personal computers, word processors, of undergraduate courses in directly relate to the project goals and research activities and other facilities community/allied health, computer recipient activities. that would be beneficial to program sciences, mathematics, and/or c. Describe in narrative form and participants. biostatistics and epidemiology, and (d) display on a timetable, specific f. As needed, provide on-site office Experience and capacity as an HBCU to activities that are related to each space and mentors to instruct the provide knowledge, skills, and research objective. Indicate when each activity summer interns in the analysis of data training in the two categories of will occur as well as when preparations sets. specialization, (i.e., category I— for activities will occur. Also, indicate g. As needed, provide meeting and epidemiology and biostatistics, and who will be responsible for each activity office space at CDC for the summer category II—occupational safety and and identify staff who will work on each participants, the coordinators, and the health.) activity. The applicant’s proposal consultants for activities to be carried b. The needs for implementing a should include multiple subparts out during the summer internship program to increase the knowledge, detailing its approach to fulfill the program. skills and research training in category following program requirements:
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(1) Educational Support and Curriculum (4) Public Health Advisory Group I—epidemiology and biostatistics, and Development The applicant must include a category II—occupational safety and The applicant’s application must description of plans to establish a Public health.) The budget should be consistent describe a plan to develop and Health Advisory Group to advise on the with the stated objectives and planned implement a public health sciences implementation of the cooperative activities of the project. curriculum that emphasizes the category agreement program. F. Submission and Deadline I specialization—epidemiology and (5) Staffing and Management Submit the original and two copies of biostatistics, and category II The applicant must describe the the application (PHS Form 5161–1). specialization—occupational safety and Forms are available at the following health, as well as related academic proposed staffing for the project and provide job descriptions for existing and Internet address: www.cdc.gov/. . . courses. However, consistent with the Forms, or in the application kit. Pages educational and administrative policies proposed positions. See proposed definition of key personnel in the must be numbered clearly, and a of the grantee, the application should complete table of contents of the also describe how the grantee will section on program requirements. (a) Submit curriculum vitae (limited application and its appendices must be accomplish the following: (a) encourage included. Applicant should begin each undergraduate students majoring in to 2 pages per person) for each professional staff member named in the separate section on a new page. The disciplines other than biology, original and each copy of the chemistry, community health, and pre- application. (b) Submit job descriptions application set must be submitted medicine to increase their knowledge of illustrating the level of organizational unstapled and unbound. All materials public health practice; (b) demonstrate responsibility for professional staff who must be typewritten, single spaced, how the curriculum and educational will be assigned to the project. using an unreduced type not less than support will enhance opportunities for (c) Submit an outline of the hierarchy 12 point (10 characters per inch) on minority students to obtain advanced of a management plan which shall 81⁄2’’ x 11’’ paper, with at least a 1’’ degrees in epidemiology, biostatistics, assure fiscal and programmatic margin, including headers and footers, and occupational safety and health; (c) accountability in accordance with the and printed on one side only. encourage interdepartmental activities terms of this cooperative agreement. The On or before January 14, 2000, the that provides integrative and multi- management plan should clearly application should be submitted to: disciplinary approaches, knowledge and identify the officials who will manage Brenda D. Hayes, Grants Management skills to improve health status; (d) this program and their specific Specialist, Grants Management Branch, describe how the grantee will responsibilities. Procurement and Grants Office, incorporate a practicum to give students (Program Announcement: 00028), hands-on research experience in each (6) Evaluation Plan (Not more than 5 Centers for Disease Control and category of specialization, i.e., category pages) Prevention, (CDC), 2920 Brandywine I—biostatistics and epidemiology, and The applicant must describe a plan Road, Room 3000, Atlanta, GA 30341– category II—occupational safety and that evaluates the program’s 4146. Telephone: 770–488–2741. Email: health; (d) describe parameters for effectiveness in meeting its objectives. bkh4cdc.gov. establishing a mechanism to award For each of the types of evaluation listed Deadline: Applications shall be three (3) semester credit hours to below, specify the evaluation question considered as meeting the deadline if students who enroll and complete each to be answered, data to be obtained, the they are either: (a) received on or before of the public health science curriculum type of analysis, to whom it will be the deadline date; or (b) sent on or courses and internship programs. reported, and how data will be used to before the deadline date and received in (2) Internship Program improve the program. Indicate in the time for submission to the objective plan the projected staff and time lines review group. (Applicants must request The applicant must describe a to be used. a legibly dated receipt from a methodology for planning and managing a. Process evaluation. Evaluate the commercial carrier or U.S. Postal summer internship activities (for program’s progress in meeting objectives Service. Private metered postmarks will example: recruitment strategies, and conducting activities during the not be acceptable as proof of timely program operations, and program and budget period. mailing.) course scheduling in each category of b. Outcome evaluation. Assess the Late Applications: Applications specialization, i.e., category I— effectiveness of proposed activities, which do not meet the criteria in (a) or biostatistics and epidemiology, and including training sessions and (b) above are considered late category II—occupational safety and documents developed in attaining applications, will not be considered in health, and establishing a data base of goal(s) at the completion of the one year the current competition and will be previous years’ interns); budget period and the five year project returned to the applicant. period. (3) Research Training and Skills G. Evaluation Criteria Development c. Computerized Tracking System. Applicants are required to develop a Each application will be evaluated The applicant must describe their computerized tracking system to individually against the following plans and approaches to make applied evaluate the effectiveness of the criteria by an independent review group public health research projects an program in achieving its goals and appointed by CDC: integral part of the public health objectives. sciences curriculum. Each applicant a. Educational Support and Curriculum must describe its existing and/or (7) Budget and Accompanying Development (20 points) anticipated resources (e.g., computer Justification The extent to which the applicant resources and faculty members with The applicant must provide a detailed submits a plan which explains how it applicable research experiences) which budget and line-item justification of all will develop and implement an will ensure hands-on-analytic research operating expenses for each category of educational support curriculum at an training for the undergraduate students. academic specialization, (i.e., category HBCU that does the following:
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(1) Includes at a minimum a public C. Public Health Sciences Advisory Management Specialist, Grants health sciences curriculum emphasizing Group (10 Points) Management Branch, Procurement and two categories of specialization, i.e., The extent to which the applicant Grants Office, 2920 Brandywine Road, category I—epidemiology and explains a process for establishing a Room 3000, Atlanta, GA 30341–4146. biostatistics, and category II— Public Health Sciences Advisory Group Telephone: 770–488–2741. Email: occupational safety and health, as well to help guide the implementation of the [email protected]. as related public academic courses, public health curriculum, the internship The following additional including practicum. program, and activities related to requirements are applicable to this (2) Explains how the recipient will research training and skills program. For a complete description of collaborate among and across development. each, see Attachment I in the application kit. educational departments to demonstrate d. Research Training and Skills the cross-disciplinary advantages of Development (15 Points) (AR–12) Lobbying Restrictions public health practice, and the (AR–1) Human Subjects Requirements importance of integrative and multi- The extent to which the applicant (AR98–2) Requirements for Inclusion of disciplinary approaches to improving describes a plan and approaches to Women and Racial and Ethnic Minorities the health status and quality of life of make applied health research projects in Research (AR–7) Executive Order 12372 Review African Americans and other minorities. (e.g., community assessments, programs, and materials evaluation, etc.) an (AR–9) Paperwork Reduction Act (3) Explains how the recipient will integral part of the public health Requirements develop, plan and provide other (AR–10) Smoke-Free Workplace sciences curriculum, including existing Requirements educational support for encouraging the and/or anticipated resource needs, (e.g., proactive recruitment of undergraduate (AR–11) Healthy People 2000 computer resources and faculty with (AR–15) Proof of Non-Profit Status students majoring in disciplines other applicable research experiences.) (AR–16) Security Clearance Requirement than biology, chemistry, community health, or pre-medicine to increase their e. Staffing and Management (20 points) I. Authority and Catalog of Federal knowledge of public health practice. The extent to which the applicant Domestic Assistance Number (4) Explains how the recipient will submits an adequate staffing and This program is authorized under award students three semester and/or management plan for the successful Sections 301(a) and 317 (k) (2) [42 credit hours for completing public implementation of the cooperative U.S.C. 241 (a) and 247b (k) (2) of the health course work. agreement. Public Health Service Act, as amended. f. Evaluation Plan (10 Points) In addition, the program is authorized b. Internship Programs (25 Points) under Presidential Executive Orders The extent to which the applicant The extent to which the recipient related to under-represented minority submits a plan (i.e., process and students: Historically Black Colleges explains how it will develop and outcome evaluations) for evaluating the implement a competitive undergraduate and Universities Executive Order 12876 management and performance of the of November 1993. The Catalog of summer internship program that students who participate in the summer emphasizes two categories of Federal Domestic Assistance number is internship programs, presents a 93.283. specialization: reasonable plan for obtaining data, (1) Category I—training in reporting results, and includes a J. Where to Obtain Additional biostatistics, epidemiology, and category description of how a computerized Information II—training in occupational safety and tracking system will be developed and Please refer to Program health. used as an evaluation tool for tracking Announcement 00028 when you request (2) Identifies recruitment strategies for and using programmatic results to information. For a complete program undergraduate students who have enhance professional development of description, information on application successfully completed at least the African American and other under- procedures, an application package, and sophomore year in college and represented minorities in public health. business management technical expressed an interest in pursuing a g. Budget (not scored) assistance, contact: Brenda D. Hayes, career in the health sciences, Grants Management Specialist, Grants The extent to which the applicant occupational safety and health, Management Branch, Procurement and provides a detailed and clear budget industrial hygiene, environmental Grants Office Program Announcement narrative consistent with the stated sciences, engineering, physics or 00028, 2920 Brandywine Road, Room objectives, planned activities and goals mathematics. 3000, Atlanta, GA 30341–4146. of the project. The proposed budget (3) Provides mechanisms for Telephone: 770–488–2741. Email must address the two categories of address [email protected]. supporting students during the summer specialization. The proposed budget internship program. See also the CDC home page on the should include provisions for inflation Internet: http://www.cdc.gov. (4) Provides adequate technical adjustments for each subsequent year For program technical assistance, assistance (e.g., computer, biostatistics, following year one of the award. contact: Yvonne H. Lewis, Minority epidemiology, occupational safety and H. Other Requirements Health Program Specialist, Office of the health) to ensure student’s success in Associate Director for Minority Health, the internship program. Technical Reporting Requirements Provide CDC with original plus two Centers for Disease Control and (5) Establishes a data base of the copies of annual progress reports not Prevention (CDC), 1600 Clifton Road, interns. more than 60 days at the end of the M/S D–39, Atlanta, GA 30333. (6) Establishes a mechanism to award project year, and a financial status Telephone: 404–639–7220. Email the students three credit hours for report, no more than 90 days after the address: [email protected]. successful completion of research end of the budget period. Send all See also the CDC home page on the projects. reports to: Brenda D. Hayes, Grants Internet: http://www.cdc.gov.
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Dated: December 8, 1999. DEPARTMENT OF HEALTH AND deliberations on the PMA, a 30-minute John L. Williams, HUMAN SERVICES open public session will be conducted Director, Procurement and Grants Office for interested persons to address issues Centers for Disease Control and Prevention Food and Drug Administration specific to the submission before the (CDC). committee. On January 14, 2000, oral [FR Doc. 99–32289 Filed 12–13–99; 8:45 am] Ophthalmic Devices Panel of the presentations from the public regarding Medical Devices Advisory Committee; BILLING CODE 4163±18±P the reclassification of the artificial eye Notice of Meeting lubricating solution and the AGENCY: Food and Drug Administration, classification of the eyelid weight DEPARTMENT OF HEALTH AND HHS. devices will be scheduled between HUMAN SERVICES approximately 9:45 a.m. to 10:45 a.m. ACTION: Notice. Those desiring to make formal oral Food and Drug Administration This notice announces a forthcoming presentations should notify the contact [Docket No. 98F±1200] meeting of a public advisory committee person by January 6, 2000, and submit of the Food and Drug Administration a brief statement of the general nature of Avecia, Inc.; Withdrawal of Food (FDA). At least one portion of the the evidence or arguments they wish to Additive Petition meeting will be closed to the public. present, the names and addresses of proposed participants, and an AGENCY: Name of Committee: Ophthalmic Food and Drug Administration, indication of the approximate time HHS. Devices Panel of the Medical Devices Advisory Committee. requested to make their presentation. ACTION: Notice. General Function of the Committee: Closed Committee Deliberations: On January 13, 2000, from 3 p.m. to 5 p.m., SUMMARY: The Food and Drug To provide advice and the meeting will be closed to permit Administration (FDA) is announcing the recommendations to the agency on FDA to present to the committee trade withdrawal, without prejudice to a FDA’s regulatory issues. secret and/or confidential commercial future filing, of a food additive petition Date and Time: The meeting will be information (5 U.S.C. 552b(c)(4)) (FAP 7B4526) proposing that the food held on January 13, 2000, 9:30 a.m. to regarding pending issues and additive regulations be amended to 5 p.m., and January 14, 2000, 9:30 a.m. to 2 p.m. applications. provide for the safe use of 2-methyl-4,5- Notice of this meeting is given under trimethylene-4-isothiazolin-3-one as a Location: Corporate Bldg., conference room 020B, 9200 Corporate Blvd., the Federal Advisory Committee Act (5 preservative for paper coatings intended U.S.C. app. 2). for use in contact with fatty food. Rockville, MD. Dated: December 7, 1999. FOR FURTHER INFORMATION CONTACT: Contact: Sara M. Thornton, Center for Mark A. Hepp, Center for Food Safety Devices and Radiological Health (HFZ– Linda A. Suydam, and Applied Nutrition (HFS–215), Food 460), Food and Drug Administration, Senior Associate Commissioner. and Drug Administration, 200 C St. SW., 9200 Corporate Blvd., Rockville, MD [FR Doc. 99–32242 Filed 12–13–99; 8:45 am] Washington, DC 20204, 202–418–3098. 20850, 301–594–2053, BILLING CODE 4160±01±F SUPPLEMENTARY INFORMATION: In a notice [email protected], or FDA published in the Federal Register of Advisory Committee Information Line, December 28, 1998 (63 FR 71493), FDA 1–800–741–8138 (301–443–0572 in the DEPARTMENT OF HEALTH AND announced that a food additive petition Washington, DC area), code 12396. HUMAN SERVICES Please call the Information Line for up- (FAP 7B4526) had been filed by Zeneca National Institutes of Health Biocides, Foulkstone 1405, 2d, 1800 to-date information on this meeting. Agenda: On January 13, 2000, the Concord Pike, P.O. Box 15457, Technology Assessment Conference committee will discuss, make Wilmington, DE 19850–5457. The on Improving Medical Implant recommendations, and vote on a petition proposed to amend the food Performance Through Retrieval premarket approval application (PMA) additive regulations in § 176.170 Information: Challenges and for a holmium laser for the correction of Components of paper and paperboard Opportunities in contact with aqueous and fatty foods hyperopia using laser thermal (21 CFR 176.170) to provide for the safe keratomileusis. On January 14, 2000, the Notice is hereby given of the NIH use of 2-methyl-4,5-trimethylene-4- committee will discuss and make Technology Assessment Conference on isothiazolin-3-one as a preservative for recommendations on: (1) The ‘‘Improving Medical Implant paper coatings intended for use in reclassification of an artificial eye Performance Through Retrieval contact with fatty foods. Since lubricating solution, and (2) the Information: Challenges and publication of the filing notice, Zeneca classification status for currently Opportunities,’’ which will be held Biocide’s specialty chemicals group has unclassified eyelid weight devices. January 10–12, 2000, in the Natcher been spun-off as Avecia, Inc., 1405 Procedure: On January 13, 2000, from Conference Center of the National Foulk Rd., P.O. Box 15457, Wilmington, 9:30 a.m. to 3 p.m., and on January 14, Institutes of Health, 9000 Rockville DE 19850–5457. Avecia, Inc., has now 2000, from 9:30 to 2 p.m., the meeting Pike, Bethesda, Maryland 20892. The withdrawn the petition without is open to the public. Interested persons conference begins at 8:00 a.m. on prejudice to a future filing (21 CFR may present data, information, or views, January 10, at 8:00 a.m. on January 11, 171.7). orally or in writing, on issues pending and at 9:00 a.m. on January 12. before the committee. Written Various medical implant devices have Dated: November 29, 1999. submissions may be made to the contact been widely used since the 1960s, and Alan M. Rulis, person by January 6, 2000. On January it is estimated that eight to ten percent Director, Office of Premarket Approval, 13, 2000, formal oral presentations from of the American population currently Center for Food Safety and Applied Nutrition. the public will be scheduled between has a permanent medical implant. Yet, [FR Doc. 99–32243 Filed 12–13–99; 8:45 am] approximately 9:45 a.m. and 10:15 a.m. there has not been any systematic effort BILLING CODE 4160±01±F Near the end of the committee developed in the United States for
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The grant applications and Thorough reporting on the performance institutional support is necessary to the discuss could disclose confidential of implants would allow physicians to ensure continuing advances in trade secrets or commercial property evaluate devices, understand the implantable devices? such as patentable material, and clinical benefit and risks associated The primary sponsors of this personal information concerning with medical implant treatment and conference are the National Heart, Lung, individuals associated with the grant prevention of disease, and advance the and Blood Institute (NHLBI) and the applications, the disclosure of which development of better devices and NIH Office of Medical Applications of would constitute a clearly unwarranted materials. This will ultimately benefit Research (OMAR). Additional sponsors invasion of personal privacy. patients through superior implant are the NIH Biomaterials and Medical Implant Science Coordinating Name of Committee: National Institute of technology. Diabetes and Digestive and Kidney Diseases While most medical implants Committee, which represents all of the Special Emphasis Panel, ZDK1 GRB–7, J2 P. function very well, significant NIH Institutes and Centers, the National Date: December 15–17, 1999. challenges remain associated especially Institute of Arthritis and Time: 7:30 p.m. to 12:00 p.m. with their intended long-term duration Musculoskeletal and Skin Diseases; the Agenda: To review and evaluate grant of use. The advance of medical implant National Institute of Dental and applications. science is hampered by a lack of study Craniofacial Research; the National Place: Omni Charlottesville Hotel, 235 W. Institute of Neurological Disorders and Main St., Charlottesville, VA 22902. of implants retrieved after surgery or at Contact Person: Lakshmanan Sankaran, autopsy. Much can be learned of clinical Stroke; the National Library of Medicine; and the National Institute of Scientific Review Administrator, Review end points, implant performance, and Branch, DEA, NIDDK, Natcher Building design theory, and this information will Standards and Technology. This is the Room 6AS25F, National Institutes of Health, again lead to superior medical implants 19th Technology Assessment Bethesda, MD 20892–6600, (301) 594–7799. that benefit U.S. patients. Conference held by the NIH in the 23- This notice is being published less than 15 The objective of the conference is to year history of the Consensus days prior to the meeting due to the timing assess the opportunities and challenges Development Program. limitations imposed by the review and to developing a framework for Advance information on the funding cycle. independent research of explanted conference program and conference (Catalogue of Federal Domestic Assistance natural and synthetic implants, with the registration materials may be obtained Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; ultimate objective to provide benefits to from Louise Harkavy, Prospect Associates, 10720 Columbia Pike, Suite 93.848, Digestive Diseases and Nutrition patients through implant retrieval and Research; 93.849, Kidney Diseases, Urology analysis. For the purpose of this 500, Silver Spring, Maryland 20901– 4437, (301) 592–3320, and Hematology Research, National Institutes conference, implants are defined as of Health, HHS) [email protected]. The having a minimum life span of three Dated: December 7, 1999. months; as penetrating living tissue; as consensus statement will be submitted for publication in professional journals LaVerne Y. Stringfield, having a physiologic interaction; and of Director, Office of Federal Advisory being retrievable. This conference will and other publications. In addition, the statement will be available beginning Committee Policy. bring together specialists in surgery, [FR Doc. 99–32277 Filed 12–13–99; 8:45 am] pathology, engineering, biomaterials, January 12, 2000 from the NIH BILLING CODE 4140±01±M information systems, and other related Consensus Program Information Center, disciplines, as well as representatives P. O. Box 2577, Kensington, Maryland 20891, phone 1–888–644–2667 and from the public, legal, ethical, and DEPARTMENT OF HEALTH AND industrial communities. from the NIH Consensus Program site on the World Wide Web at http:// HUMAN SERVICES After 11⁄2 days of presentations and audience discussion, an independent, consensus.nih.gov. National Institutes of Health non-Federal technology assessment Dated: December 7, 1999. panel will weigh the scientific evidence Ruth L. Kirschstein, National Institute of Allergy and and write a draft statement that it will Deputy Director, NIH. Infectious Diseases; Notice of present to the audience on the third day. [FR Doc. 99–32284 Filed 12–13–99; 8:45 am] Meetings The technology assessment panel’s BILLING CODE 4140±01±P statement will address the following key Pursuant to section 10(d) of the questions: Federal Advisory Committee Act, as • What are the patient, health care DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice provider, and societal expectations of HUMAN SERVICES is hereby given of meetings of the the lifetime costs, risks, and benefits of National Advisory Allergy and medical implants? National Institutes of Health Infectious Diseases Council. • What can the role of information National Institute of Diabetes and The meetings will be open to the data systems be in educating the public, Digestive and Kidney Diseases; Notice public as indicated below, with medical community, and policymakers of Closed Meeting attendance limited to space available. about medical implants and retrieval? Individuals who plan to attend and • What are the legal, ethical, Pursuant to section 10(d) of the need special assistance, such as sign religious, cultural, public policy, and Federal Advisory Committee Act, as language interpretation or other economic barriers to implant retrieval amended (5 U.S.C. Appendix 2), notice reasonable accommodations, should and reporting, and how can they be is hereby given of the following notify the Contact Person listed below overcome? meeting. in advance of the meeting.
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The meetings will be closed to the Open: February 18, 2000, 8:30 a.m. to would constitute a clearly unwarranted public in accordance with the adjournment. invasion of personal privacy. Agenda: Open program advisory provisions set forth in sections Name of Committee: National Institute on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., discussions and presentations. Place: Natcher Building, Conference Room Drug Abuse Special Emphasis Panel, as amended. The grant applications F1/F2, 45 Center Drive, Bethesda, MD 20892. Training and Career Development. and/or contract proposals and the Contact Person: John J. McGowan, Director, Date: December 14, 1999. Time: 2:30 p.m. to 4:30 p.m. discussions could disclose confidential Division of Extramural Activities, NIAID, Agenda: To review and evaluate grant trade secrets or commercial property Room 2142, 6700–B Rockledge Drive, MSC applications. such as patentable material, and 7610, Rockville, MD 20892–7610, 301–496– Place: Neuroscience Center, National 7291. personal information concerning Institutes of Health, 6001 Executive Blvd, individuals associated with the grant Name of Committee: National Advisory Bethesda, MD 20892 (Telephone Conference applications and/or contract proposals, Allergy and Infectious Diseases Council Call). the disclosure of which would Acquired Immunodeficiency Syndrome Contact Person: Mark Swieter, Health constitute a clearly unwarranted Subcommittee. Scientist Administrator, Office of Extramural invasion of personal privacy. Date: February 17–18, 2000. Program Review, National Institute on Drug Closed: February 17, 2000, 8:30 a.m. to Abuse, National Institutes of Health, DHHS, Name of Committee: National Advisory 1:00 p.m. 6001 Executive Boulevard, Room 3158, MSC Allergy and Infectious Diseases Council Agenda: To review and evaluate grant 9547, Bethesda, MD 20892–9547 (301) 435– Date: February 17–18, 2000. applications. 1389. Open: February 17, 2000, 1:00 p.m. to 3:30 Place: Natcher Building, 45 Center Drive, This notice is being published less than 15 p.m. Conference Rooms E1/E2, Bethesda, MD days prior to the meeting due to the timing Agenda: The meeting of the full Council 20892. limitations imposed by the review and will be open to the public for general Open: February 18, 2000, 8:30 a.m. to funding cycle. discussion and program presentations. adjournment. (Catalogue of Federal Domestic Assistance Place: Building 31C, Conference Room 6, Agenda: Open program advisory Program Nos. 93.277, Drug Abuse Scientist National Institutes of Health, 3100 Center discussions and presentations. Development Award for Clinicians, Scientist Drive, Bethesda, MD 20892. Place: Natcher Building, 45 Center Drive, Development Awards, and Research Scientist Closed: February 17, 2000, 3:30 p.m. to Conference Rooms E1/E2, Bethesda, MD Awards; 93.278, Drug Abuse National 4:30 p.m. 20892. Research Service Awards for Research Agenda: To review and evaluate grant Contact Person: John J. McGowan, Director, Training; 93.279, Drug Abuse Research applications. Division of Extramural Activities, NIAID, Programs, National Institutes of Health, HHS) Place: Building 31C, Conference Room 6, Room 2142, 6700–B Rockledge Drive, MSC Dated: December 7, 1999. National Institutes of Health, 3100 Center 7610, Rockville, MD 20892–7610, 301–496– LaVerne Y. Stringfield, Drive, Bethesda, MD 20892. 7291. Contact Person: John J. McGowan, Director, (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Division of Extramural Activities, NIAID, Program Nos. 93.855, Allergy, Immunology, Committee Policy. Room 2142, 6700–B Rockledge Drive, MSC and Transplantation Research; 93.856, [FR Doc. 99–32279 Filed 12–13–99; 8:45 am] 7610, Rockville, MD 20892–7610, 301–496– Microbiology and Infectious Diseases BILLING CODE 4140±4±M 7291. Research, National Institutes of Health, HHS) Name of Committee: National Advisory Dated: December 7, 1999. Allergy and Infectious Diseases Council, LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND Microbiology and Infectious Diseases HUMAN SERVICES Subcommittee. Director, Office of Federal Advisory Committee Policy. Date: February 17–18, 2000. National Institutes of Health Closed: February 17, 2000, 8:30 a.m. to [FR Doc. 99–32278 Filed 12–13–99; 8:45 am] 1:00 p.m. BILLING CODE 4140±01±M National Institute on Alcohol Abuse Agenda: To review and evaluate grant and Alcoholism; Notice of Closed applications. Meeting Place: Building 31C, Conference Room 6, DEPARTMENT OF HEALTH AND National Institutes of Health, 3100 Center HUMAN SERVICES Pursuant to section 10(d) of the Drive, Bethesda, MD 20892. Federal Advisory Committee Act, as Open: February 18, 2000, 8:30 a.m. to National Institutes of Health amended (5 U.S.C. Appendix 2), notice adjournment. is hereby given of the following Agenda: Open program advisory National Institute on Drug Abuse; meeting. discussions and presentations. Notice of Closed Meeting The meeting will be closed to the Place: Building 31C, Conference Room 6, National Institutes of Health, 3100 Center public in accordance with the Pursuant to section 10(d) of the provisions set forth in sections Drive, Bethesda, MD 20892. Federal Advisory Committee Act, as Contact Person: John J. McGowan, Director, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Division of Extramural Activities, NIAID, amended (5 U.S.C. Appendix 2), notice as amended. The contract proposals and Room 2142, 6700–B Rockledge Drive, MSC is hereby given of the following the discussions could disclose 7610, Rockville, MD 20892–7610, 301–496– meeting. confidential trade secrets or commercial 7291. The meeting will be closed to the property such as patentable material, Name of Committee: National Advisory public in accordance with the and personal information concerning Allergy and Infectious Diseases Council, provisions set forth in sections individuals associated with the contract Allergy, Immunology and Transplantation 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposals, the disclosure of which Subcommittee. as amended. The grant applications and would constitute a clearly unwarranted Date: February 17–18, 2000. the discussions could disclose Closed: February 17, 2000, 8:30 a.m. to invasion of personal privacy. confidential trade secrets or commercial 1:00 p.m. Name of Committee: National Institute on Agenda: To review and evaluate grant property such as patentable material, Alcohol Abuse and Alcoholism Special applications. and personal information concerning Emphasis Panel. Place: Natcher Building, Conference Room individuals associated with the grant Date: January 13, 2000. F1/F2, 45 Center Drive, Bethesda, MD 20892. applications, the disclosure of which Time: 10:00 a.m. to 12:00 p.m.
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Agenda: To review and evaluate contract This notice is being published less than 15 Health Risks from Environmental Exposures; proposals. days prior to the meeting due to the timing 93.142, NIEHS Hazardous Waste Worker Place: 6000 Executive Blvd., Suite 409, limitations imposed by the review and Health and Safety Training; 93.143, NIEHS Rockville, MD 20852 (Telephone Conference funding cycle. Superfund Hazardous Substances—Basic Call). (Catalogue of Federal Domestic Assistance Research and Education; 93.894, Resources Contact Person: Ronald Suddendorf, Program Nos. 93.113, Biological Response to and Manpower Development in the Scientific Review Administrator, Extramural Environmental Health Hazards; 93.114, Environmental Health Sciences, National Project Review Branch, National Institute on Applied Toxicological Research and Testing; Institutes of Health, HHS) Alcohol Abuse and Alcoholism, National 93.115, Biometry and Risk Estimation— Dated: December 7, 1999. Institutes of Health, Suite 409, 6000 Health Risks from Environmental Exposures; LaVerne Y. Stringfield, Executive Boulevard, Bethesda, MD 20892– 93.142, NIEHS Hazardous Waste Worker 7003, 301–443–2926. Director, Office of Federal Advisory Health and Safety Training; 93.143, NIEHS Committee Policy. (Catalogue of Federal Domestic Assistance Superfund Hazardous Substances—Basic Program Nos. 93.271, Alcohol Research Research and Education; 93.894, Resources [FR Doc. 99–32283 Filed 12–13–99; 8:45 am] Career Development Awards for Scientists and Manpower Development in the BILLING CODE 4140±01±M and Clinicians; 93.272, Alcohol National Environmental Health Sciences, National Research Service Awards for Research Institutes of Health, HHS) Training; 93.273, Alcohol Research Programs; Dated: December 7, 1999. DEPARTMENT OF HEALTH AND 93.891, Alcohol Research Center Grants, HUMAN SERVICES National Institutes of Health, HHS) LaVerne Y. Stringfield, Dated: December 7, 1999. Director, Office of Federal Advisory National Institutes of Health Committee Policy. LaVerne Y. Stringfield, [FR Doc. 99–32282 Filed 12–13–99; 8:45 am] Director, Office of Federal Advisory Center for Scientific Review; Notice of Committee Policy. BILLING CODE 4140±01±M Closed Meeting [FR Doc. 99–32281 Filed 12–13–99; 8:45 am] Pursuant to section 10(d) of the BILLING CODE 4140±01±M DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice is hereby given of the following DEPARTMENT OF HEALTH AND National Institutes of Health meeting. HUMAN SERVICES The meeting will be closed to the National Institute of Environmental National Institutes of Health public in accordance with the Health Sciences; Notice of Closed provisions set forth in sections National Institute of Environmental Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health Sciences; Notice of Closed Pursuant to section 10(d) of the as amended. The grant applications and Meeting Federal Advisory Committee Act, as the discussions could disclose confidential trade secrets or commercial Pursuant to section 10(d) of the amended (5 U.S.C. Appendix 2), notice is hereby given of the following property such as patentable material, Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice meeting. The meeting will be closed to the individuals associated with the grant is hereby given of the following applications, the disclosure of which meeting. public in accordance with the provisions set forth in sections would constitute a clearly unwarranted The meeting will be closed to the invasion of personal privacy. public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Name of Committee: Center for Scientific provisions set forth in sections Review Special Emphasis Panel. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose Date: December 14, 1999. as amended. The contract proposals and confidential trade secrets or commercial Time: 1:00 p.m. to 2:00 p.m. the discussions could disclose property such as patentable material, Agenda: To review and evaluate grant confidential trade secrets or commercial and personal information concerning applications. property such as patentable material, individuals associated with the grant Place: NIH, Rockledge 2, Bethesda, MD applications, the disclosure of which 20892 (Telephone Conference Call). and personal information concerning Contact Person: Ranga V. Srinivas, individuals associated with the contract would constitute a clearly unwarranted invasion of personal privacy. Scientific Review Administrator, Center for proposals, the disclosure of which Scientific Review, National Institutes of would constitute a clearly unwarranted Name of Committee: National Institute of Health, 6701 Rockledge Driver, Room 5108, invasion of personal privacy. Environmental Health Sciences Special MSC 7852, Bethesda, MD 20892, (301) 435– Emphasis Panel Conference Grants (R13). 1167, [email protected]. Name of Committee: National Institute of Date: January 19, 2000. This notice is being published less than 15 Environmental Health Sciences Special Time: 10:00 am to 11:00 am. days prior to the meeting due to the timing Emphasis Panel Environmental Justice: Agenda: To review and evaluate grant limitations imposed by the review and Validation of a Flow Cytometric Method to applications. funding cycle. Analyze Micronuclei. Place: NIEHS-East Campus, 79 TW Date: December 14, 1999. (Catalogue of Federal Domestic Assistance Alexander Drive, Building 4401, Room 3446, Time: 10:00 am to 12:30 pm. Program Nos. 93.306, Comparative Medicine, Agenda: To review and evaluate contract Research Triangle Park, NC 27709, 93.306; 93.333, Clinical Research, 93.333, proposals. (Telephone Conference Call). 93.337, 93.393–93.396, 93.837–93.844, Place: NIEHS, 79 T. W. Alexander Drive, Contact Person: J. Patrick Mastin, Scientific 93.846–93.878, 93.892, 93.893, National Building 4401, Conference Room 3446, Review Administrator, NIEHS, P.O. Box Institutes of Health, HHS) Research Triangle Park, NC 27709, 12233 MD EC–24, Research Triangle Park, Dated: December 7, 1999. NC 27709, (919) 541–1446. (Telephone Conference Call). LaVerne Y. Stringfield, Contact Person: David P. Brown, Scientific (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Review Administrator, Nat’l Institute of Program Nos. 93.113, Biological Response to Committee Policy. Environmental Health Sciences, P.O. Box Environmental Health Hazards; 93.114, 12233, Research Triangle Park, NC 27709, Applied Toxicological Research and Testing; [FR Doc. 99–32280 Filed 12–13–99; 8:45 am] (919) 541–4964. 93.115, Biometry and Risk Estimation— BILLING CODE 4140±01±M
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DEPARTMENT OF THE INTERIOR immediately contact the above office. improving or creating new riparian Documents also will be available for areas and wetlands, planting of native Fish and Wildlife Service public inspection, by appointment, grasses, and protecting existing mouse during normal business hours at the habitat along the St. Vrain Creek from Notice of Availability of an above address. any future development through a Environmental Assessment and conservation easement. Habitat Conservation Plan and Receipt SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulation Only one federally listed species, the of an Application for an Incidental Take threatened Preble’s meadow jumping Permit for Construction of Two prohibit the ‘‘take’’ of a species listed as endangered or threatened. Take is mouse, occurs on site and has the Residential Home Sites on the Leonard potential to be adversely affected by the Farm, Hygiene, Colorado defined under the Act, in part, as to kill, harm, or harass a federally listed project. To mitigate impacts that may AGENCY: Fish and Wildlife Service, species. However, the Service may issue result from the residential sites and the Interior. permits to authorize ‘‘incidental take’’ of future orchard, the HCP provides protection of the St. Vrain Creek ACTION: Notice of availability and listed species under limited receipt of application. circumstances. Incidental Take is corridor and its associated riparian defined under the Act as take of a listed areas, irrigated pastures, and grasslands SUMMARY: This notice advises the public species that is incidental to, and not the from all future development through the that Tracy Leonard, has applied to the purpose of, the carrying out of an conservation easement with Boulder County, creation of 3.1 acres of Fish and Wildlife Service for an otherwise lawful activity under limited wetlands, and enhancement of 3.0 acres incidental take permit pursuant to circumstances. Regulations governing through native grass planting. The section 10(a)(1)(B) of the Endangered permits for threatened species are creation of 3.1 acres of wetland and Species Act of 1973, as amended. The promulgated in 50 CFR 17.32. riparian zone at a 3:1 ratio will provide proposed permit would authorize the The applicants plans to construct and 1.03 acres of compensation. The incidental take of the Preble’s meadow occupy two residential home sites and enhancement of 3.0 acres through native jumping mouse (Zapus hudsonius a future orchard on their family farm. grass planting at a 2:1 mitigation will preblei), federally listed as threatened, The Leonard family farm is located near provide 1.5 acres of compensation. The and loss and modification of its habitat the Town of Hygiene, in Boulder, associated with construction and St. Vrain Creek corridor and its Colorado. The projects will impact a occupation of 2 residential home sites associated riparian areas, irrigated maximum of 3.2 acres that may result in and a future orchard on the Leonard pastures, and grasslands will be incidental take of the Preble’s meadow family farm. The duration of the permit protected from all future development jumping mouse. This includes 1.7 acres would be 50 years from the date of through the conversation easement with for the residential sites and 1.5 acres for issuance. Boulder County. This action preserves the future orchard. Both sites will We announce the receipt of the 8.4 acres of mouse habitat and will be impact upland areas only. applied to the conservation of the applicant’s incidental take permit Alternatives considered in addition to application that includes a combined mouse which at a 10:1 mitigation ratio the Proposed Action, were an alternate provides 0.84 acres of compensation. proposed Habitat Conservation Plan site location, alternate site design, and (HCP) and Environmental Assessment Total mitigation for the 3.2 acres no action. None of these alternatives impacted is conservation of 8.4 acres of (EA) for the Preble’s meadow jumping eliminated potential take of Preble’s. mouse for the Leonard farm. The usable mouse habitat, 3.1 acres of The onsite, offsite, and cumulative created wetlands, and 3.0 acres of proposed HCP/EA is available for public impacts of the Projects and all comment. It fully describes the enhanced habitat. All of the proposed associated development and mitigation area is within the boundaries proposed project and the measures the construction activities and mitigation applicant would undertake to minimize of the Leonard farm property, all of activities proposed by the HCP will which is included in the drainage basin and mitigate project impacts of the have no significant impact on the Preble’s meadow jumping mouse. All of S. Vrain Creek. The mitigation also Preble’s mouse, other threatened or includes planting of willows and comments on the EA/HCP and permit endangered species, vegetation, wildlife, application will become part of the grasses, livestock grazing management wetlands, geology/soils, land use, water to protect Preble’s meadow jumping administrative record and will be resources, air and water quality, or available to the public. mouse habitat and relocation of Crane cultural resources. None of the proposed Hollow Road and the proposed building DATES: Written comments on the permit impacts occur within the riparsan sites farther away from mouse habitat application, Habitat Conservation Plan, corridor. All of the proposed impacts than originally planned. and Environmental Assessment should are in upland areas outside of the 100 This notice is provided pursuant to be received on or before January 13, year floodplain. Of the 3.2 acres section 10(c) of the Act. We will 2000. proposed for residential development, evaluate the permit application, the ADDRESSES: Comments regarding the 1.7 acres falls within 300 linear feet of Plan, and comments submitted therein permit application and HCP/EA should the 100 year floodplain (the building to determine whether the application be addressed to LeRoy Carlson, Field sites have been raised out of the meets the requirements of section 10(a) Supervisor, U.S. Fish and Wildlife floodplain). Utilizing the most extensive of the Act. If it is determined that those Service, Colorado Field Office, 755 mouse protective habitat definition, the requirements are met, a permit will be Parfet Street, Suite 361, Lakewood, proposed development could impact up issued for the incidental take of the Colorado 80215. to 1.7 acres of potential mouse habit for Prebles meadow jumping mouse in FOR FURTHER INFORMATION CONTACT: the residential lots. In addition, the conjunction with the construction and Kathleen Linder, Fish and Wildlife proposed orchard next to the St. Vrain occupation of two residential lots on the Biologist, Colorado Field Office, Creek could potentially impact up to 1.5 Leonard farm and creation of a future telephone (303) 275–2370. Individuals acres of mouse habitat. The mitigation orchard. The final permit decision will wishing copies of the HCP/EA and will likely provide a net benefit to the be made no sooner than January 13, associated documents for review should Preble’s mouse and other wildlife by 2000.
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Dated: December 8, 1999. Preamble B. No person shall sell alcohol to any Ralph O. Morgenweck, person under the age of 21 at the 1. Title 18, United States Code, Conference Center. Regional Director, Region 6, Denver, Section 1161, provides Indian tribes Colorado. with authority to enact ordinances C. No person shall sell alcohol to a [FR Doc. 99–32290 Filed 12–13–99; 8:45 am] governing the consumption and sale of person apparently under the influence BILLING CODE 4310±55±M alcoholic beverages on their of liquor. Reservations, provided such ordinance 4. Where there may be a question of a person’s right to purchase liquor by DEPARTMENT OF THE INTERIOR is certified by the Secretary of the Interior, published in the Federal reason of his or her age, such person shall be required to present any one of Bureau of Indian Affairs Register and such activities are in conformity with state law. the following types of identification Jackson Band of Miwuk Indians of the 2. Pursuant to Article III Section 1 and which shows his or her correct age and Jackson Rancheria Article VI of the Tribe’s Constitution, bears his or her signature and the Tribal Council is the governing body photograph: (1) Driver’s license or AGENCY: Bureau of Indian Affairs, identification card issued by any state Interior. of the Tribe with the power to enact ordinances to promote the general Department of Motor Vehicles; (2) ACTION: Notice. welfare and economic advancement of United States Active Duty Military card; (3) passport. SUMMARY: This Notice is published in the Tribe and its members. 5. All liquor sales at the Conference accordance with authority delegated by 3. The Tribe is the owner and operator Center shall be on a cash only basis and the Secretary of the Interior to the of a Conference Center located on the no credit shall be extended to any Assistant Secretary—Indian Affairs by Rancheria known as the Jackson person, organization or entity, except 209 DM8, and in accordance with the Rancheria Conference Center that this provision does not prevent the Act of August 15, 1953 (Pub. L. 83–277, (hereinafter ‘‘Conference Center’’), at use of major credit cards. 67 Stat. 588, 18 U.S.C. § 1161), as which events will be held during which interpreted by the Supreme Court in certain food items are provided to the Posting Rice v. Rehner, 463 U.S. 713 (1983). Tribe and the general public. This Ordinance shall be This notice certifies that Ordinance No. 4. Said Conference Center, located on conspicuously posted at the Conference 99–04, the JACKSON BAND OF MIWUK trust land, is an integral and Center at all times it is open to the INDIANS OF THE JACKSON indispensable part of the Tribe’s public. RANCHERIA, was duly adopted by the economy, providing income to the Tribe Jackson Rancheria Tribal Council on and training and employment to its Enforcement October 26, 1997. The Ordinance members. 1. This Ordinance may be enforced by provides for the regulation of the 5. The Tribal Council has determined activities of the manufacture, the Tribal Council by implementation of that it is now in its best interest to offer monetary fines not to exceed $500 and/ distribution, sale, and consumption of for sale at events held at the Conference liquor in the area of Jackson Rancheria or withdrawal of authorization to sell Center, for on-premises consumption alcohol at the Conference Center. Prior lands under the jurisdiction of the only, alcoholic beverages. Jackson Rancheria. to any enforcement action, the Tribal 6. It is the purpose of this Ordinance Council shall provide the alleged DATES: This Ordinance is effective as of to set out the terms and conditions offender of this ordinance with at least December 14, 1999. under which the sale of said alcoholic three (3) days notice of an opportunity FOR FURTHER INFORMATION CONTACT: Jim beverages may take place. to be heard during a specially-called James, Branch of Judicial Services, General Terms Tribal Council meeting. The decision of Division of Tribal Government Services, the Tribal Council shall be final. Office of Tribal Services, 1849 C Street 1. The sale of alcohol at the 2. This Ordinance also may be NW, MS 4631–MIB, Washington, DC Conference Center, for on-premises enforced by the Amador County 20240–4001; telephone (202) 208–4400. consumption only, is hereby authorized. Sheriff’s Office at the request of the SUPPLEMENTARY INFORMATION: The 2. No alcoholic beverages may be sold Tribal Council. JACKSON BAND OF MIWUK INDIANS at any location on the Rancheria other 3. In the exercise of its powers and OF THE JACKSON RANCHERIA than the Conference Center. For the duties under this ordinance, the Tribal Ordinance No. 99–04 is to read as purpose of this section, the term Council and its individual members follows: ‘‘premises’’ shall include the Conference shall not accept any gratuity or Jackson Band of Miwuk Indians of the Center and an area of 50 yards around compensation from any liquor Jackson Rancheria Amador County, its perimeter. wholesaler, retailer, or distributor for California Tribal Council Ordinance 3. The sale of said alcoholic beverages the Conference Center. No. 99–04 authorized by this Ordinance shall be in conformity with all applicable laws of Severability Sale and Consumption of Alcoholic the State of California, and the sale of If any provision or application of this Beverages said beverages shall be subject to state ordinance is determined by review to be The Tribal Council of the Jackson sales tax, federal excise tax and any fees invalid, such adjudication shall not be Band of Miwuk Indians of the Jackson required by the Federal Bureau of held to render ineffectual the remaining Rancheria (hereinafter ‘‘Council’’), Alcohol, Tobacco & Firearms. This portions of this title or to render such governing body of the Jackson Band of includes but is not limited to the provisions inapplicable to other persons Miwuk Indians of the Jackson Rancheria following examples: or circumstances. (hereinafter ‘‘Tribe’’), hereby enacts this A. No person under the age of 21 Amendment Ordinance to govern the sale and years shall consume, acquire or have in consumption of alcoholic beverages on his or her possession at the Conference This ordinance may only be amended Rancheria lands. Center any alcoholic beverage. by a majority vote of the Tribal Council.
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Sovereign Immunity Waganakising Odawak Statute No. within Emmet and Charlevoix Counties, 1999008 Liquor Control Statute of the Michigan which are now or hereafter Nothing in this ordinance in any way Little Traverse Bay Bands of Odawa owned by the Bands or held in trust for limits, alters, restricts or waives the Indians the Bands by the United States. Tribe’s sovereign immunity from H. State means the State of Michigan. unconsented suit or action. Section I: Title This Statute shall be known as the I. Tribal representatives means the Effective Date ‘‘Liquor Control Statute.’’ This Statute Tribal administrator, a program director or manager of a subsidiary or This ordinance shall be effective as a repeals and replaces the Liquor Control commercial enterprise of the Tribe. matter of tribal law as of the date of the Statute enacted on October 26, 1997 adoption by the Tribal Council, and (Waganakising Odawak Statute No. J. Tribal license means an official effective as a matter of Federal law on 1997021). action by the Tribal Council which authorizes the sale of alcoholic such date as the Assistant Secretary— Section II: Authority Indian Affairs certifies and publishes beverages for consumption either on the the same in the Federal Register. This statute is enacted pursuant to the premises and/or away from the Act of August 15, 1953. (Pub. L. 83–277, premises. Dated: November 24, 1999. 67 Stat. 588, 18 U.S.C. 1161) and Article K. Premises means specified locations Kevin Gover, VII, Section 1 (g) and (m) of the within the Indian Country of the Tribe, Assistant Secretary—Indian Affairs. Constitution and Bylaws of the Little as described in a license issued by the [FR Doc. 99–31394 Filed 12–13–99; 8:45 am] Traverse Bay Bands of Odawa Indians. Tribal Council. BILLING CODE 4310±02±P Section III: Purpose Section VI: General Provisions This statute regulates the A. Policy. DEPARTMENT OF THE INTERIOR consumption, delivery and/or sale of alcoholic beverages within the Indian It is the policy of the Tribe that only Bureau of Indian Affairs country lands of the Little Traverse Bay the Tribe and its subsidiary enterprises Bands of Odawa Indians, for the may engage in the sale of alcoholic Little Traverse Bay Bands of Odawa purpose of protecting the health, safety beverages within the Indian Country of Indians Alcoholic Beverage Control and welfare of the Tribe and its the Tribe. Therefore, no person other Law members as well as the general public. than the tribal government or its Section IV: Interpretation subsidiary enterprises may deliver for AGENCY: Bureau of Indian Affairs, profit, sell or trade for profit any Interior. This statute shall be deemed an alcoholic beverages within the Indian exercise of the police and regulatory Country of the Tribe. ACTION: Notice. powers of the Little Traverse Bay Bands of Odawa Indians to promote tribal self- B. On-Premises Consumption SUMMARY: This Notice is published in determination and to protect the public No person shall sell, trade, transport, accordance with authority delegated by welfare, and all provisions of this manufacture, use, or possess any the Secretary of the Interior to the statute shall be liberally construed for alcoholic beverage, nor any other Assistant Secretary—Indian Affairs by the accomplishment of these purposes. 209 DM8, and in accordance with the substance whatsoever capable of Section V: Definitions Act of August 15, 1953 (Pub. L. 83–277, producing alcoholic intoxication, 67 Stat. 588, 18 U.S.C. 1161). This The following definitions apply in intended for consumption on the premises, nor aid nor abet any Indian or notice certifies that Waganakising this statute, unless the context non-Indian person in any of the Odawak Statute No. 1999008 was duly otherwise requires: foregoing, except in compliance with adopted by the LITTLE TRAVERSE BAY A. Alcoholic beverage means any the terms and conditions of this Statute BANDS OF ODAWA INDIANS on June spirituous, vinous, malt or fermented as well as applicable federal Indian 27, 1999. The Statute provides for the liquor, liquors and compounds, whether liquor laws, and applicable provisions regulation of the activities of the or not medicated, proprietary, patented, of the laws of the State of Michigan and manufacture, distribution, sale, and and by whatever name called, 1 regulations administered by its Liquor consumption of liquor in the area of containing one-half of one percent ( ⁄2 of Control Commission. LITTLE TRAVERSE BAY BANDS OF 1%) or more alcohol by volume, which ODAWA INDIANS under the are fit for use for beverage purposes. C. Off-Premises Consumption jurisdiction of the LITTLE TRAVERSE B. Liquor means any alcoholic drink. BAY BANDS OF ODAWA INDIANS. C. Person means a natural person, No person shall sell, trade, transport, firm, association, corporation or other manufacture, use, or possess any DATES: This Statute is effective as of legal entity. alcoholic beverage, nor any other December 14, 1999. D. Tribe or Bands means the Little substance whatsoever capable of producing alcoholic intoxication, FOR FURTHER INFORMATION CONTACT: Jim Traverse Bay Bands of Odawa Indians. D. James, Branch of Judicial Services, E. Tribal Council means the governing intended for consumption away from the premises, nor aid nor abet any Division of Tribal Government Services, body of the Little Traverse Bay Bands of Indian or non-Indian person in any of Office of Tribal Services, 1849 C Street Odawa Indians, which body is also the foregoing, except in compliance NW, MS 4631–MIB, Washington, DC referred to as the Board of Directors in with the terms of this statute, applicable 20240–4001; telephone (202) 208–4400. the Tribe’s Constitution and Bylaws. F. Secretary means the Secretary of federal Indian liquor laws, and SUPPLEMENTARY INFORMATION: LITTLE the United States Department of the applicable provisions of the laws of the TRAVERSE BAY BANDS OF ODAWA Interior. State of Michigan and regulations INDIANS Statute No. 1999008 is to read G. Indian Country of the Tribe means, administered by its Liquor Control as follows: for purposes of this Statute, all lands Commission.
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D. Application of State Law renewal applications on or before Statute, and all rights of the licensee to Unless otherwise contradicted by this December 15. keep or sell alcoholic beverages under this Statute shall be suspended or Statute or other Tribal law, laws of the Section VIII: Violations terminated as the case may be. Pending State and regulations of its Liquor A. Any Indian person found to be in Control Commission shall pertain to final judgment the Tribal Court may violation of the provisions of this issue orders for preliminary injunction sale, trade, manufacture, use or Statute shall be deemed guilty of a possession of alcoholic beverages within if the plaintiff can demonstrate a criminal offense and may be prosecuted likelihood of success and irreparable the Indian Country of the Tribe. in Tribal Court in an action brought by Provided that in no event shall any laws injury to the Tribe or its members if the Tribal Prosecutor. Any such such orders are not issued. of the Tribe pertaining to liquor criminal proceeding against an Indian regulation be construed to be less person shall comply with all due Section IX: Effective Date stringent than the laws and regulations process and equal protection This ordinance shall be effective as a of the State. Nothing in this section or requirements of the Indian Civil Rights matter of tribal law as of the date of the Statute is intended to allow the State to Act, which shall include at a minimum adoption by the Tribal Council, and exercise any jurisdiction over the Tribe, adequate notice, a full and fair hearing, effective as a matter of Federal law on its members, or any persons or and the right to call and cross examine such date as the Assistant Secretary— transactions within the Indian Country witnesses. Upon conviction, the Tribal Indian Affairs certifies and publishes of the Tribe that the State would not Court may impose a sentence of a fine the same in the Federal Register. otherwise have. Nothing in this section not greater than $1,000.00 and/or a jail or statute is intended to in any way term not exceeding sixty (60) days. Section X: Savings Clause waive or limit the sovereign immunity B. Nothing in this statute shall be In the event that any phrase, of the Tribe. construed to require or authorize the provision, part, paragraph, subsection or E. Condition of Tribal License criminal trial and punishment by the section of this Statute is found by a Tribal Court of any non-Indian except to court of competent jurisdiction to Any tribal enterprise having a license the extent allowed under Federal law. In violate the Constitution, laws or for the sale of alcoholic beverages issued general, when any provision of this ordinances of the Little Traverse Bay by the Tribal Council shall be required Statute is violated by a non-Indian, her Bands of Odawa Indians or applicable to comply, as a condition of retaining or she shall be referred to state and/or Federal law, such phrase, provision, such license, with any applicable tribal Federal authorities for prosecution paragraph, subsection or section shall be laws and ordinances and shall further under applicable law. However, considered to stand alone and to be observe the laws of the State regarding violations of this Statue by a non-Indian deleted from this Statute, the entirety of times of sale and minimum ages of shall also be deemed a civil offense the balance of the Statute to remain in persons to whom sales may be made. against the Tribe and a civil action full and binding force and effect. against non-Indian violators may Section VII: Tribal Licenses for the Sale Dated: November 24, 1999. of Alcoholic Beverages proceed in Tribal Court to the extent allowed under Federal law. In such civil Kevin Gover, A. Upon application submitted in action brought in Tribal Court by the Assistant Secretary—Indian Affairs. writing by tribal representatives, the Tribal Prosecutor, the Tribal Court may [FR Doc. 99–31393 Filed 12–13–99; 8:45 am] Tribal Council may issue a license impose a fine not greater than $1,000.00 BILLING CODE 4310±02±P authorizing (1) sale of alcoholic and/or exclusion from the Tribe’s beverages (or specific types thereof) reservation, as authorized in Article VII, solely for consumption on the premises, Section 1(h) of the Tribe’s Constitution. DEPARTMENT OF THE INTERIOR and/or (2) sale of alcoholic beverages (or Any such civil proceeding against a specific types thereof) intended for non-Indian shall comply with all due Bureau of Land Management consumption away from the premises. process and equal protection [CO±010±07±1020±00±241A] B. All applications for such licenses requirements of the Indian Civil Rights must be submitted to the Tribal Council Act, which shall include at a minimum Northwest Colorado Resource in writing, setting forth the purpose for adequate notice, a full and fair hearing, Advisory Council Meeting the license together with the description and the right to call and cross examine AGENCY: of the premises upon which such sale is witnesses. Bureau of Land Management, proposed to take place. C. Revocation of License. The Interior. C. The Tribal Council shall have the Chairperson of the Tribal Council, or the ACTION: Notice of meeting. power and authority to determine, in its Tribal Prosecutor may, for alleged SUMMARY: The next meeting of the sole discretion, the number and type of violation of this Statute, institute and Northwest Colorado Resource Advisory licenses for the sale of alcoholic maintain an action in the Tribal Court Council will be held on Saturday beverages that may from time-to-time be in the name of the Tribe to revoke or January 15, 2000, at the Garfield County issued pursuant to this ordinance. suspend a license issued under this Courthouse in Glenwood Springs, D. Fees. The Tribal Council may set Statute. Such proceeding against the Colorado. reasonable fees for the issuance of holder of the license in question shall licenses under this Statute. comply with all due process and equal DATES: Saturday, January 15, 2000. E. Duration of License. Unless sooner protection requirements of the Indian ADDRESSES: For further information, canceled, every license issued by the Civil Rights Act, which shall include at contact Lynn Barclay, Bureau of Land Tribal Council shall expire at midnight a minimum adequate notice, a full and Management (BLM), 455 Emerson on the 31st day of December. fair hearing, and the right to call and Street, Craig, Colorado 81625; Applications for renewal must be cross examine witnesses. Upon final Telephone (970) 826–5096. submitted to the Tribal Council on or judgment issued against the defendant, SUPPLEMENTARY INFORMATION: The before November 15 of the preceding the Tribal Court may order the forfeiture Northwest Resource Advisory Council year. The Tribal Council will act on all of any license issued pursuant to this will meet on Saturday January 15, 2000,
VerDate 29-OCT-99 19:26 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm01 PsN: 14DEN1 69782 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices at the Garfield County Courthouse, Suite hours within thirty (30) days following the Best Western Vista inn, 2645 Airport 302, 109 8th Street, Glenwood Springs, the meeting. Way, Boise, Idaho, from 8:00 a.m. to Colorado. The meeting will start at 9 Dated: December 8, 1999. 4:15 p.m., Mountain Standard Time a.m. and include election of officials Richard Arcand, (MST), on Monday, January 24, 2000, and goal setting for the Northwest from 8:00 a.m. to 12:00 p.m. on Acting Center Manager, Northwest Center. Colorado Resource Advisory Council, Tuesday, January 25, 2000. Topics to be discussion of the proposed statewide [FR Doc. 99–32291 Filed 12–13–99; 8:45 am] discussed by the Council include Sage recreation guidelines, and discussion of BILLING CODE 4310±70±P Grouse Listing, Bully Creek Landscape protection alternatives for the Ruby Management Project, Great Basin Canyon/Black Ridge area in the Grand Restoration Initiative, Updates on DEPARTMENT OF THE INTERIOR Junction Field Office. Steens Legislation, Steens Wilderness, The meeting is open to the public. Bureau of Land Management Southeastern Oregon Resource Interested persons may make oral Management Plan, Lakeview Resource statements at the meetings or submit [OR±020±1020±DE; G±0038] Management Plan, Interior Columbia written statements at the meeting. Per- Management Plan, Prescribed Fire, and Meeting; Southeast Oregon Resource person time limits for oral statements such other matters as may reasonably Advisory Council may be set to allow all interested come before the Council. The entire persons an opportunity to speak. AGENCY: Bureau of Land Management meeting is open to the public. Public Summary minutes of council (BLM), Burns District. comment is scheduled for 11:30 a.m. to meetings are maintained at the Bureau ACTION: Meeting notice for the Southeast 12:00 p.m. MST on Monday, January 24, of Land Management Offices in Grand Oregon Resource Advisory Council. 2000. Junction and Craig, Colorado. They are The Southeast Oregon Resource available for public inspection and SUMMARY: The Southeast Oregon Advisory Council will meet on the reproduction during regular business Resource Advisory Council will meet at following dates in the year 2000:
Date Place Location
01/24±25/2000 ...... Best Western Vista Inn ...... Boise, Idaho. 04/13±14/2000 ...... Treasure Valley Community College ...... Ontario, Oregon. 07/20±21/2000 ...... Burns District Office, BLM ...... Hines, Oregon. 10/19±20/2000 ...... Lakeview District Office, BLM ...... Lakeview, Oregon.
FOR FURTHER INFORMATION CONTACT: ABSTRACT: The National Park Service is and attitudes of the general public. This Additional information concerning the conducting a Comprehensive Survey of information will be used to help the Southeast Oregon Resource Advisory the American Public to assess opinions staff at NPS develop appropriate Council may be obtained from Holly and attitudes of a representative sample policies. LaChapelle, Resource Assistant, Burns of the American public regarding the There were no public comments District Office, HC 74–12533 Highway National Park System. Data will be received as a result of publishing in the 20 West, Hines, Oregon, 97738, (541) generalizable at the regional and Federal Register a 60 day notice of 573–4501, or Holly national level. Visitor and Non-visitor intention to request clearance of [email protected] or our web sites survey instruments will be utilized to information collection for this survey. at reach the following objectives: DATES: Public comments will be http://www.or.blm.gov/Lakeview/ (1) Improve National Park Service accepted on or before January 13, 2000. seorac/seorac.htm understanding of the general public; SEND COMMENTS TO: Office of http://www.or.blm.gov/Vale/SEORAC/ (2) Describe public views about parks Information and Regulatory Affairs of sorac.htm and park management; OMB, Attention Desk Officer for the http://www.or.blm.gov/Burns/rac.html (3) Develop a baseline to monitor Interior Department, Office of Dated: December 7, 1999. changes in public opinion over time. Management and Budget, Washington, Thomas H. Dyer, SUMMARY: Under the provisions of the DC 20530. Please also send comments to District Manager. Paperwork Reduction Act of 1995 and 5 Frederic I. Solop, Ph.D., Principal [FR Doc. 99–32367 Filed 12–13–99; 8:45 am] CFR part 1320, Reporting and Record Investigator, Social Research Laboratory, BILLING CODE 4310±84±M Keeping Requirements, the NPS invites Northern Arizona University, P.O. Box public comment on the proposed 15301, Flagstaff, AZ 86011. information collection request (ICR). Public comments, including names DEPARTMENT OF THE INTERIOR Comments are invited on: (1) The need and addresses of respondents, may be for the information including whether made available for public review. National Park Service the information has practical utility; (2) Individual respondents may request that the accuracy of the reporting burden their address be withheld from the Notice of Submission of Study estimate; (3) ways to enhance the public comment record. This will be Package to Office of Management and quality, utility, and clarity of the honored to the extent allowable by law. Budget; Opportunity for Public information to be collected; and (4) There also may be circumstances in Comment ways to minimize the burden of the which a respondent’s identity would be AGENCY: Department of the Interior, information collection on respondents, withheld from the public comment National Park Service. including the use of automated record, as allowable by law. If you wish collection techniques or other forms of to withhold your name and/or address, ACTION: Notice and request for information technology. The purpose of you must state this prominently at the comments. the proposed ICR is to survey opinions beginning of your comment.
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Anonymous comments will not be Dated: December 9, 1999. Reference is made to survey done by considered. Comments from Betsy Chittenden, Charles F. Dawley, Licensed Surveyor organizations or businesses, and from Information Collection Clearance Officer, dated September 1, 1999. individuals identifying themselves as WASO Administrative Program Center, A map of the area (drawing 392/ representatives or officials of National Park Service. 92002A) is on file and available for organizations or businesses may be [FR Doc. 99–32344 Filed 12–13–99; 8:45 am] inspection in the Land Resources made available for public inspection in BILLING CODE 4310±70±P Program Center, Southeast Regional their entirety. Office, 100 Alabama Street, S.W., Copies of the proposed ICR can be Atlanta, Georgia 30303, and in the obtained from Frederic I. Solop, Ph.D., DEPARTMENT OF THE INTERIOR Offices of the National Park Service, Principal Investigator, Social Research National Park Service Department of the Interior, Washington, Laboratory, Northern Arizona DC 20240. University, PO Box 15301, Flagstaff, AZ Notice of Boundary Revision, Fort Dated: December 8, 1999. 86011. Moultrie Unit of Fort Sumter National Robert Stanton, The OMB has up to 60 days to Monument, South Carolina approve or disapprove the information Director, National Park Service. collection but may respond after 30 SUMMARY: Public Law 80–504 (62 Stat. [FR Doc. 99–32343 Filed 12–13–99; 8:45 am] days. Therefore, to ensure maximum 204) dated April 28, 1948, authorized BILLING CODE 4310±70±P consideration, OMB should receive the establishment of Fort Sumter public comments on or before thirty National Monument. Fort Moultrie was days from date of publication in the added as a unit of Fort Sumter National DEPARTMENT OF THE INTERIOR Federal Register. Monument in 1960 under the authority National Park Service FOR FURTHER INFORMATION OR A COPY OF of the Historic Sites Act of 1935 (49 Stat. THE STUDY PACKAGE SUBMITTED FOR OMB 666). Sections 7(c)(I) and 7(ii) of the Northeast Region/Boston Support REVIEW, CONTACT: Frederic I. Solop, Land and Water Conservation Fund Act, Office phone: 520–523–3135. as amended by the Act of June 10, 1977 (Pub. L. 95–42, 91 Stat. 210), and the In accordance with Public Law 103– SUPPLEMENTARY INFORMATION: Act of November 12, 1996 (Pub. L. 104– 332, the National Park Service Title: Comprehensive Survey of the 333, 110 Stat. 4194) further authorized announces that the draft special American Public. the Secretary to make minor revision in resource study of the Lake Champlain Form Number: Not applicable. the boundaries whenever the Secretary Valley, including an environmental OMB Number: To be assigned. of the Interior determines that it is assessment, is available for public Expiration Date: To be assigned. necessary for the preservation, review and comment. protection, interpretation or Type of Request: Request for new A special resource study is used by management of an area. clearance. the National Park Service to evaluate a Notice is given that the boundary of Description of Need: The National resource for national significance and to the Fort Moultrie Unit of Fort Sumter Park Service needs information about assess its suitability and feasibility for National Monument has been revised the attitudes and opinions of the general possible federal designation and further pursuant to the above Acts to public for planning and management National Park Service involvement. encompass lands described as follows: purposes. Based on the results of this assessment, A tract of land located in the Town of The proposed information to be the study presents a range of possible Sullivans Island, Charleston County, collected from the general public is not management alternatives. available from existing records, sources, South Carolina, more particularly described as follows: The draft special resource study of the or observations. Lake Champlain Valley is available for Automated Data Collection: At the Beginning at an iron monument set at the Southeast corner of the intersection review at most local libraries throughout present time, there is no automated way the Lake Champlain region of New York to gather this information, since it of Middle Street and Station 12 Street; Thence with the southern right-of- and Vermont. Copies are also available includes asking a representative sample ° ′ ′′ from W. Douglas Lindsay, of the American public questions way of Middle Street S 83 31 22 E, 92.57 feet to a concrete bound marking Superintendent, Saratoga National related to National Park System Historical Park, 648 Route 32, management. lands of the United States of America; Thence with lands of said United Stillwater, NY, 12170; or from Philip B. Description of Respondents: A general States of America S 16° 46′ 50′′ W, Huffman, a National Park Service public sample will be randomly 125.35 feet to a concrete bound; contractor, 82 Church Street, selected. Thence continuing N 76° 33′ 09′′ W, Burlington, VT, 05401. For further Estimated Average Number of 82.39 feet to a concrete bound on the information, call Saratoga National Respondents: 3500. eastern right-of-way of said Station 12 Historical Park at 518/664–9821, ext. Estimated Average Number of Street; 206; or Mr. Huffman at 802/865–4523. Responses: Each respondent will Thence with the right-of-way of said Written comments will be accepted respond only one time, so the number Station 12 Street N 12° 20′ E, 113.93 feet through March 1, 2000 at Boston of responses will be the same as the to the point beginning. Support Office, National Park Service, number of respondents. Containing 0.24 acres, more or less. 15 State Street, Boston, MA 02109, Attn: Estimated Average Burden Hours Per Being all of the same property Larry Lowenthal. Response: 13 minutes. conveyed by Judson C. Spence and Sandra Corbett, Frequency of Response: One time per Mary T. Spence to Osceola & Company, Acting Superintendent, Boston Suppport respondent. by deed dated June 1, 1998, Recorded in Office. Estimated Annual Reporting Burden: Deed Book S304, Page 693, RMS Office, [FR Doc. 99–32342 Filed 12–13–99; 8:45 am] 758 hours. Charleston County, South Carolina. BILLING CODE 4310±70±P
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DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE District of Columbia, Washington, DC, in United States v. AlliedSignal Inc. and Notice of Lodging of Consent Decree Notice of Lodging of Consent Decree Honeywell Inc., Case No. 1:99 CV 02959 Pursuant to the Comprehensive Pursuant to the Clean Water Act (PLF). Environmental Response, On November 8, 1999, the United In accordance with Departmental Compensation and Liability Act States filed a Complaint, which alleged Policy, 28 CFR 50.7, notice is hereby that AlliedSignal’s proposed merger given that a proposed Consent Decree in In accordance with Departmental with Honeywell would violate Section 7 policy, 28 CFR 50.7, and in accordance United States v. HPS&R, Inc, Case No. of the Clayton Act, 15 U.S.C. 18, by with Section 122(d)(2) of CERCLA, 42 7:99–CV–222–BR(1) (E.D.N.C.), was substantially lessening competition in U.S.C. 9622(d)(2), notice is hereby given lodged with the United States District the traffic alert and collision avoidance that a proposed consent Decree in Court for the Eastern District of North systems (‘‘TCAS’’) market, the search United States v. BP Amoco PLC, et al., Carolina on November 22, 1999. The and surveillance weather radar Civil Action No. 4–99–CV–10671, was proposed Consent Decree concerns (‘‘SSWR’’) market, the reaction and lodged on November 29, 1999, with the alleged violations of sections 301(a) and momentum wheel market, and the United States District Court for the 404 of the Clean Water Act, 33 U.S.C. inertial systems market. The proposed Southern District of Iowa. 1311(a) and 1344, resulting from Final Judgment, filed on November 8, Defendant’s unauthorized discharge of The Consent Decree settles an action 1999, requires AlliedSignal and dredged and/or fill material into waters Honeywell to divest the TCAS business brought under Section 107 of the of the United States at the Phillips- Comprehensive Environmental of Honeywell located in Glendale, Sabiston Estate in Onslow County, Arizona; the SSWR business of Response, Compensation and Liability North Carolina. Act (‘‘CERCLA’’), 42 U.S.C. 9607, to AlliedSignal located in Olathe, Kansas; The proposed Consent Decree would the space and navigation business of recover costs incurred in connection require the payment of a civil penalty of with Operable Units 2 and 4 at the Site. AlliedSignal located in Teterboro, New $85,000 and preservation of 100 acres of Jersey; the mechanical rate gyroscope The Defendants are BP Amoco PLC, wetlands as a supplemental Chevron Chemical Company, Bayer business of Allied Signal located in environmental project. Cheshire, Connecticut, and a related Corporation, Monsanto Company, and The United States Department of repair business in Newark Ohio; the Shell Oil Company. The Consent Decree Justice will receive written comments microSCIRAS technology business of provides that the Defendants will pay relating to the proposed Consent Decree AlliedSignal located in Redmond, the United States $2,513,808 for for a period of thirty (30) days from the Washington, or, in the alternative, the response costs incurred in conducting date of publication of this notice. micro-electro-mechanical system response activities at the Des Moines Comments should be addressed to S. inertial sensor business of Honeywell TCE Site, Operable Units 2 and 4, Randall Humm, Attorney, United States located in Minneapolis and Plymouth, located in Des Moines, Iowa. Department of Justice, environmental Minnesota; and the AlliedSignal Defense Section, PO Box 23986, The Department of Justice will micromachined silicon accelerator and Washington, D.C. 20026–3986, and receive, for a period of thirty (30) days micromachined accelerometer should refer to United States v. HPS&R, from the date of this publication, gyroscope technology business. comments relating to the proposed Inc, Case No. 7:99–CV–222–BR(1) Public comment is invited within the Consent Decree. Comments should be (E.D.N.C.). statutory 60-day comment period. Such The proposed Consent Decree may be addressed to the Assistant Attorney comments and responses thereof will be examined at the Clerk’s Office, United General for the Environment and published in the Federal Register and States District Court for the Eastern Natural Resources Division, Department filed with the Court. Comments should District of North Carolina, 310 New of Justice, Washington, D.C. 20530, and be directed to J. Robert Kramer II, Chief, Bern Avenue, Federal Building, 5th should refer to United States v. BP Litigation II Section, Antitrust Division, Floor, Raleigh, North Carolina. Amoco PLC, et al., DOJ Ref. #90–11–3– U.S. Department of Justice, 1401 H. 1138A. Letitia J. Grishaw, Street, NW, Suite 3000, Washington, DC Chief, Environmental Defense Section, 20530 [telephone: (202) 307–0924]. The proposed Consent Decree may be Environment and Natural Resources Division, examined at the office of the United United States Department of Justice. Constance K. Robinson, States Attorney, Southern District of [FR Doc. 99–32327 Filed 12–13–99; 8:45 am] Director of Operations & Merger Enforcement. Iowa U.S. Courthouse Annex, 2nd Fl., BILLING CODE 4410±15±M Hold Separate Stipulation and Order 110 East Court, Des Moines, Iowa 50309; and the Region VII Office of the It is hereby stipulated and agreed by Environmental Protection Agency, 726 DEPARTMENT OF JUSTICE and between the undersigned parties, Minnesota Avenue, Kansas City, KS subject to approval and entry by the 66202. A copy of the Consent Decree Antitrust Division Court, that: may also be obtained by mail from the I. Definitions Consent Decree Library, P.O. Box 7611, United States v. AlliedSignal Inc. and Washington, D.C. 20044–7611. In Honeywell Inc.; Proposed Final As used in this Hold Separate requesting a copy, please enclose a Judgment and Competitive Impact Stipulation and Order: check in the amount of $8.75 (25 cents Statement A. ‘‘United States’’ means plaintiff per page reproduction cost) payable to United States of America. Notice is hereby given pursuant to the B. ‘‘DoD’’ means the United States the Consent Decree Library. Antitrust Procedures and Penalties Act, Department of Defense. Joel M. Gross, 15 U.S.C. 16(b)–(h), that a proposed C. ‘‘AlliedSignal’’ means defendant Chief, Environmental Enforcement Section, Final Judgment, Hold Separate AlliedSignal Inc., a Delaware Environment and Natural Resources Division. Stipulation and Order, and Competitive corporation with its headquarters in [FR Doc. 99–32326 Filed 12–13–99; 8:45 am] Impact Statement have been filed with Morristown, New Jersey, and its BILLING CODE 4410±15±M the United States District Court for the successors, assigns, subsidiaries,
VerDate 29-OCT-99 19:26 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm01 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69785 divisions, groups, affiliates, N. ‘‘Merger Agreement’’ means the the Complaint herein before the Court partnerships and joint ventures, and Agreement and Plan of Merger entered has signed this Hold Separate directors, officers, managers, agents, and into by AlliedSignal and Honeywell on Stipulation and Order. employees. June 4, 1999, and any subsequent D. This Hold Separate Stipulation and D. ‘‘Honeywell’’ means defendant agreement relating to or amending the Order shall apply with equal force and Honeywell Inc., a Delaware corporation June 4, 1999 agreement. effect to any amended proposed Final Judgment agreed upon in writing by the with its headquarters in Minneapolis, II. Objectives Minnesota, and its successors, assigns, parties and submitted to the Court. subsidiaries, divisions, groups, The proposed Final Judgment filed in E. In the event (1) The United States affiliates, partnerships and joint this case is meant to ensure prompt has withdrawn its consent, as provided ventures, and directors, officers, divestiture by defendants of the in Section IV(A) above, or (2) The managers, agents, and employees. Divested Businesses for the purposes of proposed Final Judgment is not entered E. ‘‘TCAS Business’’ means the traffic creating viable competitors in the pursuant to this Hold Separate alert and collision avoidance systems innovation, development, production, Stipulation and Order, the time has (‘‘TCAS’’) business of Honeywell, as marketing and sale of the products of expired for all appeals of any Court defined in the proposed Final Judgment the Divested Businesses and to remedy ruling declining entry of the proposed filed in this case. the effects that the United States alleges Final Judgment, and the Court has not F. ‘‘SSWR Business’’ means the search would otherwise result from defendants’ otherwise ordered continued and surveillance weather radar proposed merger. This Hold Separate compliance with the terms and (‘‘SSWR’’) business of AlliedSignal, as Stipulation and Order ensures the provisions of the proposed Final defined in the proposed Final Judgment timely and complete transfer of the Judgment, then the parties are released filed in this case. Divested Businesses and maintains each from all further obligations under this G. ‘‘Teterboro Business’’ means of the Divested Businesses as an Hold Separate Stipulation and Order, and the making of this Hold Separate AlliedSignal’s entire Space and independent, viable competitor until the Stipulation and Order shall be without Navigation business in Teterboro, New divestitures are complete. prejudice to any party in this or any Jersey, as defined in the proposed Final III. Jurisdiction and Venue other proceeding. Judgment filed in this case. The Court has jurisdiction over the F. Defendants represent that the H. ‘‘Cheshire Business’’ means the subject matter of this action and over divestitures ordered in the proposed entire business of AlliedSignal in each of the parties hereto, and venue of Final Judgment can and will be made, Cheshire, Connecticut that produces this action is proper in the United States and that defendants will later raise no mechanical inertial measurement units District Court for the District of claim of mistake, hardship or difficulty and components, as defined in the Columbia. of compliance as grounds for asking the proposed Final Judgment filed in this Court to modify any of the provisions case. IV. Compliance With and Entry of contained therein. I. ‘‘AlliedSignal Micro SCIRAS Proposed Final Judgment Business’’ means the micro SCIRAS A. The parties stipulate that a V. Hold Separate Provisions business of AlliedSignal, as defined in proposed Final Judgment in the form A. Defendants shall expressly the proposed Final Judgment filed in attached hereto as Exhibit A may be undertake to compete with each of the this case. filed with and entered by the Court, Divested Businesses in the applicable J. ‘‘Honeywell MEMS Business’’ upon the motion of any party or upon market in the exercise of their best means the micro-electro-mechanical the Court’s own motion, at any time judgments and without regard to the systems (‘‘MEMS’’) business of after compliance with the requirements Merger Agreement, as if the Post-merger Honeywell, as defined in the proposed of the Antitrust Procedures and Company and the Divested Businesses Final Judgment filed in this case. Penalties Act (15 U.S.C. 16), and were in all respects separate and K. ‘‘AlliedSignal MSA and MAG without further notice to any party or independent business entities. Technology Business’’ means the other proceedings, provided that the B. Defendants shall preserve, business owned by AlliedSignal and United States has not withdrawn its maintain, and operate each of the relating directly to the ‘‘Micromachined consent, which it may do at any time Divested Businesses as an independent Silicon Accelerometer (‘MSA’)’’ and the before the entry of the proposed Final competitor with management, research, ‘‘Micromachined Accelerometer Judgment by serving notice thereof on development, production, sales and Gyroscope (‘MAG’)’’, as defined in the defendants and by filing that notice operations held entirely separate, proposed Final Judgment filed in this with the Court. distinct and apart from the other case. B. Defendants shall abide by and businesses of defendants. None of the L. ‘‘Divested Businesses’’ means the comply with the provisions of the Divested Businesses shall coordinate its TCAS Business, the SSWR Business, the proposed Final Judgment, pending the innovation, development, production, Teterboro Business, the Cheshire Judgment’s entry by the Court, or until marketing or sales with that of the Post- Business, the AlliedSignal Micro expiration of time for all appeals of any merger Company, except to the limited SCIRAS Business (or, as provided in the Court ruling declining entry of the extent provided in V(D) below, or to proposed Final Judgment filed in this proposed Final Judgment, and shall, provide the accounting, management case, the Honeywell MEMS Business), from the date of the signing of this Hold information services or other necessary and the AlliedSignal MSA and MAG Separate Stipulation and Order by the support functions afforded by Technology Business. parties, comply with all the terms and AlliedSignal or Honeywell prior to the M. ‘‘Post-merger Company’’ means provisions of the proposed Final merger. Within fifteen (15) days of the that company resulting from the merger Judgment as though the same were in entering of this Hold Separate of defendants AlliedSignal and full force and effect as an order of the Stipulation and Order, defendants shall Honeywell, in accordance with the Court. inform the United States and DoD of the terms contained in the proposed Final C. Defendants shall not consummate steps taken to comply with this Judgment in this case. the transaction sought to be enjoined by provision.
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C. Defendants shall take all steps I. Defendants shall preserve the assets N. This Hold Separate Stipulation and necessary to ensure that each of the that may be required to be divested order shall remain in effect until all of Divested Businesses will be maintained pursuant to the proposed Final the divestitures required by the and operated as an independent, Judgment filed in this case in a state of proposed Final Judgment filed in this ongoing, and economically viable and repair equal to their state of repair as of case are complete or until further Order active competitor in the innovation, the date of this Hold Separate of the Court. research and development, production, Stipulation and Order, ordinary wear Dated: November 8, 1999. and sale of products it develops, and tear excepted, and shall maintain For Plaintiff United States of America: produces, and sells; that all planned and adhere to normal repair and Michael K. Hammaker, innovation, research, and product maintenance schedules for these assets. DC Bar #233684, U.S. Department of Justice, development be continued; that the J. Except in the ordinary course of Antitrust Division, Litigation II, Suite 3000, management of each of the Divested business or as is otherwise consistent Washington, D.C. 20005, (202) 307–0924. Businesses will not be influenced by with this Hold Separate Stipulation and For Defendant AlliedSignal Inc.: defendants; and that the books, records, Order, defendants shall not transfer or William J. Kolasky, competitively sensitive sales, marketing terminate any employee who, on the DC Bar #217539, Wilmer, Cutler & Pickering, and pricing information, and decision- date of the filing of the Complaint in 2445 M Street, NW, Washington, DC 20037, making associated with each of the this mater, works for any of the Divested 202–663–6357. Divested Businesses, including the Businesses, or alter, to the detriment of For Defendant Honeywell Inc.: any such employee, the employee’s performance and decision-making C. Benjamin Crisman, Jr., functions regarding internal innovation, current employment, benefits, or salary DC Bar #240135, Skadden, Arps, Slate, research and development, sales and agreement. K. Until such time as this Hold Meagher & Flom LLP, 1440 New York Avenue, pricing, will be kept separate and apart NW, Washington, DC 20005, 202–371–7330. Separate Stipulation and Order is from the business of the Post-merger It Is So Ordered by the Court, this lll Company. Defendants’ influence over terminated, defendants shall not change day of November, 1999. each of the Divested Businesses shall be the management of any of the Divested lllllllllllllllllllll limited to that necessary to carry out Businesses, except in the ordinary United States District Judge their obligations under this Hold course of business. The TCAS Business Separate Stipulation and Order and the shall be managed by Joseph Hoffman; Parties Entitled to Notice of Entry of proposed Final Judgment. the SSWR Business shall be managed by Order: D. Defendants shall provide and Walter Mores; the Teterboro Business Counsel for Plaintiff United States of maintain sufficient working capital to shall be managed by Christopher D. America. maintain each of the Divested Clayton; the Cheshire Business shall be Businesses as economically viable, managed by Wayne R. Demmons; the Michael K. Hammaker, U.S. Department of ongoing businesses, consistent with AlliedSignal MicroSCRIRAS Business Justice, Antitrust Division, Suite 3000, 1401 H Street, NW, Washington, D.C. 20503. current business plans. and the AlliedSignal MSA and MAG E. Defendants shall provide and Technology Business shall be managed Counsel for Defendant AlliedSignal Inc. maintain sufficient lines and sources of by Randy Sprague; and the Honeywell William J. Kolasky, credit to maintain each of the Divested MEMS Business shall be managed by Businesses as economically viable, David S. Willits. Each identified Wilmer, Cutler & Pickering, 2445 M Street, NW, Washington, DC 20037. ongoing businesses. manager shall have complete managerial F. Defendants shall maintain on responsibility for his respective Counsel for Honeywell Inc. behalf of each of the Divested Divested Business, subject to the C. Benjamin Crisman, Jr., Businesses in accordance with sound provisions of this Hold Separate Skadden, Arps, Slate, Meagher & Flom LLP, accounting practices, separate, true and Stipulation and Order and the proposed 1440 New York Avenue, NW, Washington, complete financial ledgers, books and Final Judgment. In the event that any DC 20005. records reporting the assets, liabilities, identified manager of any of the expenses, revenues and income of each Divested Businesses is unable to Final Judgment of the Divested Businesses on a periodic perform his duties, defendants shall Whereas, plaintiff, the United States basis, such as the last business day of appoint a replacement within ten (10) of America (‘‘United States’’), and each month, consistent with past days from the current management of defendants AlliedSignal Inc. and practices. the applicable Divested Business, Honeywell Inc., by their respective G. Defendants shall use all reasonable subject to DOJ approval. Should attorneys, having consented to the entry efforts to maintain and increase sales defendants fail to appoint a replacement of this Final Judgment without trial or and revenues of each of the Divested acceptable to the DOJ within ten (10) adjudication of any issue of fact or law Businesses and shall maintain at 1998 working days, the DOJ, after herein, and without this Final Judgment or previously approved levels for 1999, consultation with DoD, shall appoint a constituting any evidence against or an whichever are higher, all internal replacement. admission by any party with respect to research and development funding, L. Defendants shall take no action that any issue of law or fact herein; promotional, advertising, sales, would interfere with the ability of the And Whereas, defendants have agreed technical assistance, marketing, and trustees appointed pursuant to the to be bound by the provisions of this merchandising support for products proposed Final Judgment filed in this Final Judgment pending its approval by produced or under development of each case to complete the divestitures the Court; of the Divested Businesses. required by that Final Judgment. And Whereas, the essence of this H. Defendants shall not sell, lease, M. Defendants shall ensure to the Final Judgment is, in the event of a assign, transfer or otherwise dispose of, satisfaction of DoD that the operations merger between the defendants, the or pledge as collateral for loans, assets of each of the Divested Businesses, prompt and certain divestiture of the that may be required to be divested including its support of DoD programs, businesses identified below to assure pursuant to the proposed Final not be disrupted during the required that competition is not substantially Judgment filed in this case. divestitures. lessened;
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And Whereas, the United States common to the TCAS System and other include the building or related fixtures requires defendants to make the systems of Honeywell, are the Vertical housing the Olathe operations. The divestitures ordered herein for the Speed Indicator/Traffic Resolution SSWR Business includes, not is not purpose of remedying the loss of Advisory (‘‘VSI/TRA’’), pressure limited to, AlliedSignal’s RDR–1400 and competition alleged in the Complaint; transducer and ARINC Diversity/Mode RDR–1500 product lines, all employees And Whereas, defendants have S transponder used with the basic TCAS listed in Confidential Attachment A, represented to the United States that the System, and the following: and the following: divestitures ordered herein can and will (1) All tangible assets used in the (1) All tangible assets used in the be made promptly and that defendants TCAS Business, including, but not SSWR Business, including, but not later will raise no claim of hardship or limited to, research and development limited to, research and development difficulty as grounds for asking the activities; all manufacturing equipment activities; all manufacturing equipment Court to modify any of the divestiture and fixed assets, personal property, and fixed assets, personal property, provisions contained below; inventory, office furniture, materials, inventory, office furniture, materials, Now, Therefore, before taking any supplies, and other tangible property supplies, and other tangible property testimony, and without trial or used in the TCAS Business; all licenses, used in the SSWR Business; all licenses, adjudication of any issue of fact or law permits and authorizations issued by permits and authorizations issued by herein, and upon consent of the parties any governmental organization for the any governmental organization for the hereto, it is hereby Ordered, Adjudged, TCAS Business; all contracts, teaming SSWR Business; all contracts, teaming and Decreed as follows: arrangements, agreements, leases, arrangements, agreements, leases, commitments and understandings of the commitments and understandings of the I. Jurisdiction TCAS Business, including supply SSWR Business, including supply This Court has jurisdiction over each agreements; all customer lists and credit agreements; all customer lists and credit of the parties hereto and over the subject records; all other records of the TCAS records; all other records of the SSWR matter of this action. The Complaint Business; and, at the purchaser’s Business; and, at the purchaser’s states a claim upon which relief may be request, a lease to any real property request, a lease to any real property granted against defendants, as currently utilized for the TCAS currently utilized for the SSWR hereinafter defined, under Section 7 of Business; Business; the Clayton Act, as amended (15 U.S.C. (2) Any and all intangible assets used (2) Any and all intangible assets used 18). in the TCAS Business, including, but in the SSWR Business, including, but not limited to, (a) All intellectual not limited to, (a) All intellectual II. Definitions property rights used exclusively in the property rights used exclusively in the As used in this Final Judgment: TCAS Business, (b) With respect to all SSWR Business, (b) With respect to all A. ‘‘AlliedSignal’’ means defendant other intellectual property rights used in other intellectual property rights used in AlliedSignal Inc., a Delaware both the TCAS Business and other both the SSWR Business and other corporation with its headquarters in Honeywell businesses, a transferable, AlliedSignal businesses, a transferable, Morristown, New Jersey, and includes paid-up license, exclusive in the TCAS paid-up license, exclusive in the SSWR its successors and assigns, and its Business field of use; Business field of use; (c) All existing subsidiaries, divisions, groups, (c) All existing licenses and licenses and sublicenses relating affiliates, partnerships, joint ventures, sublicenses relating exclusively to the exclusively to the SSWR Business and directors, officers, managers, agents, and TCAS Business; and (d) A transferable, (d) A transferable, paid-up sublicense, employees. paid-up sublicense, exclusive in the exclusive in the SSWR Business field of B. ‘‘Honeywell’’ means defendant TCAS Business field of use, to all other use, to all other existing licenses and Honeywell Inc., a Delaware corporation existing licenses and sublicenses sublicenses relating to the SSWR with its headquarters in Minneapolis, relating to the TCAS Business. Business. Intellectual property rights Minnesota, and includes its successors Intellectual property rights comprise, comprise, but are not limited to, patents, and assigns, and its subsidiaries, but are not limited to, patents, copyrights, technical information, divisions, groups, affiliates, copyrights, technical information, computer software and related partnerships, joint ventures, directors, computer software and related documentation, know-how, trade officers, managers, agents, and documentation, know-how, trade secrets, drawings, blueprints, designs, employees. secrets, drawings, blueprints, designs, design protocols, specifications for C. ‘‘DoD’’ means the United States design protocols, specifications for materials, parts and devices, safety Department of Defense. materials, parts and devices, safety procedures for the handling of materials D. ‘‘TCAS Business’’ means the traffic procedures for the handling of materials and substances, quality assurance and alert and collision avoidance systems and substances, quality assurance and control procedures, design tools and (‘‘TCAS’’) business of Honeywell, which control procedures, design tools and simulation capability, manuals, and all it operates at its Glendale and Phoenix, simulation capability, manuals, and all research data concerning historic and Arizona facilities. The TCAS Business research data concerning historic and current research and development does not include the building or related current research and development efforts relating to the SSWR Business, fixtures housing the Glendale and efforts relating to the TCAS Business, including, but not limited to, designs of Phoenix operations. The TCAS Business including, but not limited to, designs of experiments, and the results of includes, but is not limited to, experiments, and the results of successful and unsuccessful designs and Honeywell’s TCAS II computer, TCAS successful and unsuccessful designs and experiments (Intellectual property does 2000 computer, TCAS 1500 computer experiments (Intellectual property does not include the marks AlliedSignal, (still under development), TCAS not include the mark HONEYWELL). Bendix King, or Bendix). directional antenna, dedicated TCAS E. ‘‘SSWR Business’’ means the search F. ‘‘Teterboro Space and Navigation controller, and the dedicated TCAS and surveillance weather radar Business’’ means AlliedSignal’s entire display (‘‘TCAS System’’) and all (‘‘SSWR’’) business of AlliedSignal, Space and Navigation Systems business employees listed in Confidential which it operates at its Olathe, Kansas in Teterboro, New Jersey (including an Attachment A. Also included, as facility. The SSWR Business does not option to buy or lease the facility in
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The designs, design protocols, specifications secrets, drawings, blueprints, designs, Teterboro Space and Navigation for materials, parts and devices, safety design protocols, specifications for Business includes, but is not limited to, procedures for the handling of materials materials, parts and devices, safety ring laser gyroscopes (‘‘RLGs’’), fiber and substances, quality assurance and procedures for the handling of materials optic gyroscopes (‘‘‘FOGs’’), inertial control procedures, design tools and and substances, quality assurance and measurement units, reaction and simulation capability, annuals, and all control procedures, design tools and momentum wheels, control moment research data concerning historic and simulation capability, manuals, and all gyroscopes, star sensors, sun shades, current research and development research data concerning historic and navigation and pointing systems and efforts relating to the Teterboro Space current research and development fire control systems. The Teterboro and Navigation Business, including, but efforts relating to the Cheshire Business, Space and Navigation Business does not not limited to, designs of experiments, including, but not limited to, designs of include avionics products, avionics test and the results of successful and experiments, and the results of products, the rate grade mechanical unsuccessful designs and experiments successful and unsuccessful designs and inertial measurement units (Intellectual property does not include experiments (Intellectual property does manufactured in Cheshire, or RLV the mark AlliedSignal). not include the Mark AlliedSignal). (‘‘reusable launch vehicle’’) integration G. ‘‘Cheshire Business’’ means the H. ‘‘AlliedSignal MicroSCIRAS systems (X–33 and Kistler). The entire business of AlliedSignal in Business’’ means the MicroSCIRAS Teterboro Space and Navigation Cheshire, Connecticut that produces business of AlliedSignal, which it Business includes all employees listed rate-grade mechanical inertial operates at its Richmond, Washington in Confidential Attachment A, and the measurement units and components. facility. The AlliedSignal MicroSCIRAS following: The Cheshire Business includes, but is Business does not include the building (1) All tangible assets used in the not limited to, AlliedSignal’s Newark, or related fixtures housing the Redmond Teterboro Space and Navigation Ohio repair and overhaul business, all MicroSCIRAS operations. Subject to Business, including, but not limited to, employees listed in Confidential AlliedSignal’s reasonable continued use research and development activities; all Attachment A, and the following: of the engineering foundry with respect manufacturing equipment and fixed (1) All tangible assets used in the to its remaining businesses, the assets, personal property, inventory, Cheshire Business, including, but not AlliedSignal MicroSCIRAS Business, office furniture, materials, supplies, and limited to, research and development but is not limited to, the right to use the other tangible property used in the activities, all leases for real property existing silicon engineering foundry at Teterboro Space and Navigation housing the Cheshire and Newark the Redmond facility; an option to lease Business; all licenses, permits and operations; all manufacturing the existing engineering foundry in authorizations issued by any equipment and fixed assets, personal Redmond, and/or an option to purchase governmental organization for the property, inventory, office furniture, the equipment currently in or Teterboro Space and Navigation materials, supplies, and other tangible authorized for the foundry, on Business; all contracts, teaming property or improvements used in the November 1, 2000 or the date that arrangements, agreements, leases, Cheshire Business; all licenses, permits AlliedSignal’s separate silicon commitments and understandings of the and authorizations issued by any production foundry is completed, Teterboro Space and Navigation governmental organization for the whichever occurs first, all employees Business, including supply agreements, Cheshire Business; all contracts, listed in Confidential Attachment A; all customer lists and credit records; teaming arrangements, agreements, and the following: and all other records of the Teterboro leases, commitments and (1) All tangible assets used in the Space and Navigation Business; understandings of the Cheshire AlliedSignal MicroSCIRAS Business, (2) Any and all intangible assets used Business, including supply agreements, including, but not limited to, research in the Teterboro Space and Navigation all customer lists and credit records; and development activities; all Business, including, but not limited to, and all other records of the Cheshire manufacturing equipment and fixed (a) All intellectual property rights used Business; assets, personal property, inventory, exclusively in the Teterboro Space and (2) Any and all intangible assets used office furniture, materials, supplies, and Navigation Business, (b) With respect to in the Cheshire Business, including, but other tangible property used in the all other intellectual property rights not limited to, (a) All intellectual AlliedSignal MicroSCIRAS Business; all used in both the Teterboro Space and property rights used exclusively in licenses, permits and authorizations Navigation Business and other conducting the Cheshire Business, (b) issued by any governmental AlliedSignal businesses, a transferable, With respect to all other intellectual organization for the AlliedSignal paid-up license, exclusive in the property rights used in both the MicroSCIRAS Business; all contracts, Teterboro Space and Navigation Cheshire Business and other teaming arrangements, agreements, Business field of use; (c) All existing AlliedSignal businesses, a transferable, leases, commitments and licenses and sublicenses relating paid-up license, exclusive in the understandings of the AlliedSignal exclusively to the Teterboro Space and Cheshire Business field of use, (c) All MicroSCIRAS Business, including Navigation Business; and (d) A existing licenses and sublicenses supply agreements; all customer lists transferable, paid-up sublicense, relating exclusively to the Cheshire and credit records; and all other records exclusive in the Teterboro Space and Business, and (d) A transferable, paid- of the AlliedSignal MicroSCIRAS Navigation Business field of use, to all up sublicense, exclusive in the Cheshire Business; other existing licenses and sublicenses Business field of use, to all other (2) Any and all intangible assets used relating to the Teterboro Space and existing licenses and sublicenses in the AlliedSignal MicroSCIRAS Navigation Business. Intellectual relating to the Cheshire Business. Business, including, but not limited to, property rights comprise, but are not Intellectual property rights comprise, (a) all intellectual property rights used limited to, patents, copyrights, technical but are not limited to, patents, exclusively in conducting the information, computer software and copyrights, technical information, AlliedSignal MicroSCIRAS Business, (b)
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69789 with respect to all other intellectual request, a lease to any real property Business, the Cheshire Business, the property rights used in both the currently utilized for the Honeywell TCAS Business, the SSWR Business, the AlliedSignal MicroSCIRAS Business MEMS Business; AlliedSignal MicroSCIRAS Business (or and other AlliedSignal businesses, a (2) Any and all intangible assets used as described below in Section VI, the transferable, paid-up license, exclusive in the Honeywell MEMS Business, Honeywell MEMS business), and the in the AlliedSignal MicroSCIRAS including, but not limited to, (a) All AlliedSignal MSA and MAG Business field of use; (c) all existing intellectual property rights used Technology Business. To the extent that licenses and sublicenses relating exclusively in conducting the employees of any of the Divested exclusively to the AlliedSignal Honeywell MEMS Business, (b) With Businesses are still employed by MicroSCIRAS Business; and (d) a respect to all other intellectual property defendants, the sale of each of the transferable, paid-up sublicense, rights used in both the Honeywell Divested Businesses shall include the exclusive in the AlliedSignal MEMS Business and other Honeywell purchaser’s right to reasonable access to MicroSCIRAS Business field of use, to business, a transferable, paid-up license, the technical, sales, production and all other existing licenses and exclusive in the Honeywell MEMS administrative employees of the sublicenses relating to the AlliedSignal Business field of use; (c) All existing defendants for a period not to exceed MicroSCIRAS Business. Intellectual licenses and sublicenses relating eighteen months from the date of the property rights comprise, but are not exclusively to the Honeywell MEMS purchase. The services furnished to limited to, patents, copyrights, technical Business; and (d) A transferable, paid- each Divested Business will be provided information, maskwork rights, computer up sublicense, exclusive in the free by defendants for the first six software and related documentation, Honeywell MEMS Business field of use, months following the respective closing know-how, trade secrets, drawings, to all other existing licenses and date applicable to the sale of each of the blueprints, designs, design protocols, sublicenses relating to the Honeywell Divested Businesses. Thereafter, the specifications for materials, parts and MEMS Business. Intellectual property charges for such services will be set by devices, safety procedures for the rights comprise, but are not limited to, the defendants at a rate sufficient to handling of materials and substances, patents, copyrights, technical cover the service provider’s reasonable quality assurance and control information, maskwork rights, computer estimate of its actual costs for providing procedures, design tools and simulation software and related documentation, the services and, if applicable, capability, manuals, and all research know-how, trade secrets, drawings, consistent with the prices the service data concerning historic and current blueprints, designs, design protocols, provider would charge to an affiliate. research and development efforts specifications for materials, parts and III. Applicability relating to the AlliedSignal devices, safety procedures for the MicroSCIRAS Business, including, but handling of materials and substances, A. The provisions of this Final not limited to, designs of experiments, quality assurance and control Judgment apply to the defendants, their and the results of successful and procedures, design tools and simulation successors and assigns, their unsuccessful designs and experiments capability, manuals, and all research subsidiaries, directors, officers, (Intellectual property does not include data concerning historic and current managers, agents, and employees, and the mark AlliedSignal). research and development efforts all other persons in active concert or 1. ‘‘Honeywell MEMS Business’’ relating to the Honeywell MEMS participation with any of them who means the entire micro-electro- Business, including, but not limited to, shall have received actual notice of this mechanical systems (‘‘MEMS’’) inertial designs of experiments, and the results Final Judgment by personal service or sensor business of Honeywell, located of successful and unsuccessful designs otherwise. in Minneapolis and Plymouth, and experiments (Intellectual property B. Defendants shall require, as a Minnesota. The Honeywell MEMS does not include the mark condition of the sale of all or Business does not include the buildings HONEYWELL). substantially all of their assets, or of or related fixtures housing the J. ‘‘AlliedSignal MSA and MAG lesser business units including Minneapolis and Plymouth operations. Technology Business’’ means AlliedSignal or Honeywell’s business of The Honeywell MEMS Business AlliedSignal’s business relating directly developing and producing traffic alert includes, but is not limited to, all to the ‘‘Micromachined Silicon and collision avoidance systems and employees listed in Confidential Accelerometer (‘‘MSA’’) and the Mode S transponders, search and Attachment A and the following: ‘‘Micromachined Accelerometer surveillance weather radar systems, (1) All tangible assets used in the Gyroscope (‘‘MAG’’) as defined in the reaction and momentum wheels, or Honeywell MEMS Business, including, agreements listed below. inertial system products or assets, that but not limited to, research and Sales and License Agreement For the purchaser or purchasers agree to be development activities, all MSA Technology Between Northrop bound by the provisions of this Final manufacturing equipment and fixed Grumman Precision Products Plant and Judgment. assets, personal property, inventory, Endevco Corporation, dated August 4, IV. Divestiture office furniture, materials, supplies, and 1994, as amended; and other tangible property used in the Sales and License Agreement for A. Defendants are hereby ordered and Honeywell MEMS; all licenses, permits MAG Technology Between Northrop directed in accordance with the terms of and authorizations issued by any Grumman Precision Products— this Final Judgment, by February 29, governmental organization for the Norwood and Endevco Corporation, 2000, or within five (5) days of the Honeywell MEMS Business; all dated April 12, 1995, as amended. approval of the proposed merger contracts, teaming arrangements, The business includes an assignment between defendants by the European agreements, leases, commitments and of AlliedSignal’s interest in all Commission, or within five (5) days understandings of the Honeywell MEMS intellectual property identified in one or after notice of the entry of this Final Business, including supply agreements, more of these agreements, as well as the Judgment by the Court, whichever is all customer lists and credit records; all agreements themselves. later, to sell the Divested Businesses as other records of the Honeywell MEMS K. ‘‘Divested Businesses’’ mean the viable ongoing businesses to one or Business; and, at the purchaser’s Teterboro Space and Navigation more purchasers acceptable to the
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United States and DoD in their sole retention of employees by the interfere with the ability to purchaser to discretion. purchasers, AlliedSignal or Honeywell, compete effectively. B. Defendants shall use their best as the case may be, shall, for each I. Defendants shall comply with all efforts to accomplish the divestitures employee of the TCAS Business, the agreements with DoD and all applicable ordered by this Final Judgment is SSWR Business and the AlliedSignal United States laws and regulations, expeditiously and timely as possible. MicroSCIRAS Business (or, as described including those regarding the protection The United States, in its sole discretion below in Section VI, the Honeywell of classified information and export in consultation with DoD, may extend MEMS Business) who elects to be control. the time period for any divestiture for employed by the purchaser of the J. Defendants shall not charge to DoD an additional period of time not to Divested Business, vest all unvested any costs directly or indirectly incurred exceed sixty (60) days. pension and other equity rights of that in complying with this Final Judgment. C. In accomplishing the divestitures employee. For each such employee, V. Notice of Proposed Divestitures ordered by this Final Judgment, AlliedSignal or Honeywell shall also defendants shall make known promptly, provide all benefits to which the A. Within two (2) business days following execution of a definitive by usual and customary means, the employee would have been entitled if agreement, contingent upon compliance availability of the businesses to be terminated without cause, provided the with the terms of this Final Judgment, divested pursuant to this Final employee is still employed by the to effect, in whole or in part, any Judgment. Defendants shall inform all purchaser at the end of the time period proposed divestitures pursuant to person making an inquiry regarding a covered by such benefits. possible purchase that the sale is being Sections IV or VI of this Final Judgment, F. Defendants shall take no action, defendants or the trustee, whichever is made pursuant to this Final Judgment direct or indirect, to impede in any way and provide such person with a copy of then responsible for effecting the the operation of one or more of the divestitures, shall notify the United this Final Judgment. Defendants also businesses to be divested. shall offer to furnish to all prospective States and DoD of the proposed G. Defendants shall warrant to each purchasers, subject to section IV(I) and divestitures. If the trustee is responsible, purchaser of a business to be divested customary confidentiality assurances, it shall similarly notify defendants. The that the existing business will be all information regarding any business notice shall set forth the details of the operational on the date of sale. to be divested customarily provided in proposed transaction and list the name, a due diligence process except such H. Unless both the United States and address, and telephone number of each information subject to attorney-client DoD consent in writing, the divestiture person not previously identified who privilege or attorney work-product of each business to be divested pursuant offered to, or expressed an interest in or privilege. Defendants shall make to Section IV of this Final Judgment, a desire to, acquire any ownership available such information to the United whether by defendants or by a trustee interest in the business to be divested States and DoD at the same time that appointed pursuant to Section VI of this that is the subject of the binding such information is made available to Final Judgment, shall include the entire contract, together with full details of any other person. business as defined in Section II. Prior same. Within fifteen (15) calendar days D. Subject to Section IV(I), defendants to divestiture, each of the Divested of receipt by the United States and DoD shall permit all prospective purchasers Businesses shall be operated in place of such divestiture notice, the United of any business to be divested pursuant pursuant to the Hold Separate States, in consultation with DoD, may to this Final Judgment to have Stipulation and Order entered by this request from defendants, the proposed reasonable access to personnel relating Court. Each such divestiture shall be purchaser, or any other third party to that business and to make such accomplished by selling or otherwise additional information concerning the inspection of the physical facilities of conveying the business to be divested to proposed divestiture and the proposed that business and all financial, a purchaser in such a way as to satisfy purchaser. Defendants and the trustee operation, or other documents and the United States and DoD, in their sole shall furnish any additional information information customarily provided as discretion, that the business to be requested from them within fifteen (15) part of a due diligence process. divested can and will be used by the calendar days of the receipt of the E. For a period of two years from the purchaser of the business as part of a request, unless the parties shall filing of the Complaint in this matter, viable ongoing business. Each otherwise agree. Within thirty (30) defendants shall not solicit to hire, or divestiture, whether pursuant to Section calendar days, after receipt of the notice hire, any individual listed in IV or Section VI of this Final Judgment or within twenty (20) calendar days Confidential Attachment A who, within shall be made to a purchaser that has after the United States and DoD have six (6) months of the date of sale of the satisfied the United States and DoD, in been provided the additional Divested Business that employs the their sole discretion, that it: (1) Has the information requested from the individual, receives a reasonable offer of capability and intent of competing defendants, the proposed purchaser, employment from the approved effectively in the development, and any third party, whichever is later, purchaser of the Divested Business, production and sale of the relevant the United States and DoD shall each unless such employee is terminated or products; (2) Has the managerial, provide written notice to defendants laid off by the purchaser. Defendants operational, and financial capability to and the trustee, if there is one, stating shall not interfere with any negotiations compete effectively in the development, whether or not it objects to the proposed by the purchaser of a Divested Business production and sale of the relevant divestiture. If the United States and DoD to employ an AlliedSignal or Honeywell products; (3) Is eligible to receive provide written notice to defendants employee of that Business listed in applicable DoD security clearances; and (and the trustee if applicable) that they Confidential Attachment A, including, (4) Is not hindered by the terms of any do not object, then the divestiture may but no limited to, offering to increase in agreement between the purchaser and be consummated, subject only to any way the employee’s salary or other defendants that gives either defendant defendants’ limited right to object to the benefits (other than company-wide the ability unreasonably to raise the sale under Section VI(B) of this Final increases in salary or other benefits). In purchaser’s costs, to lower the Judgment. Absent written notice that the order to foster the employment and purchaser’s efficiency, or otherwise to United States and DoD do not object to
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After its appointment, each trustee or Section VI may not be consummated. cost and expense of the defendants, any shall file monthly reports with the Upon objection by defendants under the investment bankers, attorneys, or other parties and the Court setting forth either provision in Section VI(B), a divestiture agents reasonably necessary in the the defendants’ or the trustee’s efforts, proposed under Section VI shall not be judgment of the trustee to assist in the whichever is applicable, to accomplish consummated unless approved by the divestitures, and such professionals and the divestitures ordered under this Final Court. agent shall be accountable solely to the Judgment; provided, however, that to B. Purchasers of the Teterboro Space trustee. The trustees shall have the the extent such reports contain and Navigation Business and the power and authority to accomplish the information that the trustee or the AlliedSignal MicroSCIRAS Business (or, divestitures at the earliest possible time defendants deem confidential, such as described below in Section VI, the to a purchaser acceptable to the United reports shall not be filed in the public Honeywell MEMS Business) must be States and DoD and shall have such docket of the Court. After the time identified simultaneously by other powers as this Court shall deem period described in Section IV(A), such defendants, or by the applicable trustee, appropriate. Defendants shall not object reports shall include the name, address in order that the proposed divestitures to a divestiture by a trustee on any and telephone number of each person may be reviewed jointly and approved ground other than the trustee’s who, during the preceding month, made together by the United States and DoD malfeasance. Any such objections by an offer to acquire, expressed an interest in accordance with the terms and defendants must be conveyed in writing in acquiring, entered into negotiations conditions of the Final Judgment. to the United States and the appropriate to acquire, or was contacted or made an inquiry about acquiring, any interest in VI. Appointment of Trustees trustee within ten (10) calendar days after the trustee has provided the notice the businesses to be divested, and shall A. Immediately upon the filing of this required under Section V of this Final describe in detail each contact with any Final Judgment, the United States may, Judgment. such person during that period. The in its sole discretion, nominate no more C. The trustees shall serve at the cost trustee shall maintain full records of all than two trustees, which the Court shall and expense of defendants, on efforts made to divest the businesses to appoint. If two trustees are appointed, customary and reasonable terms and be divested. one trustee shall monitor the divestiture conditions agreed to by the trustees and F. If a trustee has not accomplished by defendants of the TCAS Business and the United States, unless modified by the divestiture of all non-divested the SSWR Business, and the other the Court. Each trustee shall account for businesses within six (6) months after it trustee shall monitor the divestiture by all monies derived from the sale of each became responsible for selling the non- the defendants of the Teterboro Space asset sold by the trustee and all costs divested businesses, the trustee and Navigation Business, the Cheshire and expenses so incurred. After thereupon shall file promptly with the Business, the AlliedSignal approval by the Court of the trustee’s Court a report setting forth (1) The MicroSCIRAS Business, and the accounting, including fees for its trustee’s efforts to accomplish the AlliedSignal MSA and MAG services and those of any professionals required divestitures, (2) The reasons, in Technology Business. This procedure and agents retained by the trustee, all the trustee’s judgment, why the required will enable each trustee to be familiar remaining money shall be paid to divestitures have not been with all applicable divestiture issues in defendants and the trust shall then be accomplished, and (3) The trustees the event the trustee becomes terminated. The compensation of the recommendations; provided, however, responsible, pursuant to this Final trustees and of any professionals and that to the extent such reports contain Judgment, to divest all non-divested agents retained by any trustee shall be information that the trustee deems businesses the trustee is monitoring. reasonable in light of the value of the confidential, such reports shall not be B. In the event that defendants have divested businesses and based on a fee filed in the public docket of the Court. not divested all of the businesses arrangement providing the trustees with The trustee shall at the same time required to be divested pursuant to this an incentive based on the price and furnish such report to the parties, who Final Judgment within the time terms of the divestitures and the speed shall each have the right to be heard and specified in Section IV of this Final with which they are accomplished. to make additional recommendations Judgment, only the trustee monitoring D. Defendants shall use their best consistent with the purpose of the trust. defendants’ attempts to divest the non- efforts to assist the trustees to monitor The Court shall enter thereafter such divested business shall have the power carefully defendants’ attempts to divest orders as it shall deem appropriate in and authority to accomplish the the businesses to be divested pursuant order to carry out the purpose of the divestiture of the non-divested to the Final Judgment and, if necessary, trust which may, if necessary, include businesses. If the AlliedSignal to accomplish the required divestitures, extending the trust and the term of the MicroSCIRAS Business has not been including their best efforts to effect all trustee’s appointment by a period divested, the trustee responsible for necessary consents and regulatory requested by the United States. divesting that business may, in its sole approvals. Each trustee and any discretion, divest the Honeywell MEMS consultants, accountants, attorneys, and VII. Affidavits Business instead. For each non-divested other persons retained by the trustee A. Within twenty (20) calendar days business, the trustee shall seek to attain shall have, to the extent permitted by of the filing of the Complaint in this the best price then obtainable for the law, full and complete access to the matter and every thirty (30) calendar non-divested business upon a personnel, books, records, and facilities days thereafter until the divestitures reasonable effort by the trustee, subject of the businesses to be divested by the have been completed, whether pursuant to the provisions of Sections IV and VI trustee, and defendants shall develop to Section IV or Section VI of this Final of this Final Judgment, and shall have financial or other information relevant Judgment, defendants shall deliver to such other powers as the Court shall to the businesses to be divested the United States and DoD an affidavit deem appropriate. Subject to Section customarily provided in a due diligence as to the fact and manner of compliance VI(C) of this Final Judgment, each process as the trustee may reasonably with Sections IV or VI of this Final
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Judgment. Each such affidavit shall by this Court. Defendants shall take no represent and identify in writing the include, inter alia, the name, address, action that would jeopardize the material in any such information or and telephone number of each person divestitures ordered by this Court. documents to which a claim of who, at any time after the period protection may be asserted under Rule IX. Financing covered by the last such report, made an 26(c)(7) of the Federal Rules of Civil offer to acquire, expressed an interest in Defendants are ordered and directed Procedure, and defendants mark each acquiring, entered into negotiations to not to finance all or any part of any pertinent page of such material, acquire, or was contacted or made an purchase made pursuant to Sections IV ‘‘Subject to claim of protection under inquiry about acquiring, any interest in or VI of this Final Judgment. Rule 26(c)(7) of the Federal Rules of the businesses to be divested, and shall X. Compliance Inspection Civil Procedure,’’ then ten (10) calendar describe in detail each contact with any days notice shall be given to defendants such person during that period. Each For the purposes of determining or by the United States or DoD prior to such affidavit shall also include a securing compliance with this Final divulging such material in any legal description of the efforts that defendants Judgment or of determining whether the proceeding (other than a grand jury have taken to solicit potential Final Judgment should be modified or proceeding) to which defendants are not purchasers for the businesses to be vacated, and subject to any legally a party. divested and to provide required recognized privilege, from time to time: information to potential purchasers, A. Duly authorized representatives of XI. Retention of Jurisdiction including the limitations, if any, on the United States Department of Justice, Jurisdiction is retained by this Court such information. Assuming the upon written request, of the Attorney for the purpose of enabling any of the information set forth in the affidavit is General or of the Assistant Attorney parties to this Final Judgment to apply true and complete, any objection by the General in charge of the Antitrust to this Court at any time for such further United States to information provided Division, and on reasonable notice to orders and directions as may be by defendants, including limitations on defendants made to their principal necessary or appropriate for the information, shall be made within offices, shall be permitted: construction or carrying out of this final fourteen (14) days of receipt of such 1. Access during office hours of Judgment, for the modification of any of affidavit. defendants to inspect and copy all the provisions hereof, for the B. Within twenty (20) calendar days books, ledgers, accounts, enforcement of compliance herewith, of the filing of the Complaint in this correspondence, memoranda, and other and for the punishment of any matter, defendants shall deliver to the records and documents in the violations hereof. United States and DoD an affidavit possession or under the control of which describes in detail all actions defendants, who may have counsel XII. Termination defendants have taken and all steps present, relating to the matters Unless this Court grants an extension, defendants have implemented on an on- contained in this Final Judgment and this Final Judgment will expire upon going basis to preserve the businesses to the Hold Separate Stipulation and the tenth anniversary of the date of its be divested pursuant to Section VIII of Order; and entry. this Final Judgment and the Hold 2. Subject to the reasonable Separate Stipulation and Order entered convenience of defendants and without XIII. Public Interest by the Court. The affidavit also shall restraint or interference from them, to Entry of this Final Judgment is in the describe, but not be limited to, interview, either informally or on the public interest. record, their officers, employees, and defendants’ efforts to maintain and Dated: January ll, 2000. operate each business to be divested as agents, who may have counsel present, lllllllllllllllllllll an active competitor, maintain the regarding any such matters. United States District Judge management, staffing, research and B. Upon the written request of the development activities, sales, marketing Attorney General or of the Assistant Confidential Attachment a to Final and pricing of each business to be Attorney General in charge of the Judgment divested and maintain each such Antitrust Division, made to defendants’ To be filed under seal. business in operable condition at principal offices, defendants shall Competitive Impact Statement current capacity configurations. submit such written reports, under oath Defendants shall deliver to the United if requested, with respect to any matter The United States, pursuant to States and DoD an affidavit describing contained in the Final Judgment and the Section 2(b) of the Antitrust Procedures any changes to the efforts and actions Hold Separate Stipulation and Order. and Penalties Act (‘‘APPA’’), 15 U.S.C. outlined in defendants’ earlier C. No information or documents 16(b)–(h), files this Competitive Impact affidavit(s) filed pursuant to this Section obtained by the means provided in Statement relating to the proposed Final within fifteen (15) calendar days after Sections VII or X of this Final Judgment Judgment submitted for entry in this the change is implemented. shall be divulged by a representative of civil antitrust proceeding. C. Until one year after each such the United States to any person other I. Nature and Purpose of the Proceeding divestiture has been completed, than a duly authorized representative of defendants shall preserve all records of the Executive Branch of the United On November 8, 1999, the United all efforts made to preserve the business States, except in the course of legal States filed a civil antitrust Complaint to be divested and to effect the ordered proceedings to which the United States alleging that the proposed merger of divestiture. is a party (including grand jury AlliedSignal Inc. (‘‘AlliedSignal’’) and proceedings), or for the purpose of Honeywell Inc. (‘‘Honeywell’’) would VIII. Hold Separate Order securing compliance with this Final violate Section 7 of the Clayton Act, 15 Until the divestitures required by the Judgment, or as otherwise required by U.S.C. 18. The Complaint alleges that Final Judgment have been law. Honeywell and AlliedSignal are two of accomplished, defendants shall take all D. If at the time information or the leading manufacturers of aerospace steps necessary to comply with the Hold documents are furnished by defendants products used by the U.S. military and Separate Stipulation and Order entered to the United States or DoD, defendants by numerous commercial aviation and
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The proposed Final surrounding air traffic, alerts them when surveillance weather radar, reaction and Judgment authorizes the United States a nearby aircraft has the potential to be momentum wheels, and inertial systems to nominate for appointment a hazard, and affords a means for used in a wide range of applications. immediately up to two trustees to coordinating evasive maneuvers for both The proposed merger of Honeywell and monitor the defendants’ efforts to sell aircraft. TCAS operates by transmitting AlliedSignal would substantially lessen the Divested Businesses, and to sell to and eliciting replies from or eliminate competition in major those businesses if defendants cannot communications transponders installed product areas critical to the national do so in the required time frame. on approaching aircraft. The system defense and to the commercial aviation The terms of the Hold Separate tracks aircraft within a specified range and space industries. Unless the merger Stipulation and Order ensure that each and altitude to determine whether they is blocked, the loss of competition will of the Divested Businesses shall be held have the potential to become a collision likely result in higher prices, lower separate and apart from the post-merger threat. quality and less innovation for each of company and maintained as viable, these products. independent competitors until such 2. Search and Surveillance Weather The prayer for relief in the Complaint time as each business is divested. Radar seeks: (1) A judgment that the proposed The plaintiff and defendants have merger would violate Section 7 of the stipulated that the proposed Final Weather radar uses radio wave Clayton Act; (2) A permanent injunction Judgment may be entered after reflections from water droplets and ice preventing AlliedSignal and Honeywell compliance with the APPA. Entry of the crystals to locate areas of rain, snow and from merging; (3) An award to the proposed Final Judgment would other precipitation. Search and United States of its costs in bringing the terminate the action, except that the surveillance weather radar is a special lawsuit; and (4) Such other relief as the Court would retain jurisdiction to type of weather radar often installed on Court deems proper. construe, modify, or enforce the helicopters and frequently used in When the Complaint was filed, the provisions of the proposed Final rescue missions. The radar employs United States also filed a proposed Judgment and to punish violations traditional radio frequency technology, settlement that would permit thereof. but also has a beaconing capacity which AlliedSignal and Honeywell to merge, allows the pilot to detect radio II. Description of the Events Giving Rise but would require divestitures to transmissions emitted by small objects, to the Alleged Violation preserve competition in the relevant such as a boat or an oil drilling rig, markets. This settlement consists of a A. The Defendants and the Proposed during poor weather conditions. Hold Separate Stipulation and Order Transaction and a proposed Final Judgment. 3. Reaction and Momentum Wheels The proposed Final Judgment orders AlliedSignal is a Delaware the defendants to divest, by February corporation headquartered in Reaction and momentum wheels are 29, 2000, or within five (5) days of the Morristown, New Jersey. The advanced mechanical devices that move and approval of the proposed merger by the technology and manufacturing company stabilize satellites by spinning and European Commission, which has provides aerospace products and generating torque. The desired concurrent jurisdiction over the services, automotive products, combination of torque and momentum proposed merger, or within (5) days chemicals, fibers, plastics and advanced generated by changes in wheel speed after notice of the entry of the Final materials. The company reported 1998 repositions the satellite. Satellites Judgment by the Court, whichever is sales of about $15 billion, and sales to typically have one to three reaction and later, certain businesses and associated the U.S. Government (primarily momentum wheels. assets as defined in Section II of the aerospace-related) of about $1.9 billion. proposed Final Judgment. Specifically, The aerospace business unit generated 4. Inertial Systems about half, or about $7.5 billion, of the the defendants must divest to a An inertial measurement unit company’s 1998 revenues. purchaser or purchasers acceptable to (‘‘IMU’’) measures the linear the United States and to the U.S. Honeywell, a Delaware corporation headquartered in Minneapolis, acceleration and angular rate of rotation Department of Defense (‘‘DoD’’) the of a vehicle. A typical IMU includes Traffic Alert and Collision Avoidance Minnesota, develops and supplies advanced technology controls and other three accelerometers and three Systems (‘‘TCAS’’) Business of gyroscopes. Accelerometers measure the Honeywell; the Search and Surveillance products, systems and services to homes linear acceleration of a vehicle, which is Weather Radar (‘‘SSWR’’) Business of and buildings, industry, and space and used to determine vehicle velocity and AlliedSignal; the Teterboro Space and aviation customers. The company had vehicle position. Gyroscopes measure Navigation Business of AlliedSignal; the annual revenues of about $8.4 billion in Cheshire Business of AlliedSignal; the 1998, approximately one-fourth of the angular rate of rotation of a vehicle. AlliedSignal MicroSCIRAS Business, or, which were generated by Honeywell’s From these measurements, a computer in the alternative, the Honeywell MEMS space and aviation business. can calculate the vehicle’s position and Business; and the AlliedSignal Pursuant to an Agreement and Plan of heading. Micromachined Silicon Accelerator Merger entered into by defendants on A variety of different types of (‘‘MSA’’) and Micromachined June 4, 1999, AlliedSignal proposes to gyroscopes are used in IMUs, including Accelerometer Gyroscope (‘‘MAG’’) merge its business with Honeywell. mechanical rate gyroscopes (‘‘MRGs’’), Technology Business (collectively, the B. The Relevant Markets ring laser gyroscopes (‘‘RLGs’’), fiber ‘‘Divested Businesses’’). Purchasers of optic gyroscopes (‘‘FOGs’’), and micro- the Teterboro Space and Navigation 1. TCAS electro-mechanical systems (‘‘MEMS’’) Business and the AlliedSignal A traffic alert and collision avoidance gyroscopes. Each of these gyroscopes MicroSCIRAS Business (or, as described system is an avionics safety product that may substitute with the others as an
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Based upon technology effectively give the combined firm a innovation in each relevant market developed in the 1950s, these monopoly in this market. likely would decrease. gyroscopes (often employing magnets, AlliedSignal and Honey well are two gases and other masses) are generally of only four significant companies that III. Explanation of the Proposed Final larger and more expensive than those produce reaction and momentum Judgment produced using newer technologies. wheels for use in U.S. military and A. The Divested Businesses Mechanical gyroscopes are utilized in commercial space projects. Post merger, The provisions of the proposed Final high accuracy space applications, the combined firm would control over Judgment are designed to eliminate the strategic missiles, and tactical 50 percent of the reaction and munitions. momentum wheel market. anticompetitive effects of the merger of An RLG uses two laser beams housed Finally, AlliedSignal and Honeywell Honeywell and AlliedSignal. The in an optical cavity with a set of highly are two of the leading inertial system divestiture of the businesses required by reflective mirrors. One laser beam manufacturers in the world. Each the proposed Final Judgment, which travels clockwise around the optical company competes to produce and sell collectively generate about $250 million cavity while the other moves counter- inertial systems for tactical, strategic, in annual revenues, will ensure that clockwise. When the gyroscope is navigation and space applications to the competition will continue to flourish in rotated, a small difference in the U.S. military and to numerous the markets where AlliedSignal and circulation time for each beam occurs commercial and space customers. Allied Honeywell compete. Without the because one beam travels less distance Signal and Honeywell each manufacture divestitures required by the proposed than the other. This difference is used MRGs, RLGs, and FOGs that are used in settlement, a broad range of commercial, to compute the rate of angular rotation. inertial systems. In addition, the space, and U.S. defense customers likely RLGs are commonly used in commercial defendants are leading competitors in would suffer from higher prices for and military aviation, land applications, the development of a MEMS IMU. The advanced avionics products essential to satellites, space launch vehicles and merger of these two inertial their businesses and from a decline in high performance tactical missiles. manufacturers would substantially limit product quality and innovation. FOGs employ optical fiber wound on competition in the production of inertial Pursuant to the proposed Final a spool. Each FOG has a light source systems. Judgment, Honeywell will divest its and control electronics to provide two Entry by a new company would not TCAS Business, which it operates at its beams of light, one traveling clockwise be timely, likely or sufficient to prevent Glendale and Phoenix, Arizona and the other counter-clockwise, harm to competition in any of these facilities. The TCAS Business to be through the wound coil. A detector on markets. In each market, a successful divested includes Honeywell’s TCAS II the coil output senses phase shifts entrant would have to design and computer, TCAS 2000 computer, TCAS between the two light beams and develop sophisticated, high technology 1500 computer (which is still under converts the phase shift into an angular products, establish complex production development), TCAS directional rate of rotation. FOGS were developed processes, and meet rigorous antenna, dedicated TCAS controller, after RLGs and are beginning to be qualification standards. Applicable laws and the dedicated TCAS display utilize in commercial and military and regulations may make it difficult, if (‘‘TCAS System’’). The TCAS divestiture aviation, land applications, satellites, not impossible, for manufacturers of the also includes, as common to the TACS space launch vehicles and high relevant products located outside the System and other systems of Honeywell, performance tactical missiles. United States to sell their products to the Vertical Speed Indicator/Traffic MEMS is a developing technology the U.S. military, a major purchaser. It Resolution Advisory (‘‘VSI/TRA’’), which produces IMUs using silicon is unrealistic to expect sufficient new pressure transducer and ARINC wafers made from semiconductor entry in a timely fashion to protect Diversity/Mode S transponder used manufacturing processes and competition in the relevant markets with the basic Honeywell TCAS System. sophisticated micro-machining. MEMS following the proposed merger. The divested TCAS Business will technology holds tremendous potential The Complaint alleges that the effect include all relevant tangible and for the next-generation IMU. MEMS of AlliedSignal’s proposed merger with intangible assets used in connection IMUs may permit manufacturers to Honeywell would be to lessen with the business and needed to make achieve significant size, cost and weight competition substantially and to tend to it a viable competitor in the TCAS reductions in the product. Depending create a monopoly in interstate trade marketplace. on the ultimate degree of accuracy that and commerce in violation of Section 7 AlliedSignal will, pursuant to the MEMS IMUs provide, they could of the Clayton Act. The combined firm proposed Final Judgment, divest its eventually supplement or replace would have the ability to increase prices SSWR Business, which it operates at its numerous types of IMUs currently in for each relevant product, either Olathe, Kansas facility. The SSWR the marketplace. unilaterally or in coordination with Business includes AlliedSignal’s RDR– other competitors. In particular, the 1400 and RDR–1500 product lines. The C. Harm to Competition as a proposed merger likely would have the divested SSWR Business will include Consequence of the Merger following effects, among others: actual all relevant tangible and intangible AlliedSignal and Honeywell are two and potential competition between assets used in connection with the of only three manufacturers of TCAS AlliedSignal and Honeywell in the business and needed to make it a viable used in U.S. military and commercial development, production, and sale of competitor in the SSWR marketplace. aircraft. Post merger, the comined firm products in each of the relevant markets AlliedSignal also will divest its would posses more than 60% of the would be eliminated; competition in the Teterboro Space and Navigation TCAS market. development, production, and sale of Business located in Teterboro, New
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Jersey. The Teterboro Space and compete with the MEMS technology Honeywell MEMS Business) who elects Navigation Business produces ring laser AlliedSignal is ordered to divest. to be employed by the purchaser of the gyroscopes, fiber optic gyroscopes, Each of the businesses to be divested Divested Business, vest all unvested inertial measurement units, reaction and is defined in detail in Section II of the pension and other equity rights of that momentum wheels, control moment proposed Final Judgment. The employee. For each such employee, gyroscopes, star sensors, sun shades, divestiture of the TCAS Business, the AlliedSignal or Honeywell shall also navigation and pointing systems and SSWR Business, the Teterboro Space provide all benefits to which the fire control systems. The divested and Navigation Business, and the employee would have been entitled if Teterboro Space and Navigation Cheshire Business each involves the terminated without cause, provided the Business will include all relevant sale of production equipment or employee is still employed by the tangible and intangible assets used in facilities which manufacture the purchaser at the end of the time period connection with the business and identified products on a daily basis. In covered by such benefit. needed to make it a viable competitor in contrast, the divestiture of the The proposed Final Judgment also both the IMU marketplace and the AlliedSignal MicroSCIRAS Business, directs that to the extent employees of reaction and momentum wheel the Honeywell MEMS Business and the any of the Divested Businesses remain marketplace. AlliedSignal MSA and MAG employed by defendants, the sale of AlliedSignal also will divest its IMU Technology Business each involves the each Divested Business shall include business located in Cheshire, sale or transfer of developing IMU the purchaser’s right to reasonable 1 Connecticut that produces rate-grade technologies. With one exception, access to such employees for up to mechanical inertial measurement units these latter three businesses do not yet eighteen (18) months from the date of and components. The Cheshire Business have the current capability to produce the purchase. The services furnished also includes AlliedSignal’s Newark, IMU products at production level will be provided free by defendants for Ohio repair and overhaul business. The volumes for sale to the public. the first six (6) months following the sale of the business. Thereafter, the divested Cheshire Business will include B. Employees all relevant tangible and intangible charges for such services will be set by The proposed Final Judgment assets used in connection with the the defendants at a rate sufficient to contains other provisions designed to business and needed to make it a viable cover the service provider’s reasonable protect competition in the relevant estimate of its actual costs for providing competitor in the rate-grade mechanical product markets. The most important of IMU marketplace. the services and, if applicable, these provisions relate to employees of consistent with the prices the service AlliedSignal also will divest its the Divested Businesses and the firms provider would charge to an affiliate. MicroSCIRAS Business, which it that purchase the businesses. operates at its Redmond, Washington Confidential Attachment A to the C. Approval of Divested Business facility. MicroSCIRAS is a silicon-based proposed Final Judgment lists for each Purchasers and Appointment of MEMS technology. The divested business to be divested a group of Trustees AlliedSignal MicroSCIRAS Business employees who are important to Each business divested pursuant to includes the right to use the existing operating the business. The proposed the proposed Final Judgment must be silicon engineering foundry at the Final Judgment provides that, for a sold to a purchaser that can satisfy the Redmond facility, an option to lease the period of two years from the filing of the United States and DoD, in their sole existing Redmond engineering foundry, Complaint in this matter, defendants discretion, that the business will be a and/or an option to purchase the shall not solicit to hire, or hire, any viable ongoing business. The purchaser equipment currently in or authorized for individual listed in Confidential must satisfy the United States and DoD, the foundry, on November 1, 2000 or the Attachment A who, within six months in their sole discretion, that it: (1) Has date that AlliedSignal’s separate silicon of the date of sale of a Divested Business the capability and intent of competing production foundry is completed, that employs the individual, receives a effectively in the development, whichever occurs first. The divested reasonable offer of employment from the production, and sale of the relevant MicroSCIRAS Business will include all approved purchaser of the Divested products; (2) Has the managerial, relevant tangible and intangible assets Business, unless such employee is operational, and financial capability to used in connection with the business terminated or laid off by the purchaser. compete effectively in the development, and needed to make it a viable Defendants shall not interfere with any production, and sale of the relevant competitor in the MEMS marketplace. negotiations by the purchaser of a products; (3) Is eligible to receive If AlliedSignal does not divest its Divested Business to employ anyone applicable DoD security clearances; and MicroSCIRAS Business as required by listed in Confidential Attachment A, (4) Is not hindered by the terms of any the proposed Final Judgment, including, but not limited to, offering to agreement between the purchaser and Honeywell’s MEMS Business, which is increase in any way the employee’s defendants that gives either defendant located in Minneapolis and Plymouth, salary or other benefits (other than the ability unreasonably to raise the Minnesota, may be divested. The company-wide increases in salary or purchaser’s costs, to lower the Honeywell MEMS Business will include other benefits). In addition, AlliedSignal purchaser’s efficiency, or otherwise to all relevant tangible and intangible or Honeywell, as the case may be, shall, interfere with the ability of the assets used in connection with the for each employee of the TCAS purchaser to compete effectively. business and needed to make it a viable Business, the SSWR Business and the Immediately upon the filing of the competitor in the MEMS marketplace. AlliedSignal MicroSCIRAS Business (or, proposed Final Judgment, the United Finally, AlliedSignal will divest its as described in Section VI of the States may, in its sole discretion, MSA and MAG Technology Business. proposed Final Judgment, the nominate no more than two trustees for IMUs to be produced with the Court appointment. The trustees shall technologies controlled by this business, 1 The AlliedSignal MSA and MAG Technology serve at the cost and expense of Business owns, among other assets, patents which which AlliedSignal acquired pursuant are exclusively licensed to Endevco Corporation defendants, on customary and to two agreements identified in the and permit Endevco to manufacture micromachined reasonable terms and conditions agreed proposed Final Judgment, potentially silicon accelerometers sold to the public. to by the trustees and the United States,
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Navigation Business, the Cheshire Judgment at any time prior to entry. The 15 U.S.C. 16(e). As the Court of Business, the AlliedSignal comments and the response of the Appeals for the District of Columbia MicroSCIRAS Business, and the United States will be field with the Circuit held, the APPA permits a court AlliedSignal MSA and MAG Court and published in the Federal to consider, among other things, the Technology Business. Register. Written comments should be relationship between the secured and In the event that defendants have not submitted to: the specific allegations set forth in the sold all of the businesses required to be J. Robert Kramer II, divested pursuant to the proposed Final government’s complaint, whether the Chief, Litigation II Section, Antitrust Division, decree is sufficiently clear, whether Judgment in the specified time frame, United States Department of Justice, 1401 only the trustee monitoring defendants’ H Street, N.W., Suite 3000, Washington, D.C. enforcement mechanisms are sufficient, attempts to divest each non-divested 20530. and whether the decree may positively business shall have the power and The proposed Final Judgment harm third parties. See United States v. authority to accomplish the divestiture. provides that the Court retains Microsoft, 56 F.3d 1448, 1458–62 (D.C. If the AlliedSignal Micro SCIRAS jurisdiction over this action, and the Cir. 1995). The courts have recognized Business has not been divested, the parties may apply to the Court for any that the term ‘‘ ‘public interest’ take[s] trustee responsible for divesting that order necessary or appropriate for the meaning from the purposes of the business may, in its sole discretion, modification, interpretation, or regulatory legislation.’’ NAACP v. divest the Honeywell MEMS Business enforcement of the proposed Final Federal Power Comm’n, 425 U.S. 662, instead. Defendants may not object to a Judgment. 669 (1976). Since the purpose of the divestiture by a trustee on any ground antitrust laws is to preserve ‘‘free and other than the trustee’s malfeasance. VI. Alternatives to the Proposed Final unfettered competition as the rule of Judgment trade,’’ Northern Pacific Railway Co. v. IV. Remedies Available to Potential United States, 356 U.S. 1, 4 (1958), the Private Litigants The United States considered, as an alternative to the proposed Final focus of the ‘‘public interest’’ inquiry Section 4 of the Clayton Act (15 Judgment, a full trial on the merits under the APPA is whether the U.S.C. 15) provides that any person who against defendants. The United States proposed Final Judgment would serve has been injured as a result of conduct could have brought suit and sought the public interest in free and unfettered prohibited by the antitrust laws may preliminary and permanent injunctions competition. United States v. American bring suit in federal court to recover against the merger of AlliedSignal and Cyanamid Co., 719 F.2d 558, 565 (2d Cir three times the damages the person has Honeywell. 1983), cert, denied, 465 U.S. 1101 suffered, as well as costs and reasonable The United States is satisfied that the (1984); United States v. Waste attorneys’ fees. Entry of the proposed divestiture of the described businesses Management, Inc., 1985–2 Trade Cas., Final Judgment will neither impair nor and assets pursuant to the proposed ¶ 66,651, at 63,046 (D.D.C. 1985). In assist the bringing of any private Final Judgment will encourage viable conducting this inquiry, ‘‘the Court is antitrust damage action. Under the competition in the research, nowhere compelled to go to trial or to provisions of Section 5(a) of the Clayton development, production, and sale of engage in extended proceedings which Act (15 U.S.C. 16(a)), the proposed Final TCAS, SSWR, reaction and momentum might have the effect of vitiating the Judgment has no prima facie effect in wheels, and inertial systems. The benefits of prompt and less costly any subsequent private lawsuit that may United States is satisfied that the settlement through the consent decree be brought against defendants. proposed relief will prevent the merger process.’’ 2 Rather, V. Procedures Available for from having anticompetitive effects in [a]bsent a showing of corrupt failure of the Modification of The Proposed Final any of these markets. government to discharge its duty, the Court, Judgment VII. Standard of Review Under the in making its public interest finding, should * * * carefully consider the explanations of The United States and defendants APPA for Proposed Final Judgment the government in the competitive impact have stipulated that the proposed Final The APPA requires that proposed statement and its responses to comments in Judgment may be entered by the Court consent judgments in antitrust cases order to determine whether those after compliance with the provisions of brought by the United States be subject explanations are reasonable under the the APPA, provided that the United to a sixty-day comment period, after circumstances. States have not withdrawn its consent. which the Court shall determine The APPA conditions entry upon the whether entry of the proposed Final 2 119 Cong. Rec. 24598 (1973). See United States Court’s determination that the proposed Judgment ‘‘is in the public interest.’’ In v. Gillette Co., 406 F. Supp. 713, 715 (D.Mass. Final Judgment is in the public interest. making that determination, the Court 1975). A ‘‘public interest’’ determination can be The APPA provides a period of at may consider— made properly on the basis of the Competitive least sixty (60) days preceding the Impact Statement and Response to Comments filed (1) The competitive impact of such pursuant to the APPA. Although the APPA effective date of the proposed Final authorizes the use of additional procedures, 15 Judgment within which any person may judgment, including termination of alleged violations, provisions for enforcement and U.S.C. § 16(f), those procedures are discretionary. A submit to the United States written modification, duration or relief sought, court need not invoke any of them unless it believes comments regarding the proposed Final that the comments have raised significant issues anticipated effects of alternative remedies and that further proceedings would aid the court in Judgment. Any person who wishes to actually considered, and any other resolving those issues. See H.R. 93–1463, 93rd comment should do so within sixty (60) considerations bearing upon the adequacy of Cong. 2d Sess. 8–9, reprinted in (1974) U.S. Code days of the date of publication of this such judgment; Cong. & Ad. News 6535, 6538.
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United States v. Mid-America is ‘within the reaches of public have been dropped as parties to this Dairymen, Inc. 1977–1 Trade Cas. interest.’ ’’ (citations omitted).4 venture. ¶ 61,508, at 71,980 (W.D. Mo. 1977). VIII. Determinative Documents No other changes have been made in Accordingly, with respect to the either the membership or planned adequacy of the relief secured by the No determinative materials or activity of the group research project. decree, a court may not ‘‘engage in documents within the meaning of the Membership in this group research unrestricted evaluation of what relief APPA were considered by the United project remains open, and Advanced would best serve the public.’’ United States in formulating the proposed Final Lead-Acid Battery Consortium States v. BNS, Inc., 858 F.2d 456, 462 Judgment. (‘‘ALABC’’) intends to file additional (9th Cir. 1988), quoting United States v. Dated: November 22, 1999. written notification disclosing all Bechtel Corp., 648 F.2d 660 (9th Cir.), For Plaintiff United States of America: changes in membership. cert denied, 454 U.S. 1083 (1981). See J. Robert Kramer II, On June 15, 1992, Advanced Lead- also Microsoft, 56 F.3d 1448 (D.C. Cir. Chief, Litigation II Section, Acid Battery Consortium (‘‘ALABC’’) 1995). Precedent requires that: filed its original notification pursuant to PA Bar # 23963. section 6(a) of the Act. The Department The balancing of competing social and Michael K. Hammaker, political interests affected by a proposed of Justice published a notice in the DC Bar # 233684 and antitrust consent decree must be left, in the Federal Register pursuant to section first instance, to the discretion of the P. Terry Lubeck, 6(b) of the Act on July 29, 1992 (57 FR Attorney General. The court’s role in Janet Adams Nash, 33522). protecting the public interest is one of Carolyn Davis, The last notification was filed with insuring that the government has not Denise Cheung, the Department on January 15, 1998. A breached its duty to the public in consenting Paul E. O’Brien, notice was published in the Federal to the decree. The court is required to determine not whether a particular decree is Trial Attorneys, Register pursuant to section 6(b) of the the one that will best serve society, but U.S. Department of Justice, Antitrust Division, Act on February 27, 1998 (63 FR 10040). whether the settlement is ‘within the reaches 1401 H St., NW., Suite 3000, Washington Constance K. Robinson, of the public interest’ More elaborate DC 20530, 202–307–0924, 202–307–6283 Director of Operations, Antitrust Division. requirements might undermine the (Facsimile). [FR Doc. 99–32334 Filed 12–13–99; 8:45 am] effectiveness of antitrust enforcement by [FR Doc. 99–31669 Filed 12–13–99; 8:45 am] BILLING CODE 4410±11±M consent decree.3 BILLING CODE 4410±11±M A proposed consent decree is an agreement between the parties which is DEPARTMENT OF JUSTICE reached after exhaustive negotiations DEPARTMENT OF JUSTICE and discussions. Parties to not hastily Antitrust Division and thoughtlessly stipulate to a decree Antitrust Division because, in doing so, they Notice Pursuant to the National Notice Pursuant to the National Cooperative Research and Production waive their right to litigate the issues Cooperative Research and Production Act of 1993 Auto Body Consortium: involved in the case the thus save themselves Act of 1993ÐAdvanced Lead-Acid Near Zero Stamping the time, expense, and inevitable risk of Battery Consortium (``ALABC'') litigation. Naturally, the agreement reached Notice is hereby given that, on April normally embodies a compromise; in Notice is hereby given that, on July 20, 1999, pursuant to section 6(a) of the exchange for the saving of cost and the elimination of risk, the parties each give up 13, 1999, pursuant to section 6(a) of the national Cooperative Research and something they might have won had they National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 proceeded with the litigation. Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Auto body et seq. (‘‘the Act’’), Advanced Lead-Acid consortium, Inc. (‘‘the Consortium’’) has United States v. Armour & Co., 402 U.S. Battery Consortium (‘‘ALABC’’) has filed written notifications 673, 681 (1971). filed written notifications simultaneously with the Attorney The proposed Final Judgment, simultaneously with the Attorney General and the Federal Trade therefore, should not be reviewed under General and the Federal Trade Commission disclosing a change in its a standard of whether it is certain to Commission disclosing changes in its membership status. The notifications eliminate every anticompetitive effect of membership status. The notifications were filed for the purpose of extending a particular practice or whether it were filed for the purpose of extending the Act’s provisions limiting the mandates certainty of free completion in the Act’s provisions limiting the recovery of antitrust plaintiffs to actual the future. Court approval of a proposed recovery of antitrust plaintiffs to actual damages under specified circumstances. final judgment requires a standard more damages under specified circumstances. Specifically, DaimlerChrysler flexible and less strict than the standard Specifically, FIAMM SpA, Montecchio, Corporation, Auburn Hills, MI has been required for a finding of liability. ‘‘[A] Italy; and Southern Coalition for added as a party to this venture. Also, proposed decree must be approved even Advanced Transportation (SCAT), Chrysler Corporation, Auburn Hills, MI if it falls short of the remedy the court Atlanta, GA have been added as parties has been dropped as a party to this would impose on its own, as long as it to this venture. Also, Omni Oxide, venture. falls within the range of acceptability or L.L.C., Indianapolis, IN; and Kyungwon No other changes have been made in Battery Co., Ltd., Kyungki-do, KOREA either the membership or planned 3 United States v. Bechtel, 648 F.2d at 666 activity of the group research project. (citations omitted)(emphasis added); See United 4 United States v. American Tel. and Tel. Co., 552 Membership in this group research States v. BNS, Inc., 858 F.2d at 463; United States F. Supp. 131, 150 (D.D.C. 1982), aff’d sub nom, project remains open, and the v. National Broadcasting Co., 449 F. Supp. 1127, Maryland v. United States, 460 U.S. 1001 (1983), 1143 (C.D. Cal. 1978); United States v. Gillette Co., quoting United States v. Gillette Co., supra, 406 F. Consortium intends to file additional 406 F. Supp. at 716. See also United States v. Supp. at 716; United States v. Alcan Aluminum, written notification disclosing all American Cyanamid Co., 719 F.2d at 565. Ltd., 605 F. Supp. 619, 622 (W.D. Ky. 1985). changes in membership.
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On September 14, 1995, the the result of, a research project in Inc., San Diego, CA; and Exxon Consortium filed its original notification existence while Baxter is a common Chemical Company, a Division of Exxon pursuant to section 6(a) of the Act. The stockholder of BRDC. Corporation, Houston, TX. The nature Department of Justice published a notice Effective April 30, 1998, the and objectives of the venture are to in the Federal Register pursuant to Cooperative Research Agreement conduct research on polymerization section 6(b) of the Act on January 31, between BRDC and Bernard catalysts. 1996 (61 FR 3463). Technologies expired. Bernard The last notification was filed with Technologies was no longer a The activities of this Joint Venture the Department on January 3, 1996. A cooperative researcher with BRDC, project will be partially funded by an notice was published in the Federal effective May 1, 1998. award from the Advanced Technology Register pursuant to section 6(b) of the No other changes have been made in Program, National Institute of Standards Act on February 15, 1996 (61 FR 6038). either the membership or planned and Technology, Department of Constance K. Robinson, activity of the group research project. Commerce. Director of Operations, Antitrust Division. Membership in this group research Constance K. Robinson, [FR Doc. 99–32330 Filed 12–13–99; 8:45 am] project remains open, and Director of Operations, Antitrust Division. Biotechnology Research and BILLING CODE 4410±01±M [FR Doc. 99–32336 Filed 12–13–99; 8:45 am] Development Corporation (‘‘BRDC’’) BILLING CODE 4410±11±M intends to file additional written DEPARTMENT OF JUSTICE notification disclosing all changes in membership. DEPARTMENT OF JUSTICE Antitrust Division On April 13, 1988, Biotechnology Research and Development Corporation Antitrust Division Notice Pursuant to the National (‘‘BRDC’’) filed its original notification Cooperative Research and Production pursuant to section 6(a) of the Act. The Notice Pursuant to the National Act of 1993ÐBiotechnology Research Department of Justice published a notice Cooperative Reserach and Production and Development Corporation in the Federal Register pursuant to Act of 1993ÐCatalytica Advanced (``BRDC'') Section 6(b) of the Act on May 12, 1988 Technologies: Emission Control Notice is hereby given that, on August (53 FR 16919). Catalysts The last notification was filed with 2, 1999, pursuant to section 6(a) of the the Department on November 5, 1998. A National Cooperative Research and Notice is hereby given that, on August notice was published in the Federal Production Act of 1993, 15 U.S.C. 4301 6, 1999, pursuant to section 6(a) of the Register pursuant to section 6(b) of the et seq. (‘‘the Act’’), Biotechnology National Cooperative Research and Act on January 29, 1999 (64 FR 4704). Research and Development Corporation Production Act of 1993, 15 U.S.C. 4301 (‘‘BRDC’’) has filed written notifications Constance K. Robinson, et seq. (‘‘the Act’’), Catalytica Advanced simultaneously with the Attorney Director of Operations Antitrust Division. Technoogies: Emission Control Catalysts General and the Federal Trade [FR Doc. 99–32329 Filed 12–13–99; 8:45 am] has filed written notifications Commission disclosing changes in its BILLING CODE 4410±11±M simultaneously with the Attorney membership status. The notifications General and the Federal Trade were filed for the purpose of extending Commission disclosing (1) the identities DEPARTMENT OF JUSTICE the Act’s provisions limiting the of the parties and (2) the nature and recovery of antitrust plaintiffs to actual Antitrust Division objectives of the venture. The damages under specified circumstances. notifications were filed for the purpose Specifically, Baxter Healthcare Notice Pursuant to the National of invoking the Act’s provisions limiting Corporation, Round Lake, IL has been Cooperative Research and Production the recovery of antitrust plaintiffs to added as a party to this venture. Also, Act of 1993ÐCatalytica Advanced actual damages under specified Bernard Technologies, Inc., Chicago, IL Technologies: Polymerization circumstances. Pursuant to section 6(b) has been dropped as a party to this Catalysts of the Act, the identities of the parties venture. On June 11, 1999, BRDC issued to Notice is hereby given that, on July are Catalytica Advanced Technologies, Baxter Healthcare Corporation 15, 1999, pursuant to section 6(a) of the Inc., Mountain View, CA; and (‘‘Baxter’’) and Baxter purchased from National Cooperative Research and CombiChem, Inc., San Diego, CA. The BRDC, 7462⁄3 shares of common stock, Production Act of 1993, 15 U.S.C. 4301 nature and objectives of the venture are without par value, of BRDC. et seq. (‘‘the Act’’), Catalytica Advanced to conduct research on the Simultaneously, with the issuance and Technologies: Polymerization Catalysts combinatorial discovery and purchase of the shares of the common has filed written notifications development of emission control stock, BRDC and Baxter entered into an simultaneously with the Attorney catalysts for lean-burn engines. Agreement to be Bound by BRDC Master General and the Federal Trade The activities of this Joint Venture Agreement whereby Baxter agreed to be Commission disclosing (1) the identities project will be partially funded by an bound by the terms and conditions of of the parties and (2) the nature and award from the Advanced Technology the BRDC Master Agreement effective as objectives of the venture. The Program, National Institute of Standards of June 10, 1998, by and among BRDC notifications were filed for the purpose and Technology, Department of and its common stockholders. Baxter of invoking the Act’s provisions limiting Commerce. has the rights set forth in the BRDC the recovery of antitrust plaintiffs to Master Agreement in all project actual damages under specified Constance K. Robinson, technology made, discovered, circumstances. Pursuant to section 6(b) Director of Operations, Antitrust Division. conceived, developed, learned or of the Act, the identities of the parties [FR Doc. 99–32340 Filed 12–13–99; 8:45 am] acquired by or on behalf of BRDC in are Catalytica Advanced Technologies, BILLING CODE 4410±11±M connection with, or arising out of, or as Inc., Mountain View, CA; CombiChem,
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DEPARTMENT OF JUSTICE Production Act of 1993, 15 U.S.C. 4301 The nature and objectives of the venture et seq. (‘‘the Act’’), E&P Technology are to conduct research on Antitrust Division Cooperative has filed written Electromagnetic Dynamic Compaction. notifications simultaneously with the The activities of this Joint Venture Notice Pursuant to the National Attorney General and the Federal Trade project will be partially funded by an Cooperative Research and Production Commission disclosing changes in its award from the Advanced Technology Act of 1993ÐCommercenet membership status. The notifications Program, National Institute of Standards Consortium, Inc. were filed for the purpose of extending and Technology, Department of Notice is hereby given that, on June the Act’s provisions limiting the Commerce. 15, 1999, pursuant to section 6(a) of the recovery of antitrust plaintiffs to actual Constance K. Robinson, National Cooperative Research and damages under specified circumstances. Director of Operations, Antitrust Division. Production Act of 1993, 15 U.S.C. 4301 Specifically, one of the original [FR Doc. 99–32337 Filed 12–13–99; 8:45 am] et seq. (‘‘the Act’’), CommerceNet members of the Cooperative, The British BILLING CODE 4410±11±M Consortium, Inc. has filed written Petroleum Company plc, London EC2M notifications simultaneously with the 7BA, England, merged with Amoco Attorney General and the Federal Trade Corporation effective December 31, DEPARTMENT OF JUSTICE Commission disclosing changes in its 1998. The British Petroleum Company membership status. The notifications plc was renamed BP Amoco plc and Antitrust Division remains a party to the venture. were filed for the purpose of extending Notice Pursuant to the National the Act’s provisions limiting the No other changes have been made in either the membership or planned Cooperative Research and Production recovery of antitrust plaintiffs to actual Act of 1993ÐIntevac, Inc. damages under specified circumstances. activity of the group research project. Specifically, Commonwealth of Membership in this group research Notice is hereby given that, on July Massachusetts, Boston, MA; Teledyne project remains open, and E&P 13, 1999, pursuant to section 6(a) of the Electronic Technologies, West Los Technology Cooperative intends to file National Cooperative Research and Angeles, CA; and Levi Strauss & Co., additional written notification Production Act of 1993, 15 U.S.C. 4301 San Francisco, CA have been added as disclosing all changes in membership. et seq. (‘‘the Act’’), Intevac, Inc. has filed parties to this venture. Also, Boise On June 6, 1996, E&P Technology written notifications simultaneously Cascade Office Products, Itasca, IL; and Cooperative filed its original with the Attorney General and the Defense Information Systems Agency, notification pursuant to section 6(a) of Federal Trade Commission disclosing Reston, VA have been dropped as the Act. The Department of Justice (1) the identities of the parties and (2) parties to this venture. published a notice in the Federal the nature and objectives of the venture. No other changes have been made in Register pursuant to section 6(b) of the The notifications were filed for the either the membership or planned Act on June 28, 1996 (61 FR 33774). purpose of invoking the Act’s provisions activity of the group research project. Constance K. Robinson, limiting the recovery of antitrust Membership in this group research Director of Operations, Antitrust Division. plaintiffs to actual damages under project remains open, and [FR Doc. 99–32333 Filed 12–13–99; 8:45 am] specified circumstances. Pursuant to CommerceNet Consortium, Inc. intends BILLING CODE 4410±11±M section 6(b) of the Act, the identities of to file additional written notification the parties are Intevac, Inc., Santa Clara, disclosing all changes in membership. CA; and National Semiconductor On June 13, 1994, CommerceNet DEPARTMENT OF JUSTICE Corporation, Santa Clara, CA. The Consortium, Inc. filed its original nature and objectives of the venture are notification pursuant to section 6(a) of Antitrust Division to conduct research on a low cost, low the Act. The Department of Justice light level video camera. The activities published a notice in the Federal Notice Pursuant to the National of this Joint Venture project will be Register pursuant to Section 6(b) of the Cooperative Research and Production partially funded by an award from the Act on August 31, 1994 (59 FR 45012). Act of 1993ÐIAP Research, Inc.: Advanced Technology Program, The last notification was filed with Electromagnetic Dynamic Compaction National Institute of Standards and the Department on May 11, 1999. A Notice is hereby given that, on July Technology, Department of Commerce. notice has not yet been published in the 21, 1999, pursuant to section 6(a) of the Constance K. Robinson, Federal Register. National Cooperative Research and Director of Operations, Antitrust Division. Constance K. Robinson, Production Act of 1993, 15 U.S.C. 4301 [FR Doc. 99–32341 Filed 12–13–99; 8:45 am] Director of Operations, Antitrust Division. et seq. (‘‘the Act’’), IAP Research, Inc. BILLING CODE 4410±11±M [FR Doc. 99–32331 Filed 12–13–99; 8:45 am] has filed written notifications BILLING CODE 4410±11±M simultaneously with the Attorney General and the Federal Trade DEPARTMENT OF JUSTICE Commission disclosing (1) the identities DEPARTMENT OF JUSTICE of the parties and (2) the nature and Antitrust Division objectives of the venture. The Antitrust Division Notice Pursuant to the National notifications were filed for the purpose Cooperative Research and Production Notice Pursuant to the National of invoking the Act’s provisions limiting Act of 1993ÐAdvanced Technology Cooperative Research and Production the recovery of antitrust plaintiffs to Program: Microfluidics Device for Act of 1993ÐE&P Technology actual damages under specified Diagnosis of Nosocomial Agents Cooperative circumstances. Pursuant to section 6(b) MeDiNA of the Act, the identities of the parties Notice is hereby given that, on March are IAP Research, Inc., Dayton, OH; Notice is hereby given that, on July 7, 30, 1999, pursuant to section 6(a) of the Delco Remy America, Anderson, IN; and 1999, pursuant to section 6(a) of the National Cooperative Research and Select Tool & Die Corp., Dayton, OH. National Cooperative Research and
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Production Act of 1993, 15 U.S.C. 4301 Answers, Inc., Petaluma, CA; Metal Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Motorola, Inc. Finishing Suppliers’ Association, et seq. (‘‘the Act’’), Pharmacia Biotech: Physical Sciences Research Herndon, VA; Wayne State University, Arrayed Primer Extension Research Laboratories, Motorola Labs has filed Detroit, MI have been added as parties Consortium has filed written written notifications simultaneously to this venture. Pursuant to a previous notifications simultaneously with the with the Attorney General and the merger with Michigan Materials and Attorney General and the Federal Trade Federal Trade Commission disclosing Processing Institute (‘‘MMPI’’), Auto-Air Commission disclosing changes in its (1) the identities of the parties and (2) Composites, Inc., Lansing, MI; and membership status. The notifications the nature and objectives of the venture. Gougeon Brothers, Inc., Bay City, MI were filed for the purpose of extending The notifications were filed for the have also been added as parties to this the Act’s provisions limiting the purpose of invoking the Act’s provisions venture. Also, Advanced Optical recovery of antitrust plaintiffs to actual limiting the recovery of antitrust Equipment & Systems Corporation, damages under specified circumstances. plaintiffs to actual damages under Edgewood, NM; Advanced Technology Specifically, on December 31, 1997, one specified circumstances. Pursuant to & Research Corporation, Burtonsville, of the original participants of the section 6(b) of the Act, the identities of MD; Kasper Machine Company, Consortium, Pharmacia Biotech Inc., the parties are Motorola, Inc. Physical Madison Heights, MI; Lucent merged with and into Amersham Life Sciences Research Laboratories, Technologies, Inc., Warren, NJ; Mettech Science Inc. At that time, the surviving Motorola Labs, Tempe, AZ; CFD Corporation, Richmond, British corporation, Amersham Life Science Research Corporation, Huntsville, AL; Columbia, CANADA; PCC Olofsson Inc., changed its name to Amersham and Arizona State University, Tempe, Corporation, Lansing, MI; Performance Pharmacia Biotech Inc. As a result of the AZ. The nature and objectives of the Controls, Inc., Horsham, PA; PlyMore merger, Amersham Pharmacia Biotech venture are to conduct research under a Circuit Technologies LP, Maryville, TN; Inc., Piscataway, NJ, assumed all rights program entitled ‘‘Microfluidics Device Preco Industries, Inc., Lenexa, KS; QM and obligations of Pharmacia Biotech, for Diagnosis of Nosocomial Agents Technologies, Inc., Albuquerque, NM; Inc. MeDiNA’’. The activities of this Joint Aerospace Corporation, Los Angeles, No other changes have been made in Venture may be partially funded by an CA; and New Jersey institute of either the membership or planned award from the Advanced Technology Technology, Newark, NJ have been activity of the group research project. Program, National Institute of Standards dropped as parties to this venture. Membership in this group research and Technology, Department of No other changes have been made in project remains open, and Pharmacia Commerce. either the membership or planned Biotech: Arrayed Primer Extension Constance K. Robinson, activity of the group research project. Research Consortium intends to file Director of Operations, Antitrust Division. Membership in this group research additional written notification [FR Doc. 99–32332 Filed 12–13–99; 8:45 am] project remains open, and National disclosing all changes in membership. On September 26, 1995, Pharmacia BILLING CODE 4410±11±M Center for Manufacturing Sciences, Inc. (‘‘NCMS’’) intends to file additional Biotech: Arrayed Primer Extension written notification disclosing all Research Consortium filed its original DEPARTMENT OF JUSTICE changes in membership. notification pursuant to section 6(a) of On February 20, 1987, National the Act. The Department of Justice Antitrust Division Center for Manufacturing Sciences, Inc. published a notice in the Federal (‘‘NCMS’’) filed its original notification Register pursuant to Section 6(b) of the Notice Pursuant to the National pursuant to section 6(a) of the Act. The Act on December 13, 1995 (60 FR Cooperative Research and Production Department of Justice published a notice 64078). Act of 1993ÐNational Center for in the Federal Register pursuant to The last notification was filed with Manufacturing Sciences, Inc. section 6(b) of the Act on March 17, the Department on September 29, 1995. (``NCMS'') 1987 (52 FR 8375). A notice was published in the Federal Notice is hereby given that, on August The last notification was filed with Register pursuant to section 6(b) of the 5, 1999, pursuant to section 6(a) of the the Department on April 1, 1999. A Act on December 13, 1995 (60 FR National Cooperative Research and notice was published in the Federal 64078). Production Act of 1993, 15 U.S.C. 4301 Register pursuant to section 6(b) of the Constance K. Robinson, et seq. (‘‘the Act’’), National Center for Act on May 26, 1999 (64 FR 28519). Director of Operations, Antitrust Division. Manufacturing Sciences, Inc. (‘‘NCMS’’) Constance K. Robinson, [FR Doc. 99–32339 Filed 12–13–99; 8:45 am] has filed written notifications Director of Operations, Antitrust Division. BILLING CODE 4410±11±M simultaneously with the Attorney [FR Doc. 99–32328 Filed 12–13–99; 8:45 am] General and the Federal Trade BILLING CODE 4410±11±M Commission disclosing changes in its DEPARTMENT OF JUSTICE membership status. The notifications were filed for the purpose of extending DEPARTMENT OF JUSTICE Antitrust Division the Act’s provisions limiting the Antitrust Division Notice Pursuant to the National recovery of antitrust plaintiffs to actual Cooperative Research and Production damages under specified circumstances. Notice Pursuant to the National Act of 1993ÐSemiconductor Research Specifically, ActiveTouch Systems, Inc., Cooperative Research and Production Corp). (``SRC'') Santa Clara, CA; FileNET Corporation, Act of 1993ÐPharmacia Biotech: Denver, CO; Michigan BIDCO, Inc., Ann Arrayed Primer Extension Research Notice is hereby given that, on August Arbor, MI; Optomec Design Company, Consortium 4, 1999, pursuant to section 6(a) of the Ellicott City, MD; Partnerships Limited, National Cooperative Research and Inc., Lawrenceville, NJ; Six Sigma Notice is hereby given that, on July Production Act of 1993, 15 U.S.C. 4301 Qualtec, Inc., Scottsdale, AZ; Stratasys 15, 1999, pursuant to section 6(a) of the et seq. (‘‘the Act’’), Semiconductor Inc., Eden Prairie, MN; Technology National Cooperative Research and Research Corporation (‘‘SRC’’) has filed
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Reports from the Chairman, specified circumstances. Specifically, On March 12, 1999, Telematics Commissioners, Legal, Chief of Staff, Microbar Incorporated, Sunnyvale, CA; Suppliers Consortium, Inc. filed its Case Operations, and Administrative and TestChip Technologies, Inc., Dallas, original notification pursuant to section Sections. TX, have been added as parties to this 6(a) of the Act. A notice has not yet been 3. Attorney Representation of D.C. venture. published in the Federal Register. Parole Violators. No other changes have been made in Constance K. Robinson, AGENCY CONTACT: Sam Robertson, Case either the membership or planned Director of Operations, Antitrust Division. Operations, United States Parole activity of the group research project. [FR Doc. 99–32338 Filed 12–13–99; 8:45 am] Commission, (301) 492–5962. Membership in this group research BILLING CODE 4410±11±M Dated: December 9, 1999. project remains open, and Semiconductor Research Corporation Michael A. Stover, (‘‘SRC’’) intends to file additional PAROLE COMMISSION General Counsel, U.S. Parole Commission. written notification disclosing all [FR Doc. 99–32452 Filed 12–10–99; 11:19 changes in membership. Sunshine Act Meeting am] BILLING CODE 4410±31±M On January 7, 1985, Semiconductor AGENCY HOLDING MEETING: Department of Research Corporation (‘‘SRC’’) filed its Justice, United States Parole original notification pursuant to Section Commission. 6(a) of the Act. The Department of NATIONAL COUNCIL ON DISABILITY DATE AND TIME: Thursday, December 16, Justice published a notice in the Federal 1999, 9:30 a.m. Register pursuant to section 6(b) of the Sunshine Act Meeting PLACE: U.S. Parole Commission, 5550 Act on January 30, 1985 (50 FR 4281). Friendship Boulevard, 4th Floor, Chevy TYPE: Quarterly Meeting. The last notification was filed with Chase, Maryland 20815. AGENCY: National Council on Disability. the Department on March 12, 1999. A STATUS: Closed—Meeting. notice has not yet been published in the SUMMARY: This notice sets forth the MATTERS CONSIDERED: Federal Register. The following schedule and proposed agenda of the matter will be considered during the forthcoming quarterly meeting of the Constance K. Robinson, closed portion of the Commission’s National Council on Disability. Notice Director of Operations, Antitrust Division. Business Meeting: of this meeting is required under [FR Doc. 99–32335 Filed 12–13–99; 8:45 am] Appeals to the Commission involving Section 522b(e)(1) of the Government in BILLING CODE 4410±11±M approximately two cases decided by the the Sunshine Act, (P.L. 94–409). National Commissioners pursuant to a QUARTERLY MEETING DATES: February 28– reference under 28 CFR 2.27. These March 1, 2000, 8:30 a.m. to 5:00 p.m. DEPARTMENT OF JUSTICE cases were originally heard by an LOCATION: Radisson Plaza Hotel examiner panel wherein inmates of Antitrust Division Orlando, 60 South Ivanhoe Boulevard, Federal prisons have applied for parole Orlando, Florida; 407–843–0262. Notice Pursuant to the National or are contesting revocation of parole or mandatory release. FOR INFORMATION, CONTACT: Mark S. Cooperative Research and Production Quigley, Public Affairs Specialist, AGENCY CONTACT: Sam Robertson, Case Act of 1993ÐTelematics Suppliers National Council on Disability, 1331 F Consortium, Inc. Operations, United States Parole Commission, (301) 492–5962. Street NW, Suite 1050, Washington, DC Notice is hereby given that, on May 20004–1107; 202–272–2004 (Voice), Dated: December 9, 1999. 202–272–2074 (TTY), 202–272–2022 26, 1999, pursuant to section 6(a) of the Michael A. Stover, National Cooperative Research and (Fax). General Counsel, U.S. Parole Commission. Production Act of 1993, 15 U.S.C. 4301 AGENCY MISSION: The National Council et seq. (‘‘the Act’’), Telematics Suppliers [FR Doc. 99–32451 Filed 12–10–99; 11:16 on Disability is an independent federal am] Consortium, Inc. (‘‘Telematics’’) has agency composed of 15 members filed written notifications BILLING CODE 4410±31±M appointed by the President of the simultaneously with the Attorney United States and confirmed by the U.S. Senate. Its overall purpose is to promote General and the Federal Trade PAROLE COMMISSION Commission disclosing changes in its policies, programs, practices, and membership status. The notifications Sunshine Act Meeting procedures that guarantee equal were filed for the purpose of extending opportunity for all people with the Act’s provisions limiting the AGENCY HOLDING MEETING: Department of disabilities, regardless of the nature of recovery of antitrust plaintiffs to actual Justice, United States Parole severity of the disability; and to damages under specified circumstances. Commission. empower people with disabilities to Specifically, ATX Technologies, Inc., TIME AND DATE: 10:30 a.m., Thursday, achieve economic self-sufficiency, San Antonio, TX; Mannesman GmbH, December 16, 1999. independent living, and inclusion and Wetzlar, Germany; and Volkswagen PLACE: U.S. Parole Commission, 5550 integration into all aspects of society. GmbH, Stuttgart, Germany have been Friendship Boulevard, 4th Floor, Chevy ACCOMMODATIONS: Those needing added as parties to this venture. Chase, Maryland 20815. interpreters or other accommodations
VerDate 29-OCT-99 19:26 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm01 PsN: 14DEN1 69802 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices should notify the National Council on TIME AND DATE: 11:30 a.m., Thursday, before that date which result in a Disability prior to this meeting. December 16, 1999. contrary determination. ENVIRONMENTAL ILLNESS: People with PLACE: Board Room, 7th Floor, Room ADDRESSES: All persons who desire to environmental illness must reduce their 7047, 1775 Duke Street, Alexandria, submit written comments, views, or exposure to volatile chemical Virginia 22314–3428. arguments for consideration by the substances in order to attend this STATUS: Closed. NLRB in connection with the proposed revised System of Records Notice shall meeting. In order to reduce such MATTERS TO BE CONSIDERED: exposure, we ask that you not wear 1. Field of Membership Appeal. Closed file them with the Executive Secretary, perfumes or scents at the meeting. We pursuant to exemption (8). National Labor Relations Board, 1099 also ask that you smoke only in 2. Insurance Appeal. Closed pursuant to 14th Street, NW, Room 11600, designated areas and the privacy of your exemptions (6) and (8). Washington, DC 20570–0001. room. Smoking is prohibited in the 3. Proposed Modification to NCUA’s Copies of all such communications meeting room and surrounding area. Indemnification Policy. Closed pursuant to will be available for examination by exemptions (2), (6) and (7). OPEN MEETING: This quarterly meeting of interested persons during normal 4. Two (2) Personnel Matters. Closed business hours in the Office of the the National Council on Disability will pursuant to exemptions (2), (5), (6) and (7). be open to the public. Executive Secretary, National Labor FOR FURTHER INFORMATION CONTACT: Relations Board, 1099 14th Street, NW, AGENDA: The proposed agenda includes: Becky Baker, Secretary of the Board, Room 11600, Washington, DC 20570– Reports from the Chairperson and the Telephone (703) 518–6304. 0001. Executive Director Becky Baker, FOR FURTHER INFORMATION CONTACT: Committee Meetings and Committee John Reports Secretary of the Board. J. Toner, Executive Secretary, National Executive Session (closed) [FR Doc. 99–32453 Filed 12–10–99 11:22 am] Labor Relations Board, 1099 14th Street, Unfinished Business BILLING CODE 7535±01±M NW, Room 11600, Washington, DC New Business 20570–0001. Announcements SUPPLEMENTARY INFORMATION: The Adjournment NATIONAL LABOR RELATIONS following changes have been made to Records will be kept of all National BOARD the existing NLRB System of Records Council on Disability proceedings and Notice NLRB–4, Claim Records. will be available after the meeting for Privacy Act of 1974; Publication of 1. Routine uses 1 and 2 have been public inspection at the National Revised System of Records Notice deleted because the specified ‘‘need to Council on Disability. know’’ in them is authorized by 5 U.S.C. AGENCY: National Labor Relations Board 552a(b) (1) and (5). Signed in Washington, DC, on December 9, (NLRB). 2. Routine use 3 has been amended by 1999. ACTION: Revised publication of System changing reference from ‘‘Agency’’ to Ethel D. Briggs, of Records Notice NLRB–4, Claim ‘‘NLRB’’ for more specificity, and has Executive Director. Records. been renumbered 1. [FR Doc. 99–32477 Filed 12–10–99; 12:50 3. Routine use 4 has been amended to pm] SUMMARY: The Privacy Act of 1974, as specify more exactly the information BILLING CODE 6820±MA±M amended, requires that each agency that may be disclosed to a court or an publish a notice of a proposed new adjudicative body in the course of System of Records, as well as proposals presenting evidence or argument NATIONAL CREDIT UNION to revise existing Systems of Records. including disclosure to opposing ADMINISTRATION This notice alters an existing Privacy counsel or witnesses in the course of Act System of Records Notice NLRB–4, civil discovery, and has been Notice of Meetings Claim Records, by deleting two routine renumbered 2. uses, dividing one routine use into two 4. Routine use 5 has been renumbered TIME AND DATE: 10:00 a.m., Thursday, distinct uses for purposes of clarity, December 16, 1999. 3. amending the language of four routine 5. Routine use 6 has been amended to PLACE: Board Room, 7th Floor, Room uses, changing the system manager, and specify more exactly the categories of 7047, 1775 Duke Street, Alexandria, the address of the system location, and users and the information that may be Virginia 22314–3428. updating the citations referring to 29 disclosed, and has been renumbered 4. STATUS: Open. CFR 102.117; as well as making several 6. The language of routine use 7 has MATTERS TO BE CONSIDERED: insignificant administrative language been amended to specify that on 1. Proposed Operating Fee Scale. revisions. disclosure to an inquiring congressional 2. Community Development Revolving All persons are advised that in the office, the subject individual must be a Loan Program for Credit Unions: Notice of absence of submitted comments, views, constituent about whom the records are Applications for Participation and Interest or arguments considered by the NLRB as maintained, and has been renumbered Rate for Loans. warranting modification of the notice as 5. 3. Appeal from a Federal Credit Union of herewith to be published, it is the 7. Routine use 8 has been renumbered Regional Director’s Denial of a Field of intention of the NLRB that the notice Membership Request. 6. 4. Final Rule: Amendment to Part 701, shall be effective upon expiration of the 8. Routine use 9 has been divided into NCUA’s Rules and Regulations, Secondary comment period without further action two distinct uses for purposes of clarity, Capital Accounts—Disposition of Interest by this Agency. one dealing solely with arbitrators and Payments. DATES: The amended System of Records the other with officials of labor 5. Annual Report of NCUA Board Liaison Notice will become effective without organizations. The language has been to National Association of State Credit Union further notice 30 days from the date of amended to conform to the intent of Supervisors (NASCUS). this publication (January 13, 2000) routine use (e) in the Government-wide RECESS: 11:15 a.m. unless comments are received on or system of records OPM/GOVT–2,
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Employee Performance File System filed under 41 CFR 101–39.4, the employee; or (d) the United States Records, to eliminate the NLRB Interagency Fleet Management Systems, Government, is a party to litigation or requirement that the information that Accidents and Claims; and claims under has an interest in such litigation, and may be disclosed to a labor organization contracts with rental car companies. determines that disclosure is relevant ‘‘shall be furnished in depersonalized and necessary to the litigation and that CATEGORIES OF RECORDS IN THE SYSTEM: form, i.e., without personal identifiers.’’ the use of such records is therefore Routine use (e) is a Government-wide Records may include reports of deemed by the NLRB to be for a purpose system of records OPM/GOVT–2 which accidents or other events causing that is compatible with the purpose for provides that the information will be damage or loss; data bearing upon the which the records were collected. ‘‘disclosed to an arbitrator to resolve scope of employment of motor vehicle 3. Investigators utilized by the Agency disputes under a negotiated grievance operators; statements of witnesses; to obtain information relevant to a claim procedure or to officials of labor claims for damage or loss; investigations against the Agency. of claims, including doctors’ reports, if organizations under 5 U.S.C. Chapter 71 4. Other agencies, offices, any; police reports; rental agreements; when relevant and necessary to their establishments, and authorities, whether repair estimates; records on disposition duties of exclusive representation.’’ The Federal, State, or local, authorized or of claims; and information related to the NLRB is deleting the requirement that charged with the responsibility to above. ‘‘[W]herever feasible and consistent investigate, litigate, prosecute, enforce, with the responsibilities under the Act, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or implement a statute, rule, regulation, such information shall be furnished in 28 U.S.C. 2671 et seq.; 29 U.S.C. or order, where the record or depersonalized form, i.e., without 153(d), 154(a) and (b); 31 U.S.C. 3701 et information, by itself or in connection personal identifiers,’’ a requirement not seq. with other records or information, contained in OPM–GOVT–2 routine use indicates a violation or potential (e). Routine use 9 has been renumbered PURPOSE(S): violation of law, whether criminal, civil, 7 and 8. These records document the administrative, or regulatory in nature, 9. The manager, system location, and initiation, investigation, and disposition and whether arising by general statute, address of NLRB–4 has been changed of claims filed with the NLRB. or particular program statute, or by from ‘‘Library and Administrative ROUTINE USES OF RECORDS MAINTAINED IN THE regulation, rule, or order issued Services Branch’’ to ‘‘Director, Division SYSTEM, INCLUDING CATEGORIES OF USERS AND pursuant thereto. of Administration’’ and from ‘‘NLRB, THE PURPOSES OF SUCH USES: 5. A Member of Congress or to a 1717 Pennsylvania Avenue, NW, The records, or information contained Congressional staff member in response Washington, DC 20570–0001’’ to therein may be disclosed to: to an inquiry of the Congressional office ‘‘NLRB, 1099 14th Street, NW, 1. The Department of Justice for use made at the written request of the Washington, DC 20570–0001.’’ in litigation when either: (a) The NLRB constituent about whom the record is 10. References to 29 CFR 102.117 or any component thereof; (b) any maintained. citations in NLRB–4 have been changed employee of the NLRB in his or her 6. Individuals who need the to read as follows for the paragraphs in official capacity; (c) any employee of the information in connection with the Notification Procedures, 29 CFR NLRB in his or her individual capacity processing of an appeal, grievance, or 102.117(f); Records Access Procedures, where the Department of Justice has compliant. 29 CFR 102.117 (g) and (h); and agreed to represent the employee; or (d) 7. Officials of labor organizations Contesting Records Procedures, 29 CFR the United States Government where the recognized under 5 U.S.C. Chapter 71, 102.117(i). NLRB determines that litigation is likely when disclosure is not prohibited by A report of the proposal to revise this to affect the NLRB or any of its law; and the data is normally system of records was filed pursuant to components, is a party to litigation or maintained by the Agency in the regular 5 U.S.C. 552(r) with Congress and the has an interest in such litigation, and course of business and is reasonably Office of Management and Budget. the use of such records by the available and necessary for full and Dated: Washington, DC, December 3, 1999. Department of Justice is deemed by the proper discussion, understanding and By direction of the Board. NLRB to be relevant and necessary to negotiation of subjects within the scope John J. Toner, the litigation, provided that in each case of collective bargaining. The forgoing Executive Secretary. the Agency determines that disclosure shall have the identical meaning as 5 of the records to the Department of U.S.C. 7114(b)(4) as interpreted by the NLRB±4 Justice is a use of the information FLRA and the courts. contained in the records that is 8. An arbitrator to resolve disputes SYSTEM NAME: compatible with the purpose for which under a negotiated grievance arbitration Claim Records. the records were collected. procedure. SECURITY CLASSIFICATION: 2. A court, a magistrate, administrative tribunal, or other DISCLOSURE TO CONSUMER REPORTING None. adjudicatory body in the course of AGENCIES: SYSTEM LOCATION: presenting evidence or argument, None. Director, Division of Administration, including disclosure to opposing counsel or witness in the course of civil POLICIES AND PRACTICES FOR STORING, NLRB, 1099 14th Street, NW, RETRIEVING, ACCESSING, RETAINING, AND Washington, DC 20570–0001. discovery, litigation, or settlement DISPOSING OF RECORDS IN THE SYSTEM: negotiations, or in connection with CATEGORIES OF INDIVIDUALS COVERED BY THE criminal law proceedings, when: (a) The STORAGE: SYSTEM: NLRB or any component thereof; or (b) Maintained on forms, documents, and Individuals filing claims under the any employee of the NLRB in his or her other papers. Federal Tort Claims Act of 1946; the official capacity; (c) any employee of the Military Personnel and Civilian NLRB in his or her individual capacity, RETRIEVABILITY: Employees’ Claims Act of 1964; claims where the NLRB has agreed to represent Alphabetically by name.
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SAFEGUARDS: Place: National Science Foundation at Date: January 25, 2000, 8:30am- Maintained in a file cabinet within 4201 Wilson Blvd., Arlington, VA 5:00pm, Room 365. the office of the Director, Division of 22230, Rm. 390. Contact: Dr. Paul Werbos, Program Administration. During duty hours files Type of Meeting: Closed. Director, Control Networks, and are under the surveillance of personnel Contract Person: Greg Farber and Computational Intelligence (CNCI), charged with the custody of the records, Mary Jane Saunders, Program Director, Division of Electrical and and after duty hours are behind locked Biological Instrumentation and Communications Systems, National doors. Access is limited to personnel Instrument Development, National Science Foundation, 4201 Wilson Blvd., who have a need for access to perform Science Foundation, Rm. 615, 4201 Room 675, Arlington, VA 22230. their official functions. Wilson Boulevard, Arlington, VA 22230. Telephone: (703) 306–1339. Telephone: (703) 306–1472. RETENTION AND DISPOSAL: Type of Proposal: Control, Networks, Purpose of Meeting: To provide and Computational Intelligence. Claims reports involving pecuniary advice and recommendations liability are destroyed 10 years after the Place: National Science Foundation, concerning proposals submitted to NSF 4201 Wilson Blvd., Arlington, VA. close of the fiscal year in which final for financial support. action was taken. All other claims Agenda: To review and evaluate Type of Meetings: Closed. reports are destroyed 3 years after the proposals for acquisition of Biological Purpose of Meetings: To provide close of the fiscal year in which final Instrumentation and Instrument advice and recommendations action was taken. Development for the Multi-User concerning proposals submitted to NSF Equipment and Instrumentation for financial support. SYSTEM MANAGER(S) AND ADDRESS: Resources for Biological Sciences (MUE) Agenda: To review and evaluate Director, Division of Administration, Program as part of the selection process EPDT & CNCI proposals submitted to NLRB, 1099 14th Street, NW, for awards. the Division as part of the selection Washington, DC 20570–0001. Reason for Closing: The proposals process for awards. NOTIFICATION PROCEDURES: being reviewed include information of a Reason for Closing: The proposals An individual may inquire as to proprietary or confidential nature, being reviewed include information of a whether this system contains a record including technical information; proprietary or confidential nature, pertaining to him or her by directing a financial data, such as salaries; and including technical information; request to the System Manager in personal information concerning financial data, such as salaries, and accordance with the procedures set individuals associated with the personal information concerning forth in 29 CFR 102.117(f). proposals. These matters are exempt individuals associated with the under 5 U.S.C. 552b (c)(4) and (6) of the proposals. These matters are exempt RECORD ACCESS PROCEDURES: Government in the Sunshine Act. under 5 U.S.C. 552b(c), (4) and (6) of the An individual seeking to gain access Government in the Sunshine Act. Dated: December 9, 1999. to records in this system pertaining to Karen J. York, Dated: December 9, 1999. him or her should contact the System Karen J. York, Manager in accordance with the Committee Management Officer. Committee Management Officer. procedures set forth in 29 CFR 102.117 [FR Doc. 99–32300 Filed 12–13–99; 8:45 am] (g) and (h). BILLING CODE 7555±01±M [FR Doc. 99–32299 Filed 12–13–99; 8:45 am] BILLING CODE 7555±01±M CONTESTING RECORD PROCEDURES: An individual may request NATIONAL SCIENCE FOUNDATION amendment of a record pertaining to NATIONAL SCIENCE FOUNDATION such individual maintained in this Special Emphasis Panel in Electrical system by directing a request to the and Communications Systems; Notice Special Emphasis Panel in System Manager in accordance with the of Meetings Geosciences; Notice of Meeting procedures set forth in 29 CFR Name: This notice is being published In accordance with the Federal 102.117(i). in accord with the Federal Advisory Advisory Committee Act (Pub. L. 92– RECORD SOURCE CATEGORIES: Committee Act (Public Law 92–463, as 463, as amended), the National Science Claimants, investigators, and amended). During the period January 1 Foundation announces the following witnesses. through January 30, 2000, the Special meeting: Emphasis Panel will be holding [FR Doc. 99–32253 Filed 12–13–99; 8:45 am] Name: Special Emphasis Panel in meetings to review and evaluate Geosciences (1756). BILLING CODE 7545±01±M research proposals. The dates, contact Date and Time: January 10, 2000; 8:00 person, and types of proposals are as a.m.–5:00 p.m. follows: NATIONAL SCIENCE FOUNDATION Special Emphasis Panel in Electrical Place: Room 770, National Science Foundation, 4201 Wilson Boulevard, Advisory Panel for Biological and Communications Systems (1196). 1. Date: January 18–19, 2000, 8:30am- Arlington, VA 22230. Infrastructure: Notice of Meeting 5:00pm, Room 365. Type of Meeting: Closed. In accordance with the Federal Contact: Dr. James Mink, Program Contact Person: Dr. Michael Mayhew, Advisory Committee Act (Pub. L. 92– Director, Electronics, Photonics, and Program Director, Education and 463, as amended), the National Science Device Technologies (EPDT), Division of Human Resources Program, Division of Foundation announces the following Electrical and Communications Earth Sciences, Room 785, National meeting: Systems, National Science Foundation, Science Foundation, Arlington, VA Name and Committee Code: Advisory 4201 Wilson Blvd., Room 675, 22230, (703) 306–1557. Panel for Biological Infrastructure Arlington, VA 22230. Telephone: (703) Purpose of Meeting: To provide (#1215). 306–1339. advice and recommendations Date and Time: January 10–12, 2000, Type of Proposal: Electronics, concerning proposals submitted to NSF 8:30 a.m. to 5:00 p.m. Photonics, and Device Technologies. for financial support.
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Agenda: To review and evaluate NATIONAL SCIENCE FOUNDATION Atomic, Molecular and Optical Physics proposals submitted to the REU Panel, Program, (703) 306–1807. as part of the selection process for Special Emphasis Panel in Information Purpose of Meeting: To provide awards. and Intelligent Systems; Notice of advice and recommendations Reason for Closing: The proposals Meeting concerning proposals submitted to the being reviewed include information of a Physics Division—Atomic, Molecular In accordance with the Federal proprietary or confidential nature, and Optical Physics Program at NSF for Advisory Committee Act (Pub. L. 92– including technical information; financial support. 463, as amended), the National Science financial data, such as salaries; and Agenda: To review and evaluate Foundation announces the following personal information concerning proposals as part of the selection meeting. individuals associated with proposals. process for awards. Name: Special Emphasis Panel in These matters are exempt under 5 Reason for Closing: The proposals Information and Intelligent Systems U.S.C. 552b(c), (4) and (6) of the being reviewed include information of a Government in the Sunshine Act. (1200). Date and Time: January 27–28, 2000; proprietary or confidential nature, Dated: December 9, 1999. 8:30 a.m.–5:00 p.m. including technical information; Karen J. York, Place: Holiday Inn, 4610 North information on personnel and Committee Management Officer. Fairfax Drive, Arlington, VA 22203. proprietary date for present and future [FR Doc. 99–32302 Filed 12–13–99 8:45 am] Type of Meeting: Closed. subcontracts. These matters are exempt BILLING CODE 7555±01±M Contact Person: Dr. Ephraim Glinert, under 5 U.S.C. 552b(c)(4) and (6) of the Acting Division Director, National Government in the Sunshine Act. Science Foundation, 4201 Wilson Dated: December 9, 1999. NATIONAL SCIENCE FOUNDATION Boulevard, Arlington, VA 22230, (703) Karen J. York, Special Emphasis Panel in Information 306–1926. Committee Management Officer. and Intelligent Systems; Notice of Purpose of Meeting: To provide [FR Doc. 99–32301 Filed 12–13–99; 8:45 am] advice and recommendations Meeting BILLING CODE 7555±01±M concerning proposals submitted to NSF In accordance with the Federal for financial support. Advisory Committee Act (Pub. L. 92– Agenda: To review and evaluate NATIONAL SCIENCE FOUNDATION 463, as amended), the National Science Robotics and Human Augmentation Foundation announces the following Program VISION proposals as part of the National Science Board Delegation of meeting. selection process for awards. Authority Name: Special Emphasis Panel in Reason for Closing: The proposals Information and Intelligent Systems being reviewed include information of a AGENCY: National Science Foundation. (1200). proprietary or confidential nature, ACTION: Notice. Date and Time: January 20–21, 2000, including technical information, SUMMARY: As authorized by Sec. 5(e)(2) 8:30 a.m.–5:00 p.m. financial data, such as salaries; and of the National Science Foundation Act Place: Hilton Arlington & Towers, 950 personal information concerning of 1950, as amended, the National North Stafford Street, Arlington, VA individuals associated with the Science Board remakes its delegation of 22203. proposals. These matters are exempt authority to the National Science Type of Meeting: Closed. under 5 U.S.C. 552b(c) (4) and (6) of the Contact Person: Dr. Ephraim Glinert, Foundation Director to review, approve Government in the Sunshine Act. Acting Division Director, National and take final action on grants, Science Foundation, 4201 Wilson Dated: December 9, 1999. contracts, or other arrangements. Boulevard, Arlington, VA 22230, (703) Karen J. York, DATES: Approved November 18, 1999. 306–1926. Committee Management Officer. ADDRESSES: National Science Board, Purpose of Meeting: To provide [FR Doc. 99–32298 Filed 12–13–99; 8:45 am] National Science Foundation, 4201 advice and recommendations BILLING CODE 7555±01±M Wilson Boulevard, Room 1225, concerning proposals submitted to NSF Arlington, Virginia, 22207. for financial support. Agenda: To review and evaluate NATIONAL SCIENCE FOUNDATION FOR FURTHER INFORMATION CONTACT: Dr. Robotics and Human Augmentation Marta Cehelsky, Executive Officer, NSB, Program ROBOTICS proposals as part of Special Emphasis Panel in Physics; (703) 306–2000. the selection process for awards. Notice of Meeting SUPPLEMENTARY INFORMATION: None. Reason for Closing: The proposals Dated: December 2, 1999. being reviewed include information of a In accordance with the Federal Marta Cehelsky, proprietary or confidential nature, Advisory Committee Act (Pub. L. 92– including technical information, 463, as amended), the National Science Executive Officer. financial data, such as salaries; and Foundation announces the following [FR Doc. 99–32362 Filed 12–13–99; 8:45 am] personal information concerning meeting. BILLING CODE 7555±01±M individuals associated with the Name: Special Emphasis Panel in proposals. These matters are exempt Physics (1208). Date and Time: January 13–15, 2000; under 5 U.S.C. 552b(c) (4) and (6) of the NATIONAL TRANSPORTATION 8:30 a.m.–5:00 p.m. Government in the Sunshine Act. SAFETY BOARD Place: National Science Foundation, Dated: December 9, 1999. 4201 Wilson Boulevard, Room 1020, Sunshine Act Meeting Karen J. York, Arlington, VA 22230. Committee Management Officer. Type of Meeting: Closed. ``FEDERAL REGISTER'' CITATION OF [FR Doc. 99–32297 Filed 12–13–99; 8:45 am] Contact Person: Dr. C. Denise PREVIOUS ANNOUNCEMENT: Vol. 64, No. BILLING CODE 7555±01±M Caldwell, Program Director, MPS/PHY/ 234/Tuesday, December 7, 1999.
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PREVIOUSLY ANNOUNCED TIME AND DATE: The Need for the Proposed Action be no significant economic impact on 9:30 a.m., Tuesday, December 14, 1999. ZNPS was shut down permanently in the surrounding community in the event CHANGE IN MEETING: A majority of the February 1997. ComEd certified the of an accident. Board Members determined by recorded permanent shutdown on February 13, Accordingly, the Commission vote to cancel the December 14, 1999 1998, and, on March 9, 1998, certified concludes that there are no significant Board meeting that was to consider the that all fuel had been removed from the environmental impacts associated with following items: reactor vessels. In accordance with 10 the proposed action. 7216: Highway Accident Report: CFR 50.82(a)(2), upon docketing of the Alternatives to the Proposed Action Greyhound Motorcoach Run-Off-the- certifications, the facility operating Road Accident, Burnt Cabins, license no longer authorizes ComEd to As an alternative to the proposed Pennsylvania, June 20, 1998 operate the reactor or to load fuel into action, the staff considered denial of the 7217: Proposed Safety the reactor vessel. In this permanently proposed action (i.e., the ‘‘no-action’’ Recommendation: Regarding the Use shutdown condition, the facility poses a alternative). Denial of the application of Medication when Operating reduced risk to public health and safety. would result in no change in current Vehicles Because of this reduced risk, full environmental impacts. The 7127: Opinion and Order: Administrator compliance with all the requirements in environmental impacts of the proposed v. Kraft, Docket SE–15152, disposition 10 CFR 50.54(w) and 10 CFR 140.11 is action and the alternative action are of the Administrator’s appeal no longer necessary. The requested similar. FOR FURTHER INFORMATION CONTACT: exemptions from portions of 10 CFR Alternative Use of Resources Rhonda Underwood, (202) 314–6065. 50.54(w) and 10 CFR 140.11 are needed This action does not involve the use Dated: December 10, 1999. to allow a reduction in the insurance of resources not previously considered Rhonda Underwood, coverage to a level that is appropriate in the Final Environmental Statement for ZNPS in its permanently shutdown Federal Register Liaison Officer. for the Zion Nuclear Power Station, and defueled condition. [FR Doc. 99–32524 Filed 12–10–99; 3:18 pm] Units 1 and 2, dated December 1972. BILLING CODE 7533±01±M Environmental Impact of the Proposed Agencies and Persons Consulted Action The NRC has completed its evaluation In accordance with its stated policy, NUCLEAR REGULATORY of the proposed action and concludes on November 23, 1999, the staff COMMISSION that since the exemption only involves consulted with the Illinois State changes to indemnity insurance, the officials, Mr. Gary Wright and Mr. Neill Commonwealth Edison Co.; Zion Howey, of the Illinois Department of Nuclear Power Station, Units 1 and 2; proposed action will not increase the probability or consequences of Nuclear Safety (IDNS) regarding the Environmental Assessment and environmental impact of the proposed Finding of No Significant Impact accidents, no changes are being made in the types of effluents that may be action. The State official had no [Docket Nos. 50±295 and 50±304] released off site, and there is no comments. The U.S. Nuclear Regulatory significant increase in occupational or Finding of No Significant Impact Commission (the Commission) is public radiation exposure. Therefore, On the basis of the environmental considering issuance of an exemption there are no significant radiological assessment, the Commission concludes from certain requirements of its environmental impacts associated with that the proposed action will not have regulations for Facility Operating the proposed action. a significant effect on the quality of the License Nos. DPR–39 and DPR–48, With regard to potential non- human environment. Accordingly, the issued to Commonwealth Edison radiological impacts, the proposed Commission has determined not to Company (ComEd or the licensee) for action does not involve any historic prepare an environmental impact the Zion Nuclear Power Station (ZNPS) sites. It does not affect non-radiological statement for the proposed action. Units 1 and 2, located in Lake County, plant effluents and has no other Illinois. environmental impact. Therefore, there For further details with respect to the proposed action, see the licensee’s letter Environmental Assessment are no significant non-radiological environmental impacts associated with dated July 30, 1999, which is available Identification of the Proposed Action the proposed action. for public inspection at the The only potential environmental Commission’s Public Document Room, The proposed exemption would The Gelman Building, 2120 L Street, exempt ZNPS, because of its impacts associated with the proposed action would be economic in nature in NW, Washington, DC. Publicly available permanently shutdown and defueled records will be accessible electronically status, from certain requirements of 10 the event of an accident, if insurance coverage is not sufficient. The NRC staff from the ADAMS Public Library CFR 50.54(w) regarding the amount of component on the NRC Web site, http:/ onsite property insurance required and determined in SECY–96–256, ‘‘Changes to the Financial Protection /www.nrc.gov (the Electronic Reading from the requirements of 10 CFR 140.11 Room). regarding the amount of offsite liability Requirements for Permanently insurance required. Specifically, the Shutdown Nuclear Power Reactors, 10 Dated at Rockville, Maryland, this 8th day exemption would allow the licensee to CFR 50.54(w) and 10 CFR 140.11,’’ that of December 1999. reduce onsite insurance coverage to $50 $50 million in on-site coverage and For the Nuclear Regulatory Commission. million, offsite coverage to $100 million, $100 million in offsite coverage is Dino C. Scaletti, and withdraw from participation in the sufficient for the most limiting accident Project Manager, Decommissioning Section, secondary insurance pool based on the associated with a permanently Project Directorate IV & Decommissioning permanently defueled status of ZNPS. shutdown defueled plant. Therefore, Division of Licensing Project Management, The proposed action is in accordance given that the proposed action conforms Office of Nuclear Reactor Regulation. with the licensee’s application for to the dollar amounts of SECY–96–256, [FR Doc. 99–32309 Filed 12–13–99; 8:45 am] exemption dated October 22, 1999. the staff has concluded that there would BILLING CODE 7590±01±P
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NUCLEAR REGULATORY exposure. Therefore, there are no Dated at Rockville, Maryland, this 8th day COMMISSION significant radiological environmental of December 1999. impacts associated with the proposed For the Nuclear Regulatory Commission DOCKET NO. 50±320 action. John L. Minns, GPU Nuclear, Inc., et al; Three Mile With regard to potential Project Manager, Decommissioning Section, Island Nuclear Station, Unit 2, nonradiological impacts, the proposed Project Directorate IV & Decommissioning Environmental Assessment and action does not involve any historic Division of Licensing Project Management, Office of Nuclear Reactor Regulation. Finding of No Significant Impact sites, does not affect nonradiological plant effluents, and has no other [FR Doc. 99–32310 Filed 12–13–99; 8:45 am] The U.S. Nuclear Regulatory environmental impact. Therefore, there BILLING CODE 7590±01±P Commission (NRC) is considering are no significant, nonradiological issuance of an amendment to Possession environmental impacts associated with Only License No. DPR–73, issued to the proposed action. NUCLEAR REGULATORY GPU Nuclear, Inc. (the licensee), for the Accordingly, the NRC concludes that COMMISSION Three Mile Island Nuclear Station, Unit there are no significant environmental 2 (TMI–2), located in Dauphin County, impacts associated with the proposed Sunshine Act Meeting action. Pennsylvania. AGENCY HOLDING THE MEETING: Nuclear Environmental Assessment Alternatives to the Proposed Action Regulatory Commission. Identification of the Proposed Action As an alternative to the proposed DATE: Wednesday, December 15, 1999. action, the staff considered denial of the PLACE: Commissioners’ Conference The proposed action would add a proposed action (i.e., the ‘‘no-action’’ statement to existing License Condition Room, 11555 Rockville Pike, Rockville, alternative). Denial of the application Maryland. 2.B.(5) to ensure that the storage of would result in no change in current certain radioactive materials at TMI–2 environmental impacts. The STATUS: Public and Closed. from the co-located Three Mile Island, environmental impacts of the proposed MATTERS TO BE CONSIDERED: Unit 1, as authorized under the Unit 1 action and the alternative actions are Wednesday, December 15 license, does not result in a source term similar. that, if released, would exceed that 9:25 a.m. previously analyzed in the Post- Alternative Use of Resources Affirmation Session (Public Meeting) a: Defueling Monitored Storage Safety This action does not involve the use Final Rule—AP600 Design Certification Analysis Report for TMI–2. of any resources not previously (Tentative) (Contact: Ken Hart, 301–415– The proposed action is in accordance 1659) considered in the Final Environmental 9:30 a.m. with the licensee’s application for Statement for the Three Mile Island Meeting with Advisory Committee on amendment dated June 29, 1999, as Nuclear Station, Unit 2. Nuclear Waste (ACNW) (Public Meeting) supplemented by letters dated August Agencies and Persons Consulted (Contact: Dr. John Larkins, 301–415– 27, October 29, and November 3, 1999. 7360) In accordance with its stated policy, The Need for the Proposed Action on October 20, 1999, the staff consulted *The schedule for Commission The proposed action is needed to with the Pennsylvania State official, meetings is subject to change on short ensure that activities conducted under Stan Maingi of the Pennsylvania Bureau notice. To verify the status of meetings authorization of the TMI–1 license, of Radiation Protection, regarding the call (recording)—(301) 415–1292. which permits the movement to and environmental impact of the proposed CONTACT PERSON FOR MORE INFORMATION: storage at TMI–2 of certain radioactive action. The State official had no Bill Hill (301) 415–1661. materials, do not contravene the existing comments. The NRC Commission Meeting restrictions applicable to TMI–2. Finding of No Significant Impact Schedule can be found on the Internet Environmental Impacts of the Proposed at http://www.nrc.gov/SECY/smj/ On the basis of the environmental schedule.htm. Action assessment, the NRC concludes that the This notice is distributed by mail to The NRC has completed its evaluation proposed action will not have a several hundred subscribers, if you no of the proposed action and concludes significant effect on the quality of the longer wish to receive it, or would like that the proposed action effectively human environment. Accordingly, the to be added to it, please contact the places appropriate limits on the NRC has determined not to prepare an Office of the Secretary, Attn: Operations radioactive materials that may be environmental impact statement for the Branch, Washington, D.C. 20555 (301– possessed by the TMI–1 licensee at proposed action. 415–1661). In addition, distribution of TMI–2, and, further, has determined For further details with respect to the this meeting notice over the Internet that the source term from any accident proposed action, see the licensee’s letter system is available. If you are interested involving radioactive material at TMI–2 dated June 29, 1999, as supplemented in receiving this Commission meeting under the TMI–1 license would be by letters dated August 27, October 29, schedule electronically, please send an within that assumed in the Post and November 3, 1999, which are electronic message to [email protected] or Defueling Monitored Storage Safety available for public inspection at the [email protected]. Analysis Report for TMI–2. Commission’s Public Document Room, The proposed action will not The Gelman Building, 2120 L Street, Dated: December 8, 1999. significantly increase the probability or NW., Washington, DC. Publically William M. Hill, Jr., consequences of accidents, no changes available records will be accessible SECY Tracking Officer, Office of the are being made in the types of any electronically from the ADAMS Public Secretary. effluents that may be released off site, Library component on the NRC Web [FR Doc. 99–32478 Filed 12–10–99; 12:52 and there is no significant increase in site, http://www.nrc.gov (the Electronic pm] occupational or public radiation Reading Room). BILLING CODE 7590±01±M
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SECURITIES AND EXCHANGE of the of the dealer.5 A dealer would be contribution information is the date of COMMISSION required to include within its the consultant’s communication with Consultant Agreement a statement that the issuer to obtain municipal securities [Release No. 34±42205; File No. SR±MSRB± the consultant agrees to provide the business on behalf of the dealer. 98±08] dealer each calendar quarter with a With respect to the collection of listing of reportable political contribution and payment information, Self-Regulatory Organizations; contributions to an official(s) of an the proposed rule change contains a six- Municipal Securities Rulemaking issuer and reportable contributions to month ‘‘look-back’’ provision, as well as Board; Order Granting Approval to political parties of states and political a six-month ‘‘look-forward’’ provision Proposed Rule Change Relating to subdivisions during such quarter, or a from the date of communication with an Rule G±38, on Consultants, Rule G±37, report that no reportable political issuer. Thus, a consultant must disclose Political Contributions and contributions or reportable political to the dealer the contributions and Prohibitions on Municipal Securities party contributions were made, as payments made by the consultant Business, Rule G±8, on Books and appropriate.6 during the six months prior to the date Records, and Revisions to the The proposed rule change would of the consultant’s communication with Attachment Page to Form G±37/G±38 require a dealer to obtain information the issuer.8 So too, if the consultant’s from its consultants about the communication with an issuer December 7, 1999. contributions made to issuer officials continues, any reportable contributions I. Introduction only if the consultant has had direct or and payments would be required to be indirect communication with such disclosed. Once communication ceases, On June 16, 1998, the Municipal issuer to obtain municipal securities the consultant still must disclose to the Securities Rulemaking Board (‘‘Board’’ business on behalf of the dealer.7 The dealer contribution and payment or ‘‘MSRB’’) submitted to the Securities political party payments required to be information for six months.9 The and Exchange Commission reported are limited to those made to proposed rule change would require (‘‘Commission’’ or ‘‘SEC’’), pursuant to political parties of states and political dealers to keep records under Rule G– section 19(b)(1) of the Securities subdivisions that operate within the 8 of all reportable political contributions Exchange Act of 1934 (‘‘Act’’) 1 and Rule geographic area of the issuer with whom and all reportable political party 19b–4 thereunder,2 a proposed rule the consultant communicates on behalf payments. change that requires brokers, dealers, or of the dealer (e.g., city, county and state A dealer’s requirement to collect municipal securities dealers (‘‘dealers’’) parties). The date that establishes the contribution and payment information to obtain from their consultants obligation for the collection of from its consultants ends when a information on the consultants’ political Consultant Agreement has been contributions and payment to state and 10 5 A ‘‘consultant’’ in Rule G–38 can refer to an terminated. Of course, dealers should local political parties and to report such individual or a company (e.g., a bank affiliated with not attempt to avoid the requirements of information to the Board on Form G–37/ a bank dealer). For example, if an individual is a Rule G–38 by terminating a consultant G–38. On August 26, 1999, the Board consultant, this individual would report to the relationship after directing or soliciting filed Amendment No. 1 which replaced dealer only his or her contributions and payments and the contributions of any PAC controlled by the consultant to make a political and superseded the proposed rule such individual. If the consultant is a company, the contribution to an issuer official after 3 change. company would report its contributions and termination. Rule G–37(d) prohibits a The proposed rule change was payments to the dealer, as well as those made by any partner, director, officer or employee of the dealer from doing any act indirectly published for comment in the Federal which would result in a violation of 4 consultant who communicates with issuers to Register on October 12, 1999. The obtain municipal securities business on behalf of Rule G–37 if done directly by the dealer. Commission received one comment the dealer, and any PAC controlled by the Thus, a dealer may violate Rule G–37 by letter regarding the proposed rule consultant or any partner, director, officer or engaging in municipal securities change. employee of the consultant who communicates with issuers to obtain municipal securities business business with an issuer after directing or II. Description of the Proposed Rule on behalf of the dealer. soliciting any person to make a Change 6 The de minimis exception for contributions to contribution to an official of the issuer. official(s) of an issuer provides that a consultant The proposed rule change would The proposed rule change would need not provide to a dealer information about require that the information obtained by require a dealer to receive and report contributions made by any partner, director, officer or employee of the consultant who communicates dealers concerning their consultants’ certain contribution and payment with issuers to obtain municipal securities business contributions and payments be information from: the consultant; any on behalf of the dealer to any official of an issuer submitted by dealers to the Board on partner, director, officer or employee of for whom such individual is entitled to vote if such Form G–37/G–28.11 The proposed rule the consultant who communicates with individual’s contributions, in total, are not in excess of $250 to each official of such issuer, per election. change would require dealers to an issuer to obtain municipal securities Similarly, the de minimis exception for payments disclose on the attachment sheet for business on behalf of the dealer; and, provides that a consultant need not provide to a each consultant used by the dealer the any PAC controlled by the consultant or dealer information about payments to political parties of a state or political subdivision made by any partner, director, officer or 8 any partner, director, officer or employee of the Such contributions and payments become employee of the consultant who consultant who communicates with issuers to reportable in the calendar quarter in which the communicates with issuers to obtain obtain municipal securities business on behalf of consultant first communicates with the issuer. municipal securities business on behalf the dealer who is entitled to vote in such state or 9 Contributions and payments made political subdivision if the payments by the simultaneously with or after the consultant’s first individual, in total, are not in excess of $250 per communication with the issuer are reportable in the 1 15 U.S.C. 78s(b)(1). political party, per year. calendar quarter in which they are made. 2 17 CFR 240.19b–4. 7 A dealer must disclose contributions with 10 A dealer that terminates a Consultant 3 See letter to Katherine A. England, Assistant respect to those issuers from which a consultant is Agreement would of course be obligated to obtain Director, Division of Market Regulation, SEC, from seeking municipal securities business on behalf of information regarding contributions and payments Ronald W. Smith, Senior Legal Associate, MSRB, the dealer, regardless of whether contributions are made up to the date of termination. dated August 26, 1999. going to and communications are occurring with 11 The proposed rule change also requires dealers 4 Securities Exchange Act Release No. 41975 the same or different personnel within that to report the consultant’s business address on Form (October 4, 1999), 64 FR 55326. particular issuer. G–37/G–38.
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When completing the is required to send Form G–37/G–38 to circumstances evidence of ‘‘reasonable form, a dealer must disclose, in addition the Board with respect to the next efforts’’ even though the specific to the other required information, the succeeding calendar quarter, such requirements presented in the proposed calendar quarter and year of any termination to be effective upon the date rule change have not been satisfied. reportable political contributions and the dealer must send its Form G–37/G– The Commission disagrees with reportable political party payments that 38 to the Board, and (b) the dealer may TBMA’s suggested modification of the were made prior to the calendar quarter not make any further payments to the ‘‘reasonable efforts’’ provision. The of the form being completed (e.g., consultant, including payments owed Commission believes an interpretation contributions and payments made in a for services performed prior to the date of this provision which focuses prior quarter that are reportable as a of termination, as of the date of such primarily on facts and circumstances result of the six-month look-back). termination; and evidence could lead to irregular Reportable ‘‘look-back’’ contributions (4) Enforce the Consultant Agreement compliance and inconsistent and payments also must be disclosed on provisions described above in a full and enforcement of the rules. The the Form G–37/G–38 for the quarters in timely manner and indicate the reason Commission recognizes that, ultimately, which the consultant has communicated for and date of the termination on its the responsibility for disclosure with an issuer to obtain municipal Form G–37/G–38 for the applicable reporting lies with the dealers. The securities business on behalf of a dealer. quarter. Commission notes, however, that these Once a contribution or payment has The failure by a dealer to include the dealers benefit from their relationships been disclosed on a report, a dealer termination and non-payment with and the activities of their should not continue to disclose that provisions in a Consultant Agreement or consultants. Thus, the burden should be particular contribution or payment on to enforce any such provisions that may on the dealers to ensure that their subsequent reports. The attachment be contained in the Consultant consultants provide the requisite page to Form G–37/G/38 also has been Agreement, would not, in and of itself, information in the time specified by the revised to require dealers to separately constitute a violation of Rule G–38 but rules. Therefore, the Commission identify all of the municipal securities would instead preclude the dealer from supports the proposed rule change, as business obtained or retained by the invoking the reasonable efforts amended, because it removes the consultant for the dealer.12 provision as a defense against a possible possibility of collusion between dealers The proposed rule change includes a violation for failing to disclose and consultants and requires dealers to ‘‘reasonable efforts’’ provision that consultant contribution information, act affirmatively to ensure that the allows dealers to rely in good faith on which the consultant may have required information is disclosed. information received from their withheld from the dealer. IV. Discussion consultants regarding contributions and Finally, the proposed rule change payments. The reasonable efforts contains a clarifying amendment to Rule After careful review, the Commission provision states that a dealer will not G–38(b)(i)(B), and a technical finds that the proposed rule change is violate Rule G–38 if the dealer fails to amendment to Rule G–37(e)(I)(D) to consistent with the requirements of the Act and the rules and regulations receive from its consultant all required conform to the amendments to Rule G– thereunder.14 In particular, the contribution and payment information 38. and thus fails to report the information Commission believes the proposed rule to the Board if the dealer can III. Summary of Comments change in consistent with the demonstrate that it used reasonable The Commission received one requirements of Section 15B(b)(2)(C) of 15 efforts in attempting to obtain the comment letter from the Bond Market the Act because the proposed rule necessary information. However, to Association (‘‘TBMA’’),13 generally change is designed to prevent avail itself of the reasonable efforts opposing the proposed rule change but fraudulent and manipulative acts and provision, a dealer must: supporting the ‘‘reasonable efforts’’ practices, to promote just and equitable (1) State in its Consultant Agreement provision. In its letter, TBMA principles of trade, to foster cooperation that Board rules require disclosure of questioned the need for an additional and coordination with persons engaged consultant contributions and payment; layer of regulatory bureaucracy under in regulating, clearing, settling, (2) Send quarterly reminders to the proposed changes to Rule G–38, processing information with respect to, consultants of the deadline for their arguing that Rule G–37 already prohibits and facilitating transactions in, submissions to the dealer of the use of consultants, as a conduit, to municipal securities, to remove contribution information; make contributions that are impediments to and perfect the mechanism of a free and open market in (3) Include language in the Consultant inappropriate payments to secure municipal securities, and, in general, to Agreement to the effect that: (a) the municipal business. For the same protect investors and the public interest. Consultant Agreement will be reason, TBMA also stated that the The Commission believes the proposed terminated if, for any calendar quarter, proposed rule change unduly interferes rule change is consistent with the Act the consultant fails to provide the dealer with commercial contractual because the public will be able to with information about its reportable arrangements and is an example of monitor whether there is a connection excessive regulatory micromanagement. 12 The existing version of the form requires dealers to list only the municipal securities If the proposed rule change is adopted, 14 In reviewing this proposed rule change, the business obtained or retained by the consultant in Commission has considered the proposed rule’s which the consultant was paid a specific dollar 13 See letter from Paul Saltzman, Executive Vice impact on efficiency, competition, and capital amount for the particular municipal securities President and General Counsel, TBMA, to Jonathan formation. 15 U.S.C. 78f(b)(7). business. Katz, Secretary, SEC, dated November 5, 1999. 15 15 U.S.C. 78o–4(b)(2)(C).
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69810 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices between contributions given to an issuer state and local political parties made by reasonable. Under the proposed rule by consultants and the business they their consultants.16 change, a dealer has in excess of two obtained for the dealers that hired them. The date that establishes the calendar quarters (i.e., no later than the the Commission notes that Rule G–38 obligation for the collection of date by which the dealer is required to requires that dealers record and report contribution information is the date of send Form G–37/G–38 to the Board with certain information about their the consultant’s communication with respect to the next succeeding calendar consultants every quarter; the the issuer to obtain municipal securities quarter) to report this information. If a amendments merely add items of business on behalf of the dealer. The dealer fails to report this information by information that must be recorded and proposed rule change provides for a six- the end of this extended period, then reported. While the additional month look-back and a six-month look- the dealer must terminate the information may be a burden on dealers, forward reporting provision from this Consultant Agreement. the Commission believes it is important date of communication with an issuer.17 The Commission carefully considered that dealers obtain and report the The Commission finds these provisions the concerns expressed by TBMA in its information so that consultants’ are necessary to ensure that this letter opposing the amendment. The political contributions can be reviewed information is provided for a minimum Commission was not persuaded by to determine whether these period of one-year, absent termination TBMA’s contention that Rule G–37 contributions influenced the awarding of a Consultant Agreement, about any already addresses the concerns for of municipal securities business. consultant contributions to officials of which the proposed rule change is Accordingly, to establish a complete an issuer with whom the consultant designed. As previously discussed, the record of information, the Commission communicated on behalf of a dealer to Commission believes that the reporting finds it reasonable that the proposed obtain municipal securities business. requirements outlined in the proposed rule change requires dealers to receive This requirement also should help to rule change, which make it possible to quarterly reports from their consultants identify any situations in which review consultants’ political listing all reportable contributions, contributions could have influenced the contributions, are an important stating that the consultants made no awarding of municipal securities mechanism for preventing fraudulent reportable contributions, or disclosing business. and manipulative acts and practices. that the consultants failed to provide a The Commission also finds that the Moreover, the Commission believes that report to their dealer. ‘‘reasonable efforts’’ provision is the proposed limitations on the The proposed rule change also consistent with the Act. The provision ‘‘reasonable efforts’’ defense are mandates that dealers include a allows a dealer to rely in good faith on necessary to ensure that dealers exercise statement in their Consultant information received from its diligence in monitoring the disclosure Agreements describing this quarterly consultants regarding contributions and and receipt of reportable information. reporting requirement so the consultant payments if the dealer: (1) Demonstrates Moreover, the Commission believes is informed of his reporting that it used reasonable efforts in two calendar quarters constitute an responsibilities. The Commission attempting to obtain the necessary appropriate and reasonable time period believes that if it should be determined information; (2) follows certain for a dealer to comply with the reporting later that a consultant did in fact make disclosure requirements regarding the requirements. Two calendar quarters a reportable contribution after reporting Consultant Agreement; and (3) should provide a diligent dealer with that no reportable contributions were terminates the Consultant Agreement if enough time to gather and report the made, the dealer will have a record to the information is not provided by the information currently required by the demonstrate that the consultant hid the second calendar quarter. These Board’s rules as well as the information contribution information from the requirements should help ensure that all required by the proposed rule change. dealer. required information on contributions is Accordingly, the Commission believes Additionally, the Commission obtained from the consultants. The that a facts and circumstance review, as believes that the proposed rule change Commission believes that these suggested by TBMA, is unnecessary is a measured response to the Act’s requirements emphasize the Board’s because of the extended reporting requirement to prevent fraudulent and stated intention that a dealer should period provided by the proposed rule manipulative acts and practices. The vigorously enforce its contract with a change. Furthermore, the Commission proposed rule change does not require consultant if the dealer becomes aware believes such a review is antithetical to a dealer to obtain information about all that the consultant is not providing it the purpose of the proposed rule change political contributions made by its with materially complete or accurate which is to encourage accurate and consultants. A dealer must obtain information concerning contributions timely reporting by dealers. Indeed, the information from its consultants about on a timely basis. Moreover, the Commission believes that a facts and the contributions made to issuer Commission finds the proposed time circumstance review in combination officials only if the consultant has period for reporting a consultant’s with the ‘‘reasonable efforts’’ provision communicated directly or indirectly contribution and payment information, would permit dealers to circumvent the with the issuer to obtain municipal or lack thereof, is appropriate and rule, rather than encourage timely and securities business on behalf of the thorough reporting by them. dealer. The political party payments 16 The Commission notes that the proposed rule The proposed rule change provides required to be reported are limited to change does not prohibit political contributions or that the reporting information is sent to those made to political parties of states payments to political parties. Contributions and the Board which then posts the Forms and political subdivisions that operate payments are allowed within the de minimis G–37/G–38 on its web site. This exemption. the Commission also notes that the within the geographic area of the issuer proposed rule change does not prevent dealers or requirement includes those instances in with whom the consultant their employees from demonstrating support for which a Consultant Agreement has been communicates on behalf of the dealer. local and state officials in other ways, such as terminated because the consultant did Furthermore, the proposed rule change volunteer political campaign activity. See Securities not provide the required information Exchange Act Release No. 33868 (April 7, 1994), 59 only requires dealers to record and FR 17621 (April 13, 1994). concerning contributions made. The report information about certain 17 The dealer’s reporting requirement ends when Commission finds that this procedure is political contributions and payments to a Consultant Agreement is terminated. consistent with the Act because it
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00130 Fmt 4703 Sfmt 4700 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69811 allows the public to access and monitor III below, which Items have been staff via telephone, describe the type of the information disclosed by prepared by Nasdaq. The Commission is customized report desired, and arrange consultants thereby removing publishing this notice to solicit for an appropriate billing and delivery impediments to and perfecting the comments on the proposed rule change method before having the Nasdaq staff mechanism of a free and open market in from interested persons. member compile the report. Charges for municipal securities. these reports were based on hourly rates I. Self-Regulatory Organization’s relative to the time required for Date of Effectiveness Statement of the Terms of Substance of compilation and delivery of the reports. As requested by the Board, the the Proposed Rule Change Nasdaq believes the system was an proposed rule change will become Nasdaq proposes to amend NASD inefficient and time consuming effective on April 1, 2000, beginning Rule 7010 to establish a fee for historical arrangement that was both burdensome with the reports for the second quarter research and administrative reports to Nasdaq and an impediment to the of 2000 (i.e., reports required to be sent provided through Nasdaq’s web sites. accessibility of the information for the to the Board by July 31, 2000). Dealers Below is the text of the proposed rule investor. will be required to disclose their change. Proposed new language is in As the number of individual investors consultants’ reportable political italics. in today’s market directing their own contributions and reportable political Rule 7010 System Services investment decisions has increased party payments for the second quarter of (a)–(p) No changes significantly, the volume of requests for 2000 and include, pursuant to the six- (q) Historical Research and this information also has increased. To month look-back, reportable political Administrative Reports alleviate the demand upon staff contributions and reportable political The charge to be paid by the resources and increase the quality, party payments since October 1, 1999, purchaser of separate Historical speed and availability of the where appropriate. Research and Administrative Reports, information, Nasdaq has developed an shall be as follows: automated request and delivery system V. Conclusion (1) Daily Detailed Reports—$7 per that will facilitate the delivery of these It is therefore ordered, pursuant to day, per security and/or market reports in a timely and systematic Section 19(b)(2) of the Act,18 that the participant for reports containing 15 manner at a fixed price, based on a proposed rule change (SR–MSRB–98– fields or less. $15 per day, per security standardized pricing methodology. 08), as amended, is approved. and/or market participant for reports Investors will be able to access the For the Commission, by the Division of exceeding 15 fields. reports through the Internet on the Market Regulation, pursuant to delegated (2) Summary Level Activity Reports— NasdaqTrader.com (for Nasdaq issues) 19 authority. $25 per report. and OTCBB.com (for OTCBB and other Jonathan G. Katz, (3) Administrative Reports—$25 per OTC issues) web sites (or their successor Secretary. user, per month. sites), by directing an Internet browser [FR Doc. 99–32271 Filed 12–13–99; 8:45 am] *** to the appropriate web site. Once at the BILLING CODE 8010±01±M proper location within the web site, II. Self-Regulatory Organization’s investors would choose from a list of Statement of the Purpose of, and standardized reports, input the SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule necessary information pertaining to the COMMISSION Change desired security or market participant, In its filing with the Commission, and provide credit card information for [Release No. 34±42207; File No. SR±NASD± 3 99±70] Nasdaq included statements concerning payment. Once completed, the report the purpose of and basis for the would be sent via e-mail directly to the Self-Regulatory Organizations; Notice proposed rule change and discussed any investor. of Filing of a Proposed Rule Change by comments it received on the proposed Nasdaq proposes to provide historical the National Association of Securities rule change. The text of these statements research reports that fall into two Dealers, Inc. To Establish a Fee for may be examined at the places specified categories: ‘‘Daily Detailed Reports’’ and Historical Research and Administrative in Item IV below. Nasdaq has prepared ‘‘Summary Level Activity Reports.’’ Reports Provided Through Nasdaq's summaries, set forth in sections A, B, Examples of Daily Detailed Reports Web Sites and C below, of the most significant include a Market Maker Price aspects of such statements. Movement Report (displays all market December 8, 1999. maker quote changes and the best bid Pursuant to Section 19(b)(1) of the A. Self-Regulatory Organization’s and offer throughout a chosen day for a Securities Exchange Act of 1934 Statement of the Purpose of, and selected security), and a Time and Sales (‘‘Act’’),1 and Rule 19b-4 thereunder,2 Statutory Basis for, the Proposed Rule Report (provides a record of media- notice is hereby given that on November Change reported trades in the selected security, 24, 1999, the National Association of 1. Purpose indicating the reported time, price and Securities Dealers (‘‘NASD’’ or share volume). Summary Level Activity ‘‘Association’’), through its wholly Historical Research Reports. Nasdaq Reports would provide trade and/or owned subsidiary, Nasdaq Stock proposes to establish a fee which it will quote information over a monthly or Market, Inc. (‘‘Nasdaq’’), filed with the charge to investors who request quarterly period. Securities and Exchange Commission historical research reports pertaining to Fees for the Daily Detailed Reports (‘‘Commission’’) the proposed rule Nasdaq, Over-the-Counter Bulletin would be sent on a two-tiered basis to change as described in Items I, II, and Board (‘‘OTCBB’’) or other Over-the- reflect the amount of information Counter (‘‘OTC’’) issues. Nasdaq has provided. Nasdaq proposes to assess a 18 15 U.S.C. 78s(b)(2). provided such reports on an ad hoc fee of $7 for reports with 15 or fewer 19 17 CFR 200.30–3(a)(12). basis to customers requesting this 1 15 U.S.C. 78s(b)(1). information by telephone. Investors 3 Credit card information will be provided 2 17 CFR 240.19b-4. would contact a member of Nasdaq’s utilizing a secure web site connection.
VerDate 29-OCT-99 16:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.XXX pfrm07 PsN: 14DEN1 69812 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices fields of information 4 for each trading 2. Statutory Basis Washington DC 20549–0609. Copies of 5 day requested. Those reports with more Nasdaq believes that the proposed the submission, all subsequent than 15 fields would cost $15 per rule change is consistent with the amendments, all written statements trading day of information. Some provisions of Section 15A(b)(5) 7 and with respect to the proposed rule reports may be available for purchase on (6) 8 of the Act. Section 15A(b)(5) change that are filed with the a single day basis, while others may be requires the equitable allocation of Commission, and all written available only as multiple-day packages reasonable fees and charges among communications relating to the with a corresponding charge based on members and other users of facilities proposed rule change between the the number of days provided. Fees for operated or controlled by a national Commission and any person, other than Summary Level Activity Reports would securities association. Section 15A(b)(6) those that may be withheld from the be fixed at $25 per report. requires rules that foster cooperation public in accordance with the provisions of 5 U.S.C. 552, will be Nasdaq believes that this pricing and coordination with persons engaged available for inspection and copying in structure is a suitable assessment in facilitating transactions in securities the Commission’s Public Reference method that will facilitate the creation and that are not designed to permit unfair discrimination between Room. Copies of such filing will also be of an inexpensive and effective service available for inspection and copying at for investors. Furthermore, Nasdaq has customers, issuers, brokers or dealers. Nasdaq believes that this service the principal office of the NASD. All been testing this product and the submissions should refer to file number Internet delivery system (on involves the implementation of reasonable fees, assessed only to users SR–NASD–99–70 and should be OTCBB.com) for several months by submitted by January 4,2000. providing selected reports to investors utilizing the service, while providing beneficial information to subscribers on For the Commission by the Division of at no charge and has found a high level Market Regulation, pursuant to delegated of satisfaction and interest among a non-discriminatory basis. authority.9 investors for their continued B. Self-Regulatory Organization’s Jonathan G. Katz, availability. Statement on Burden on Competition Secretary. Administrative Reports. This second Nasdaq does not believe that the [FR Doc. 99–32368 Filed 12–13–99; 8:45 am] category of reports available through proposed rule change will result in any BILLING CODE 8010±01±M NasdaqTrader.com and/or OTCBB.com, burden on competition that is not termed ‘‘Administrative Reports,’’ will necessary or appropriate in furtherance be available to NASD member firms of the purposes of the Act. DEPARTMENT OF TRANSPORTATION only. These reports are generally C. Self-Regulatory Organization’s Office of the Secretary composed of firm specific information Statement on Comments on the which is currently provided on an Proposed Rule Change Received from Aviation Proceedings, Agreements informal basis. One example of this Members, Participants or Others Filed During the Week Ending group of reports is the ‘‘SEC 31(a) December 3, 1999 Report’’ which provides member firms Written comments were neither with the number of trades transacted on solicited nor received. The following Agreements were filed a daily basis and the anticipated SEC III. Date of Effectiveness of the with the Department of Transportation 31(a) fees that will be assessed at the Proposed Rule Change and Timing for under the provisions of 49 U.S.C. 412 end of the month. Another proposed Commission Action and 414. Answers may be filed within report that could be provided would Within 35 days of the date of 21 days of date of filing. estimate the total Nasdaq monthly publication of this notice in the Federal Docket Number: OST–99–6560. Date Filed: November 29, 1999. transaction fees for the member firm Register or within such longer period (i) Parties: Members of the International based on the firm’s historical volume. as the Commission may designate up to Air Transport Association. 90 days of such date if it finds such These Administrative Reports would Subject: PTC31 N&C/CIRC 0101 dated longer period to be appropriate and assist members in auditing their own 26 November 1999, Expedited Circle publishes its reasons for so finding or internal systems, verifying back-end Pacific Resolution 002bb, Intended (ii) as to which the NASD consents, the processing, and projecting monthly effective date: 15 January 2000. costs. The reports, which are provided Commission will: Dorothy W. Walker, presently by Nasdaq in CD ROM form, A. by order approve such proposed would be available through this secure rule change, or Federal Register Liaison. web site connection in a more cost- B. institute proceedings to determine [FR Doc. 99–32345 Filed 12–13–99; 8:45 am] effective and timely manner. whether the proposed rule change BILLING CODE 4910±62±P Subscribing member firms would be should be disapproved. charged a $25 fee per user, per month, IV. Solicitation of Comments DEPARTMENT OF TRANSPORTATION for access to each administrative Interested persons are invited to report.6 submit written data, views and Federal Aviation Administration arguments concerning the foregoing, 4 Examples of fields, depending on the type of including whether the proposed rule Draft Advisory Circular (AC) 91±XX, report chosen, could include reported volume, Altimeter Errors At Cold Temperatures reported price, reported time, inside bid/ask, short change is consistent with the Act. sale indicator, etc. Persons making written submissions AGENCY: Federal Aviation 5 For example, an investor requesting a report should file six copies thereof with the Administration (FAA), DOT. containing 12 fields of information for a three Secretary, Securities and Exchange ACTION: Notice of availability and trading day period would be charged $21. Commission, 450 Fifth Street, NW, 6 After assessing the demand for this service, request for comments. Nasdaq may offer volume discounts to purchasers of multiple reports if such discounts are determined 7 15 U.S.C. 78o–3(b)(5). to be economically feasible. 8 15 U.S.C. 78o–3(b)(6). 9 17 CFR 200.30–3(a)(12).
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SUMMARY: This notice announces the extremes because altimeters may Air carriers and foreign air carriers availability of and request for comments indicate altitudes higher than the may submit copies of written comments on proposed AC 91–XX, which provides aircraft’s actual altitude. This error previously provided to the Valdosta- information and pilot/controller might be as much as 1000 feet or more. Lowndes County airport Authority guidance about a potentially hazardous A pilot may not maintain an altitude under section 158.23 of Part 158. situation with altimeters that occurs at necessary to clear obstructions when FOR FURTHER INFORMATION CONTACT: extreme temperatures. Now that relying solely on the altimeter reading Larry Clark, Program Manager, Atlanta international standards have matured to and flying in extreme cold temperatures. Airports District Office, 1701 Columbia a level of confidence, it is important that The subject of cold temperature Avenue, Suite 2–260, College Park, cold temperature correction procedures altimeter errors has been studied, by Georgia 30337–2747, Phone Number: be implemented in the national airspace world experts, and is considered to be (404) 305–7144. system. This action is being taken to a primary factor facilitating CFIT The application may be reviewed in address Controlled Flight Into Terrain mishaps. In the interest of safety, every person at this time location. (CFIT) issues and support the pilot must understand and know SUPPLEMENTARY INFORMATION: The FAA Administrator’s safety agenda. procedures to make altitude adjustments proposes to rule and invites public DATES: Comments must be received on as appropriate for actual flight comment on the application to impose or before January 28, 2000. conditions. and use the revenue from a PFC at ADDRESSES: Send all comments on the Issued in Washington, DC, on December 9, Valdosta Regional Airport under the proposed AC to: Howard Swancy, Flight 1999. provisions of the Aviation Safety and Procedures Standards Branch (AFS– L. Nicholas Lacey, Capacity Expansion Act of 1990 (Title 420), Federal Aviation Administration, Director, Flight Standards Service. IX of the Omnibus Budget 800 Independence Avenue, SW., [FR Doc. 99–32481 Filed 12–13–99; 8:45 am] Reconciliation Act of 1990) (Pub. L. Washington, DC 20591; telephone 101–508) and Part 158 of the Federal BILLING CODE 4910±13±M number: (202) 267–8724. Aviation Regulations (14 CFR Part 158). FOR FURTHER INFORMATION CONTACT: On November 30, 1999, the FAA Howard Swancy, Flight Procedures DEPARTMENT OF TRANSPORTATION determined that the application to Standards Branch (AFS–420), Federal impose and use the revenue from a PFC Aviation Administration, 800 Federal Aviation Administration submitted by Valdosta-Lowndes County Independence Avenue, SW., Airport Authority was substantially Washington, DC 20591; telephone Notice of Intent To Rule on Application complete within the requirements of number: (202) 267–8724. To Impose and Use the Revenue From § 158.25 of Part 158. The FAA will a Passenger Facility Charge (PFC) at approve or disapprove the application, SUPPLEMENTARY INFORMATION: Valdosta Regional Airport, Valdosta, in whole or in part, no later than March Comments Invited Georgia 2, 2000. The following is a brief overview of A copy of the draft AC may be AGENCY: Federal Aviation the application. obtained by accessing the FAA’s Administration (FAA), DOT. webpage at http://www.faa.gov/avr/ PFC Application No.: 00–04–C–00– ACTION: Notice of intent to rule on arm/nprm/nprm.htm. Interested parties VLD. application. are invited to submit comments on the Level of the proposed PFC: $3.00. Proposed charge effective date: April proposed AC. Commenters must SUMMARY: The FAA proposes to rule and identify AC 91–XX, and submit 1, 2000. invites public comment on the Proposed charge expiration date: comments to the address specified application to impose and use the December 31, 2002. above. All communications received on revenue from a PFC at Valdosta Total estimated PFC revenue: or before the closing date for comments Regional Airport under the provisions of $350,000. will be considered by the FAA before the Aviation Safety and Capacity Brief description of proposed issuing the final AC. Expansion Act of 1990 (Title IX of the project(s): Discussion Omnibus Budget Reconciliation Act of 1. Security Fencing. 1990) (Public Law 101–508) and Part 2. T-Hangar Taxiway. The effect of cold temperature on 158 of the Federal Aviation Regulations 3. Rehabilitate Runway 17/35 altimeters has been the subject of (14 CFR Part 158). (Design). intense study and analysis since the 4. DBE Plan. early days of aviation. These study DATES: Comments must be received on or before January 13, 2000. 5. Drainage Study. results indicate that a number of aircraft 6. Rehabilitate Runway 17/35. accidents can be attributed solely to ADDRESSES: Comments on this 7. Terminal Building. pilot failures to set or use the altimeter application may be mailed or delivered Class or classes of air carriers which correctly. Although, there have been no in triplicate to the FAA at the following the public agency has requested not be accidents occurring in the Unites States address: Atlanta Airports District Office, required to collect PFCs: Air Carriers being directly related to a cold altimeter 1701 Columbia Avenue, Suite 2–260, with less than 1000 enplanements per error, studies confirm a number of near College Park, Georgia 30337–2747. year. tragic events being thwarted in the final In addition, one copy of any Any person may inspect the seconds. comments submitted to the FAA must application in person at the FAA office Cold temperatures tend to induce be mailed or delivered to Mr. Robert listed above under FOR FURTHER altimeter error that, in turn, could Ator, Executive Director of the Valdosta- INFORMATION CONTACT. potentially pose a deadly threat to Lowndes County Airport Authority at In addition, any person may, upon today’s aviators worldwide. At extreme the following address: Valdosta- request, inspect the application, notice temperatures, altimeters may give pilots Lowndes County Airport Authority, and other documents germane to the significantly erroneous readings. The 1750 Airport Road, Suite 1, Valdosta, application in person at the Valdosta- situation is especially dangerous at cold Georgia 31601. Lowndes County Airport Authority.
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Issued in College Park, Georgia on Washington, DC 20590, (202) 366–9230. what must be included in such a November 30, 1999. Office hours are from 8:30 a.m. to 5 document. Under OMB’s regulations (at Scott L. Seritt, p.m., e.t., Monday through Friday, 5 CFR 1320.8(d)), an agency must ask Manager, Atlanta Airports District Office, except for legal holidays. for public comment on the following: Southern Region. (23 U.S.C. 315; 49 CFR 1.48) (i) Whether the proposed collection of [FR Doc. 99–32349 Filed 12–13–99; 8:45 am] information is necessary for the proper Issued on: Monday, November 29, 1999. BILLING CODE 4910±13±M performance of the functions of the Jeffrey Paniati, agency, including whether the Deputy Director, ITS Joint Program Office. information will have practical utility; DEPARTMENT OF TRANSPORTATION [FR Doc. 99–31349 Filed 12–13–99; 8:45 am] (ii) The accuracy of the agency’s BILLING CODE 4910±22±P estimate of the burden of the proposed Federal Highway Administration collection of information, including the validity of the methodology and Intelligent Transportation Society of DEPARTMENT OF TRANSPORTATION assumptions used; America; Public Meeting (iii) How to enhance the quality, National Highway Traffic Safety AGENCY: utility, and clarity of the information to Federal Highway Administration Administration (FHWA), DOT. be collected; and (iv) How to minimize the burden of ACTION: Notice of public meeting. [U.S. DOT Docket No. NHTSA±99±6484 the collection of information on those SUMMARY: The Intelligent Transportation Reports, Forms, and Record Keeping who are to respond, including the use Society of America (ITS AMERICA) will Requirements of appropriate automated, electronic, hold a meeting of its Coordinating mechanical, or other technological Council meeting on Monday, December AGENCY: National Highway Traffic collection techniques or other forms of 6, 1999. The following designations are Safety Administration (NHTSA), DOT. information technology, e.g., permitting made for each item: (A) is an ‘‘action’’ ACTION: Request for public comment on electronic submission of responses. item; (I) is an ‘‘information item;’’ and proposed collection of information. In compliance with these (D) is a ‘‘discussion’’ item. The agenda requirements, NHTSA asks public SUMMARY: includes the following: (1) Call to Order Before a Federal agency can comment on the following proposed and Introductions (I); (2) Statements of collect certain information from the collection of information: Antitrust Compliance and Conflict of public, it must receive approval from the Office of Management and Budget 2000 Motor Vehicle Occupant Safety Interest (A); (3) Approval of Last Survey Meeting’s Minutes (A); (4) Federal (OMB). Under new procedures Report (I); (5) President’s Report (I); (6) established by the Paperwork Reduction Type of Request—New information Cell Phones as Data Probes Task Force Act of 1995, before seeking OMB collection requirement. Report and Recommendations (I); (7) approval, Federal agencies must solicit OMB Clearance Number—None. Form Number—This collection of ITS and Information Security (I); (8) public comment on proposed information uses no standard forms. RTAG Advice (I/D/A); (9) Coordinating collections of information, including extensions and reinstatements of Requested Expiration Date of Council Nominations; (10) Annual Approval—December 31, 2001. Meeting Awards Process; (11) Horizons previously approved collections. This document describes one Summary of the Collection of Committee Progress Report (I); (12) Information—NHTSA proposes to Committee Reports (I): Communications collection of information for which NHTSA intends to seek OMB approval. conduct a year 2000 Motor Vehicle and Outreach; Planning; Intermodal Occupant Safety Survey by telephone Freight Working Group/Task Force; DATES: Comments must be received on or before February 14, 2000. among a national probability sample of Societal/Institutional/Environmental 12,000 adults (age 16 and older). Committee; Weather Information ADDRESSES: Direct all written comments Participation by respondents would be Applications Task Force; (13) Future to U.S. Department of Transportation voluntary. NHTSA’s information needs Coordinating Council Meeting Dates (I/ Dockets, 400 Seventh Street, S.W., Plaza require seat belt and child safety seat A); (14) Adjournment. 401, Washington, D.C. 20590. Docket sections too large to merge into a single DATES: The Coordinating Council of ITS No. NHTSA–99–6484. survey instrument without producing an AMERICA will meet on Tuesday, FOR FURTHER INFORMATION CONTACT: Mr. inordinate burden on respondents. December 6, 1999, from 8 a.m.—12 noon Alan Block, Contracting Officer’s Rather than reduce these sections, the (Eastern Standard time). Technical Representative, Office of proposed survey instrument would be ADDRESSES: Pointe Hilton Tapitio Cliffs Research and Traffic Records (NTS–31), divided into two series of modules. Resort, 11111 North 7th Street, Phoenix, National Highway Traffic Safety Each module would be administered to AZ 85020. Tel. (602) 866–7500; Fax Administration, 400 Seventh Street, one-half the total number of subjects to (602) 866–6347. S.W., Room 6240, Washington, D.C. be interviewed. Module Series #1 of the FOR FURTHER INFORMATION CONTACT: 20590. questionnaire would focus on seat belts Materials associated with this meeting SUPPLEMENTARY INFORMATION: Under the and include smaller sections on air bags, may be examined at the offices of ITS Paperwork Reduction Act of 1995, motorcyclist safety, and general driving AMERICA, 400 Virginia Avenue, SW., before an agency submits a proposed (including speed). Module Series #2 Suite 800, Washington, DC 20024. collection of information to OMB for would focus on child restraint use, Persons needing further information or approval, it must publish a document in accompanied by smaller sections on air to request to speak at this meeting the Federal Register providing a 60-day bags and Emergency Medical Services. should contact Marlene Vence- comment period and otherwise consult Both series would contain sections on Crampton at ITS AMERICA by with members of the public and affected crash injury experience, and on telephone at (202) 484–4847, or by Fax agencies concerning each proposed drinking and driving because of the at (202) 484–3483. The DOT contact is collection of information. The OMB has extensive impact of alcohol on the Mary Pigott, FHWA, HVH–1, promulgated regulations describing highway safety problem. Some basic
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A Spanish-language safety, NHTSA conducted its first Motor per household. Each member of the translation and bilingual interviewers Vehicle Occupant Safety Survey in sample would complete one interview. would be used to minimize language 1994. The survey included questions Estimate of the Total Annual barriers to participation. The proposed related to seat belts, child safety seats, Reporting and Record Keeping Burden survey would be anonymous and air bags, bicyclist safety, motorcyclist Resulting from the Collection of confidential. safety, and Emergency Medical Services. Information—NHTSA estimates that Description of the Need for the It also contained small segments on each respondent in the sample would Information and Proposed Use of the alcohol use and on speeding. The require an average of 20 minutes to Information—The National Highway survey was repeated in 1996 and 1998, complete the telephone interview. Thus, Traffic Safety Administration (NHTSA) with the survey instrument updated to the number of estimated reporting was established to reduce the mounting incorporate emergent issues and items burden hours a year on the general number of deaths, injuries and of increased interest. public (12,000 respondents multiplied economic losses resulting from motor The proposed survey is the fourth by 1 interview multiplied by 20 vehicle crashes on the Nation’s Motor Vehicle Occupant Safety Survey. minutes) would be 4000 for the highways. As part of this statutory The survey would collect data on topics proposed survey. The respondents mandate, NHTSA is authorized to included in the preceding surveys and would not incur any reporting cost from would monitor changes over time in the conduct research as a foundation for the the information collection. The use of occupant protection devices and development of motor vehicle standards respondents also would not incur any in attitudes related to vehicle occupant and traffic safety programs. record keeping burden or record safety. It is important that NHTSA During the late 1960s and early 1970s, keeping cost from the information monitor these changes so that the more than 50,000 persons were killed collection. Agency can determine the effects of its each year in motor vehicle crashes in efforts to promote the use of safety Rose A. McMurray, the United States. Diverse approaches devices and to identify areas where its Associate Administrator Traffic Safety were taken to address the problem. efforts should be targeted and where Programs. Vehicle safety designs and features were new strategies may be needed. As in [FR Doc. 99–32275 Filed 12–13–99; 8:45 am] improved; restraint devices were 1996 and 1998, NHTSA proposes to BILLING CODE 4910±59±P improved; safety behaviors were make a small number of revisions to the mandated in state legislation (including survey instrument to address new seat belt use, child safety seat use, and information needs. DEPARTMENT OF TRANSPORTATION motorcycle helmet use); alcohol-related If approved, the proposed survey National Highway Traffic Safety legislation was enacted; this legislation would assist NHTSA in addressing the Administration was enforced; public information and problem of motor vehicle occupant education activities were widely safety and in formulating programs and [U.S. DOT Docket No. NHTSA±99±6485] implemented; and roadways were recommendations to Congress. The improved. results of the proposed survey would be Reports, Forms, and Record Keeping As a result of these interventions and used to: (a) Identify areas to target Requirements improvements, crash fatalities dropped current programs and activities to AGENCY: National Highway Traffic significantly. By 1992, total fatalities achieve the greatest benefit; (b) develop Safety Administration (NHTSA), DOT. had fallen to 39,250, representing a 23% new programs and initiatives aimed at decline from 1966. In addition, the increasing the use of occupant safety ACTION: Request for public comment on resident population and the number of devices by the general public; and (c) proposed collection of information. vehicle miles traveled increased greatly provide informational support to States SUMMARY: Before a Federal agency can over those years. When fatality rates are and localities in their traffic safety collect certain information from the computed per 100,000 population, the efforts. The findings would also be used public, it must receive approval from rate for 1992 (15.39) was about 40 directly by State and local highway the Office of Management and Budget percent lower than the 1966 rate (25.89). safety and law enforcement agencies in (OMB). Under new procedures In sum, heightened highway safety the development and implementation of established by the Paperwork Reduction activity conducted over the past three effective countermeasures to prevent Act of 1995, before seeking OMB decades corresponds with major strides injuries and fatalities to vehicle approval, Federal agencies must solicit in reducing traffic fatalities. occupants. Remaining barriers to safety will be Description of the Likely Respondents public comment on proposed more resistant to programmatic (Including Estimated Number, and collections of information, including influences now that the easy gains have Proposed Frequency of Response to the extensions and reinstatements of already been accomplished. Moreover, Collection of Information)—Under this previously approved collections. crash fatalities have edged higher since proposed effort, a telephone interview This document describes one 1992, totaling 41,471 in 1998. Thus averaging approximately 20 minutes in collection of information for which significant effort will be needed just to length would be administered to each of NHTSA intends to seek OMB approval. preserve the gains that already have 12,000 randomly selected members of DATES: Comments must be received on been made. Up-to-date information is the general public age 16 and older in or before February 14, 2000. essential to plot the direction of future telephone households. The respondent ADDRESSES: Direct all written comments activity that will achieve reductions in sample would be selected from all 50 to U.S. Department of Transportation
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Dockets, 400 Seventh Street, S.W., Plaza would consist of three waves of 500 wear their seat belt all the time. Tied to 401, Washington, D.C. 20590. Docket interviews conducted among a the program implementation would be a No. NHTSA–99–6485. randomly selected sample of persons comprehensive evaluation effort to FOR FURTHER INFORMATION CONTACT: Mr. age 16 and older. Participation by assess program effectiveness. Alan Block, Contracting Officer’s respondents would be voluntary. The Observation surveys would be Technical Representative, Office of interviewers would question conducted to determine whether the Research and Traffic Records (NTS–31), respondents about their awareness of program has had an impact on seat belt National Highway Traffic Safety program messages and activities, and usage. However, whether or not a Administration, 400 Seventh Street, about their use of seat belts. program has an impact depends both on S.W., Room 6240, Washington, D.C. In conducting the proposed surveys, the intervention reaching the target 20590. the interviewers would use computer- audience, and then its ability to elicit assisted telephone interviewing to the desired behavior once it has SUPPLEMENTARY INFORMATION: Under the reduce interview length and minimize penetrated to the target audience. A Paperwork Reduction Act of 1995, recording errors. A Spanish-language program may be effective in one of these before an agency submits a proposed translation and bilingual interviewers tasks and ineffective in the other. In collection of information to OMB for would be used to minimize language order to adequately interpret the results approval, it must publish a document in barriers to participation. The proposed of the seat belt observation surveys, the the Federal Register providing a 60-day surveys would be anonymous and program evaluation effort would include comment period and otherwise consult confidential. telephone surveys to collect information with members of the public and affected Description of the Need for the on awareness and exposure to program agencies concerning each proposed Information and Proposed Use of the messages and activities. collection of information. The OMB has Information—The National Highway If approved, the proposed surveys promulgated regulations describing Traffic Safety Administration (NHTSA) would assist NHTSA in evaluating the what must be included in such a was established to reduce the mounting effectiveness of a program designed to document. Under OMB’s regulations (at number of deaths, injuries and increase seat belt use among part time 5 CFR 1320.8(d)), an agency must ask economic losses resulting from motor belt users. The results of the proposed for public comment on the following: vehicle crashes on the Nation’s surveys would identify whether the (i) Whether the proposed collection of highways. As part of this statutory program interventions penetrated to the information is necessary for the proper mandate, NHTSA is authorized to target audience(s), and provide the performance of the functions of the conduct research as a foundation for the context in which the seat belt agency, including whether the development of motor vehicle standards observation data would be interpreted. information will have practical utility; and traffic safety programs. The findings from the evaluation would (ii) The accuracy of the agency’s Seat belt use has increased be used directly by State and local estimate of the burden of the proposed substantially over the past two decades. highway safety agencies, as well as collection of information, including the Based on State observation surveys, other safety organizations, to develop validity of the methodology and NHTSA computed a seat belt usage rate and implement effective programs to assumptions used; of 69% for the nation as a whole in increase seat belt use. (iii) How to enhance the quality, 1998. However, this figure obscured the Description of the Likely Respondents utility, and clarity of the information to fact that relatively few persons are (Including Estimated Number, and be collected; and consistent non-users of seat belts. Proposed Frequency of Response to the (iv) How to minimize the burden of Rather, research indicates that much of Collection of Information)—Under this the collection of information on those the observed non-use of seat belts proposed effort, a telephone interview who are to respond, including the use occurs among persons who wear their averaging approximately 10 minutes in of appropriate automated, electronic, seat belts on other occasions. Research length would be administered to each of mechanical, or other technological further shows that seat belt use among 3,000 randomly selected members of the collection techniques or other forms of these part time users tends to be a general public age 16 and older in information technology, e.g., permitting function of risk assessment; i.e., wearing telephone households. The respondent electronic submission of responses. their seat belts when they perceive sample would be selected from each of In compliance with these greater risk and ignoring them when two sites where a part time seat belt user requirements, NHTSA asks public there is insufficient risk in their program had been implemented, with a comment on the following proposed perceptual field to grab their attention. total of 1,500 interviews conducted per collection of information: Thus persons were more likely to wear site. There would be three waves of seat belts during inclement weather or interviewing conducted at each site, Part Time Seat Belt User Program while driving on the highway, but less with each wave composed of 500 Type of Request—New information likely to wear them on short drives interviews per site. The survey waves collection requirement. along familiar routes. would take place at strategic points OMB Clearance Number—None. Because part time seat belt users related to the implementation schedule Form Number—This collection of considerably outnumber persons who of the program. Interviews would be information uses no standard forms. never wear their seat belt, getting part conducted with persons at residential Requested Expiration Date of time users to wear their seat belt ‘‘every phone numbers selected through Approval—June 30, 2002. time’’ would greatly increase seat belt random digit dialing. Businesses are Summary of the Collection of usage nationally and improve highway ineligible for the sample and would not Information—NHTSA proposes to safety. NHTSA presently is developing be interviewed. No more than one conduct periodic telephone surveys at a program designed to increase seat belt respondent would be selected per each of two test sites to assess the level usage among part time users. The household. Each member of the sample of public awareness and exposure to a program would be implemented at each would complete one interview. program designed to increase seat belt of two sites in the United States, and Estimate of the Total Annual use among part time seat belt users. The would include educational and other Reporting and Record Keeping Burden interviewing at each of the two sites activities to encourage the public to Resulting from the Collection of
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Information—NHTSA estimates that Circular from GPO, use the following http://www.fms.treas.gov/c570/ each respondent in the sample would stock number: 048000–00527–6. index.html. A hard copy may be require an average of 10 minutes to Questions concerning this notice may purchased from the Government complete the telephone interview. Thus, be directed to the U.S. Department of Printing Office (GPO) Subscription the number of estimated reporting the Treasury, Financial Management Service, Washington, DC, Telephone burden hours a year on the general Service, Financial Accounting and (202) 512–1800. When ordering the public (3,000 respondents multiplied by Services Division, Surety Bond Branch, Circular from GPO, use the following 1 interview multiplied by 10 minutes) 3700 East-West Highway, Room 6A04, stock number: 048000–00527–6. would be 500 for the proposed survey. Hyattsville, MD 20782. Questions concerning this Notice may The respondents would not incur any Dated: November 19, 1999. be directed to the U.S. Department of reporting cost from the information Wanda J. Rogers, the Treasury, Financial Management collection. The respondents also would Director, Financial Accounting and Services Service, Financial Accounting and not incur any record keeping burden or Division, Financial Management Service. Services Division, Surety Bond Branch, record keeping cost from the [FR Doc. 99–32316 Filed 12–13–99; 8:45 am] 370 East-West Highway, Room 6A04, Hyattsville, MD 20782. information collection. BILLING CODE 4810±35±M Rose A. McMurray, Dated: November 12, 1999. Associate Administrator, Traffic Safety Wanda J. Rogers, Programs. DEPARTMENT OF THE TREASURY Director, Financial Accounting and Services Division, Financial Management Service. [FR Doc. 99–32276 Filed 12–13–99; 8:45 am] Fiscal Service BILLING CODE 4910±59±P [FR Doc. 99–32317 Filed 12–13–99; 8:45 am] Surety Companies Acceptable on BILLING CODE 4810±35±M Federal Bonds: Mid-Century Insurance DEPARTMENT OF THE TREASURY Company DEPARTMENT OF THE TREASURY AGENCY: Fiscal Service Financial Management Service, [CO±68±87; CO±69±87; CO±18±90] Fiscal Service, Department of the Surety Companies Acceptable on Treasury. Proposed Collection; Comment Federal Bonds: TerminationÐAXA ACTION: Notice. Request For Regulation Project Global Risks US Insurance Company SUMMARY: This is Supplement No. 5 to AGENCY: Internal Revenue Service (IRS), AGENCY: Financial Management Service, the Treasury Department Circular 570; Treasury. Fiscal Service, Department of the 1999 Revision, published July 1, 1999, ACTION: Notice and request for Treasury. at 64 FR 35864. comments. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874–6765. SUMMARY: The Department of the SUMMARY: This is Supplement No. 4 to Treasury, as part of its continuing effort SUPPLEMENTARY INFORMATION: A the Treasury Department Circular 570; to reduce paperwork and respondent Certificate of Authority as an acceptable 1999 Revision, published July 1, 1999, burden, invites the general public and surety on Federal bonds is hereby at 64 FR 35864. other Federal agencies to take this issued to the following Company under opportunity to comment on proposed FOR FURTHER INFORMATION CONTACT: 31 U.S.C. 9304 to 9308. Federal bond- and/or continuing information Surety Bond Branch at (202) 874–6905. approving officers should annotate their collections, as required by the SUPPLEMENTARY INFORMATION: Notice is reference copies of the Treasury Circular Paperwork Reduction Act of 1995, hereby given that the Certificate of 570, 1999 Revision, on page 35881 to Public Law 104–13 (44 U.S.C. authority issued by the Treasury to the reflect this addition: COMPANY NAME: 3506(c)(2)(A)). Currently, the IRS is above named Company, under the Mid-Century Insurance Company. soliciting comments concerning existing United States Code, Title 31, Sections BUSINESS ADDRESS: P.O. Box 2478, final regulations CO–68–87 and CO–69– 9304–9308, to qualify as an acceptable Terminal Annex, Los Angeles, CA 87(TD 8352), Final Regulations Under surety on Federal bonds is terminated. 90051. PHONE: (323) 932–3200. Sections 382 and 383 of the Internal The Company was last listed as an UNDERWRITING LIMITATION b/: Revenue Code of 1986; Pre-change acceptable surety on Federal bonds at 64 $68,731,000. SURETY LICENSES c/: Attributes, and CO–18–90 (TD 8531), FR page 35869, July 1, 1999. AZ, AR, CA, CO, FL, GA, ID, IL, IN, IA, Final Regulations Under Section 382 of With respect to any bonds currently KS, KY, MI, MN, MS, MO, MT, NE, NV, the Internal Revenue Code of 1986; in force with AXA GLOBAL RISKS US NM, NC, ND, OH, OK, OR, SD, TN, TX, Limitations on Corporate Net Operating INSURANCE COMPANY, bond- UT, VT, VA, WA, WI. INCORPORATED Loss Carryforwards (§§ 1.382–4 and approving officers should secure new IN: California. bonds with acceptable sureties in those Certificates of Authority expire on 1.382–2T). instances where a significant amount of June 30 each year, unless revoked prior DATES: Written comments should be liability remains outstanding. In to that date. The Certificates are subject received on or before February 14, 2000 addition, bonds that are continuous in to subsequent annual renewal as long as to be assured of consideration. nature should to be renewed. the company remains qualified (31 CFR ADDRESSES: Direct all written comments The Circular may be viewed and part 223). A list of qualified companies to Garrick R. Shear, Internal Revenue downloaded through the Internet at is published annually as of July 1 in Service, room 5244, 1111 Constitution http://www.fms,treas,gov/c570/ Treasury Department Circular 570, with Avenue NW., Washington, DC 20224. index.html. A hard copy may be details as to underwriting limitations, FOR FURTHER INFORMATION CONTACT: purchased from the Government areas in which licensed to transact Requests for additional information or Printing Office (GPO), Subscription surety business and other information. copies of the regulations should be Service, Washington, DC, telephone The Circular may be viewed and directed to Carol Savage, (202) 622– (202) 512–1800. When ordering the downloaded through the Internet at 3945, Internal Revenue Service, room
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5242, 1111 Constitution Avenue NW., information shall have practical utility; OMB Number: 1535–0013. Washington, DC 20224. (b) the accuracy of the agency’s estimate Form Numbers: PD F 1048 and PD F SUPPLEMENTARY INFORMATION: of the burden of the collection of 2243. Title: CO–68–87 and CO–69–87(TD information; (c) ways to enhance the Abstract: The information is 8352), Final Regulations Under Sections quality, utility, and clarity of the requested to issue owners substitute 382 and 383 of the Internal Revenue information to be collected; (d) ways to securities or payment in lieu of lost, Code of 1986; Pre-change Attributes, minimize the burden of the collection of stolen or destroyed securities. and CO–18–90 (TD 8531), Final information on respondents, including Current Actions: None. Regulations Under Section 382 of the through the use of automated collection Type of Review: Extension. Internal Revenue Code of 1986; techniques or other forms of information Affected Public: Individuals or Limitations on Corporate Net Operating technology; and (e) estimates of capital households. Loss Carryforwards. or start-up costs and costs of operation, Estimated Number of Respondents: OMB Number: 1545–1120. maintenance, and purchase of services 80,000 Regulation Project Number: CO–68– to provide information. Estimated Time Per Respondent: 25 87; CO–69–87; CO–18–90. Approved: December 7, 1999. minutes. Abstract: (CO–68–87 and CO–69–87) Garrick R. Shear, Estimated Total Annual Burden These regulations require reporting by a IRS Reports Clearance Officer. Hours: 32,000. corporation after it undergoes an [FR Doc. 99–32401 Filed 12–13–99; 8:45 am] ‘‘ownership change’’ under Code Request for Comments BILLING CODE 4830±01±U sections 382 and 383. Corporations Comments submitted in response to required to report under these this notice will be summarized and/or regulations include those with capital DEPARTMENT OF THE TREASURY included in the request for OMB loss carryovers and excess credits. (CO– approval. All comments will become a 18–90) These regulations provide rules Bureau of the Public Debt matter of public record. Comments are for the treatment of options under Code invited on: (a) Whether the collection of section 382 for purposes of determining Proposed Collection: Comment information is necessary for the proper whether a corporation undergoes an Request performance of the functions of the ownership change. The regulation ACTION: Notice and request for agency, including whether the allows for certain elections for comments. information shall have practical utility; corporations whose stock is subject to (b) the accuracy of the agency’s estimate options. SUMMARY: The Department of the of the burden of the collection of Current Actions: There is no change to Treasury, as part of its continuing effort information; (c) ways to enhance the these existing regulations. to reduce paperwork and respondent quality, utility, and clarity of the Type of Review: Extension of a burden, invites the general public and information to be collected; (d) ways to currently approved collection. other Federal agencies to take this minimize the burden of the collection of Affected Public: Business or other for- opportunity to comment on proposed information on respondents, including profit organizations. and/or continuing information through the use of automated collection Estimated Number of Respondents: collections, as required by the techniques or other forms of information 75,150. Paperwork Reduction Act of 1995, technology; and (e) estimates of capital Estimated Time Per Respondent: 2 Public Law 104–13 (44 U.S.C. or start-up costs and costs of operation, hours, 56 minutes. 3506(c)(2)(A). Currently the Bureau of maintenance, and purchase of services Estimated Total Annual Burden the Public Debt within the Department to provide information. Hours: 220,575. of the Treasury is soliciting comments Dated: December 8, 1998. The following paragraph applies to all concerning the Application for Relief on Vicki S. Thorpe, of the collections of information covered Account of Loss, Theft, or Destruction of by this notice: United States Savings and Retirement Manager, Graphics, Printing, and Records Branch. An agency may not conduct or Securities and Supplemental Statement sponsor, and a person is not required to Concerning United States Securities. [FR Doc. 99–32292 Filed 12–13–99; 8:45 am] respond to, a collection of information BILLING CODE 4810±39±P DATES: unless the collection of information Written comments should be displays a valid OMB control number. received on or before February 14, 2000, Books or records relating to a collection to be assured of consideration. DEPARTMENT OF THE TREASURY of information must be retained as long ADDRESS: Direct all written comments to as their contents may become material Bureau of the Public Debt, Vicki S. Bureau of the Public Debt in the administration of any internal Thorpe, 200 Third Street, Parkersburg, Proposed Collection: Comment revenue law. Generally, tax returns and WV 26106–1328. Request tax return information are confidential, FOR FURTHER INFORMATION CONTACT: as required by 26 U.S.C. 6103. Requests for additional information or ACTION: Notice and request for copies of the form and instructions comments. Request for Comments: should be directed to Vicki S. Thorpe, Comments submitted in response to Bureau of the Public Debt, 200 Third SUMMARY: The Department of the this notice will be summarized and/or Street, Parkersburg, WV 26106–1328, Treasury, as part of its continuing effort included in the request for OMB (304) 480–6553. to reduce paperwork and respondent approval. All comments will become a SUPPLEMENTARY INFORMATION: burden, invites the general public and matter of public record. Comments are Titles: Application For Relief on other Federal agencies to take this invited on: (a) whether the collection of Account of Loss, Theft or Destruction of opportunity to comment on proposed information is necessary for the proper United States Savings and Retirement and/or continuing information performance of the functions of the Securities and Supplemental Statement collections, as required by the agency, including whether the Concerning United States Securities. Paperwork Reduction Act of 1995,
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Public Law 104–13 (44 U.S.C. Dated: December 8, 1999. Request for Comments 3506(c)(2)(A)). Currently the Bureau of Vicki S. Thorpe, Comments submitted in response to the Public Debt within the Department Manager, Graphics, Printing and Records this notice will be summarized and/or of the Treasury is soliciting comments Branch. included in the request for OMB concerning the Description of United [FR Doc. 99–32293 Filed 12–13–99; 8:45 am] approval. All comments will become a States Savings Bonds/Notes and BILLING CODE 4810±39±P matter of public record. Comments are Description of United States Savings invited on: (a) Whether the collection of Bonds Series HH/H. information is necessary for the proper DATES: Written comments should be DEPARTMENT OF THE TREASURY performance of the functions of the received on or before February 14, 2000, agency, including whether the to be assured of consideration. Bureau of the Public Debt information shall have practical utility; ADDRESSES: Direct all written comments Proposed Collection: Comment (b) the accuracy of the agency’s estimate to Bureau of the Public Debt, Vicki S. Request of the burden of the collection of Thorpe, 200 Third Street, Parkersburg, information; (c) ways to enhance the WV 26106–1328. ACTION: Notice and request for quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: comments. information to be collected; (d) ways to minimize the burden of the collection of Requests for additional information or SUMMARY: The Department of the copies of the form and instructions information on respondents, including Treasury, as part of its continuing effort through the use of automated collection should be directed to Vicki S. Thorpe, to reduce paperwork and respondent Bureau of the Public Debt, 200 Third techniques or other forms of information burden, invites the general public and technology; and (e) estimates of capital Street, Parkersburg, WV 26106–1328, other Federal agencies to take this (304) 480–6553. or start-up costs and costs of operation, opportunity to comment on proposed maintenance, and purchase of services SUPPLEMENTARY INFORMATION: and/or continuing information to provide information. Titles: Description of United States collections, as required by the Dated: December 8, 1999. Savings Bonds/Notes and Description of Paperwork Reduction Act of 1995, United States Savings Bonds Series HH/ Public Law 104–13 (44 U.S.C. Vicki S. Thorpe, H. 3506(c)(2)(A). Currently the Bureau of Manager, Graphics, Printing and Records OMB Number: 1535–0064. the Public Debt within the Department Branch. Form Numbers: PD F 1980 and PD F of the Treasury is soliciting comments [FR Doc. 99–32294 Filed 12–13–99; 8:45 am] 2490. concerning the Application By BILLING CODE 4810±39±P Abstract: The information is Voluntary Guardian of Incapacitated requested to establish the owner of Owner of United States Savings Bonds/ DEPARTMENT OF THE TREASURY savings bonds. Notes. Current Actions: None. DATES: Type of Review: Extension. Written comments should be Bureau of the Public Debt Affected Public: Individuals or received on or before February 14, 2000, Proposed Collection: Comment households. to be assured of consideration. Request Estimated Number of Respondents: ADDRESSES: Direct all written comments 19,000. to Bureau of the Public Debt, Vicki S. ACTION: Notice and request for Estimated Time Per Respondent: 6 Thorpe, 200 Third Street, Parkersburg, comments. minutes. WV 26106–1328. Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of the Hours: 1,900. Requests for additional information or Treasury, as part of its continuing effort copies of the form and instructions to reduce paperwork and respondent Request for Comments should be directed to Vicki S. Thorpe, burden, invites the general public and Comments submitted in response to Bureau of the Public Debt, 200 Third other Federal agencies to take this this notice will be summarized and/or Street, Parkersburg, WV 26106–1328, opportunity to comment on proposed included in the request for OMB (304) 480–6553. and/or continuing information collections, as required by the approval. All comments will become a SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995, matter of public record. Comments are Title: Application By Voluntary Public Law 104–13 (44 U.S.C. invited on: (a) Whether the collection of Guardian Of Incapacitated Owner of 3506(c)(2)(A). Currently the Bureau of information is necessary for the proper United States Savings Bonds/Notes. performance of the functions of the OMB Number: 1535–0036. the Public Debt within the Department agency, including whether the Form Number: PD F 2513. of the Treasury is soliciting comments information shall have practical utility; Abstract: The information is concerning the Application For (b) the accuracy of the agency’s estimate requested to establish the right of a Payment of United States Savings of the burden of the collection of voluntary guardian to act on behalf of an Bonds/Notes and/or Related Checks in information; (c) ways to enhance the incompetent bond owner. an Amount Not Exceeding $1,000 By quality, utility, and clarity of the Current Actions: None. The Survivor of a Deceased Owner information to be collected; (d) ways to Type of Review: Extension. Whose Estate is Not Being minimize the burden of the collection of Affected Public: Individuals or Administered. information on respondents, including households. DATES: Written comments should be through the use of automated collection Estimated Number of Respondents: received on or before February 14, 2000, techniques or other forms of information 7,650. to be assured of consideration. technology; and (e) estimates of capital Estimated Time Per Respondent: 20 ADDRESSES: Direct all written comments or start-up costs and costs of operation, minutes. to Bureau of the Public Debt, Vicki S. maintenance, and purchase of services Estimated Total Annual Burden Thorpe, 200 Third Street, Parkersburg, to provide information. Hours: 2,600. WV 26106–1328.
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FOR FURTHER INFORMATION CONTACT: Type of Review: Extension. (b) the accuracy of the agency’s estimate Requests for additional information or Affected Public: Individuals or of the burden of the collection of copies of the form and instructions households. information; (c) ways to enhance the should be directed to Vicki S. Thorpe, Estimated Number of Respondents: quality, utility, and clarity of the Bureau of the Public Debt, 200 Third 3,965 information to be collected; (d) ways to Street, Parkersburg, WV 26106–1328, Estimated Time Per Respondent: 10 minimize the burden of the collection of (304) 480–6553. minutes. information on respondents, including Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: through the use of automated collection Hours: 991. Title: Application For Payment of techniques or other forms of information United States Savings Bonds/Notes and/ Request for Comments: technology; and (e) estimates of capital or Related Checks in an Amount Not or start-up costs and costs of operation, Exceeding $1,000 By The Survivor Of A Comments submitted in response to maintenance, and purchase of services Deceased Owner Whose Estate Is Not this notice will be summarized and/or to provide information. Being Administered. included in the request for OMB OMB Number: 1535–0035. approval. All comments will become a Dated: December 8, 1999. Form Number: PD F 4881. matter of public record. Comments are Vicki S. Thorpe, Abstract: The information is invited on: (a) Whether the collection of Manager, Graphics, Printing and Records requested from the survivors of information is necessary for the proper Branch. deceased bond owners to apply for performance of the functions of the proceeds from bonds, or related checks. agency, including whether the [FR Doc. 99–32295 Filed 12–13–99; 8:45 am] Current Actions: None. information shall have practical utility; BILLING CODE 4810±39±P
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Corrections Federal Register Vol. 64, No. 239
Tuesday, December 14, 1999
This section of the FEDERAL REGISTER SECURITIES AND EXCHANGE 7. On the same page, in the second contains editorial corrections of previously COMMISSION column, in paragraph ‘‘(3)’’, in the last published Presidential, Rule, Proposed Rule, line, ‘‘control’’ should read ‘‘control.’’. and Notice documents. These corrections are [Release No. 34±41302; File No. SR± 8. On the same page, in the same prepared by the Office of the Federal NASD±99±07] column, in paragraph ‘‘(5)’’, the last line Register. Agency prepared corrections are issued as signed documents and appear in ‘‘relating to transaction(s) at issue’’ Self-Regulatory Organizations; Notice should read ‘‘relating to the the appropriate document categories of Filing of Proposed Rule Change by elsewhere in the issue. transaction(s) at issue.’’. the National Association of Securities 9. On the same page, in the same Dealers, Inc. Creating a Discovery column, in paragraph ‘‘(9)’’, in the last Guide for Use in NASD Arbitrations line, ‘‘and’’ should be added before DEPARTMENT OF ENERGY Correction ‘‘index’’. 10. On the same page, in the third Federal Energy Regulatory In notice document 99–10200, Commission column, in the third line ‘‘of’’ should be beginning on page 20036, in the issue of removed. Friday, April 23, 1999, make the 11. On the same page, in the same Notice of Amendment of License and following corrections: Soliciting Comments, Motions to column, in paragraph ‘‘(4)’’, the last 1. On page 20036, in the second Intervene, and Protests line, ‘‘statement or claim filed’’ should column, in the first paragraph under the read, ‘‘statement of claim was filed’’. Correction heading, ‘‘I. The Need for New 12. On the same page, in the same Discovery Procedures’’, in the sixth line, column, in paragraph ‘‘(8)’’, in the In notice document 99–31482 ‘‘too’’ should read ‘‘two’’. fourth line, ‘‘and’’ should be added appearing on page 68096 in the issue of 2, On the same page, in the same before ‘‘any’’. Monday, December 6, 1999, make the column, in the third paragraph under 13. On page 20039, in the first following correction: the heading, ‘‘I. The Need for New column, in the ninth line, ‘‘least’’ On page 68096, in the second column, Discovery Procedures’’ in the fourth should read ‘‘last’’. in the seventh line,‘‘b. Project No.: line, ‘‘person(s)’’ should read 14. On the same page, in the same ‘‘person(s).’’ 1494–194 and 1949–195’’ should read, column, in the first paragraph ‘‘(3)’’ in ‘‘b. Project No.: 1494–194 and 1494– 3. On page 20037, in the first column, the sixth line, ‘‘programs’’ should read in the second paragraph, in the second 195’’. ‘‘program’’. line from the bottom, ‘‘that’’ should read 15. On the same page, in the same [FR Doc. C9–31482 Filed 12–13–99; 8:45 am] ‘‘that,’’. column, under List 5, in paragraph BILLING CODE 1505±01±D 4. On the same page, in the second ‘‘(2)’’, in the third line, ‘‘person(s)’’ column, in the first full paragraph, in should read ‘‘Person(s)’’. the fourth line, ‘‘filled’’ should read 16. On the same page, under List 10, ‘‘filed’’. in the third column, in paragraph ‘‘(3)’’, 5. On the same page, in the third in the fourth line, ‘‘customers’’ should column, in the 18th line, ‘‘the’’ should read ‘‘customer’s’’. be added after ‘‘whether’’. 17. On the same page, in the same 6. On page 20038, in the first column, column, under List 13, in paragraph under Document Production Lists, the ‘‘(2)’’, in the seventh line, ‘‘program:’’ heading ‘‘Firm/Associated Persons(s)’’ should read ‘‘program;’’. should read ‘‘Firm/Associated [FR Doc. C9–10200 Filed 12–13–99; 8:45 am] Person(s)’’. BILLING CODE 1505±01±D
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DEPARTMENT OF HEALTH AND Part I: Background Information: legislative (1) the social, civic, psychological, HUMAN SERVICES authority, program purpose, project goals, and economic effects of providing to definition of terms, and program evaluation. individuals and families with limited Administration for Children and Part II: Program Objectives and means an incentive to accumulate assets Families Requirements: program priority areas, eligible applicants, project and budget by saving a portion of their earned [Program Announcement No. OCS±2000± periods, funds availability and grant income; 04] amounts, project eligibility and requirements, (2) the extent to which an asset-based non-Federal matching funds requirements, policy that promotes saving for Request for Applications Under the preferences, multiple applications, treatment postsecondary education, Office of Community Services' Fiscal of program income, and agreements with homeownership, and microenterprise Year 2000 Assets for Independence partnering financial institutions. development may be used to enable Part III: The Project Description, Program individuals and families with limited Demonstration Program (IDA Program) Proposal Elements and Review Criteria: purpose, project summary/abstract; means to increase their economic self- AGENCY: Office of Community Services objectives and need for assistance, results or sufficiency; and (OCS), Administration for Children and benefits expected, approach, organizational (3) the extent to which an asset-based Families, Department of Health and profiles, budget and budget justification, non- policy stabilizes and improves families Human Services. Federal resources, and evaluation criteria. and the community in which the ACTION: Announcement of availability of Part IV: Application Procedures: families live. funds and request for competitive application development/availability of There are some 100 IDA programs of forms, application submission, applications under the Office of various designs operating today in intergovernmental review, initial OCS different communities across the Community Services’ Assets for screening, consideration of applications, and Independence Demonstration Program. funding reconsideration. country. Most are quite new and all are Part V: Instructions for Completing in the process of learning what design SUMMARY: The Administration for Application Forms: SF424, SF424A, SF424B. features work best with a variety of Children and Families (ACF), Office of Part VI: Contents of Application and circumstances and target populations. Community Services (OCS), invites Receipt Process: content and order of Applicants are encouraged to contact eligible entities to submit competitive program application, acknowledgment of these programs to see what might be grant applications for new receipt. learned from their experiences: what demonstration projects that will Part VII: Post Award Information and pitfalls to avoid, what successes might Reporting Requirements: notification of grant establish, implement, and participate in award, attendance at evaluation workshops, be emulated or adapted. An excellent the evaluation of Individual reporting requirements, audit requirements, source of information and discussion Development Accounts for lower prohibitions and requirements with regard to about existing IDA programs is the income individuals and families. lobbying, applicable Federal regulations. website operated by the Corporation for Applications will be screened and Appendices: Application forms and Enterprise Development (CFED), and its competitively reviewed as indicated in required attachments. ‘‘IDA Learning Network’’ and related this Program Announcement. Awards Paperwork Reduction Act of 1995 ListServe. These can be reached at will be contingent on the outcome of the ‘‘www.idanetwork.org’’. competition and the availability of Public reporting burden for this C. Project Goals funds. collection of information is estimated to average 10 hours per response, DATES: To be considered for funding The ultimate goals of the projects to including the time for reviewing be funded under the Assets for applications must be postmarked on or instructions, gathering and maintaining before May 15, 2000. Applications Independence Demonstration Program the data needed and reviewing the are: postmarked after that date will not be collection information. accepted for consideration. See Part IV (1) to create, through project activities The project description is approved and interventions, meaningful asset of this announcement for more under OMB control number 0970–0139 information on submitting applications. accumulation opportunities for which expires 10/31/2000. recipients of Temporary Assistance for FOR FURTHER INFORMATION CONTACT: An agency may not conduct or Needy Families (TANF) and other Sheldon Shalit (202) 401–4807, sponsor, and a person is not required to eligible individuals and working [email protected], or Richard Saul respond to, a collection of information families. (202) 401–9341, [email protected], unless it displays a currently valid OMB (2) to evaluate the projects to Department of Health and Human control number. demonstrate the effectiveness of these Services, Administration for Children Part I. Background Information activities and interventions and of the and Families, Office of Community project designs through which they Services, 370 L’Enfant Promenade, SW, A. Legislative Authority were implemented, and the extent to Washington, DC, 20447. The Assets for Independence which an asset-based program can lead In addition, this Announcement is Demonstration Program (IDA Program) to economic self-sufficiency of members accessible on the OCS Website for was established by the Assets for of the communities served through one reading or downloading at: http:// Independence Act (AFI Act), under Title or more qualified expenses; and www.acf.dhhs.gov/programs/ocs/ under IV of the Community Opportunities, (3) thus to make it possible to ‘‘Funding Opportunities.’’ Accountability, and Training and determine the social, civic, The Catalog of Federal Domestic Educational Services Act of 1998 psychological, and economic effects of Assistance (CFDA) number for this (Pub.L. 105–285, 42 U.S.C. 604 Note). providing to individuals and families program is 93.602. The title is Assets for with limited means an incentive to Independence Demonstration Program B. Program Purpose accumulate assets by saving a portion of (IDA Program). The purpose of the program is, in the their earned income, and the extent to SUPPLEMENTARY INFORMATION: This language of the AFI Act: To provide for which an asset-based policy stabilizes program announcement consists of the establishment of demonstration and improves families and the seven parts plus appendices: projects designed to determine: community in which the families live.
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D. Definition of Terms (10) Project Year means, with respect (ii) Qualified Acquisition Costs means For the purposes of this to a funded demonstration project, any the cost of acquiring, constructing, or Announcement: of the 5 consecutive 12-month periods reconstructing a residence, including (1) AFI Act means the Assets for beginning on the date the project is usual or reasonable settlement, Independence Act (Title IV of the originally awarded a grant by ACF. financing, or other closing costs. Community Opportunities, (11) Qualified Entity means an entity (iii) Qualified First-Time Homebuyer Accountability, and Training and eligible to apply for and operate an means an individual participating in the Educational Services Act of 1998) which assets for independence demonstration project involved (and, if married, the authorizes this program. project, under Priority Area 1.0, as one individual’s spouse) who has no present (2) Custodial Account means an or more not-for-profit 501(c)(3) tax ownership interest in a principal alternative structure to a Trust for the exempt organizations, or a State or local residence during the 3-year period establishment of an Individual government agency or a tribal ending on the date on which a binding Development Account, as described in government submitting an application contract is entered into for purchase of PART II, Section G(5). jointly with such a not-for-profit the principal residence to which this (3) Eligible Individual means an organization. subparagraph applies. individual who meets the income and (12) Qualified Expenses means one or (C) Business Capitalization means net worth requirements of the program more of the expenses for which payment amounts paid from an individual as set forth in PART II, Section G(3)(a) may be made from an individual development account directly to a below. development account by a project business capitalization account that is (4) Emergency Withdrawal means a grantee on behalf of the eligible established in a Qualified Financial withdrawal of only those funds, or a individual in whose name the account Institution and is restricted to use solely portion of those funds, deposited by the is held, and is limited to expenses of (A) for qualified business capitalization eligible individual (Project Participant) post-secondary education, (B) first home expenses of the eligible individual in in an Individual Development Account purchase, and/or (C) business whose name the account is held. Within of such individual. Such withdrawal capitalization, as defined below: this definition: must be approved by the Project (A) Post-Secondary Educational (i) Qualified Business Capitalization Grantee, must be made for an allowable Expenses means post-secondary Expenses means qualified expenditures purpose as defined in the AFI Act and educational expenses paid from an for the capitalization of a qualified under the Project Eligibility individual development account business pursuant to a qualified plan, Requirements set forth in PART II of directly to an eligible educational when so certified by a Qualified Entity this Announcement, and must be repaid institution, and includes: (Grantee) as meeting the requirements of by the individual Project Participant (i) Tuition and Fees required for the sub-paragraphs (ii), (iii), and (iv) below. within 12 months of the withdrawal. enrollment or attendance of a student at (ii) Qualified Expenditures means [See PART II, Section G(7)(b)] an eligible educational institution. expenditures included in a qualified (5) Household means all individuals (ii) Fees, Books, Supplies, and plan, including but not limited to who share use of a dwelling unit as Equipment required for courses of capital, plant, equipment, working primary quarters for living and eating instruction at an eligible educational capital, and inventory expenses. separate from other individuals. (iii) Qualified Business means any (6) Individual Development Account institution, including a computer and necessary software. business that does not contravene any means a trust or a custodial account law or public policy (as determined by created or organized in the United (iii) Eligible Educational Institution means the following: the Secretary). States exclusively for the purpose of (iv) Qualified Plan means a business (I) Institution of Higher Education.— paying the qualified expenses of an plan, or a plan to use a business asset An institution described in Section 101 eligible individual, or enabling the purchased, which— eligible individual to make an or 102 of the Higher Education Act of (I) is approved by a financial emergency withdrawal, but only if the 1965. institution, a microenterprise written governing instrument creating (II) Post-Secondary Vocational development organization, or a the trust or custodial account meets the Education School.—An area vocational nonprofit loan fund having requirements of the AFI Act and of the education school (as defined in demonstrated fiduciary integrity; Project Eligibility and Requirements set subparagraph (C) or (D) of section 521(4) (II) includes a description of services forth in this Announcement. [See PART of the Carl D. Perkins Vocational and or goods to be sold, a marketing plan, II, Section G(4) and (5).] Applied Technology Education Act (20 and projected financial statements; and (7) Net Worth of a Household means U.S.C. 2471(4)) which is in any State (as (III) may require the eligible the aggregate market value of all assets defined in section 521(33) of such Act) individual to obtain the assistance of an that are owned in whole or in part by as such sections are in effect on the date experienced entrepreneurial advisor. any member of the household, exclusive of enactment of the AFI Act. (D) Transfers to Idas of Family of the primary dwelling unit and one (B) First-Home Purchase means Members—Amounts paid from an motor vehicle owned by a member of qualified acquisition costs with respect individual development account the household, minus the obligations or to a principal residence for a qualified directly into another such account debts of any member of the household. first-time homebuyer, if paid from an established for the benefit of an eligible (8) Project Grantee means a Qualified individual development account individual who is— Entity as defined in paragraph (11) directly to the persons to whom the (i) The individual’s spouse; or below, which receives a grant pursuant amounts are due. Within this definition: (ii) Any dependent of the individual to this Announcement. (i) Principal Residence means a main with respect to whom the individual is (9) Project Participant means an residence, the qualified acquisition allowed a deduction under section 151 Eligible Individual as defined in costs of which do not exceed 100 of the Internal Revenue Code of 1986. paragraph (3) above who is selected to percent of the average purchase price (13) Qualified Financial Institution participate in a demonstration project applicable to a comparable residence in means a Federally insured Financial by a qualified entity. the area. Institution, or a State insured Financial
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Institution if no Federally insured providing basic identifying and locating (2) Applications Submitted Jointly by Financial Institution is available. information (including address and State or Local Government Agencies or (14) Qualified Savings of the telephone) for those assigned to Tribal Governments and Tax Exempt Individual for the Period means the participate in both the treatment group Non-Profit Organizations aggregate of the amounts contributed by and control group. Joint applications by government an eligible individual from earned agencies and non-profit organizations income to the individual development Part II. Program Objectives and must clearly identify the joint account of the individual during the Requirements applicants; and the SF 424 Application period. (15) Secretary means the Secretary of The Office of Community Services for Federal Assistance must be signed Health and Human Services, acting (OCS) invites qualified entities to by one of the joint applicants. The through the Director of the Office of submit competing grant applications for applicant signing the SF 424 will be Community Services. new demonstration projects that will responsible for proper implementation (16) Tribal Government means a tribal establish, support, manage, and of the grant in accordance with the organization, as defined in section 4 of participate in the evaluation of approved work program and the terms the Indian Self-Determination and Individual Development Accounts for and conditions of the grant. (It may be Education Assistance Act (24 U.S.C. eligible participants among lower either the government agency applicant 450b) or a Native Hawaiian income individuals and working or a non-profit applicant). In either case, a Reserve Fund must be established for organization, as defined in section 9212 families. of the Native Hawaiian Education Act the Project by a non-profit Joint (20 U.S.C. 7912). A. Program Priority Areas Applicant, and maintained and (17) Trust Agreement means the managed as agreed by the Joint instrument by which an Individual There is one Program Priority Area Applicants. The Reserve Fund must be Development Account is established as under this program for Fiscal Year 2000: established in accordance with Section a trust in the partnering Financial Priority Area 1.0, under which OCS will G, Paragraphs (1) and (2), below; and Institution under PART II Section G(4). accept applications from Qualified where the project includes a group or (18) Trustee means the Qualified Entities as described below and in consortium of operating partner CBOs, Financial Institution responsible for Section G. Applications for continuation may include both a central and local management of an Individual of grants funded under Priority Area 2.0 Reserve Funds as described there. Such Development Account established as a of the Fiscal Year 1999 Assets For joint applications must also include: trust pursuant to a Trust Agreement. Independence Program Announcement (a) Proof of tax exempt status of the non-profit Joint Applicant, as described E. Program Evaluation are not covered by this Program Announcement; but will be the subject in Paragraph (1), above; and Section 414 of the Assets for of direct correspondence between OCS (b) A Joint Applicant Agreement, Independence Act requires that at least and the grantees. signed by the responsible officials of one Assets for Independence both Joint Applicants, setting forth the Demonstration funded project be B. Eligible Applicants responsibilities of each Joint Applicant selected as an ‘‘experimental site’’ for for implementation of the proposed (1) In General in-depth evaluation by the independent project, including management and research organization funded by ACF. Eligible applicants for the Assets for oversight of the Reserve Fund and Activity at the experimental site(s) will Independence Demonstration Program carrying out of the project activities and include the evaluation of a randomly Priority Area 1.0 are one or more not- interventions described in Element II of selected ‘‘treatment group’’ (of program for-profit 501(c)(3) tax exempt the proposal narrative. (See PART III, participants) and a ‘‘control group’’ (of organizations, or a State or local below.) The Joint Applicant Agreement nonparticipants) as well as in-depth government agency or a tribal should be the first Appendix to the interviews of families involved with the government submitting an application Application, and the responsibilities it project, which, in addition to the overall sets out should be described in the jointly with such a not-for-profit evaluation of the program and of each Project Narrative under Element II, organization. Not-for-profit Applicants, site, will be the basis for assessing how PART III, C. (below). asset accumulation affects lower income including those filing jointly with (3) Applications Submitted by a Lead individuals and families, as called for in government agencies or Tribal Agency on Behalf of a Consortium of the Act. Governments, must provide After FY 2000 grants are awarded, documentation of their tax exempt Community-Based Organizations (CBOs) OCS will solicit FY 1999 and FY 2000 status. The applicant can accomplish Where the Applicant is applying as grantees for expressions of interest in this by providing a copy of the the lead agency for a consortium of being designated as an experimental applicant’s listing in the Internal Community-Based Organizations site. The solicitation will specify the Revenue Service’s (IRS) most recent list (CBOs), each of these organizations activities and obligations such of tax-exempt organizations described in must be briefly described in the designation will entail; but they will Section 501(c)(3) of the IRS code or by Application, and background materials include recruitment of a sufficient providing a copy of their currently valid citing their relevant experience and staff number of eligible individuals to enable IRS tax exemption certificate or by capabilities should be included in the enrollment, within twelve months, of providing a copy of the articles of Appendix. In such cases the Applicant the treatment group and the control incorporation bearing the seal of the should document its capability and group, each to consist of at least 300 State in which the corporation or experience in managing such consortia, members, randomly selected by the association is domiciled. Failure to and the roles and responsibilities of all independent evaluator from among provide evidence of Section 501(c)(3) participating agencies should be clearly those recruited, and a commitment to tax exempt status will result in rejection set forth in signed Partnering assist in the evaluator’s collection of of the application. Agreements between the Applicant and baseline and follow-up data by each of the member CBOs. Copies of the
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Partnering Agreements should be amounts that will match non-Federal G. Project Eligibility and Requirements included in the Appendix, and the roles deposits into the Project Reserve Fund. under Priority Area 1.0 and responsibilities of each (See Section G. Paragraph (2) and To be eligible for funding under participating agency clearly explained Section I, below) Priority Area 1.0, projects must be in PART III, Element II(b), Project sponsored and managed by Qualified Design, and reflected in the Work Plan E. Funds Availability for Supplementing FY 1999 Grantees Entities and must meet the following under Element II(c). These explanations requirements: must include the plans for establishing As explained in the FY 1999 Assets (1) Reserve Fund one or more Reserve Fund(s), and how for Independence Program and where IDA Accounts and Parallel Announcement and noted above, Every project funded under this Match Accounts will be maintained. subject to availability of funds and the Announcement must establish and (See Section G. Paragraph (1), below.) progress of individual demonstration maintain a Reserve Fund in accordance C. Project and Budget Periods under projects, grantees may be offered the with this paragraph. Such Reserve Fund Priority Area 1.0 opportunity to submit requests for non- must be maintained in accordance with competitive supplementary funding the accounting regulations prescribed by This announcement is inviting the Secretary (See Attachment ‘‘L’’ to applications under Priority Area 1.0 for during the five-year project, if there were a determination that this would be this Announcement), in a Qualified project and budget periods of five (5) Financial Institution or other insured years. Grant actions, on a competitive in the best interest of the government, and subject to the availability of funds. financial institution satisfactory to the basis, will award funds for the full five Secretary. year project and budget period. As Pursuant to that Announcement noted below in Section E., subject to the approximately $2 million of FY 2000 Note: Where an applicant is lead agency for funds will be made available for a consortium or group of Community Based availability of funds, grantees may be Organizations (CBOs), each of which will be offered the opportunity to submit supplementary grants to FY 1999 grantees who were awarded less than implementing an IDA program under the applications for supplementary funding Applicant’s grant pursuant to this in later years during the five-year the maximum amount of $500,000. Announcement, the Applicant/lead agency project. Such grantees will be solicited must maintain a Reserve Fund into which all directly by OCS and will be considered required non-Federal share matching Note: Applicants should be aware that OCS contribution funds and OCS grant funds shall funds awarded pursuant to this for supplementary funding where they can demonstrate to the satisfaction of be deposited in accordance with sub- Announcement will be from FY 2000 funds Paragraph (a). The consortium has two and may not be expended after the end of the OCS: (1) A commitment of non-Federal alternatives for maintenance of Reserve five-year Project/Budget Period to support matching contributions at least equal to Fund(s) in its IDA programs: First, administration of the project or matching the supplementary grant requested; (2) a participating CBOs may all operate out of the contributions to Individual Development record of successful implementation of one central Reserve Fund maintained by the Accounts which may be open at that time. their existing grant to date; (3) a Applicant/lead agency. In this case separate Consequently, Applicants should consider proposed supplementary work program accounting structures would be maintained carefully the length of time participants will for each of the CBOs and the funds assigned need to achieve their savings goals and at that does not deviate from the goals and work program of the original funded for their use in accordance with agreements what point in the project they may wish to between the Applicant and each CBO. Or discontinue the opening of new accounts. project; and (4) unmet need for and second, in addition to the Central Reserve Applicants should provide assurance that in interest in individual development Fund, participating CBOs may each establish every case provision will be made for accounts by eligible individuals in the a local Reserve Fund in their community into payment of all promised matching deposits target population which could only be which the Applicant/lead agency will to IDA accounts opened by project satisfied through supplemental funding. deposit from the Central Reserve Fund the participants in the course of the Selection of grantees for supplementary funds (grant and non-Federal share) allocated demonstration project. funding will be made by OCS staff prior for use by the particular CBO. Central and D. Funds Availability and Grant to the review and selection of local Reserve Funds will be subject to all of Amounts under Priority Area 1.0 the requirements of this Section. Whatever applications under Priority Area 1.0, the arrangement, it must be spelled out and In Fiscal Year 2000 OCS expects and any funds not expended for agreed to in the Partnering Agreements approximately $5.4 million to be supplementary grants will be available required under Section B. Paragraph (3) available under Priority Area 1.0 for for project grants under Priority Area between the Applicant and each consortium funding commitments to approximately 1.0. member. 25 projects, not to exceed $500,000 and F. Funds Availability and Grant (a) Amounts in the Reserve Fund. As averaging $200,000 each for the five- Amounts for Continuation Funding of soon after receipt as is practicable, year project and budget periods. FY 1999 Priority Area 2.0 Grantees grantees shall deposit in the Reserve Applicants are reminded that grant Fund the non-Federal matching awards are limited to the amount of In Fiscal Year 2000 up to contributions received pursuant to the committed non-Federal cash matching approximately $1.86 million is expected ‘‘Non-Federal Share Agreement’’ or contributions; and that OCS recognizes to be available under Priority Area 2.0 Agreements reached with the that this is a limiting factor in the for up to two continuation grants of up provider(s) of non-Federal matching amount of grant funds requested. to approximately $930,000 each for the contributions. Once such non-Federal Applicants are assured that OCS will second budget year of a five-year State funds are deposited in the Reserve welcome requests for less than the project funded under Priority Area 2.0 Fund, grantees may draw down OCS maximum grant amounts, and are urged of the FY 1999 Assets for Independence grant funds in amounts equal to such to make realistic projections of project Program Announcement. Any funds not deposits. Similarly, as soon after receipt activity over the five year project and expended in FY 2000 for these as practical, grantees shall deposit in the propose project budgets accordingly. Continuation Grants will be available Reserve Fund the income received from Draw-down of grant funds over the five- for project grants under Priority Area any investment made of those funds (see year budget period will be made in 1.0. paragraph (d) below).
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(b) Use of Amounts in the Reserve evaluation data collection. As noted in (b) Participant Selection. In keeping Fund. Grantees shall use the amounts in Paragraph M, below, once funds have with the statutory preference in Section such Reserve Fund as follows: been committed as matching 405(d)(3) of the AFI Act for applications (A) At least 90.5% of the federal grant contributions to Individual that target individuals from funds, and an equal amount of the Development Accounts, then any neighborhoods or communities that required non-Federal share funds, shall income subsequently generated by such experience high rates of poverty or be used as matching contributions, funds must be deposited/credited to the unemployment, grantees in their equally divided between federal and credit of such accounts. selection of Project Participants may non-federal monies, to individual Note: No part of such income is to be restrict participation in such development accounts for project considered as a Federal funds contribution neighborhoods or communities targeted participants, in an agreed upon ratio to subject to the $2000/$4000 limitations under by their demonstration projects to deposits made in those accounts by Paragraph (5)(b), below. individuals and households with lower project participants from earned (e) Joint Project Administration. If two incomes and net worth than set forth income. or more qualified entities are jointly above, provided that they shall (B) At least 2% but no more than administering a project, none shall use nonetheless select individuals that they 9.5% of the Federal grant funds shall be more than its proportional share for the determine to be best suited to used toward the expense of collecting purposes described in subparagraphs (B) participate in the demonstration project. and providing to the research and (C), of paragraph (b). (4) Establishment of Individual organization evaluating the Development Accounts demonstration project the data and (2) Use of Grant Funds by State and information required for the evaluation. Local Government Agencies and Tribal Project Grantees must create, through (C) Up to 7.5% of the Federal grant Governments. written governing instruments, either (a) funds may be used for administration of As set forth in Section B. Paragraph Trusts, under this paragraph, or (b) the demonstration project and toward (2) above, grantees who are State or Custodial Accounts described in expenses of assisting project local government agencies or Tribal Paragraph (5) below, which will be participants to obtain the skills governments are required to submit Individual Development Accounts on (including economic literacy classes, applications jointly with tax exempt behalf of Project Participants. Trustees budgeting, and business management non-profit organizations. In such cases, of Trusts must be Qualified Financial skills), training, and information whether the lead applicant signing the Institutions. Custodians of Custodial necessary to achieve economic self- SF 424 is the government agency or the Accounts may be Qualified Financial sufficiency through activities requiring non-profit organization, a Reserve Fund Institutions, other insured financial qualified expenses. must be established for the Project by institutions satisfactory to the Secretary, (D) Up to 9.5% of the required the non-profit Joint Applicant and or Demonstration Project Grantees. In matching non-Federal funds may be maintained and managed as agreed by every case the Participant’s personal used for expenses outlined in the Joint Applicants. The Reserve Fund savings from earned income shall be Paragraphs (B) and (C), above, or other shall be subject to the requirements of deposited in the Participant’s Individual project-related expenses as agreed by Paragraph (1) above, and Section I, Development Account in a participating the Applicant and the providing entity. below. insured financial Institution. In every case the participating insured financial Note: If a grantee mobilizes matching non- (3) Eligibility and Selection of Project institution and the Demonstration Federal contributions in excess of the Participants required 100 percent match, such non- Project Grantee shall be parties to the Federal funds may be used however the (a) Participant Eligibility. Eligibility written governing instruments creating grantee and provider of the funds may agree. for participation in the demonstration the Trust or Custodial Account, which Where the use of such funds falls within a projects is limited to individuals who must contain the following provisions: Program Element/-Proposal Review Criterion are members of households eligible for (a) All contributions to the accounts which formed the basis for the grant award, assistance under TANF or of households must be either in cash, by check, money Grantees will be held accountable for whose adjusted gross income does not order, or by electronic transfer of funds. commitments of such excess matching funds exceed the earned income amount (b) The assets of the account will be and additional resources, even though over described in Section 32 of the Internal invested in accordance with the the amount of the required non-Federal direction of the Project Participant after match. Revenue Code of 1986, which establishes eligibility for the Earned consultation with the grantee and (c) Authority to Invest Funds. A Income Tax Credit (EITC)(taking into pursuant to the guidelines of the grantee shall invest the amounts in its account the size of the household), and Secretary (which will be issued prior to Reserve Fund that are not immediately whose net worth as of the end of the the making of grant awards and made needed for payment under paragraph calendar year preceding the available to grantees at the time of grant (b), in a manner that provides an determination of eligibility does not award). appropriate balance between return, exceed $10,000, excluding the primary (c) The assets of the account will not liquidity, and risk, and in accordance dwelling unit and one motor vehicle be commingled with other property with Guidelines which will be issued by owned by a member of the household. except in a common trust fund or the Secretary prior to making of grant parallel account or common investment awards and provided to grantees at the Note: The most recent EITC Earned Income fund. Guidelines which set the limits on annual (d) In the event of the death of the time of grant award. income for eligibility in the IDA Program are (d) Use of Investment Income. Income as follows: Project Participant, any balance generated from investment of Reserve —for a household without a child: $10,030 remaining in the account shall be Fund monies that are not allocated to —for a household with one child: $26,473. distributed within 30 days of the date of existing Individual Development —for a household with more than one child: death to another Individual Accounts may be added by grantees to $30,095. Development Account established for the funds committed to program Applicants are reminded that there is also the benefit of an eligible individual as administration, participant support, or an assets test for eligibility in the program.] directed by the deceased Participant in
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Participant may at their option direct withdrawal, (9) provision for Note: Deposits made by Project the disposition of any funds in the disposition of the funds in the account Participants shall be deemed to have been account which were deposited in the in the event of the Participant’s death made from earned income so long as the account by the Participant as he or she (see sub-Paragraph (d), above; and (10) Participant’s earned income (as defined in may see fit, except that where such provision for amendment of the Section 911(d)(2) of the Internal Revenue disposition is not to another Individual Agreement with the concurrence of both Code of 1986) during the period since the Development Account, all matching Grantee and Participant. Participant’s previous deposit in the account contributions made by the grantee to the (5) Custodial Accounts is greater than the amount of the current account, and any income earned As provided in Paragraph (4), above, deposit. Section 911(d)(2) provides, in thereby, shall be returned to the Reserve Grantees may, in the alternative, create, relevant part, ‘‘the term ‘earned income’ Fund. through written governing instruments, means wages, salaries, or professional fees, Note that this will mean that each Project Custodial Accounts which shall be and other amounts received as compensation Participant must provide such direction at Individual Development Accounts on for personal services actually rendered’’. the time the Individual Development behalf of Project Participants, except Matching contributions (as deposits to Account is established. Provision should be that they will not be trusts. As in the made by grantees for modification of such IDA accounts or to parallel accounts) directions during the course of the project, in case of trusts established under must be made to IDA’s in equal amounts the event of changing circumstances. paragraph (4), the written governing from Federal grant funds and the non- instruments of the accounts must (e) Except in the case of the death of Federal public and private funds contain the requirements outlined in committed to the project as matching the Project Participant, amounts in the subparagraphs (a) through (g) of that account attributable to deposits by the contributions, as described in Section I paragraph, with the following grantee from grant funds and matching below, and Sections 405(c)(4) and exceptions. Whereas trustees of the non-federal contributions, and any 406(b)(1) of the AFI Act. Such matching trusts created under Paragraph (4) must interest thereon, may be paid, contribution deposits by grantees may be Qualified Financial Institutions, the withdrawn or distributed out of the be from $0.50 to $4 in non-Federal assets of the custodial account may be account only for the purpose of paying funds and an equal amount in Federal held by a bank or another ‘‘person’’ (or qualified expenses of the Project grant funds, for each dollar of earned institution) who demonstrates to the Participant including transfers under income deposited in the account by the satisfaction of the Secretary that the Paragraph (7)(d), below). Project Participant in whose name the (f) The procedures governing the manner in which the account will be account is established. Once such equal withdrawal of funds from the Individual administered will be consistent with the matching contribution deposits are Development Account, for both provisions of the AFI Act, and that the made, grantees may make additional Qualified Expenses and Emergency IDA’s will be created and maintained as matching contributions to IDA’s from Withdrawals, which comply with the described in paragraph (4) and Section other non-Federal sources, or other provisions of Paragraph (7) Withdrawals 404(5)(A) of the AFI Act. In addition, in Federal sources, such as TANF, where from Individual Development Accounts, the case of a custodial account treated the legislation or policies governing below. as a trust by reason of this paragraph, such programs so permit. Such (g) a ‘‘Savings Plan Agreement’’ the custodian of such account may be additional matching contributions between the grantee and the Project the Project Grantee, provided that it can would not be a use of funds falling Participant, which may be incorporated assure compliance with the within any Program Element/Proposal by reference, and which should include: requirements of Paragraph (4) above, Review Criterion under Part III below, (1) Savings goals (including a proposed and Section 404(5)(A) of the AFI Act. which formed the basis for the grant schedule of savings deposits by the These arrangements would place the award, and as such, grantees will not be Participant from earned income, which ‘‘custodial’’ responsibilities with the held accountable for their commitment may be for a period of less than five grantee, and relieve financial to the project. years); (2) the rate at which participant institutions of trustee obligations. The At the time matching contribution savings will be matched (from one Secretary has determined that the assets deposits are made, the grantee will also dollar to eight dollars for each dollar in of any such accounts must be held in an savings deposited by Participant, the insured financial institution and be deposit into the Individual Federal grant funds portion of which subject to the provisions of Paragraph Development Account (or the parallel may not exceed $2000 during the five- M, below, pertaining to agreements account) any interest or income that has year project period); (3) the proposed between applicants/grantees and accrued since the previous deposit on qualified expense for which the participating financial institutions. amounts previously deposited in or credited to that account. Account is maintained, (4) agreement by (6) Deposits in Individual Development (b) Limitations on Matching the grantee to provide and the Accounts Participant to attend classes in Contributions. Over the course of the Economic Literacy; (5) any additional (a) Matching Contributions. Not less five year demonstration, not more than training or education related to the than once every three months during the $2,000 in Federal grant funds shall be qualified expense which the Grantee demonstration project grantees will provided through matching agrees to provide and of which the make deposits into Individual contributions to any one individual; and Participant agrees to partake, (6) Development Accounts as matching not more than $4,000 shall be provided contingency plans in the event that the contributions to deposits from earned to IDA’s in any one household. [As Participant exceeds or fails to meet income made by Project Participants noted in Paragraph (1)(d), above, no part projected savings goals or schedules, (7) during the period since the previous of any investment income earned by any agreement as to investments of deposit. Such deposits may be made monies in the Reserve Fund is to be assets described in subparagraph (b), either into the accounts themselves or considered as a Federal funds above, (8) an explanation of withdrawal into a parallel account maintained by contribution subject to this limitation.]
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(7) Withdrawals from Individual allowed a deduction under section 151 Individual Development Accounts then Development Accounts of the Internal Revenue Code of 1986. open and being maintained by the grantee as part of the demonstration (a) Limitations. Under no H. Project Eligibility and Requirements project. circumstances may funds be withdrawn under Priority Area 2.0 from an Individual Development Thus, for example, if the provider of As previously noted in Part II Section Account earlier than six months after non-Federal share only agrees to a fixed A, there is no Priority Area 2.0 under the initial deposit by a Project schedule of deposits, this non-Federal this Announcement. Applications for Participant in the Account. Thereafter share requirement can be met by the continuation of grants funded under funds may be withdrawn from such Applicant agreeing to a schedule for Priority Area 2.0 of the Fiscal Year 1999 account only upon written approval of opening new accounts that will assure Assets For Independence Program the Project Participant and of a that new IDA accounts will only be Announcement will be the subject of responsible official of the project opened when there are sufficient funds direct correspondence between OCS and grantee, and only for one or more in the Reserve Fund to meet the the grantees. Qualified Expenses (as defined in Part I) maximum amount of matching or for an Emergency Withdrawal. I. Non-Federal Matching Funds contributions pledged under the (b) Emergency Withdrawals. An Requirements ‘‘Savings Plan Agreements’’. Emergency Withdrawal may only be of Grantees must mobilize at least one Where the Applicant is itself those funds, or a portion of those funds, hundred percent of the OCS grant providing any of the required cash non- deposited in the account by the Project amount in cash non-Federal share for Federal share, it must include a Participant, and for the following deposit to the Reserve Fund as matching statement of commitment, on applicant purposes: contribution. Public sector resources letterhead, signed by the official signing (i) Expenses for medical care or that can be counted toward the the SF 424 and countersigned by the necessary to obtain medical care for the minimum required match include funds Applicant’s Board Chairperson or Project Participant or a spouse or from State and local governments, and Treasurer, that the non-Federal dependent of the Participant; funds from various block grants matching funds will be provided, (ii) Payments necessary to prevent allocated to the States by the Federal contingent only on the OCS grant eviction of the Project Participant from, Government provided that the award, and that non-Federal share or foreclosure on the mortgage for, the authorizing legislation for these grants deposits to the Reserve Fund and the principal residence of the Participant; permits such use. Note, for example, opening of Individual Development (iii) Payments necessary to enable the Accounts will be coordinated so that Project Participant to meet necessary that Community Development Block Grant (CDBG) funds may be counted as new accounts will only be opened when living expenses (food, clothing, there are sufficient funds in the Reserve shelter—including utilities and heating matching funds; Community Services Block Grant (CSBG) FUNDS MAY NOT. Fund to cover the maximum matching fuel) following loss of employment. requirements of the Savings Plan (c) Reimbursement of Emergency With regard to State TANF funds, any Agreements. Withdrawals. A Project Participant shall State funds that comprise Maintenance With regard to Applicants which are reimburse an Individual Development Of Effort (MOE) under the TANF State or local government agencies or Account for any funds withdrawn from regulations may NOT be used as Tribal governments, submitting jointly the account for an Emergency required non-Federal share under this Withdrawal, not later than 12 months Announcement. (But see discussion of with tax exempt non-profit after the date of the withdrawal. If the additional matching contributions in organizations, note that under Section G Participant fails to make the Paragraph (6)(a), above.) Paragraphs (1) and (2), above, Reserve reimbursement, the Project Grantee To be considered for funding an Funds are required to be established as must transfer the funds deposited into Application must include a copy of a in other applications/projects. the account or a parallel account from ‘‘Non-Federal Share Agreement’’ or OCS has determined that the strict Federal and non-Federal matching Agreements in writing executed by the legislative limitations on the use of contributions, and any income Applicant and the organization or Federal grant funds and of the minimum generated thereby, back to the Reserve organizations providing the required required non-Federal match (at least Fund of the grantee, and use the funds non-Federal matching contributions, 90.5% of each must go toward matching to benefit other individuals signed for the organization by a person deposits in Individual Development participating in the demonstration authorized to make a commitment on Accounts) mean that important training, project involved. Any remaining funds behalf of the organization, and signed counseling and support activities, deposited by the Project Participant for the Applicant by the person signing critical to the success of a project, may (plus any income generated thereby) the SF424. Such Agreement(s) must best be supported by additional shall be returned to such Project include: (1) A commitment by the resources, both of the applicant itself Participant. organization to provide the non-Federal and mobilized by the applicant in the (d) Transfers to Individual funds contingent only on the grant community. Consequently, Applicants Development Accounts of Family award; and (2) an agreement as to the are encouraged to mobilize additional Members. At the request of a Project schedule of the opening of Individual resources, which may be cash or in-kind Participant, and with the written Development Accounts by the contributions, Federal or non-Federal, approval of a responsible official of the Applicant, and the schedule of deposits for support of project administration grantee, amounts may be paid from an by the organization to the project’s and assistance to Project Participants in individual development account Reserve Fund, such that the two obtaining skills, knowledge, and needed directly into another such account schedules will together assure that there support services. (See PART III, Element established for the benefit of an eligible will be at all times in the Reserve Fund V) Applicants are reminded that they individual who is— non-Federal matching contribution will be held accountable for (i) The Participant’s spouse, or funds sufficient to meet the maximum commitments of such additional (ii) Any dependent of the Participant pledges of matching contributions under resources even if over the amount of the with respect to whom the Participant is the ‘‘Savings Plan Agreements’’ for all required non-Federal match.
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J. Preferences Reserve Fund to program Part III. The Project Description, In accordance with the provisions of administration, participant support, or Program Proposal Elements and Review the AFI Act, in considering an evaluation data collection. However, Criteria application to conduct a demonstration once funds have been committed as A. Purpose project under this Announcement, OCS matching contributions to Individual Development Accounts, then any The project description provides the will give preference to an application major means by which an application is income subsequently generated by such that: evaluated and ranked to compete with (1) Demonstrates the willingness and funds must be deposited other applications for available ability of the applicant to select eligible proportionately to the credit of such assistance. The project description individuals for participation in the accounts. should be concise and complete and project who are predominantly from Note: No part of such income is to be should address the activity for which households in which a child (or considered as a Federal funds contribution Federal funds are being requested. children) is living with the child’s subject to the $2000/$4000 limitations under Supporting documents should be biological or adoptive mother or father, Section G Paragraph (6)(b), above. included where they can present or with the child’s legal guardian. information clearly and succinctly. Note: Applications that target TANF M. Agreements With Partnering Applicants are encouraged to provide recipients will be deemed to have met this Financial Institutions information on their organizational preference. structure, staff, related experience, and (2) Provides a commitment of non- All applicants under this other information considered to be Federal funds with a proportionately Announcement must enter into relevant. Awarding offices use this and greater amount of such funds committed agreements with one or more insured other information to determine whether from private sector sources; and Financial Institutions, in collaboration the applicant has the capability and (3) Targets individuals residing with which Reserve Funds and resources necessary to carry out the within one or more relatively well- Individual Development Accounts will proposed project. It is important, defined neighborhoods or communities be established and maintained. To be therefore, that this information be (including rural communities) that considered for funding, an Application included in the application. However, experience high rates of poverty or must include a copy of an Agreement or in the narrative the applicant must unemployment. Agreements with one or more partnering distinguish between resources directly Note: Applications which target residents Qualified Financial Institutions (or in related to the proposed project from of Empowerment Zones, Enterprise the case of Individual Development those that will not be used in support Communities, Public Housing, or CDFI Fund- Accounts established as Custodial of the specific project for which funds designated Distressed Communities will be Accounts, an insured financial are requested. deemed to have met this preference. (For institution satisfactory to the Secretary), information on CDFI Fund designation of B. Project Summary/Abstract which state(s) that the accounting Distressed Communities applicants may visit Provide a summary of the project the CDFI Help Desk Website at: http:// procedures to be followed in account description (a page or less) with www.cdfifundhelp.gov.) management will conform to Guidelines reference to the funding request. Each of these preferences will be (CFR Part 74) established by the Applicants should provide a Project valued at 2 points in the Application Secretary Summary of not more than one page Review process, so that applicants not Note: Such regulations may be found as which should be placed at the beginning meeting these preferences will have 2 Attachment ‘‘L’’ to this Announcement. of the Application (and will not be points subtracted from its score for a counted as a part of the Project given Proposal Element for each and under which the partnering insured Narrative/Description). The Project preference not met. [Preferences (1) and Financial Institution agrees to provide Summary should be on Applicant’s (3) fall under Proposal Element II(a); data and reports as requested by the letterhead. It should open with a brief Preference (2) falls under Proposal applicant. In the case of IDA’s identification of the geographic area to Element V(a)]. In the case of a established as Trusts under Section G be served, indicating poverty and consortium of CBO’s operating programs Paragraph (4), above, the partnering unemployment rates, and the specific funded through a lead agency, if a financial institution must be a Qualified population to be targeted by the project, majority of the participating CBO’s meet Financial Institution as defined in PART followed by the amount of the grant these legislative preferences, the I Section D(12). In the case of IDA’s requested, the name of partnering Application as a whole will be awarded established as Custodial Accounts, the financial institution(s) and collaborating these points. partnering financial institution must be CBO’s (if applicable), the amount of required non-Federal match committed, K. Multiple Applications insured and must meet the requirements of Section G Paragraph (5), above, to the number of IDA accounts projected to be Qualified Entities may submit more satisfaction of the Secretary. opened in the course of the than one application for different Demonstration Project, the proposed demonstration projects, but no more The Agreement may also include rate of matching contributions, and the than one such application will be other services to be provided by the types and numbers of ‘‘Qualified funded to the same Qualified Entity partnering Financial Institution that Expenses’’ expected to be achieved by pursuant to this Announcement. could strengthen the program, such as participants. This should be followed by L. Treatment of Program Income Financial Education Seminars, favorable a brief narrative description of the pricing or matching contributions project indicating any of its innovative As noted in Section G Paragraph provided by the Financial Institution, aspects. (1)(d), above, income generated from investment of unallocated funds in the and assistance in recruitment of Project C. Objectives and Need for Assistance Reserve Fund may be added to the Participants. Clearly identify the physical, funds already committed from the economic, social, financial,
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Organization Profiles of the project must be clearly stated; Each application which passes the Provide information on the applicant initial screening will be assessed and supporting documentation, such as organization(s) and cooperating partners letters of support and testimonials from scored by three independent reviewers. such as organizational charts, financial concerned interests other than the Each reviewer will give a numerical statements, audit reports or statements applicant, may be included. Any score for each application reviewed. relevant data based on planning studies from CPAs/Licensed Public These numerical scores will be should be included or referred to in the Accountants, Employer Identification supported by explanatory statements on endnotes/footnotes. Incorporate Numbers, names of bond carriers, a formal rating form describing major demographic data and participant/ contact persons and telephone numbers, strengths and weaknesses under each beneficiary information, as needed. In child care licenses and other applicable criterion published in the developing the project description, the documentation of professional Announcement. Scoring will be based applicant may volunteer or be requested accreditation, information on on a total of 100 points, and for each to provide information on the total compliance with Federal/State/local application will be the average of the range of projects currently being government standards, documentation scores of the three reviewers. conducted and supported (or to be of experience in the program area, and The competitive review of proposals initiated), some of which may be other pertinent information. Any non- will be based on the degree to which outside the scope of the program profit organization submitting an applicants: (1) Adhere to the requirements in announcement. application must submit proof of its PART II and incorporate each of the non-profit status in its application at the D. Results or Benefits Expected Elements and Sub-Elements below into time of submission. The non-profit Identify the results and benefits to be their proposals, so as to: agency can accomplish this by derived. For example, describe the (2) Describe convincingly a project population to be recruited to the IDA providing a copy of the applicant’s that will develop new asset program, how many accounts are listing in the Internal Revenue Service’s accumulation opportunities for TANF projected to be opened, what qualified (IRS) most recent list of tax-exempt recipients and other eligible individuals expenses are expected to be achieved, organizations described in Section and working families that can lead to a and how they will assist participants to 501(c)(3) of the IRS code, or, by transition from dependency to economic move towards self-sufficiency. providing a copy of the currently valid self-sufficiency through the IRS tax exemption certificate, or, by accumulation of assets and the pursuit E. Approach providing a copy of the articles of of activities requiring one or more Outline a plan of action which incorporation bearing the seal of the qualified expenses; and describes the scope and detail of how State in which the corporation or (3) Provide for the collection and the proposed work will be association is domiciled. validation of relevant data to support accomplished. Account for all functions the national evaluation to be carried out or activities identified in the G. Budget and Budget Justification by the independent research application. Cite factors which might organization, under contract with ACF, Provide a line item detail and detailed accelerate or decelerate the work and of the project design, implementation, calculations for each budget object class state your reason for taking the and outcomes of this Demonstration proposed approach rather than others. identified on the Budget Information Program. Describe any unusual features of the form. Detailed calculations must In order to simplify the application project such as design or technological include estimation methods, quantities, preparation and review process, OCS innovations, reductions in cost or time, unit costs, and other similar quantitative seeks to keep grant proposals cogent and or extraordinary social and community detail sufficient for the calculation to be brief. Applications with project involvement. duplicated. The detailed budget must narratives (excluding Project Summaries Provide quantitative monthly or also include a breakout by the funding and appendices) of more than 30 letter- quarterly projections of the sources identified in Block 15 of the SF– sized pages of 12 c.p.i. type or accomplishments to be achieved for 424. equivalent on a single side will not be each function or activity in such terms Provide a narrative budget reviewed for funding. Applicants as the number of people to be served justification that describes how should prepare and assemble their and the number of accounts opened. categorical costs are derived. Discuss project description using the following When accomplishments cannot be the necessity, reasonableness, and outline of required project elements. quantified by activity or function, list allocability of the proposed costs. They should, furthermore, build their them in chronological order to show the project concept, plans, and application schedule of accomplishments and their H. Non-Federal Resources description upon the guidelines set target dates. forth for each of the project elements. Identify the kinds of data to be Amounts of non-Federal resources Project descriptions are evaluated on collected, maintained, and/or that will be used to support the project the basis of substance, not length. Pages disseminated. Note that clearance from as identified in Block 15 of the SF–424. should be numbered and a table of the U.S. Office of Management and The firm commitment of these resources contents should be included for easy Budget might be needed prior to a must be documented and submitted reference. For each of the Project ‘‘collection of information’’ that is with the application in order to be given Elements or Sub-Elements below there ‘‘conducted or sponsored’’ by ACF. List credit in the review process. A detailed is at the end of the discussion a organizations, cooperating entities, budget must be prepared for each suggested number of pages to be consultants, or other key individuals funding source. devoted to the particular element or who will work on the project along with sub-element. These are suggestions
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Organizational Experience in working with financial institutions appears likely to result in the and Administrative Capability; Ability and budget related problems of the poor, establishment of a workable, fiscally To Assist Participants. (0 to 20 points) and experience with the target sound program that will provide a Criterion: The capability and relevant population. Because this is a structure of incentives and supports for TANF recipients and other working experience of the applicant and its demonstration project within an families of limited means that will partners and collaborators in developing already-established agency, OCS expects enable them to increase their economic and operating programs which deal with that the key staff person(s) would be poverty problems similar to those to be self sufficiency through economic identified, if not hired, in which case a literacy training and asset accumulation addressed by the proposed project, resume or resumes should be included including the provision of supportive for one or more ‘‘qualified expenses’’. in the Appendix. If the person or OCS seeks to learn from the services to TANF recipients and other persons have not been identified, then low income individuals and working application why and how the project as Position Description(s) should be proposed is expected to establish the families seeking to achieve economic included in the Appendix. stability and self-sufficiency, as well as creation of new opportunities for asset with evaluations and data collection; Finally, the application should cite accumulation by eligible individuals and in recruiting, educating, and the roles, responsibilities, and and families that can lead to significant assisting project participants to increase experience of any other organizations improvements in individual and family their economic independence and that will be collaborating with the self-sufficiency through activities general well-being through economic Applicant to assist and support Project requiring one or more qualified literacy education and the accumulation Participants in the pursuit of their goals expenses: for post-secondary education, of assets. under the project. Supporting home ownership, and/or qualified Applications should briefly cite a few documentation concerning these business capitalization. specific, concrete examples of partnering agencies should be included Applicants are urged to design and successful programs and activities, with in the Appendix to the proposal. present their project in terms of a conceptual cause-effect framework that accomplishments, with which applicant Where the Applicant is applying as has been involved which have makes clear the relationship between the lead agency for a consortium of contributed to its experience and what the project plans to do and the Community-Based Organizations capability to carry out the proposed results it expects to achieve. (CBOs), each of these organizations project. This should include experience Sub-Element II(a). Description of Target in working with the target or similar should be briefly described in this section of the Project Narrative; and Population, Analysis of Need, and populations, as well as collaborative Project Assumptions (0–15 points) programming and operations which background materials citing their involve financial institutions and relevant experience and staff In this sub-element of the proposal financial planning, budget counseling, capabilities should be included in the the applicant must precisely identify the educational guidance, preparation for Appendix. In such cases the Applicant target population(s) to be served. The home ownership, and/or self- should document its capability and geographic area to be impacted should employment training. experience in managing such consortia, then be briefly described, citing the Applications should identify and the roles and responsibilities of all percentage of residents who are low- applicant agency executive leadership participating agencies should be clearly income individuals and TANF in this section and briefly describe their set forth in Partnering Agreements recipients, as well as the unemployment involvement in the proposed project between the Applicant and each of the rate, and other data that are relevant to and provide assurance of their member CBOs. Copies of the the project design. commitment to its successful Agreements should be included in the Note: Both the poverty rate and implementation. (This can be achieved Appendix, and the roles and unemployment rate of the target by a statement or letter from agency responsibilities clearly explained in community(s) are needed to be set forth in the Application so that its eligibility for the executive leadership which may be Element II(b), Project Design, and included in the Appendix.) The legislative preference may be determined (see reflected in the Work Plan under below). application should note and justify the Element II(c). priority that this project will have The project design or plan should within the agency including the It is suggested that applicants use no begin with identifying the underlying facilities and resources that it has more than 5 pages for this sub-Element, assumptions about the program. These available to carry it out. not counting actual resumes or position are the beliefs on which the proposed The application must also identify the descriptions, which should be included program is built. They should begin individual staff person(s) who will have in an Appendix to the proposal. with assumptions about the strengths the most responsibility for managing the Background materials on consortium and needs of the population(s) to be project, coordinating services and members (if any) and other collaborating served; about how the accumulation of activities for participants and partners, agencies, supportive materials, and assets will enable project participants to and for achieving performance targets. Partnering Agreements with CBOs build on those strengths in their quest The focus should be on the should also be included in the to achieve self-sufficiency; and about qualifications, experience, capacity and Appendix. what anticipated needs of the commitment to the program of the key participants could be barriers to that staff person(s) who will administer and achievement.
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In other words, the underlying child (or children) is living with the child’s Expense’’ (and beyond, if appropriate). assumptions of the program are the biological or adoptive mother or father, or It is suggested that the description applicant’s analysis of the participant with the child’s legal guardians. generally follow the outline below, plus strengths and potential to be supported (Applications which target TANF recipients any additional activities that the will be deemed to have met this preference); and their needs and problems to be and Applicant proposes to undertake as part addressed by the project, and the (2) target individuals residing within one of its project: applicant’s theory of how its proposed or more relatively well-defined (1) How/where does the potential interventions will address those neighborhoods or communities (including participant learn information about the strengths and needs to achieve the rural communities, public housing Project that will excite his/her interest? desired result. Thus a strong application developments, Empowerment Zones and (Recruitment) is based upon a clear description of the Enterprise Communities) that experience (2) Once interested, how, when, by strengths, opportunities, needs and high rates of poverty or unemployment. whom, and on what basis is the recruit problems to be supported and (Applications which target residents of selected to participate in the project? Empowerment Zones, Enterprise (Selection) addressed, and a persuasive Communities, Public Housing, or CDFI Fund- understanding of the nature of the (3) How and when and with what designated Distressed Communities will be assistance (Case Management? Family opportunities and causes of the deemed to have met this preference.) (See problems. PART II, Section J) Development?) does the new participant The application should include a make decisions concerning the amount Each of these preferences will be discussion of the identified personal of weekly or monthly savings and the valued at 2 points in the proposal barriers to employment, job retention selection of ‘‘Qualified Expense’’? Or is review, so that the absence of one will and greater self-sufficiency faced by the this part of the Selection Process? reduce the review score for the sub- population to be targeted by the project. (Orientation?) Element by 2 points; the absence of both (These might include such problems as (4) When and where and with whom will reduce the review score by 4 points. illiteracy, substance abuse, family does the Participant reach agreement on In the case of a consortium of CBOs violence, lack of skills training, health and sign a ‘‘Savings Plan Agreement’’? operating programs funded through a or medical problems, need for childcare, [Include here a brief discussion of the lead agency, if a majority of the lack of suitable clothing or equipment, provisions of the Agreement, or refer to participating CBOs meet these or poor self-image.) The application a sample provided in the Appendix.] legislative preferences, the Application should also include an analysis of the (Savings Plan Agreement) as a whole will be awarded these points. identified community systemic barriers (5) Where, when and how does the It is suggested that applicants use no which the applicant will seek to Participant actually open his/her IDA more than 5 pages for this Sub-Element, overcome. These might include lack of account with the Insured Financial not including any more detailed public transportation; lack of markets; Institution? Where is the Institution in information about separate target unavailability of financing, insurance or relation to the Participant’s home/place populations, which should be included bonding; inadequate social services of work? How does the Participant get in the Appendix. (employment service, child care, job to the Institution? [Include here a brief training); high incidence of crime; lack Sub-Element II(b). Project Approach and discussion of the role of the Financial of housing; inadequate health care; or Design: Interventions, Outcomes, and Institution in account management, data environmental hazards. Applicants Goals (0–20 points) collection and reporting, and any other should be sure not to overlook the services it will provide, referring to The Application should outline a plan copies of the agreement(s) with the personal and family services and of action which describes the scope and support needed by project participants Financial Institution(s) in the detail of how the proposed activities Appendix.] (Opening of the IDA/Role of which will enhance job retention and will be undertaken. This Sub-Element advancement, so as to assure continued the Financial Institution) should begin with a concise statement (6a) How and where will participant ability to save from earned income, and of the number of IDAs that are proposed which will also help to assure that make savings deposits? In person? By to be established for each of the mail? Through payroll deduction? benefits attainable through asset ‘‘Qualified Expenses’’ under the AFI accumulation are not diverted by crises (Savings Deposits) Act, the projected monthly savings by (6b) What happens if a scheduled beyond the participants’ control which IDA holders and the planned rate of deposit is missed? Will the participant would lead to emergency withdrawals. matching contributions, and the be sent a post card? Receive a Where applicant is the lead agency for projected savings goals of the a group or consortium of CBOs, this supportive phone call? (Delinquency) participants. The applicant should (7) Where and when and from whom narrative should briefly summarize the demonstrate that projected savings goals does the participant receive ‘‘Economic location, character, and unemployment have a true relation to the ability of the Literacy’’ or ‘‘Budgeting’’ training, and and poverty status of the different target Participant to save and to the value or do childcare and transportation need to populations. More detailed information cost of the ‘‘Qualified Expense’’ for be provided? (Training and Support) for each of the participating CBOs which the IDA is to be used, be it (8a) Where and when and from whom should be included in the Appendix to housing, postsecondary education, or does the participant receive needed the Application. business capitalization. support to remain on the job with Note: In accordance with the legislative Next, the Applicant should present a opportunity for advancement (So as to preferences set forth in PART II Section J, clear and straightforward description, assure continued savings from earned above, the maximum score for this sub- from the point of view of the Project income)? (Post Employment Support Element in the review of applications under Participant, of just how the proposed Priority Area 1.0 will only be given to Services) applications which: IDA Project will operate. This (8b) Where and when and from whom (1) demonstrate the willingness and ability description should take an eligible does the participant receive emergency of the applicant to select individuals for member of the target population through services so as to avoid having to make participation in the project who are project activities from recruitment Emergency Withdrawals? (Crisis predominantly from households in which a through the payment for the ‘‘Qualified Intervention)
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(9) Where and when and from whom be enrolled in each quarter, the number Evaluation Criteria 3: Budget and does the participant receive ‘‘Qualified of Individual Development Accounts Budget Justification Expenditure’’ training related to home projected to be opened in each quarter Element III. Appropriateness of Budget ownership, pursuit of educational goals, for each of the ‘‘Qualified Expenses’’, and Proposed Use of Cash and In-Kind or business plan development and the number and amount of projected Resources. (0–5 points) business management? (Qualified deposits in each quarter, a projected Expenditure Support) schedule of IDA completions and Criteria: Completeness of the Budget (10) When the IDA savings/match qualified expense payments, and the Justification, and the degree to which a goals have been achieved, where, when number and types of services provided description of the allocation of both and how does the participant make or cash and in-kind resources available to to participants. The plan should briefly arrange withdrawals to support the the project (including any income describe the key project tasks, and show ‘‘Qualified Expenses’’? (Withdrawals) generated for the project by the Reserve In this description the applicant the timelines and major milestones for Fund) demonstrates a thoughtful plan should discuss all of the planned their implementation. Where the that reflects the needs of Project activities and interventions, including Applicant is a lead agency for a group Participants and the responsive those supported by other available or consortium of CBOs, this information activities and interventions to be resources, and should explain the should be broken out for each of the undertaken by the Applicant and its reasons for taking the approaches member CBOs. Applicant may be able to partners. proposed. The description should give a use a time line chart to convey this Every application must include a clear picture of how the project as a aspect of the work plan in minimal Budget Justification, placed after the whole will operate from day to day, space. Budget Forms SF 424 and 424A, including the recruiting, financial, Note: Applicants should make sure that explaining the sources and uses of program support, and data collection these projections relate accurately to the project funds. The Budget Justification responsibilities of the applicant and any amount of grant funds requested and rates of will not be counted as part of the Project partners in the project, and just how matching contributions that are planned for Description subject to the thirty page they will interact with the financial IDA’s. In other words, applicants should not limitation. Applicant should briefly but institutions and other participating project a greater number of IDA accounts thoroughly describe how all of the agencies. than that number that can be matched by the resources available to the Project will be Where the Applicant is a lead agency grant funds that will be available to the employed to carry out the Work Plan for a group or consortium of CBOs, the project. Applicants should also be aware that described in Element II, including those role of each must be clearly defined in OCS funds awarded pursuant to this training elements and support services this section of the application. In such Announcement will be from FY 2000 funds designed to help assure participant cases Applicants should attach copies of and may not be expended after the end of the success in meeting their savings signed Partnering Agreements with each five-year Project/Budget Period to support commitments and their chosen of the member CBOs setting forth the administration of the project or matching ‘‘qualified expense’’ use of their roles and responsibilities of each. (See contributions to Individual Development Individual Development Account assets. Element I and PART II Section B.(3) Accounts which may be open at that time. In the budget forms and supporting above.) Consequently, Applicants should consider Budget Justification, Applicants must Finally, and following the above carefully the length of time participants will clearly distinguish between AFI Act/ description, the Applicant should need to achieve their savings goals and at OCS grant funds and other funds, and explain how the proposed project what point in the project they may wish to between cash and in-kind resources activities will result in outcomes which discontinue the opening of new accounts. described. will build on the strengths of the Applicants should provide assurance that in As noted above, the Budget Program Participants and assist them to every case provision will be made for Justification will not be counted as part overcome the identified personal and payment of all promised matching deposits of the Project Description subject to the systemic barriers to achieving self- to IDA accounts opened by project thirty page limitation. sufficiency. In other words, what will participants in the course of the the project staff do with the resources demonstration project. Evaluation Criteria 4: Approach II available to the project and how will Element IV. Project Data: Adequacy of This Element of the Proposal should what they do (interventions) assist Plan for Collecting, Validating and project participants to accumulate assets also include a management plan or chart Providing Project-related Data for in Individual Development Accounts showing the responsibilities of the Management Information, Reporting, and use those assets for ‘‘Qualified applicant agency, key personnel, and all and Evaluation Purposes. (0–5 points) Expenses’’ in a manner that will help partnering agencies and consortium lead them to self-sufficiency? members (where applicable), with an Criteria: Adequacy of the plan for It is suggested that applicants use no indication of who will be performing collecting, validating and providing more than 9 pages for this Sub-Element, various tasks such as recruiting, relevant, accurate and complete data for internal management information, not including copies of agreements with training, economic education statutory reporting and project financial institutions, partnering instruction, and support activities. (This evaluation purposes; and clear agencies or CBO’s, or sample ‘‘Savings plan or chart should be included in the expression of a commitment to Plan Agreement’’, which should be in Appendix to the Application.) an Appendix. cooperation with the statutorily It is suggested that applicants use no mandated evaluation of the national Sub-Element II(c). Work Plan, more than 3 pages for this Sub-Element, Assets for Independence Demonstration Projections, Time Lines. (0–10 points) not counting the management plan/ Program. Applicant should provide quantitative chart, which should be included in the Note: Under the AFI Act project grantees quarterly projections of the activities to Appendix. are required to use at least 2%—but not more be carried out and such information as than 9.5%—of grant funds to provide the the projected number of participants to research organization evaluating the
VerDate 29-OCT-99 19:02 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\14DEN2.XXX pfrm03 PsN: 14DEN2 69836 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices demonstration project with such information statement of commitment, on applicant as Family Development, Economic with respect to the demonstration project as letterhead, signed by the official signing Literacy classes, or Small Business may be required for the evaluation. the SF 424 and countersigned by the Training, in which Project Participants The AFI Act allocates a portion of the Applicant’s Board Chairperson or will be enrolled as part of their efforts appropriated funds to support an Treasurer, that the non-Federal to achieve self-sufficiency. This Element evaluation of the overall demonstration matching funds will be provided, will be judged in the review process on program in addition to the funds contingent only on the OCS grant the adequacy of the available resources grantees are required to expend on data award, and that non-Federal share to support the activities and collection. This Element requires the deposits and the opening of Individual interventions described in sub-Element Applicant to provide a well thought-out Development Accounts will be II(b). The commitment of such resources plan for collecting, validating and coordinated so that new accounts will to the project must be documented in reporting/-providing the necessary data only be opened when there are writing and submitted as an Appendix in a timely fashion. The Applicant is sufficient funds in the Reserve Fund to to the Application. Because such also encouraged to identify the kinds of cover the maximum matching additional resources are not part of the data it believes would facilitate the requirements of the Savings Plan legislatively mandated non-Federal management information, reporting, and Agreements. matching requirement, these additional evaluation purposes. The Applicant Sub-Element V(b). Availability of resources may be of Federal or non- should also declare its agreement to Additional Resources. (0–13 points) Federal origin, public or private, in cash cooperate with the evaluation of the or in-kind. Applicants are reminded that national program, and include a brief Criterion: The extent to which they will be held accountable for explanation of its perception of what additional resources (beyond the commitments of such additional that cooperation would entail. required amount of direct funds from resources even if over the amount of the Applicants are urged to carry out an non-federal public sector and from required match. ongoing assessment of the data and private sources that are formally It is suggested that no more than 3 information collected as an effective committed to the project as matching pages be used for this Element, not ‘‘process’’ management/feedback tool in contributions) will be available to including non-Federal Share implementing the project. If the support those activities and Agreements, assurances, letters of Applicant anticipates such an interventions identified in sub-Element commitment, partnership agreements, or undertaking, the plans should be briefly II(b), such as economic literacy classes, Memoranda of Understanding, which outlined here. ‘‘qualified expense’’-related training, should be put in an Appendix to the counseling, post-employment support proposal. Note: To attain a maximum score for this services, and crisis intervention. Element, the Applicant must state its As noted below in Part IV, Paragraph Evaluation Criteria 6: Results or agreement to use the ‘‘MIS IDA’’ information system software developed by the Center for D Initial OCS Screening, the only Benefits Expected applications which will be considered Social Development, or a comparable and Element VI. Significant and Beneficial for competitive review are those which compatible system, for the maintenance, Impacts/Critical Issues or Potential collection, and transmission of data from the include written documentation of a proposed project. commitment, contingent only on award Problems. (0–10 points) It is suggested that applicants use no of the OCS grant, from the provider(s) of Criteria: The extent to which more than 2 pages for this Element. non-Federal share, in cash as proposed project is expected to produce distinguished from in-kind, of at least permanent and measurable results that Evaluation Criteria 5: Non-Federal the amount of the total Federal grant will reduce the incidence of poverty in Resources request. the community and lead TANF Element V. Commitment of Resources. OCS has determined that the strict recipients and other eligible individuals (Total of 0–15 points) legislative limitations on the use of and working families toward economic Federal grant funds and of the minimum self-sufficiency through economic Sub-Element V(a). Proportion of Public/ required non-Federal match (at least literacy education and accumulation of Private Required Non-Federal Matching 90.5% of each must go toward matching assets; and the extent to which Contributions. (0–2 points) deposits in Individual Development applicant convincingly explains how Criterion: Whether a proportionately Accounts) mean that important training, the project will meet any critical issues greater amount of committed required counseling and support activities, or potential problems in achieving these non-Federal matching contribution critical to the success of a project, can results. funds are from private sector as opposed best be supported by additional Applicants should set forth their to public sources. resources, both of the applicant itself realistic goals and projections for In accordance with the legislative and from the community. attainment of these and other beneficial preferences set forth in Part III Section In order to receive points in the impacts of the proposed project and J Preferences, above, applications which review process under this sub-Element, should demonstrate that projected provide a commitment of required non- the applicant must identify those savings goals have a true relationship to Federal cash matching contributions additional resources, cash and in-kind, the ability of the participant to save the with a proportionately greater amount of which will be dedicated to support of projected amounts and to the value or such funds committed from private those activities and interventions cost of the ‘‘Qualified Expense’’ for sector as opposed to public sources will identified in sub-Element II(b), such as which the IDA is to be used. receive 2 points under this Element. economic literacy classes, training, Results are expected to be quantifiable Applicants are reminded that as noted counseling, post-employment support in terms of the number of Individual in PART II Section I Non-Federal services, and crisis intervention; and Development Accounts opened, their Matching Funds Requirements, where any staff data collection/verification rate of growth, the number and size of the Applicant is itself providing any of activities described in Element III. Such withdrawals for each of the three the required cash non-Federal share, it resources may be existing programs of ‘‘Qualified Expenses’’, and the impact of must include in the Appendix a the applicant or a project partner, such the payment of those expenses on the
VerDate 29-OCT-99 19:02 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\14DEN2.XXX pfrm03 PsN: 14DEN2 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69837 participants’ movement toward self- (2) Deadline (3) Late Applications sufficiency. Mailed applications shall be Applications which do not meet the Applicants should also in this considered as meeting the announced criteria above are considered late Element explicitly address critical deadline of May 15, 2000 if they are applications. ACF shall notify each late issues or potential problems that might either received on or before the deadline applicant that its application will not be affect the achievement of project date or postmarked on or before the considered in the current competition. objectives, with an explanation of how deadline date and received by ACF in (4) Extension of Deadlines they would be overcome, and how the time for the independent review. Mailed objectives will be achieved applications must be sent to: U.S. ACF may extend an application notwithstanding any such problems. Department of Health and Human deadline for applicants affected by acts It is suggested that no more than 3 Services, Administration for Children of God such as floods and hurricanes, or pages be used for this Element. and Families, Office of Grants when there is widespread disruption of Management, Office of Child Support the mails. A determination to waive or Part IV. Application Procedures Enforcement, ‘‘Attention: IDA Program’’, extend deadline requirements rest with A. Application Development/ 370 L’Enfant Promenade, SW, ACF’s Chief Grants Management Officer. Availability of Forms Washington, DC 20447. C. Intergovernmental Review Applications submitted via overnight/ In order to be considered for a grant express delivery services should be This program is covered under under this program announcement, an addressed to the Administration for Executive Order 12372, application must conform to the Children and Families, Office of Grants ‘‘Intergovernmental Review of Federal Program Requirements set out in Part II Management, Office of Child Support Programs,’’ and 45 CFR Part 100, and be prepared in accordance with the Enforcement, ‘‘Attention IDA Program’’, ‘‘Intergovernmental Review of guidelines set out in Part III, above. It 901 D Street SW, Fourth Floor, Department of Health and Human must be submitted on the forms Washington, DC 20024. Services Programs and Activities.’’ supplied in the attachments to this Applicants must ensure that a legibly Under the Order, States may design Announcement and in the manner dated U.S. Postal Service postmark, or a their own processes for reviewing and prescribed below. Attachments A legibly dated machine produced commenting on proposed Federal through I contain all of the standard postmark of a commercial mail service, assistance under covered programs. forms necessary for the application for or an official dated receipt of an Note: State/Territory Participation in the awards under this OCS program. These overnight/express delivery service, is Intergovernmental Review Process Does not attachments and Parts IV and V of this affixed to the envelope/package Signify Applicant Eligibility for Financial Announcement contain all the containing the application(s). To be Assistance Under a Program. A Potential instructions required for submittal of acceptable as proof of timely mailing, a Applicant Must Meet the Eligibility applications. postmark from a commercial mail Requirements of the Program for Which it is Additional copies may be obtained by service or receipt from an overnight/ Applying Prior to Submitting an Application to its SPOC, if Applicable, or to ACF. writing or telephoning the office listed express delivery service company must under the section entitled FOR FURTHER include the logo/emblem of the Attachment J is a Single Point of INFORMATION CONTACT: at the beginning company and must reflect the date the Contact List for participating of this announcement. In addition, this package was received by the company jurisdictions. The following Announcement is accessible on the from the applicant. Private Metered jurisdictions have elected not to Internet through the OCS WEBSITE for postmarks shall not be acceptable as participate in the Executive Order reading or downloading at: http:// proof of timely mailing. process: Alabama, Alaska, American www.acf.dhhs.gov/programs/ocs/ under Applications handcarried by Samoa, Colorado, Connecticut, Kansas, ‘‘Funding Opportunities’’. applicants, applicant couriers, or by Hawaii, Idaho, Louisiana, The applicant must be aware that in other representatives of the applicant Massachusetts, Minnesota, Montana, signing and submitting the application shall be considered as meeting an Nebraska, New Jersey, Oklahoma, for this award, it is certifying that it will announced deadline if they are received Oregon, Palau, Pennsylvania, South comply with the Federal requirements on or before the deadline date, between Dakota, Tennessee, Vermont, Virginia, concerning the drug-free workplace, the the hours of 8:00 a.m. and 4:30 p.m., and Washington. Applicants from these Certification Regarding Environmental EST, at the U.S. Department of Health jurisdictions, for projects administered Tobacco Smoke, and debarment and Human Services, Administration for by federally recognized Indian Tribes, or regulations set forth in Attachments G, Children and Families, Office of Grants which are States, need take no action in H, and I. Management, Office of Child Support regard to E.O. 12372. All remaining Part III contains instructions for the Enforcement, Mailroom, 2nd Floor (near jurisdictions participate in the substance and development of the loading dock), Aerospace Center, 901 D Executive Order process and have project narrative. Part V contains Street, SW, Washington, DC 20024, established SPOCs. Applicants from instructions for completing application between Monday and Friday (excluding participating jurisdictions should forms. Part VI, Section A describes the Federal holidays). The address must contact their SPOCs as soon as possible contents and format of the application appear on the envelope/package to alert them of the prospective as a whole. containing the application with the note applications and receive instructions. ‘‘Attention: IDA Program’’. Applicants must submit any required B. Application Submission ACF cannot accommodate material to the SPOCs as soon as (1) Number of Copies Required transmission of applications by fax or possible so that the program office can through other electronic media. obtain and review SPOC comments as One signed original application and Therefore, applications transmitted to part of the award process. The applicant four copies should be submitted at the ACF electronically will not be accepted must submit all required materials, if time of initial submission. (OMB 0976– regardless of date or time of submission any, to the SPOC and indicate the date 0139). and time of receipt. of this submittal (or the date of contact
VerDate 29-OCT-99 19:02 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\14DEN2.XXX pfrm03 PsN: 14DEN2 69838 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices if no submittal is required) on the applicable), non-Federal share sufficient funds in the Reserve Fund to Standard Form 424, item 16a. Under 45 agreement, Budget Narrative, Charts, cover the maximum matching CFR 100.8(a)(2), a SPOC has 60 days exhibits, resumes, position descriptions, requirements of the Savings Plan from the application deadline to letters of support or commitment, Agreements. (See part II, Section I.) comment on proposed awards. SPOCs Agreements with Financial Institutions Applicants are strongly encouraged to are encouraged to eliminate the and other partnering organizations, and mobilize additional resources, which submission of routine endorsements as Business Plans (where required) are not may be cash or in-kind contributions, official recommendations. Additionally, counted against this page limit, and Federal or non-Federal, for support of SPOCs are requested to clearly should be in the Appendix. It is strongly project administration and assistance to differentiate between mere advisory recommended that applicants follow the Project Participants in obtaining skills, comments and those official State format and content for the narrative knowledge, and needed support process recommendations which may described in the program elements set services. [See part III, Element V(b)] trigger the ‘‘accommodate or explain’’ out in part III. (6) All Applications must include a rule. When comments are submitted (3) The SF–424 and the SF–424B must copy of an Agreement between the directly to ACF, they should be be signed by an official of the Applicant and one or more Qualified addressed to: Department of Health and organization applying for the grant who Financial Institution(s), which states Human Services, Administration for has authority to obligate the that the accounting procedures to be Children and Families, Office of Grants organization legally. followed in account management will Management, Office of Child Support Applicants must also be aware that conform to Guidelines (45 CFR part 74) Enforcement, 370 L’Enfant Promenade, the applicant’s legal name as required established by the Secretary, and under SW, Mail Stop 6C–462, Washington, DC on the SF–424 (Item 5) must match that which the partnering financial 20447. listed as corresponding to the Employer institution will agree to provide data Identification Number (Item 6). and reports as requested by the D. Initial OCS Screening (4) Application must contain applicant. Each application submitted under this documentation of the applicant’s (or E. Consideration of Applications. program announcement will undergo a joint applicant’s) tax exempt status as Applications which pass the initial OCS pre-review to determine that the required under Part II, Section A. screening will be reviewed and rated by application was postmarked by the (5) Application must include a copy an independent review panel on the closing date and submitted in of a ‘‘Non-Federal Share Agreement’’ or basis of the specific review criteria accordance with the instructions in this Agreements in writing executed with described and discussed in Part III, announcement. the entity or entities providing the above. Applications will be reviewed All applications that meet the required non-Federal matching and rated under the Program Elements published deadline requirements as contributions, signed by a person and Review Criteria set forth in part III provided in this Program authorized to make a commitment on I. The review criteria were designed to Announcement will be screened for behalf of the entity and signed for the assess the quality of a proposed project, completeness and conformity with the Applicant by the person signing the and to determine the likelihood of its following requirements. Only complete SF424. Such Agreement(s) must success. The review criteria are closely applications that meet the requirements include: (1) A commitment by the related and are considered as a whole in listed below will be reviewed and organization to provide the non-Federal judging the overall quality of an evaluated competitively. Other funds contingent only on the grant application. Points are awarded only to applications will be returned to the award; and (2) an agreement as to the applications which are responsive to the applicants with a notation that they schedule of the opening of Individual review criteria and program elements were unacceptable and will not be Development Accounts by the within the context of this Program reviewed. Applicant, and the schedule of deposits Announcement. The results of these The following requirements must be by the organization to the project’s reviews will assist the Director and OCS met by all Applicants except as noted: Reserve Fund, such that the two program staff in considering competing (1) The application must contain a schedules will together assure that there applications. Reviewers’ scores will signed Standard Form 424 ‘‘Application will be at all times in the Reserve Fund weigh heavily in funding decisions, but for Federal Assistance’’ (SF–424), a non-Federal matching contribution will not be the only factors considered. budget (SF–424A), and signed funds sufficient to meet the maximum Applications generally will be ‘‘Assurances’’ (SF 424B) completed pledges of matching contributions under considered in order of the average according to instructions published in the ‘‘Savings Plan Agreements’’ for all scores assigned by reviewers. However, Part V and Attachments A, B, and C of Individual Development Accounts then highly ranked applications are not this Program Announcement. open and being maintained by the guaranteed funding since other factors (2) A project narrative must also grantee as part of the demonstration are taken into consideration, including, accompany the standard forms. OCS project. but not limited to, the timely and proper requires that the narrative portion of the Where Applicants (or Joint completion by applicant of projects application be limited to 30 letter-size Applicants) themselves are providing funded with OCS funds granted in the pages, numbered, and typewritten on non-Federal share funding, then with last five (5) years; comments of one side of the paper only with one-inch regard to those funds the application reviewers and government officials; staff margins and type face no smaller than should include an assurance, signed by evaluation and input; the amount and 12 characters per inch (c.p.i.) or the person signing the SF424, and duration of the grant requested and the equivalent. Applications with project countersigned by the board Chairperson proposed project’s consistency and narratives (excluding Project Summaries or Treasurer that the required non- harmony with OCS goals and policy; and appendices) of more than 30 letter- Federal share funds will be provided geographic distribution of applications; sized pages of 12 c.p.i. type or and that deposits and the opening of previous program performance of equivalent on a single side will not be Individual Development Accounts will applicants; compliance with grant terms reviewed for funding. The Joint be coordinated so that new accounts under previous HHS grants, including Applicant Agreement (where will only be opened when there are the actual dedication to program of
VerDate 29-OCT-99 19:02 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\14DEN2.XXX pfrm03 PsN: 14DEN2 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69839 mobilized resources as set forth in unit costs, and other similar quantitative B. SF–424A—Budget Information—Non- project applications; audit reports; detail sufficient for the calculation to be Construction Programs (Attachment B) investigative reports; and applicant’s duplicated. The detailed budget must In completing these sections, the progress in resolving any final audit also include a breakout by the funding Federal Funds budget entries will relate disallowances on previous OCS or other sources identified in Block 15 of the SF– to the requested OCS funds only, and Federal agency grants. 424. Non-Federal will include mobilized Since non-Federal reviewers will be Provide a narrative budget funds from all other sources—applicant, used for review of applications, justification which describes how the state, local, and other. Federal funds Applicants may omit from the categorical costs are derived. Discuss other than requested OCS funding application copies which will be made the necessity, reasonableness, and should be included in Non-Federal available to the non-Federal reviewers, allocability of the proposed costs. entries. the specific salary rates or amounts for Sections A, B, and C of SF–424A individuals identified in the application (Note: The Budget detail and Narrative Budget Justification should follow the SF 424 should reflect budget estimates for each budget. Rather, only summary and 424A, and are not counted as part of the year of the Project Period. information is required. Project Narrative.) OCS reserves the right to discuss Section A—Budget Summary applications with other Federal or non- A. SF–424—Application for Federal You need only fill in lines 1 and 5 Federal funding sources to verify the Assistance (Attachment A) (with the same amounts) applicant’s performance record and the Col. (a): Enter ‘‘IDA Program’’ as Item documents submitted. Top of Page number 1. (Items 2, 3, 4, and 5 should F. Reconsideration Where the applicant is a previous be left blank.) Department of Health and Human Col. (b): Catalog of Federal Domestic After Federal funds are exhausted for Services grantee, enter the Central Assistance number is 93.602. Col. (c) this grant competition, applications Registry System Employee Identification and (d): not relevant to this program. which have been independently Number (CRS/EIN) and the Payment Column (e)–(g): enter the appropriate reviewed and ranked but have no final Identifying Number, if one has been amounts in items 1. and 5. (Totals) disposition (neither approved nor assigned, in the Block entitled Federal Column e should not be more than disapproved for funding) may again be Identifier located at the top right hand $500,000 for applications under Priority considered for funding. Reconsideration corner of the form (third line from the Area 1.0, and in no case can it be more may occur at any time funds become top). than the committed non-Federal available within twelve (12) months matching cash contribution. following ranking. ACF does not select Item 1. For the purposes of this from multiple ranking lists for a announcement, all projects are Section B—Budget Categories program. Therefore, should a new considered Applications; there are no (Note that the following information competition based on the same review Pre-Applications. supersedes the instructions provided criteria be scheduled and applications Item 7. If applicant is a State, enter with the Form in Attachment C) remain ranked without final disposition, ‘‘A’’ in the box. If applicant is an Indian Columns (1)–(5): For each of the such applications will be re-reviewed by Tribe enter ‘‘K’’ in the box. If applicant relevant Object Class Categories: independent reviewers in the new is a non-profit organization enter ‘‘N’’ in Column 1: Enter the OCS grant funds competition and ranked according to the the box. for the full 5-year budget period. With new score. At the same time, such Item 9. Name of Federal Agency— regard to Class Categories, all of OCS applicants will be informed of their Enter DHHS-ACF/OCS. grant funds should be entered in ‘‘h. opportunity instead to obtain reviewer Item 10. The Catalog of Federal Other’’, representing the funds to be comments from OCS and to reapply for Domestic Assistance number for OCS deposited in the Reserve Fund. the new competition, if they so choose, programs covered under this Columns 2, 3 and 4 are not relevant and to the extent practical, in which announcement is 93.602. The title is to this program. case the previous application will be ‘‘Assets for Independence Column 5: Enter the total federal OCS disregarded. Demonstration Program (IDA Program)’’. grant funds for the five year budget by Class Categories under ‘‘other’’, showing Item 11. In addition to a brief Part V. Instructions for Completing a total of not more than $500,000. Application Forms descriptive title of the project, indicate the priority area for which funds are Section C—Non Federal Resources The standard forms attached to this being requested. Use the following letter announcement shall be used to apply This section is to record the amounts designations: for funds under this program of ‘‘non-Federal’’ resources that will be announcement. I—Individual Projects Under Priority used to support the project, including It is suggested that you reproduce Area 1.0 both the required cash non-Federal single-sided copies of the SF–424 and ‘‘matching contributions’’ share, and the SF–424A, and type your application on Item 13. Proposed Project—The ‘‘additional resources’’ which will bring the copies. Please prepare your project start date must begin on or additional support to the project, which application in accordance with before September 30, 2000; the ending may be cash or in-kind, non-Federal or instructions provided on the forms date should be calculated on the basis Federal. In this context, ‘‘Non-Federal’’ (Attachments A and B) as modified by of 60-month Project Period. resources mean any and all resources the OCS specific instructions set forth Item 15a. This amount should be no other than the OCS funds for which the below: greater than $500,000 for applications applicant is applying. Therefore, Provide line item detail and detailed under Priority Area 1.0. mobilized funds from other Federal calculations for each budget object class Item 15b-e. These items should reflect programs, such as the Job Training identified on the Budget Information both cash and third-party, in-kind Partnership Act program or the Welfare- form. Detailed calculations must contributions for the Project Period (60 to-Work program, should be entered on include estimation methods, quantities, months). these lines. Provide a brief listing of
VerDate 29-OCT-99 19:02 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\14DEN2.XXX pfrm03 PsN: 14DEN2 69840 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices these ‘‘non-Federal’’ resources on a the certification and need not mail back form found at Attachment E, if separate sheet and describe whether it is the certification with the applications. appropriate (omit Items 11–15 on the SF a grantee-incurred cost or a third-party Copies of the certifications and LLL and ignore references to cash or in-kind contribution. The firm assurances are located at the end of this continuation sheet SF–LLL–A) commitment of these resources must be announcement. (e) Maintenance of Effort Certification documented and submitted with the (See Attachment F); Part VI. Contents of Application and application in order to be given credit (f) Signed Agreement(s) with Receipt Process in the review process under the Non- partnering Financial Institution(s) Federal Resources program element. Application pages should be including identification of insurance numbered sequentially throughout the carrier and current insurance number; Note: Even though non-Federal resources (g) Signed Agreements with providers mobilized may go beyond the amount application package, beginning with a required as match under the IDA Program, Summary/Abstract of the proposed of required non-Federal matching grantees will be held accountable for any project as page number one; and each contributions (See Part II, Section I.) such cash or in-kind contribution proposed application must include all of the (h) Resumes and/or position or pledged as part of an approved application following, in the order listed below: descriptions (see Part III Program where the use of such funds falls within a Element I); Program Element/Proposal Review Criterion A. Content and Order of IDA Program (i) (Where Applicant is ‘‘lead agency’’ which formed the basis for the grant award. Application of a collaborative or consortium of [See part II, Section I. and part III, Element 1. A Project Summary/Abstract— CBO’s) Copies of Partnering Agreements V(b).] Brief, not to exceed one page, on the between the Applicant and each of the Sections D, E, and F may be left blank Applicant’s letterhead, that includes the member CBO’s, setting forth their roles by Applicants under Priority Area 1.0. information listed in Part III, Section B. and responsibilities. (See Part III, As noted in Part VI, a supporting 2. Table of Contents; Elements I and II(b)) Budget Justification must be submitted 3. A completed Standard Form 424 (j) Any letters and/or supporting providing details of expenditures under (Attachment A) which has been signed documents from collaborating or each budget category, with justification by an official of the organization partnering agencies in target of dollar amounts which relate the applying for the grant who has authority communities, providing additional proposed expenditures to the work to obligate the organization legally; information on staffing and experience program and goals of the project. [Note: The original SF–424 must bear in support of narrative under Part III the original signature of the authorizing Element I. [Such documents are not part C. SF–424B Assurances: Non- representative of the applicant of the Narrative and should be included Construction Programs organization]; in the Appendices. These documents Applicants requesting financial 4. A completed Budget Information- are therefore not counted against the assistance for a non-construction project Non-Construction Programs (SF–424A) page limitations of the Narrative.]; and must file the Standard Form 424B, (Attachment B); (k) Single points of contact comments, ‘‘Assurances: Non-Construction 5. A Budget Justification, including if applicable. Programs.’’ (Attachment C) Applicants narrative budget justification for each Applications must be uniform in must sign and return the Standard Form object class category included under composition since OCS may find it 424B with their applications. Section B, as described in Part III, necessary to duplicate them for review Applicants must provide a Program Element III; purposes. Therefore, applications must certification concerning Lobbying. Prior 6. Proof of current tax-exempt status be submitted on white 81⁄2 x 11 inch to receiving an award in excess of of Applicant or Joint Applicant (See Part paper only. They must not include $100,000, applicants shall furnish an II B.); colored, oversized or folded materials. executed copy of the lobbying 7. A project narrative, limited to the Do not include organizational brochures certification. (See Attachments D and E) number of pages specified below, which or other promotional materials, slides, Applicants must sign and return the includes all of the required elements films, clips, etc. in the proposal. They certification with their applications. described in Part III. [Specific will be discarded if included. The Applicants should note that the information/data required under each applications should be two-hole Lobbying Disclosure Act of 1995 has component is described in Part III punched at the top center and fastened simplified the lobbying information Section I, Evaluation Criteria.] separately with a compressor slide required to be disclosed under 31 U.S.C. 8. Appendices, which should include paper fastener, or a binder clip. The 1352. the following: submission of bound plans, or plans Applicants must make the appropriate (a) (Where Application is submitted enclosed in binders is specifically certification on their compliance with by a State or Local government agency discouraged. the Drug-Free Workplace Act of 1988 or Tribal government jointly with a tax and the Pro-Children Act of 1994 exempt non-profit organization) a B. Acknowledgment of Receipt (Certification Regarding Smoke Free properly executed Joint Application Acknowledgment of Receipt—All Environment). (See Attachments G and Agreement as described in Part II B.(2), applicants will receive an H) By signing and submitting the above; acknowledgment with an assigned applications, applicants are attesting to (b) Filled out, signed and dated identification number. Applicants are their intent to comply with these Assurances—Non-Construction requested to supply a self-addressed requirements and need not mail back Programs (SF–424B), (Attachment C); mailing label with their Application, or the certification with the applications. (c) Restrictions on Lobbying— a FAX number or e-mail address which Applicants must make the appropriate Certification for Contracts, Grants, can be used for acknowledgment. The certification that they are not presently Loans, and Cooperative Agreements: assigned identification number, along debarred, suspended or otherwise filled out, signed and dated form found with any other identifying codes, must ineligible for award. (See Attachment I) at Attachment D; be referenced in all subsequent By signing and submitting the (d) Disclosure of Lobbying Activities, communications concerning the applications, applicants are providing SF–LLL: Filled out, signed and dated Application. If an acknowledgment is
VerDate 29-OCT-99 19:02 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\14DEN2.XXX pfrm03 PsN: 14DEN2 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Notices 69841 not received within three weeks after D. Audit Requirements respect to contracts, grants, cooperative the deadline date, please notify ACF by Grantees are subject to the audit agreements and loans entered into or telephone at (202) 205–5082. requirements in 45 CFR part 74 (non- made on or after December 23, 1989. See Attachment H, for certification and Part VII. Post Award Information and profit organizations) or part 92 disclosure forms to be submitted with Reporting Requirements. (governmental entities) which require audits under OMB Circular A–133. the applications for this program. A. Notification of Grant Award. E. Prohibitions and Requirements With F. Applicable Federal Regulations Following approval of the Regard to Lobbying applications selected for funding, notice Attachment K indicates the Section 319 of Public Law 101–121, of project approval and authority to regulations which apply to all signed into law on October 23, 1989, draw down project funds will be made applicants/grantees under the Assets for imposes prohibitions and requirements in writing. The official award document Independence Demonstration Program. for disclosure and certification related is the Financial Assistance Award to lobbying on recipients of Federal Dated: November 23, 1999. which provides the amount of Federal contracts, grants, cooperative Donald Sykes, funds approved for use in the project, agreements, and loans. It provides Director, Office of Community Services. the project and budget period for which limited exemptions for Indian tribes and support is provided, the terms and Assets for Independence Demonstration tribal organizations. Current and conditions of the award, and the total Program prospective recipients (and their subtier project period for which support is contractors and/or grantees) are List of Attachments contemplated. prohibited from using appropriated Attachment A—Application for Federal B. Attendance at Evaluation Workshops funds for lobbying Congress or any Assistance Federal agency in connection with the Attachment B—Budget Information—Non- OCS hopes to sponsor one or more award of a contract, grant, cooperative Construction Programs national evaluation workshops in agreement or loan. In addition, for each Attachment C—Assurances—Non- Washington, DC or in other locations award action in excess of $100,000 (or Construction Programs during the course of the five-year $150,000 for loans) the law requires Attachment D—Certification Regarding project. Project Directors will be recipients and their subtier contractors Lobbying expected to attend such workshops and/or subgrantees (1) to certify that Attachment E—Disclosure of Lobbying provided additional funds can be made they have neither used nor will use any Activities available by OCS for expenses of appropriated funds for payment to Attachment F—Certification Regarding attending. lobbyists, (2) to submit a declaration Maintenance Effort C. Reporting Requirements setting forth whether payments to Attachment G—Certification Regarding Drug- lobbyists have been or will be made out Free Workplace Requirements Grantees will be required to submit a of non-appropriated funds and, if so, the Attachment H—Certification Regarding semi-annual program progress and name, address, payment details, and Environmental Tobacco Smoke financial report (SF 269) covering the purpose of any agreements with such Attachment I—Certification Regarding six months after grant award, and lobbyists whom recipients or their Debarment, Suspension and Other similar reports after conclusion of the subtier contractors or subgrantees will Responsibility Matters first Project Year. Such reports will be pay with the non-appropriated funds Attachment J—E.O. 12372 State Single Point due 60 days after the reporting period. and (3) to file quarterly up-dates about of Contact List Thereafter grantees will be required to the use of lobbyists if an event occurs Attachment K—DHHS Regulations Applying submit annual program progress and that materially affects the accuracy of to All Applicants/Grantees Under The financial reports (SF 269), as well as a the information submitted by way of Assets for Independence Demonstration final program progress and financial declaration and certification. Program (IDA Program) report within 90 days of the expiration The law establishes civil penalties for Attachment L—Accounting Regulations of the grant. noncompliance and is effective with BILLING CODE 4184±01±P
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BILLING CODE 4184±01±C
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Attachment A.—Instructions for the SF–424 Federal identifier number. If for a new 12. List only the largest political entities Public reporting burden for this collection project, leave blank. affected (e.g., State, counties, cities). of information is estimated to average 45 5. Legal name of applicant, name of 13. Self-explanatory. minutes per response, including time for primary organizational unit which will 14. List the applicant’s Congressional reviewing instructions, searching existing undertake the assistance activity, complete District and any District(s) affected by the data sources, gathering and maintaining the address of the applicant, and name and program or project. data needed, and completing and reviewing telephone number of the person to contact on 15. Amount requested or to be contributed the collection of information. Send matters related to this application. during the first funding/budget period by comments regarding the burden estimate or 6. Enter Employer Identification Number each contributor. Value of in-kind any other aspect of this collection of (EIN) as assigned by the Internal Revenue contributions should be included on information, including suggestions for Service. appropriate lines as applicable. If the action reducing this burden, to the Office of 7. Enter the appropriate letter in the space will result in a dollar change to an existing Management and Budget, Paperwork provided. award, indicate only the amount of the Reduction Project (0348–0043), Washington, 8. Check appropriate box and enter change. For decreases, enclose the amounts DC 20503. appropriate letter(s) in the space(s) provided: in parentheses. If both basic and Please do not return your completed form supplemental amounts are included, show —‘‘New’’ means a new assistance award. breakdown on an attached sheet. For to the Office of Management and Budget. —‘‘Continuation’’ means an extension for an multiple program funding, use totals and Send it to the address provided by the additional funding/budget period for a show breakdown using same categories as sponsoring agency. project with a projected completion date. item 15. This is a standard form used by applicants —‘‘Revision’’ means any change in the 16. Applicants should contact the State as a required facesheet for preapplications Federal Government’s financial obligation Single Point of Contact (SPOC) for Federal and applications submitted for Federal or contingent liability from an existing Executive Order 12372 to determine whether assistance. It will be used by Federal agencies obligation. the application is subject to the State to obtain applicant certification that States intergovernmental review process. which have established a review and 9. Name of Federal agency from which 17. This question applies to the applicant comment procedure in response to Executive assistance is being requested with this application. organization, not the person who signs as the Order 12372 and have selected the program authorized representative. Categories of debt to be included in their process, have been 10. Use the Catalog of Federal Domestic Assistance number and title of the program include delinquent audit disallowance, loans given an opportunity to review the and taxes. applicant’s submission. under which assistance is requested. 11. Enter a brief descriptive title of the 18. To be signed by the authorized Item No. and Entry project. If more than one program is representative of the applicant. A copy of the governing body’s authorization for you to 1. Self-explanatory. involved, you should append an explanation sign this application as official representative 2. Date application submitted to Federal on a separate sheet. If appropriate (e.g., must be on file in the applicant’s office. agency (or State if applicable) and applicant’s construction or real property projects), attach (certain Federal agencies may require that control number (if applicable). a map showing project location. For this authorization be submitted as part of the 3. State use only (if applicable). preapplications, use a separate sheet to application.) 4. If this application is to continue or provide a summary description of this revise an existing award, enter present project. BILLING CODE 4184±01±P
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BILLING CODE 4184±01±C
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Attachment B.—Instructions for the SF– Lines 1–4, Columns (c) through (g) Column (a)—Enter the program titles 424A For new applications, leave Columns (c) identical to Column (a), Section A. A Public reporting burden for this collection and (d) blank. For each line entry in Columns breakdown by function or activity is not of information is estimated to average 180 (a) and (b), enter in Columns (e), (f), and (g) necessary. minutes per response, including time for the appropriate amounts of funds needed to Column (b)—Enter the contribution to be reviewing instructions, searching existing support the project for the first funding made by the applicant. data sources, gathering and maintaining the period (usually a year). Column (c)—Enter the amount of the data needed, and completing and reviewing For continuing grant program applications, State’s cash and in-kind contribution if the the collection of information. Send submit these forms before the end of each applicant is not a State or State agency. comments regarding the burden estimate or funding period as required by the grantor Applicants which are a State or State any other aspect of this collection of agency. Enter in Columns (c) and (d) the agencies should leave this column blank. information, including suggestions for estimated amounts of funds which will Column (d)—Enter the amount of cash and reducing this burden, to the Office of remain unobligated at the end of the grant in-kind contributions to be made from all Management and Budget, Paperwork funding period only if the Federal grantor other sources. Reduction Project (0348–??4), Washington, agency instructions provide for this. Column (e)—Enter totals of Columns (b), DC ??503. Otherwise, leave these columns blank. Enter (c), and (d). Please do not return your completed form in Columns (e) and (f) the amounts of funds Line 12—Enter the total for each of to the Office of Management and Budget. needed for the upcoming period. The Columns (b)–(e). The amount in Column (e) Send it to the address provided by the amount(s) in Column (g) should be the sum should be equal to the amount on Line 5. sponsoring agency. of amounts in Columns (e) and (f). Column (f), Section A. General Instructions For supplemental grants and changes to Section D. Forecasted Cash Needs existing grants, do not use Columns (c) and This form is designed so that application (d). Enter in column (e) the amount of the Line 13—Enter the amount of cash needed can be made for funds from one or more grant increase or decrease of Federal funds and by quarter from the grantor agency during the programs. In preparing the budget, adhere to enter in Column (f) the amount of the first year. any existing Federal grantor agency increase or decrease of non-Federal funds. In Line 14—Enter the amount of cash from all guidelines which prescribe how and whether Column (g) enter the new total budgeted other sources needed by quarter during the budgeted amounts should be separately amount (Federal and non-Federal) which first year. shown for different functions or activities includes the total previous authorized Line 15—Enter the totals of amounts on within the programs. For some programs, budgeted amounts plus or minus, as Lines 13 and 14. grantor agencies may require budgets to be appropriate, the amounts shown in Columns Section E. Budget Estimate of Federal Funds separately shown by function or activity. For (e) and (f). The amount(s) in Column (g) Needed for Balance of the Project other programs, grantor agencies may require should not equal the sum of amounts in a breakdown by function or activity. Sections Lines 16–19—Enter in Column (a) the same Columns (e) and (f). A, B, C, and D should include budget grant program titles shown in Column (a), Line 5—Show the totals for all columns estimates for the whole project except when Section A. A breakdown by function or used. applying for assistance which requires activity is not necessary. For new Federal authorization in annual or other Section B. Budget Categories applications and continuation grant funding period increments. In the latter case, applications, enter in the proper columns In the column headings (1) through (4), Sections A, B, C, and D should provide the amounts of Federal funds which will be enter the titles of the same programs, budget for the first budget period (usually a needed to complete the program or project functions, and activities shown on Lines 1– year) and Section E should present the need over the succeeding funding periods 4, Column (a), Section A. When additional for Federal assistance in the subsequent (usually in years). This section need not be budget periods. All applications should sheets are prepared for Section A, provide completed for revisions (amendments, contain a breakdown by the object class similar column headings on each sheet. For changes, or supplements) to funds for the categories shown in Lines a–k of Section B. each program, function or activity, fill in the current year of existing grants. total requirements for funds (both Federal If more than four lines are needed to list Section A. Budget Summary Lines 1–4 and non-Federal) by object class categories. the program titles, submit additional Columns (a) and (b) Line 6a–i—Show the totals of Lines 6a to schedules as necessary. For applications pertaining to a single 6h in each column. Line 20—Enter the total of each of the Federal grant program (Federal Domestic Line 6j—Show the amount of indirect cost. Columns (b)–(e). When additional schedules Assistance Catalog Number) and requiring a Line 6k—Enter the total of amounts on are prepared for this Section, annotate functional or activity breakdown enter on Lines 6i and 6j. For all applications for new accordingly and show the overall totals on Line 1 under Column (a) the Catalog program grants and continuation grants the total this line. title and the Catalog number in Column (b). amount in column (5), Line 6k, should be the For applications pertaining to a single same as the total amount shown in Section Section F. Other Budget Information program requiring budget amounts by A, Column (g), Line 5. For supplemental Line 21—Use this space to explain multiple functions or activities, enter the grants and changes to grants, the total amounts for individual direct object class name of each activity or function on each amount of the increase or decrease as shown cost categories that may appear to be out of line in Column (a), and enter the Catalog in Columns (1)–(4), Line 6k should be the the ordinary or to explain the details as number in Column (b). For applications same as the sum of the amounts in Section required by the Federal grantor agency. pertaining to multiple programs where none A, Columns (e) and (f) on Line 5. Line 22—Enter the type of indirect rate of the programs require a breakdown by Line 7—Enter the estimated amount of (provisional, predetermined, final or fixed) function or activity, enter the Catalog income, if any, expected to be generated from that will be in effect during the funding program title on each line in Column (a) and this project. Do not add or subtract this period, the estimated amount of the base to the respective Catalog number on each line amount from the total project amount. Show which the rate is applied, and the total in Column (b). under the program narrative statement the indirect expense. For applications pertaining to multiple nature and source of income. The estimated Line 23—Provide any other explanations or programs where one or more programs amount of program income may be comments deemed necessary. require a breakdown by function or activity, considered by the Federal grantor agency in prepare a separate sheet for teach program determining the total amount of the grant. Attachment C.—Assurances—Non- requiring the breakdown. Additional sheets construction Programs should be used when one form does not Section C. Non-Federal Resources Public reporting burden for this collection provide adequate space for all breakdown of Lines 8–11—Enter amounts of non-Federal of information is estimated to average 15 data required. However, when more than one resources that will be used on the grant. If minutes per response, including time for sheet is used, the first page should provide in-kind contributions are included, provide a reviewing instructions, searching existing the summary totals by programs. brief explanation on a separate sheet. data sources, gathering and maintaining the
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Will assist the awarding agency in Management and Budget, Paperwork of alcohol and drug abuse patient records; (h) assuring compliance with Section 106 of the Reduction Project (0348–0040), Washington, Title VIII of the Civil Rights Act of 1968 (42 National Historic Preservation Act of 1966, as DC 20503. U.S.C. §§ 3601 et seq.), as amended, relating amended (16 U.S.C. § 470), EO 11593 Please do not return your completed form to nondiscrimination in the sale, rental or (identification and protection of historic to the Office of Management and Budget. financing of housing; (i) any other properties), and the Archaeological and Send it to the address provided by the nondiscrimination provisions in the specific Historic Preservation Act of 1974 (16 U.S.C. sponsoring agency. statute(s) under which application for §§ 469a–1 et seq.). Note: Certain of these assurances may not Federal assistance is being made; and (j) the 14. Will comply with P.L. 93–348 be applicable to your project or program. If requirements of any other nondiscrimination regarding the protection of human subjects you have questions, please contact the statute(s) which may apply to the involved in research, development, and awarding agency. Further, certain Federal application. related activities supported by this award of awarding agencies may require applicants to 7. Will comply, or has already complied, assistance. certify to additional assurances. If such is the with the requirements of Titles II and III of 15. Will comply with the Laboratory case, you will be notified. the Uniform Relocation Assistance and Real Animal Welfare Act of 1966 (P.L. 89–544, as Property Acquisition Policies Act of 1970 As the duly authorized representative of amended, 7 U.S.C. §§ 2131 et seq.) pertaining (P.L. 91–646) which provide for fair and the applicant, I certify that the applicant: to the care, handling, and treatment of warm equitable treatment of persons displaced or 1. Has the legal authority to apply for blooded animals held for research, teaching, whose property is acquired as a result of Federal assistance and the institutional, or other activities supported by this award of Federal or federally-assisted programs. These managerial and financial capability assistance. requirements apply to all interests in real (including funds sufficient to pay the non- 16. Will comply with the Lead-Based Paint property acquired for project purposes Federal share of project cost) to ensure Poisoning Prevention Act (42 U.S.C. §§ 4801 regardless of Federal participation in proper planning, management and et seq.) which prohibits the use of lead-based purchases. completion of the project described in this paint in construction or rehabilitation of 8. Will comply, as applicable, with application. residence structures. provisions of the Hatch Act (5 U.S.C. 17. Will cause to be performed the required 2. Will give the awarding agency, the §§ 1501–1508 and 7324–7328) which limit Comptroller General of the United States and, financial and compliance audits in the political activities of employees whose accordance with the Single Audit Act if appropriate, the State, through any principal employment activities are funded authorized representative, access to and the Amendments of 1996 and OMB Circular No. in whole or in part with Federal funds. A–133, ‘‘Audits of States, Local right to examine all records, books, papers, 9. Will comply, as applicable, with the or documents related to the award; and will Governments, and Non-Profit Organizations.’’ provisions of the Davis-Bacon Act (40 U.S.C. 18. Will comply with all applicable establish a proper accounting system in §§ 276a to 276a–7), the Copeland Act (40 accordance with generally accepted requirements of all other Federal laws, U.S.C. § 265c and 18 U.S.C. § 874), and the executive orders, regulations, and policies accounting standards or agency directives. Contract Work Hours and Safety Standards 3. Will establish safeguards to prohibit governing this program. Act (40 U.S.C. §§ 327–333), regarding labor lllllllllllllllllllll employees from using their positions for a standards for federally-assisted construction purpose that constitutes or presents the Signature of authorized certifying official subagreements. lllllllllllllllllllll appearance of personal or organizational 10. Will comply, if applicable, with flood conflict of interest, or personal gain. Applicant organization insurance purchase requirements of Section lllllllllllllllllllll 4. Will initiate and complete the work 102(a) of the Flood Disaster Protection Act of within the applicable time frame after receipt Title 1973 (P.L. 93–234) which requires recipients lllllllllllllllllllll of approval of the awarding agency. in a special flood hazard area to participate Date submitted 5. Will comply with the Intergovernmental in the program and to purchase flood Personnel Act of 1970 (42 U.S.C. §§ 4728– insurance if the total cost of insurable Attachment D.—Certification Regarding 4763) relating to prescribed standards for construction and acquisition is $10,000 or Lobbying merit systems for programs funded under one more. Certification for Contracts, Grants, Loans, of the 19 statutes or regulations specified in 11. Will comply with environmental and Cooperative Agreements Appendix A of OPM’s Standards for a Merit standards which may be prescribed pursuant System of Personnel Administration (5 C.F.R. to the following: (a) institation of The undersigned certifies, to the best of his 900, Subpart F). environmental quality control measures or her knowledge and belief, that: 6. Will comply with all Federal statutes under the National Environmental Policy Act (1) No Federal appropriated funds have relating to nondiscrimination. These include of 1969 (P.L. 91–190) and Executive Order been paid or will be paid, by or on behalf of but are not limited to: (a) Title VI of the Civil (EO) 11514; (b) notification of violating the undersigned, to any person for Rights Act of 1964 (P.L. 88–352) which facilities pursuant to EO 11738; (c) protection influencing or attempting to influence an prohibits discrimination on the basis of race, of wetlands pursuant to EO 11990; (d) officer or employee of an agency, a Member color or national origin; (b) Title IX of the evaluation of flood hazards in floodplains in of Congress, an officer or employee of Education amendments of 1972, as amended accordance with EO 11988; (e) assurance of Congress, or an employee of a Member of (20 U.S.C. §§ 1681–1683, and 1685–1686), project consistency with the approved State Congress in connection with the awarding of which prohibits discrimination on the basis management program developed under the any Federal contract, the making of any of sex; (c) Section 504 of the Rehabilitation Coastal Zone Management Act of 1972 (16 Federal grant, the making of any Federal Act of 1973, as amended (29 U.S.C. § 794), U.S.C. §§ 1451 et seq.); (f) conformity of loan, the entering into of any cooperative which prohibits discrimination on the basis Federal actions to State (Clean Air) agreement, and the extension, continuation, of handicaps; (d) the AGe Discrimination Act Implementation Plans under Section 176(c) renewal, amendment, or modification of any of 1975, as amended (42 U.S.C. §§ 6101– of the Clean Air Act of 1955, as amended (42 Federal contract, grant, loan, or cooperative 6107), which prohibits discrimination on the U.S.C. §§ 7401 et seq.); (g) protection of agreement. basis of age; (e) the Drug Abuse Office and underground sources of drinking water under (2) If any funds other than Federal Treatment Act of 1972 (P.L. 92–255), as the Safe Drinking Water Act of 1974, as appropriated funds have been paid or will be amended, relating to nondiscrimination on amended (P.L. 93–523); and, (h) protection of paid to any person for influencing or the basis of drug abuse; (f) the endangered species under the Endangered attempting to influence an officer or Comprehensive Alcohol Abuse and Species Act of 1973, as amended (P.L. 93– employee of any agency, a Member of Alcoholism Prevention, Treatment and 205). Congress, an officer or employee of Congress,
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Attachment E.—Instructions for Completion 10. (a) Enter the full name, address, city, 2. The certification set out below is a of SF–LLL, Disclosure of Lobbying Activities State and zip code of the lobbying registrant material representation of fact upon which This disclosure form shall be completed by under the Lobbying Disclosure Act of 1995 reliance is placed when the agency awards the reporting entity, whether subawardee or engaged by the reporting entity identified in the grant. If it is later determined that the prime Federal recipient, at the initiation or item 4 to influence the covered Federal grantee knowingly rendered a false receipt of a covered Federal action, or a action. certification, or otherwise violates the material change to a previous filing, pursuant (b) Enter the full names of the individual(s) requirements of the Drug-Free Workplace to tile 31 U.S.C. section 1352. The filing of performing services, and include full address Act, the agency, in addition to any other a form is required for each payment or if different from 10(a). Enter Last Name, First remedies available to the Federal agreement to make payment to any lobbying Name, and Middle Initial (MI). Government, may take action authorized entity for influencing or attempting to 11. The certifying official shall sign and under the Drug-Free Workplace Act. influence an officer or employee of any date the form, print his/her name, title, and 3. For grantees other than individuals, agency, a Member of Congress, an officer or telephone number. Alternate I applies. employee of Congress, or an employee of a According to the Paperwork Reduction 4. For grantees who are individuals, Member of Congress in connection with a Act, as amended, no persons are required to Alternate II applies. covered Federal action. Complete all items respond to a collection of information unless 5. Workplaces under grants, for grantees that apply for both the initial filing and it displays a valid OMB Control Number. The other than individuals, need not be identified material change report. Refer to the valid OMB control number for this on the certification. If known, they may be implementing guidance published by the information collection is OMB No. 0348– identified in the grant application. If the Office of Management and Budget for 0046. Public reporting burden for this grantee does not identify the workplaces at additional information. collection of information is estimated to the time of application, or upon award, if 1. Identify the type of covered Federal average 10 minutes per response, including there is no application, the grantee must keep action for which lobbying activity is and/or time for reviewing instructions, searching the identity of the workplace(s) on file in its has been secured to influence the outcome of existing data sources, gathering and office and make the information available for a covered Federal action. maintaining the data needed, and completing Federal inspection. Failure to identify all 2. Identify the status of the covered Federal and reviewing the collection of information. known workplaces constitutes a violation of action. Send comments regarding the burden the grantee’s drug-free workplace 3. Identify the appropriate classification of estimate or any other aspect of this collection requirements. this report. If this is a followup report caused of information, including suggestions for 6. Workplace identifications must include by a material change to the information reducing this burden, to the Office of the actual address of buildings (or parts of previously reported, enter the year and Management and Budget, Paperwork buildings) or other sites where work under quarter in which the change occurred. Enter Reduction Project (0348–0046), Washington, the grant takes place. Categorical descriptions the date of the last previously submitted DC 20503. may be used (e.g., all vehicles of a mass report by this reporting entity for this Attachment F.—Certification Regarding transit authority or State highway department covered Federal action. Maintenance of Effort while in operation, State employees in each 4. Enter the full name, address, city, State local unemployment office, performers in and zip code of the reporting entity, include In accordance with the applicable program concert halls or radio studios). Congressional District, if known. Check the statute(s) and regulation(s), the undersigned 7. If the workplace identified to the agency appropriate classification of the reporting certifies that financial assistance provided by changes during the performance of the grant, entity that designates if it is, or expects to be, the Administration for Children and the grantee shall inform the agency of the a prime or subaward recipient. Identify the Families, for the specified activities to be llllll change(s), if it previously identified the tier of the subawardee, e.g., the first performed under the Program workplaces in question (see paragraph five). by llllll (Applicant Organization), subawardee of the prime is the 1st entire. 8. Definitions of terms in the will be in addition to, and not in substitution Subawards include but are not limited to Nonprocurement Suspension and Debarment for, comparable activities previously carried subcontracts, subgrants and contract awards common rule and Drug-Free Workplace on without Federal assistance. under grants. common rule apply to this certification. 5. If the organization filing the report in lllllllllllllllllllll Grantees’ attention is called, in particular, to item 4 checks ‘‘Subawardee,’’ then enter the Signature of Authorized Certifying the following definitions from these rules: full name, address, city, State and zip code Officialllllll Controlled substance means a controlled of the prime Federal recipient. Include Title substance in Schedules I through V of the Congressional District, if known. lllllllllllllllllllll Controlled Substances Act (21 U.S.C. 812) 6. Enter the name of the Federal agency Date making the award or loan commitment. and as further defined by regulation (21 CFR Include at least one organizational level Attachment G.—Certification Regarding 1308.11 through 1308.15); below agency name, if known. For example, Drug-Free Workplace Requirements Conviction means a finding of guilt Department of Transportation, United States This certification is required by the (including a plea of nolo contendere) or Coast Guard. regulations implementing the Drug-Free imposition of sentence, or both, by any 7. Enter the Federal program name or Workplace Act of 1988: 45 CFR Part 76, judicial body charged with the responsibility description for the covered Federal action Subpart, F. Sections 76.630(c) and (d)(2) and to determine violations of the Federal or (item 1). If known, enter the full Catalog of 76.645(a)(1) and (b) provide that a Federal State criminal drug statutes; Federal Domestic Assistance (CFDA) number agency may designate a central receipt point Criminal drug statute means a Federal or for grants, cooperative agreements, loans, and for STATE-WIDE AND STATE AGENCY- non-Federal criminal statute involving the loan commitments. WIDE certifications, and for notification of manufacture, distribution, dispensing, use, or 8. Enter the most appropriate Federal criminal drug convictions. For the possession of any controlled substance; identifying number available for the Federal Department of Health and Human Services, Employee means the employee of a grantee action identified in item 1 (e.g., Request for the central point is: Division of Grants directly engaged in the performance of work Proposal (RFP) number; invitation for Bid Management and Oversight, Office of under a grant, including: (i) All direct charge (IFB) number; grant announcement number; Management and Acquisition, Department of employees; (ii) All indirect charge employees the contract, grant, or loan award number; Health and Human Services, Room 517–D, unless their impact or involvement is the application/proposal control number 200 Independence Avenue, SW Washington, insignificant to the performance of the grant; assigned by the Federal agency). Include DC 20201. and, (iii) Temporary personnel and prefixes, e.g., ‘‘RFP–DE–90–001.’’ consultants who are directly engaged in the 9. For a covered Federal action where there Certification Regarding Drug-Free Workplace performance of work under the grant and has been an award or loan commitment by Requirements (Instructions for Certification) who are on the grantee’s payroll. This the Federal agency, enter the Federal amount 1. By signing and/or submitting this definition does not include workers not on of the award/loan commitment for the prime application or grant agreement, the grantee is the payroll of the grantee (e.g., volunteers, entity identified in item 4 or 5. providing the certification set out below. even if used to meet a matching requirement;
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(Grantees Other Than county, state, zip code) will be considered in connection with the Individuals) lllllllllllllllllllll department or agency’s determination The grantee certifies that it will or will lllllllllllllllllllll whether to enter into this transaction. continue to provide a drug-free workplace by: Check if there are workplaces on file that However, failure of the prospective primary (a) Publishing a statement notifying are not identified here. participant to furnish a certification or an employees that the unlawful manufacture, Alternate II. (Grantees Who Are Individuals) explanation shall disqualify such person distribution, dispensing, possession, or use of from participation in this transaction. (a) The grantee certifies that, as a condition a controlled substance is prohibited in the 3. The certification in this clause is a of the grant, he or she will not engage in the grantee’s workplace and specifying the material representation of fact upon which unlawful manufacture, distribution, actions that will be taken against employees reliance was placed when the department or dispensing, possession, or use of a controlled agency determined to enter into this for violation of such prohibition; substance in conducting any activity with the (b) Establishing an ongoing drug-free transaction. If it is later determined that the grant; prospective primary participant knowingly awareness program to inform employees (b) If convicted of a criminal drug offense about— rendered an erroneous certification, in resulting from a violation occurring during addition to other remedies available to the (1) The dangers of drug abuse in the the conduct of any grant activity, he or she workplace; Federal Government, the department or will report the conviction, in writing, within agency may terminate this transaction for (2) The grantee’s policy of maintaining a 10 calendar days of the conviction, to every drug-free workplace; cause or default. grant officer or other designee, unless the 4. The prospective primary participant (3) Any available drug counseling, Federal agency designates a central point for rehabilitation, and employee assistance shall provide immediate written notice to the the receipt of such notices. When notice is department or agency to which this proposal programs; and made to such a central point, it shall include is submitted if at any time the prospective (4) The penalties that may be imposed the identification number(s) of each affected primary participant learns that its upon employees for drug abuse violations grant. occurring in the workplace; certification was erroneous when submitted (c) Making it a requirement that each [55 FR 21690, 21702, May 25, 1990] or has become erroneous by reason of employee to be engaged in the performance Attachment H.—Certification Regarding changed circumstances. of the grant be given a copy of the statement Environmental Tobacco Smoke 5. The terms covered transaction, debarred, required by paragraph (a); suspended, ineligible, lower tier covered Public Law 103227, Part C Environmental (d) Notifying the employee in the statement transaction, participant, person, primary Tobacco Smoke, also known as the Pro required by paragraph (a) that, as a condition covered transaction, principal, proposal, and Children Act of 1994, requires that smoking of employment under the grant, the employee voluntarily excluded, as used in this clause, not be permitted in any portion of any indoor will— have the meanings set out in the Definitions routinely owned or leased or contracted for (1) Abide by the terms of the statement; and Coverage sections of the rules by an entity and used routinely or regularly and implementing Executive Order 12549. You for provision of health, day care, education, (2) Notify the employer in writing of his or may contact the department or agency to or library services to children under the age her conviction for a violation of a criminal which this proposal is being submitted for of 18, if the services are funded by Federal drug statute occurring in the workplace no assistance in obtaining a copy of those programs either directly or through State or later than five calendar days after such regulations. local governments, by Federal grant, contract, conviction; 6. The prospective primary participant loan, or loan guarantee. The law does not (e) Notifying the agency in writing, within agrees by submitting this proposal that, apply to children’s services provided in ten calendar days after receiving notice under should the proposed covered transaction be private residences, facilities funded solely by paragraph (d)(2) from an employee or entered into, it shall not knowingly enter into Medicare or Medicaid funds, and portions of otherwise receiving actual notice of such facilities used for inpatient drug or alcohol any lower tier covered transaction with a conviction. Employers of convicted treatment. Failure to comply with the person who is proposed for debarment under employees must provide notice, including provisions of the law may result in the 48 CFR part 9, subpart 9.4, debarred, position title, to every grant officer or other imposition of a civil monetary penalty of up suspended, declared ineligible, or voluntarily designee on whose grant activity the to $1,000 per day and/or the imposition of an excluded from participation in this covered convicted employee was working, unless the administrative compliance order on the transaction, unless authorized by the Federal agency has designated a central point responsible entity. By signing and submitting department or agency entering into this for the receipt of such notices. Notice shall this application the applicant/grantee transaction. include the identification number(s) of each certifies that it will comply with the 7. The prospective primary participant affected grant; requirements of the Act. further agrees by submitting this proposal (f) Taking one of the following actions, The applicant/grantee further agrees that it that it will include the clause titled within 30 calendar days of receiving notice will require the language of this certification ‘‘Certification Regarding Debarment, under paragraph (d)(2), with respect to any be included in any subawards which contain Suspension, Ineligibility and Voluntary employee who is so convicted— provisions for the children’s services and that Exclusion-Lower Tier Covered Transaction,’’ (1) Taking appropriate personnel action all subgrantees shall certify accordingly. provided by the department or agency against such an employee, up to and entering into this covered transaction, including termination, consistent with the Attachment I.—Certification Regarding without modification, in all lower tier requirements of the Rehabilitation Act of Debarment, Suspension and Other covered transactions and in all solicitations 1973, as amended; or Responsibility Matters for lower tier covered transactions. (2) Requiring such employee to participate Certification Regarding Debarment, 8. A participant in a covered transaction satisfactorily in a drug abuse assistance or Suspension and Other Responsibility may rely upon a certification of a prospective rehabilitation program approved for such Matters—Primary Covered Transactions participant in a lower tier covered purposes by a Federal, State, or local health, transaction that it is not proposed for law enforcement, or other appropriate Instructions for Certification debarment under 48 CFR part 9, subpart 9.4, agency; 1. By signing and submitting this proposal, debarred, suspended, ineligible, or (g) Making a good faith effort to continue the prospective primary participant is voluntarily excluded from the covered to maintain a drug-free workplace through providing the certification set out below. transaction, unless it knows that the
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If it is later determined that knowingly enters into a lower tier covered it determines the eligibility of its principals. the prospective lower tier participant transaction with a person who is proposed Each participant may, but is not required to, knowingly rendered an erroneous for debarment under 48 CFR part 9, subpart check the List of Parties Excluded from certification, in addition to other remedies 9.4, suspended, debarred, ineligible, or Federal Procurement and Nonprocurement available to the Federal Government the voluntarily excluded from participation in Programs. department or agency with which this this transaction, in addition to other 9. Nothing contained in the foregoing shall transaction originated may pursue available remedies available to the Federal be construed to require establishment of a remedies, including suspension and/or Government, the department or agency with system of records in order to render in good debarment. which this transaction originated may pursue faith the certification required by this clause. 3. The prospective lower tier participant available remedies, including suspension The knowledge and information of a shall provide immediate written notice to the and/or debarment. participant is not required to exceed that person to which this proposal is submitted if which is normally possessed by a prudent at any time the prospective lower tier Certification Regarding Debarment, person in the ordinary course of business participant learns that its certification was Suspension, Ineligibility and Voluntary dealings. erroneous when submitted or had become Exclusion—Lower Tier Covered Transactions 10. Except for transactions authorized erroneous by reason of changed (1) The prospective lower tier participant under paragraph 6 of these instructions, if a circumstances. certifies, by submission of this proposal, that participant in a covered transaction 4. The terms covered transaction, debarred, neither it nor its principals is presently knowingly enters into a lower tier covered suspended, ineligible, lower tier covered debarred, suspended, proposed for transaction with a person who is proposed transaction, participant, person, primary debarment, declared ineligible, or voluntarily for debarment under 48 CFR part 9, subpart covered transaction, principal, proposal, and excluded from participation in this 9.4, suspended, debarred, ineligible, or voluntarily excluded, as used in this clause, transaction by any Federal department or voluntarily excluded from participation in have the meaning set out in the Definitions agency. this transaction, in addition to other and Coverage sections of rules implementing (2) Where the prospective lower tier remedies available to the Federal Executive Order 12549. You may contact the participant is unable to certify to any of the Government, the department or agency may person to which this proposal is submitted statements in this certification, such terminate this transaction for cause or for assistance in obtaining a copy of those prospective participant shall attach an default. regulations. explanation to this proposal. Certification Regarding Debarment, 5. The prospective lower tier participant Attachment J.—State Single Point of Contact Suspension, and Other Responsibility agrees by submitting this proposal that, Listing Maintained by OMB Matters—Primary Covered Transactions [[Page 33043]] should the proposed covered transaction be entered into, it shall not In accordance with Executive Order (1) The prospective primary participant #12372, ‘‘Intergovernmental Review of certifies to the best of its knowledge and knowingly enter into any lower tier covered transaction with a person who is proposed Federal Programs,’’ Section 4, ‘‘the Office of belief, that it and its principals: Management and Budget (OMB) shall (a) Are not presently debarred, suspended, for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, maintain a list of official State entities proposed for debarment, declared ineligible, designated by the States to review and or voluntarily excluded by any Federal or voluntarily excluded from participation in coordinate proposed Federal financial department or agency; this covered transaction, unless authorized assistance and direct Federal development.’’ (b) Have not within a three-year period by the department or agency with which this This attached listing is the OFFICIAL OMB preceding this proposal been convicted of or transaction originated. LISTING. This listing is also published in the had a civil judgment rendered against them 6. The prospective lower tier participant for commission of fraud or a criminal offense further agrees by submitting this proposal Catalogue of Federal Domestic Assistance in connection with obtaining, attempting to that it will include this clause titled biannually. obtain, or performing a public (Federal, State ‘‘Certification Regarding Debarment, August 23, 1999, OMB State Single Point of or local) transaction or contract under a Suspension, Ineligibility and Voluntary Contact Listing* public transaction; violation of Federal or Exclusion-Lower Tier Covered Transaction,’’ State antitrust statutes or commission of without modification, in all lower tier Arizona embezzlement, theft, forgery, bribery, covered transactions and in all solicitations Joni Saad falsification or destruction of records, making for lower tier covered transactions. Arizona State Clearinghouse false statements, or receiving stolen property; 7. A participant in a covered transaction 3800 N. Central Avenue (c) Are not presently indicted for or may rely upon a certification of a prospective Fourteenth Floor otherwise criminally or civilly charged by a participant in a lower tier covered Phoenix, Arizona 85012 governmental entity (Federal, State or local) transaction that it is not proposed for Telephone: (602) 280–1315 with commission of any of the offenses debarment under 48 CFR part 9, subpart 9.4, FAX: (602) 280–8144 enumerated in paragraph (1)(b) of this debarred, suspended, ineligible, or Arkansas certification; and voluntarily excluded from covered (d) Have not within a three-year period transactions, unless it knows that the Mr. Tracy L. Copeland preceding this application/proposal had one certification is erroneous. A participant may Manager, State Clearinghouse or more public transactions (Federal, State or decide the method and frequency by which Office of Intergovernmental Services local) terminated for cause or default. it determines the eligibility of its principals. Department of Finance and Administration (2) Where the prospective primary Each participant may, but is not required to, 515 W. 7th St., Room 412 participant is unable to certify to any of the check the List of Parties Excluded from Little Rock, Arkansas 72203 statements in this certification, such Federal Procurement and Nonprocurement Telephone: (501) 682–1074 prospective participant shall attach an Programs. FAX: (501) 682–5206 explanation to this proposal. 8. Nothing contained in the foregoing shall California Certification Regarding Debarment, be construed to require establishment of a Grants Coordination Suspension, Ineligibility and Voluntary system of records in order to render in good State Clearinghouse Exclusion—Lower Tier Covered Transactions faith the certification required by this clause. Office of Planning and Research The knowledge and information of a Instructions for Certification 1400 Tenth Street, Room 121 participant is not required to exceed that Sacramento, California 95814 1. By signing and submitting this proposal, which is normally possessed by a prudent Telephone: (916) 445–0613 the prospective lower tier participant is person in the ordinary course of business FAX: (916) 323–3018 providing the certification set out below. dealings. 2. The certification in this clause is a 9. Except for transactions authorized under Delaware material representation of fact upon which paragraph 5 of these instructions, if a Francine Booth
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State Single Point of Contact Telephone: (207) 287–3261 North Carolina Department of Administration Executive Department FAX: (207) 287–6489 116 West Jones Street—Suite 5106 Office of the Budget Maryland Raleigh, North Carolina 27603–8003 540 S. Dupont Highway Telephone: (919) 733–7232 Suite 5 Linda Janey FAX: (919) 733–9571 Manager, Plan and Project Review Dover, Delaware 19901 North Dakota Telephone: (302) 739–3326 Maryland Office of Planning FAX: (302) 739–5661 301 W. Preston Street, Room 1104 North Dakota Single Point of Contact Baltimore, Maryland 21201–2365 Office of Intergovernmental Assistance District of Columbia Staff Contact: Linda Janey 600 East Boulevard Avenue Charles Nichols Telephone: (410) 767–4490 Bismarck, North Dakota 58505–0170 State Single Point of Contact FAX: (410) 767–4480 Telephone: (701) 224–2094 Office of Grants Mgmt. and Dev. Michigan FAX: (701) 224–2308 717 14th Street, N.W., Suite 1200 Rhode Island Washington, D.C. 20005 Richard Pfaff Telephone: (202) 727–1700 (direct) Southeast Michigan Council of Governments Kevin Nelson FAX: (202) 727–1617 660 Plaza Drive, Suite 1900 Review Coordinator Detroit, Michigan 48226 Department of Administration Florida Telephone: (313) 961–4266 Division of Planning Florida State Clearinghouse FAX: (313) 961–4869 One Capitol Hill, 4th Floor Department of Community Affairs Mississippi Providence, Rhode Island 02908–5870 2555 Shumard Oak Blvd. Telephone: (401) 277–2656 Tallahassee, Florida 32399–2100 Cathy Mallette FAX: (401) 277–2083 Clearinghouse Officer Telephone: (850) 922–5438 South Carolina FAX: (850) 414–0479 Department of Finance and Administration Contact: Cherie Trainor (850) 414–5495 550 High Street Omeagia Burgess 303 Walters Sillers Building State Single Point of Contact Georgia Jackson, Mississippi 39201–3087 Budget and Control Board Deborah Stephens FAX: (601) 359–6758 Office of State Budget Coordinator Missouri 1122 Ladies Street—12th Floor Georgia State Clearinghouse Columbia, South Carolina 29201 270 Washington Street, S.W., 8th Floor Lois Pohl Telephone: (803) 734–0494 Atlanta, Georgia 30334 Federal Assistance Clearinghouse FAX: (803) 734–0645 Office of Administration Telephone: (404) 656–3855 Texas FAX: (404) 656–7901 P.O. Box 809 Jefferson Building, 9th Floor Tom Adams Illinois Jefferson City, Missouri 65102 Governor Office Virginia Bova, State Single Point of Contact Telephone: (314) 751–4834 Director, Intergovernmental Coordination Illinois Department of Commerce and FAX: (314) 751–7819 P.O. Box 12428 Community Affairs Austin, Texas 78711 Nevada James R. Thompson Center Telephone: (512) 463–1771 100 West Randolph, Suite 3–400 Department of Administration FAX: (512) 936–2681 State Clearinghouse Chicago, Illinois 60601 Utah Telephone: (312) 814–6028 209 E. Musser Street, Room 220 FAX: (312) 814–1800 Carson City, Nevada 89710 Carolyn Wright Utah State Clearinghouse Indiana Telephone: (702) 687–4065 FAX: (702) 687–3983 Office of Planning and Budget Renee Miller Contact: Heather Elliot Room 116 State Capitol State Budget Agency (702) 687–6367 Salt Lake City, Utah 94114 212 State House Telephone: (801) 538–1027 Indianapolis, Indiana 46204–2796 New Hampshire FAX: (801) 538–1547 Telephone: (317) 232–2971 (directline) Jeffrey H. Taylor West Virginia FAX: (317) 233–3323 Director, New Hampshire Office of State Fred Cutlip, Director Iowa Planning Attn: Intergovernmental Review Process Community Development Division Steven R. McCann Mike Blake W. Virginia Development Office Division for Community Assistance 1 Building #6, Room 553 2 ⁄2 Beacon Street Iowa Department of Economic Development Concord, New Hampshire 03301 Charleston, West Virginia 25305 200 East Grand Avenue Telephone: (603) 271–2155 Telephone: (304) 558–4010 Des Moines, Iowa 50309 FAX: (603) 271–1728 FAX: (304) 558–3248 Telephone: (515) 242–4719 Wisconsin FAX: (515) 242–4809 New Mexico Jeff Smith Kentucky Nick Mandell Local Government Division Section Chief, Federal/State Relations Kevin J. Goldsmith, Director Room 201 Bataan Memorial Wisconsin Department of Administration Sandra Brewer, Executive Secretary Santa Fe, New Mexico 87503 101 East Wilson Street—6th Floor Intergovernmental Affairs Telephone: (505) 827–3640 P.O. Box 7868 Office of the Governor FAX: (505) 827–4984 Madison, Wisconsin 53707 700 Capitol Avenue Telephone: (608) 266–0267 Frankfort, Kentucky 40601 New York FAX: (608) 267–6931 Telephone: (502) 564–2611 New York State Clearinghouse Wyoming FAX: (502) 564–0437 Division of the Budget Sandy Ross Maine State Capitol Albany, New York 12224 State Single Point of Contact Joyce Benson Telephone: (518) 474–1605 Department of Administration and State Planning Office FAX: (518) 486–5617 Information 184 State Street 2001 Capitol Avenue, Room 214 38 State House Station North Carolina Cheyenne, WY 82002 Augusta, Maine 04333 Jeanette Furney Telephone: (307) 777–5492
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FAX: (307) 777–3696 *In accordance with Executive Order Part 81—Practice and Procedures for #12372, ‘‘Intergovernmental Review of Hearings Under Part 80 of this Title Territories Federal Programs’’ this listing represents the Part 83—Regulation for the Administration Guam designated State Single Points of Contact. and Enforcement of Sections 799A and 845 Joseph Rivera The jurisdictions not listed no longer of the Public Health Service Act Acting Director participate in the process BUT GRANT Part 84—Non-discrimination on the Basis of Bureau of Budget and Management Research APPLICANTS ARE STILL ELIGIBLE TO Handicap in Programs and Activities Office of the Governor APPLY FOR THE GRANT EVEN IF YOUR Receiving Federal Financial Assistance P.O. Box 2950 STATE, TERRITORY, COMMONWEALTH, Part 85—Enforcement of Non-Discrimination Agana, Guam 96932 ETC DOES NOT HAVE A ‘‘STATE SINGLE on the Basis of Handicap in Programs or Telephone: (671) 475–9411 or 9412 POINT OF CONTACT.’’ STATES WITHOUT Activities Conducted by the Department of FAX: (671) 472–2825 ‘‘STATE SINGLE POINTS OF CONTACT’’ Health and Human Services Puerto Rico INCLUDE: Alabama, Alaska; American Part 86—Non-discrimination on the Basis of Samoa; Colorado; Connecticut; Hawaii; Jose Caballero-Mercado Sex in Education Programs and Activities Chairman Idaho; Kansas; Louisiana; Massachusetts; Receiving or Benefiting from Federal Puerto Rico Planning Board Minnesota; Montana; Nebraska; New Jersey; Financial Assistance Federal Proposals Review Office Ohio; Oklahoma; Oregon; Palau; Part 91—Non-discrimination on the Basis of Minillas Government Center Pennsylvania; South Dakota; Tennessee; Age in Health and Human Services P.O. Box 41119 Vermont; Virginia; and Washington. This list Programs or Activities Receiving Federal San Juan, Puerto Rico 00940–1119 is based on the most current information Financial Assistance Telephone: (787) 727–4444 provided by the States. Information on any Part 92—Uniform Administrative (787) 723–6190 changes or apparent errors should be Requirements for Grants and Cooperative FAX: (787) 724–3270 provided to the Office of Management and Agreements to States and Local Budget and the State in question. Changes to Northern Mariana Islands Governments (Federal Register, March 11, the list will only be made upon formal 1988) Mr. Alvaro A. Santo, Executive Officer notification by the State. Also, this listing is Part 93—New Restrictions on Lobbying Part Office of Management and Budget published biannually in the Catalogue of 100—Intergovernmental Review of Office of the Governor Federal Domestic Assistance. Saipan, MP 96950 Department of Health and Human Services Telephone: (670) 664–2256 Attachment K.—DHHS Regulations Apply to Programs and Activities FAX: (670) 664–2272 All Applicants/Grantees Under the Assets Attachment L.—Accounting Regulations Contact person: Ms. Jacoba T. Seman for Independence Demonstration Program Federal Programs Coordinator (IDA Program) The Program Announcement states in Part II Sections G(1) and M that the Accounting Telephone: (670) 664–2289 Title 45 of the Code of Federal Regulations: FAX: (670) 664–2272 Regulations for maintenance of the Reserve Part 16—Department of Grant Appeals Fund to which partnering financial Virgin Islands Process Institutions must adhere could be found in Nellon Bowry Part 74—Administration of Grants (grants this Attachment L. Director, Office of Management and Budget with subgrants to entities) As this Program Announcement went to #41 Norregade Emancipation Garden Part 75—Informal Grant Appeal Procedures press the subject Accounting Regulations Station, Second Floor Part 76—Debarment and Suspension from were still in clearance. Consequently, they Saint Thomas, Virgin Islands 00802 Eligibility for Financial Assistance are not available for inclusion at this time: Please direct all questions and Subpart F—Drug Free Workplace and instead, copies of the Regulations, which correspondence about intergovernmental Requirements basically conform to CFR part 74, will be review to: Linda Clark, Telephone: (809) Part 80—Non-Discrimination Under made available to grantees at the time of 774–0750, FAX: (809) 776–0069. Programs Receiving Federal Assistance grant award. If you would like a copy of this list faxed through the Department of Health and to your office, please call our publications Human Services Effectuation of Title VIp [FR Doc. 99–31321 Filed 12–13–99; 8:45 am] office at: (202) 395–9068. of the Civil Rights Act of 1964 BILLING CODE 4184±01±P
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DEPARTMENT OF TRANSPORTATION written data, views, or arguments as Rulemaking Distribution System, which they may desire. Comments relating to describes the application procedure. Federal Aviation Administration the environmental, energy, federalism, Background or economic impact that might result 14 CFR Part 11 from adopting the proposals in this 1. Proposed Substantive Changes [Docket No. FAA±1999±6622; Notice No. 99± document also are invited. Substantive We propose to revise part 11 by 20] comments should be accompanied by eliminating redundant and outdated cost estimates. Comments must identify RIN 2120±AG95 information that is not necessary to the regulatory docket or notice number public participation in the rulemaking General Rulemaking Procedures and be submitted in duplicate to the process. We also propose to remove DOT Rules Docket address specified supplementary information available on AGENCY: Federal Aviation above. request from FAA, such as internal Administration (FAA), DOT. All comments received, as well as a delegations of authority. This change ACTION: Notice of proposed rulemaking report summarizing each substantive will help FAA keep its procedures (NPRM). public contact with FAA personnel current because we will be able to concerning this proposed rulemaking, SUMMARY: FAA is issuing this proposed change supplementary information that will be filed in the docket. The docket is not critical to your participation in rule in response to President Clinton’s is available for public inspection before mandate to Federal agencies to make the rulemaking process without the and after the comment closing date. need to revise Part 11. communications with the public more All comments received on or before understandable. FAA proposes to revise Because of the elimination of the closing date will be considered by redundant material from subparts A and clarify its rulemaking procedures by the Administrator before taking action putting them into plain language and by through E, FAA will fold all its on this proposed rulemaking. Comments rulemaking procedures into one subpart, removing redundant and outdated filed late will be considered as far as material. Rulemaking procedures are an A. This rulemaking consolidates possible without incurring expense or material on different aspects of our important way for the public to interact delay. The proposals in this document with FAA, and it is important that these regulatory program into one subpart, may be changed in light of the clarifying that there is really only one procedures be easy to understand and comments received. follow. basic process the public must follow to Commenters wishing the FAA to interact with our regulatory program. DATES: Send your comments on or acknowledge receipt of their comments We will eliminate some provisions that before January 28, 2000. submitted in response to this document are obsolete. These changes are ADDRESSES: Address your comments to must include a pre-addressed, stamped explained in more detail in the the Docket Management System, U.S. postcard with those comments on which following paragraphs. Finally, we will Department of Transportation, Room PL the following statement is made: update our list of information collection 401, 400 Seventh Street, SW, ‘‘Comments to Docket No. FAA–1999– clearance numbers found in current Washington, DC 20590–0001. You must 6622.’’ The postcard will be date subpart F, now redesignated subpart B. identify the docket number FAA–1999– stamped and mailed to the commenter. New subpart B is not printed here; it 6622 at the beginning of your Availability of NPRMs will be included in the final version of comments, and you should submit two part 11. copies of your comments. If you wish to An electronic copy of this document receive confirmation that FAA has may be downloaded using a modem and A. General Changes received your comments, include a self- suitable communications software from FAA is proposing some general addressed, stamped postcard. the FAA regulations section of the changes that will impact several You may also submit comments FedWorld electronic bulletin board different sections in the rule. through the Internet to http:// service (telephone: (703) 321–3339) or Petitions for Reconsideration of Final dms.dot.gov. You may review the public the Government Printing Office (GPO)’s Rules. We have removed any reference docket containing comments to these electronic bulletin board service in proposed part 11 to petitions for proposed regulations in person in the (telephone: (202) 512–1661). reconsideration of a final rule. The Dockets Office between 9:00 a.m. and Internet users may reach the FAA’s current rule discusses this procedure 5:00 p.m., Monday through Friday, web page at http://www.faa.gov/avr/ only for final rules for the designation except Federal holidays. The Dockets arm/nprm/nprm.htm or the GPO’s web of controlled airspace and for Office is on the plaza level of the Nassif page at http://www.access.gpo.gov/nara airworthiness directives (see current Building at the Department of access to recently published rulemaking §§ 11.73 and 11.93). Actually, under Transportation at the above address. documents. both current part 11 and proposed part Also, you may review public dockets on Any person may obtain a copy of this 11 you may ask FAA to reconsider any the Internet at http://dms.dot.gov. document by submitting a request to the agency final rule by following FAA FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration, Office rulemaking procedures. For example, if Donald Byrne, Assistant Chief Counsel, of Rulemaking, ARM–1, 800 the FAA issues a final rule accompanied Regulations Division, AGC–200, Federal Independence Avenue SW., by a request for comments, you may Aviation Administration, 800 Washington, DC 20591, or by calling submit arguments why the final rule Independence Ave. SW., Washington, (202) 267–9680. Communications must should not have been adopted. If we DC 20591; telephone: (202) 267–3073. identify the notice number or docket agree, we may issue another final rule SUPPLEMENTARY INFORMATION: number of this NPRM. repealing or revising the earlier rule. Persons interested in being placed on In addition, you may file a petition for Comments Invited the mailing list for future rulemaking rulemaking to repeal or revise a final Interested persons are invited to documents should request from the rule we recently adopted. If we agree participate in the making of the above office a copy of Advisory Circular with you that we should not have proposed action by submitting such No. 11–2A, Notice of Proposed adopted the final rule, we may issue
VerDate 29-OCT-99 19:08 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14DEP2.XXX pfrm03 PsN: 14DEP2 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Proposed Rules 69857 another final rule repealing or revising discussion of a proposal is appropriate, for us to keep this information current. it. If you persuade us that the final rule the FAA will hold an open public You can get this information from us at was not reasonable in light of the meeting. any time. record, including the comments we We have removed the provisions now We have retained some references to received, we may do this by issuing an in § 11.67 for conducting hearings. delegations where you need to know immediate final rule to correct the Informal airspace meetings generally them to participate in the rulemaking problem. If you provide information that have replaced this procedure. These process. For example, the Director of we didn’t have before, we may need to meetings are held prior to issuing an Rulemaking accepts most petitions for preface our repeal or revision with an NPRM. We issue a notice announcing rulemaking or exemption on behalf of opportunity for others to comment. them in the Federal Register and open the Administrator. Other officials accept Petitions for Reconsideration of them to the public. At the meeting, we certain other petitions. These are shown Denied Petitions. We have created a accept oral as well as written comments. in tables in the proposed text. single, simplified section to explain The purpose of these meetings is to Special Conditions. We have removed how to obtain reconsideration of a collect information from local aviation the discussion of special conditions denial of a petition for rulemaking or users on the impact on operations in the now in § 11.28. The FAA issues special exemption. It is a simplified version of area of airspace changes we are conditions when we find that the the rule that currently applies to denials considering. airworthiness standards for a proposed of exemption (§ 11.55(d)). You have to Publication of Petitions for aircraft, engine, or propeller design do present a significant new fact and tell us Rulemaking. We have removed any not contain adequate or appropriate why you didn’t include it in your reference to the publication of safety standards, because of a novel or original petition. Or you have to show summaries of petitions for rulemaking unusual design feature. The FAA us how we made a significant factual for public comment. follows the same rulemaking procedures error or misapplied a law, regulation, or The FAA no longer publishes these as it does for general rules, and thus precedent incorrectly. If you can’t do summaries because we do an initial there is no need to address special this, we won’t be able to accept your screening when we receive your condition regulations separately. FAA petition for reconsideration. petition. In circumstances where your publishes additional information in the Rules and Procedures for Airspace petition does not meet our criteria for Federal Register notice to assist you in Designation. The procedures for action, we will deny your petition commenting on a proposed special designation of airspace currently in without delay. In deciding whether to condition. subpart D of part 11 are a variation of take action on your petition, we Legal Citations. Current part 11 the other rulemaking procedures found consider: the immediacy of the safety or identifies some types of rulemaking by elsewhere in part 11. As we have noted, security concerns you raise; their the statutory authority under which we propose to consolidate all our priority relative to other issues we must they are issued. For example, subpart D, rulemaking procedures in one subpart. address; and the resources we have which deals with the processing of We will continue to separately state available to address these issues. We airspace designations, refers to them as other information specific to the process also may decline to handle your petition ‘‘rules and orders issued under § 307(a) of designating airspace. For example, in as a separate action if we are already of the Federal Aviation Act of 1958.’’ In new § 11.77, we have indicated what addressing the issues you raise. For plain language, we call these simply information you must provide when you example, if we have tasked the Aviation ‘‘airspace designations.’’ In addition, petition the FAA to establish, amend, or Rulemaking Advisory Committee most of the legal citations in current revoke an airspace designation. This (ARAC) to study the general subject area part 11 are out of date. We have information is in addition to what you of your petition, we may ask the ARAC removed them since they are must provide with any other petition for to review and evaluate your proposed unnecessary to understanding the rulemaking. action as well. process. We will continue to include in We have removed discussion of the If your petition meets these criteria for the regulatory documents themselves Administrative Procedure Act for action, and we are not otherwise legal citations to the authority under airspace actions, since it is the same as addressing the issues you raise, we will which we issue them. for other subparts. We also removed any respond by issuing a Notice of Proposed Electronic Filing. The new rule makes reference to ‘‘orders,’’ since we no Rulemaking (NPRM) no later than 6 clear that we will accept comments, longer use them to designate airspace. months after we receive your petition. petitions, requests for extension of We only use regulations that we adopt In such a case, we invite public comment periods, and other requests using part 11 procedures. Also, we have comment on the proposed rule, rather from the public by e-mail. removed references to most internal than on your petition itself. delegations. New part 11 would not The FAA no longer publishes B. Description of Proposed Sections specify time periods for agency action. summaries of denials of petitions for Section 11.1: To what does this part The FAA will respond to petitions for rulemaking, in order to preserve apply? Proposed § 11.1 states that the airspace designations in a timely resources for processing priority part applies to FAA rulemaking actions manner, and will provide a reasonable rulemaking actions. covered by the Administrative time for you to submit comments and to Removal of Delegations. We have Procedure Act (APA). participate in any public meetings. removed almost all the references to Section 11.3: What are the most We have removed the reference now internal FAA delegations involving the common kinds of rulemaking actions for in § 11.65 that says an interested person processing of rulemaking actions. A which FAA follows APA procedures? is entitled to discuss or confer number of these delegations in current Proposed § 11.3 lists the most common informally with appropriate FAA part 11 are no longer accurate. We will types of rulemaking actions taken by officials concerning a proposed action. publish a separate notice in the Federal FAA that are covered by the This provision is contrary to DOT ex- Register, telling you who exercises the Administrative Procedure Act. parte policy, which prohibits non- authority of the Administrator in Section 11.5: Does FAA follow the public contacts with DOT officials once rulemaking matters. Doing this by notice same procedures in issuing all three an NPRM has been issued. Where instead of regulation will make it easier types of rules? Proposed § 11.5 states
VerDate 29-OCT-99 19:08 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\14DEP2.XXX pfrm03 PsN: 14DEP2 69858 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Proposed Rules that FAA follows the same general Section 11.35: Where can I find Section 11.71: What information must procedures for all these types of rules. information about an Airworthiness I include in my petition for rulemaking? Section 11.11: How does FAA issue Directive, an airspace designation, or a Proposed § 11.71 lists the information rules? Proposed § 11.11 lists the types of petition handled in a region? Proposed you must include in your petition for rulemaking documents that FAA issues, § 11.35 specifies that you can get rulemaking. such as notices of proposed rulemaking information about rulemaking actions Section 11.73: How does FAA process and final rules, and what we put in the taken in the regions by contacting the petitions for rulemaking? Proposed documents. person listed in the Federal Register § 11.73 discusses how FAA handles Section 11.13: What is an advance notice about the action. petitions for rulemaking, including notice of proposed rulemaking? Section 11.37: How may I participate under what circumstances FAA may Proposed § 11.13 describes an advance in FAA’s rulemaking process? Proposed dismiss your petition. notice of proposed rulemaking. § 11.37 explains that you may Section 11.75: Does FAA invite public Section 11.15: Are there other ways participate in FAA’s rulemaking by comment on petitions for rulemaking? FAA collects specific rulemaking filing comments, requesting a meeting, Proposed § 11.75 states that FAA does recommendations before we issue an or filing a petition. not invite public comment on petitions NPRM? Proposed § 11.15 describes Written Comments for rulemaking. FAA’s use of the Aviation Rulemaking Section 11.77: Is there any additional Advisory Committee and other Section 11.41: Who may file information I must include in my rulemaking advisory committees to get comments? Proposed § 11.41 explains petition for designating airspace? advice about specific rulemakings. that anyone may file written comments Proposed § 11.77 lists additional Section 11.17: What is a notice of about proposals made in any information you must include in a proposed rulemaking? Proposed § 11.17 rulemaking document that requests petition to designate airspace. describes a notice of proposed public comments. Section 11.81: What information must rulemaking. Section 11.43: What information must I include in my petition for an Section 11.19: What is a supplemental I put in my written comments? exemption? Proposed § 11.81 lists notice of proposed rulemaking? Proposed § 11.43 lists the information information you must include in your Proposed § 11.19 describes a that you must include in any comments petition for an exemption. on FAA’s rulemaking. supplemental notice of proposed Section 11.83: Are exemptions FAA rulemaking. Section 11.45: Where and when do I grants under this part valid outside the Section 11.21: May FAA change its file my comments? Proposed § 11.45 United States? Proposed § 11.83 regulations without first issuing an addresses the timeframes for filing explains how FAA handles exemptions ANPRM or NPRM? Proposed § 11.21 comments. that you want to use outside the United explains the circumstances under which Section 11.47: May I ask for more time States. FAA may adopt, amend, or repeal to file my comments? Proposed § 11.47 Section 11.85: Does FAA invite public regulations without first issuing an explains how to request more time to comment on petitions for exemption? ANPRM or NPRM. file comments. Proposed § 11.85 discusses how FAA Section 11.23: What is a final rule? publicizes petitions. Proposed § 11.23 describes a final rule. Public Meetings and Other Proceedings Section 11.25: What is a direct final Section 11.51: May I request that FAA Section 11.87: Are there rule? Proposed § 11.25 describes a direct hold a public meeting on a rulemaking circumstances under which FAA may final rule. action? Proposed § 11.51 explains how decide not to publish a summary of my Section 11.27: How does FAA process to request a public meeting on a petition for exemption? Proposed direct final rules? Proposed § 11.27 rulemaking action. § 11.87 explains what information you discusses FAA’s publication of Section 11.53: What takes place at a must provide to FAA to convince us not information on direct final rules in the public meeting? Proposed § 11.53 to delay your petition by publishing it. Federal Register and how FAA deals explains the nature of a public meeting. Section 11.89: How much time do I with adverse comments on direct final have to submit comments to FAA on a Petitions for Rulemaking and for rules. petition for exemption? Proposed Exemption Section 11.29: What is a final rule § 11.89 lists the amount of time usually with request for comments? Proposed Section 11.61: May I ask FAA to add, allowed for comments on a petition for § 11.29 discusses when FAA might ask amend, or repeal a regulation, or grant exemption. for comments on a final rule for which relief from the requirements of a current Section 11.91: What information does we did not issue an NPRM. regulation? Proposed § 11.61 explains FAA publish when it grants or denies Section 11.31: How can I track FAA’s that you may ask FAA to adopt, amend, my petition for exemption? Proposed rulemaking activities? Proposed § 11.31 or repeal a regulation, or grant relief § 11.91 lists what information FAA discusses how the public can use the from a regulation, by filing a petition. publishes after making a decision about docket number and the regulation Section 11.63: Where and to whom do a petition for exemption. identifier number (RIN) to track FAA’s I submit my petition for rulemaking or Section 11.101: Can I ask FAA to rulemaking activities in the Department petition for exemption? Proposed reconsider my petition for rulemaking of Transportation’s Docket Management § 11.63 provides an address to which or petition for exemption if it is denied? System (DMS) and in the Federal you should send your petition for Proposed § 11.101 explains how you can Register. rulemaking or petition for exemption. request FAA to reconsider petitions that Section 11.33: Does FAA include The rule would no longer discuss where we have denied. sensitive security information in the to file petitions for exemption from the Section 11.201—OMB control DMS? Proposed § 11.33 explains that medical standards in part 67, since numbers assigned pursuant to the FAA removes sensitive security exceptions to these standards are now Paperwork Reduction Act: The text of information from public comments handled by special issuances under this section will be updated and will before putting them in the DMS. § 67.401. appear in full in the final rule.
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2. Clearer Regulatory Format Order, we have not prepared a impact is minimal. Therefore, we certify Plain language helps readers find ‘‘regulatory impact analysis.’’ Similarly, that this proposed action would not requirements quickly and understand we have not prepared a ‘‘regulatory have a significant economic impact on them easily. To do that, we have evaluation,’’ which is the written cost/ a substantial number of small entities. benefit analysis ordinarily required for reorganized and reworded the Paperwork Reduction Act regulation using plain-language all rulemaking proposals under the DOT The Paperwork Reduction Act of 1995 techniques not usually found in the Regulatory Policies and Procedures. We (44 U.S.C. 3501–3520) requires that the Federal Register and the Code of do not need to do the latter analysis FAA consider the impact of paperwork Federal Regulations (CFR). where the economic impact of a • We have used undesignated center proposal is minimal. and other information collection burdens imposed on the public. We headings to cluster related sections Executive Order 13132, Federalism within subpart A. have determined that there are no new The FAA has analyzed this proposed • We have shortened sections, information collection requirements rule under the principles and criteria of paragraphs, and sentences, and where associated with part 11. Executive Order 13132, Federalism. We possible used simple words to speed up determined that this action would not International Trade reading and improve understanding. have a substantial direct effect on the The Office of Management and Budget • Our section headings in the form of States, on the relationship between the directs the FAA to assess whether or not questions help direct the readers to national Government and the States, or a regulatory change would affect specific material they are interested in. on the distribution of power and international trade. We determined that • We have used personal pronouns to responsibilities among the various the provisions of this proposed rule reduce passive voice and draw readers levels of government. Therefore, we would have no impact on trade for U.S. into the writing. determined that this notice does not firms doing business in foreign • We have used tables to display have federalism implications. countries and foreign firms doing complex information in a simple, easy- business in the United States. to-read format. Regulatory Flexibility Act Unfunded Mandates Reform Act 3. Rulemaking Analyses and The Regulatory Flexibility Act of 1980 Assessments (5 U.S.C. 601 et seq.) directs the FAA to The Unfunded Mandates Reform Act fit regulatory requirements to the scale of 1995 (2 U.S.C. 1532–1538) requires Executive Order 12866 and DOT of the business, organizations, and the FAA to assess the effects of Federal Regulatory Policies and Procedures governmental jurisdictions subject to regulatory actions on state, local, and Executive Order 12866, Regulatory the regulation. We are required to tribal governments, and on the private Planning and Review, directs the FAA determine whether a proposed or final sector of proposed rules that contain a to assess both the costs and benefits of action will have a ‘‘significant economic Federal intergovernmental or private a regulatory change. We are not allowed impact on a substantial number of small sector mandate that exceeds $100 to propose or adopt a regulation unless entities’’ as defined in the Act. If we million in any one year. This action we make a reasoned determination that find that the action will have a does not contain such a mandate. the benefits of the intended regulation significant impact, we must do a Cross Reference justify its costs. Our assessment of this ‘‘regulatory flexibility analysis.’’ proposal indicates that it’s economic This proposed rule clarifies and To identify where we have relocated impact is minimal. Since its costs and revises FAA’s general rulemaking present regulations in the proposed rule, benefits do not make it a ‘‘significant procedures to make them easier for the the following cross-reference table is regulatory action’’ as defined in the public to understand. It’s economic provided:
CROSS REFERENCE TABLE
Current part 11 Proposed part 11 Reason for change
Subpart A ...... Subparts A±E combined ...... Subparts were redundant. § 11.1 Applicability ...... §§ 11.1 and 11.3. § 11.11 Docket ...... §§ 11.31 and 11.45. § 11.13 Delegation of authority ...... None ...... Not needed in rule, to be published sepa- rately. § 11.15 Emergency exemptions ...... None ...... Unnecessary, applied only to ``enemy attack on the United States.'' § 11.17 Direct final rule ...... §§ 11.25 and 11.27. Subpart B: § 11.21 Scope ...... None ...... Substance included principally in proposed §§ 11.1 through 11.11. § 11.23 Initiating rulemaking procedures .... None ...... Unnecessary language. § 11.25 Petitions for rulemaking or exemp- § 11.61 and following. tion. § 11.27 Action on petitions for rulemaking § 11.61 and following. or exemption. § 11.28 Action on special conditions ...... None ...... Not needed. § 11.29 Notice of proposed rulemaking ...... § 11.11 and following. § 11.31 Participation of interested persons §§ 11.41 and 11.43. in rulemaking procedures. § 11.33 Additional rulemaking proceedings § 11.51 and following. § 11.35 Participation by Civil Aeronautics None ...... CAB has been abolished. Board in rulemaking proceedings.
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CROSS REFERENCE TABLEÐContinued
Current part 11 Proposed part 11 Reason for change
§ 11.37 Requests for informal appearances None ...... Procedure no longer available. Subpart C: § 11.41 Scope ...... None ...... Delegations not needed in rule, to be pub- lished separately. § 11.43 Processing of petitions for rule- None ...... Unnecessary, internal procedure. making or exemption from parts of this chapter. § 11.45 Issue of notice of proposed rule- None ...... Delegations not needed in rule, to be pub- making. lished separately. § 11.47 Proceedings after notice of pro- Para. (a) to § 11.45. posed rulemaking. Para. (b)Ðnone ...... Internal procedures. § 11.49 Adoption of final rules ...... None ...... Internal procedures and delegations. § 11.51 Denial of petition for rulemaking .... None ...... Internal procedures. § 11.53 Grant or denial of exemption ...... None ...... Internal procedures. § 11.55 Reconsideration of a denial or § 11.101. grant of exemption. Subpart D: § 11.61 Scope...... None ...... Consolidated; delegations to be published separately. § 11.63 Filing of proposals ...... § 11.63. § 11.65 Issue of notice of proposed rule- None ...... Consolidated; delegations to be published making. separately. § 11.67 Hearings ...... None ...... Replaced with informal meetings. § 11.69 Adoption of rules or orders ...... None ...... Consolidated and simplified in one subpart. § 11.71 Exemptions ...... § 11.61 and following. § 11.73 Petitions for rehearing or reconsid- None ...... Specific procedures unnecessary. eration of rules or orders. Subpart E: § 11.81 Scope ...... None ...... Consolidated. § 11.83 Processing of petitions for rule- § 11.61 and following. making or exemption. § 11.87 Proceedings after notice of pro- None ...... Internal procedures. posed rulemaking. § 11.89 Adoption of final rules ...... None ...... Internal procedures. § 11.91 Grant or denial of exemption ...... None ...... Internal procedures. § 11.93 Petitions for reconsideration of None ...... Specific procedures unnecessary. rules. Subpart F ...... Subpart B ...... Updated and redesignated. § 11.101 OMB control numbers assigned § 11.201. pursuant to the Paperwork Reduction Act.
List of Subjects in 14 CFR Part 11 11.13 What is an advanced notice of Written Comments proposed rulemaking? 11.41 Who may file comments? Administrative practice and 11.15 Are there other ways FAA collects 11.43 What information must I put in my procedure, Reporting and recordkeeping specific rulemaking recommendations written comments? requirements. before we issue an NPRM? 11.45 Where and when do I file my 11.17 What is a notice of proposed comments? The Proposed Amendment rulemaking? In consideration of the foregoing, the 11.19 What is a supplemental notice of 11.47 May I ask for more time to file my comments? Federal Administration Aviation proposed rulemaking? proposes to amend chapter I of title 14, 11.21 May FAA change its regulations Public Meetings and Other Proceedings Code of Federal Regulations as follows: without first issuing an ANPRM or NPRM? 11.51 May I request that FAA hold a public 1. Revise part 11 to read as follows: 11.23 What is a final rule? meeting on a rulemaking action? 11.53 What takes place at a public meeting? PART 11ÐGENERAL RULEMAKING 11.25 What is a direct final rule? 11.27 How does FAA process direct final Petitions for Rulemaking and for Exemption PROCEDURES rules? 11.29 What is a final rule with request for 11.61 May I ask FAA to adopt, amend, or Subpart AÐRulemaking Procedures comments? appeal a regulation, or grant relief from 11.31 How can I track FAA’s rulemaking the requirements of a current regulation? General activities? 11.63 Where and to whom do I submit my Sec. 11.33 Does FAA include sensitive security petition for rulemaking or petition for 11.1 To what does this part apply? information in the DMS? exemption? 11.3 What are the most common kinds of 11.35 Where can I find information about 11.71 What information must I include in rulemaking actions for which FAA an Airworthiness Directive, an airspace my petition for rulemaking? follows APA procedures? designation, or a petition handled in a 11.73 How does FAA process petitions for 11.5 Does FAA follow the same procedures region? rulemaking? in issuing all three types of rules? 11.37 How may I participate in FAA’s 11.75 Does FAA invite public comment on 11.11 How does FAA issue rules? rulemaking process? petitions for rulemaking?
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11.77 Is there any additional information I subpart apply to all three types, except the direction of the FAA. We task ARAC must include in my petition for where we specify otherwise. with providing us with recommended designating airspace? rulemaking actions dealing with specific 11.81 What information must I include in § 11.11 How does FAA issue rules? areas and problems. If we accept an my petition for an exemption? (a) FAA uses APA rulemaking 11.83 Are exemptions FAA grants under ARAC recommendation to change an procedures to adopt, amend, or repeal FAA rule, we ordinarily publish an this part valid outside the United States? regulations. To propose or adopt 11.85 Does FAA invite public comment on NPRM using the procedures in this part. petitions for exemption? changes to a regulation, FAA may issue The FAA may establish other 11.87 Are there circumstances in which one or more of the following documents. rulemaking advisory committees as FAA may decide not to publish a We publish these rulemaking needed to focus on specific issues for a summary of my petition for exemption? documents in the Federal Register limited period of time. 11.89 How much time do I have to submit unless we name and personally serve a comments to FAA on a petition for copy of a rule on every person subject § 11.17 What is a notice of proposed exemption? to it. rulemaking? 11.91 What information does FAA publish (1) An advance notice of proposed A notice of proposed rulemaking when it grants or denies my petition for rulemaking (ANPRM). (NPRM) proposes FAA’s specific exemption? (2) A notice of proposed rulemaking regulatory changes for public comment 11.101 Can I ask FAA to reconsider my petition for rulemaking or petition for (NPRM). and contains supporting information. It exemption if it is denied? (3) A supplemental notice of proposed includes proposed regulatory text. rulemaking. (4) A final rule. § 11.19 What is a supplemental notice of Subpart BÐPaperwork Reduction Act proposed rulemaking? Control Numbers (5) A direct final rule. (6) A final rule with request for On occasion, FAA may decide that it 11.201 OMB control numbers assigned comments. needs more information on an issue, or pursuant to the Paperwork Reduction (b) Each of the rulemaking documents that we should take a different approach Act. in paragraph (a) of this section generally than we proposed. Also, we may want Authority: 49 U.S.C. 106(g), 40101, 40103, contains the following information: to follow a commenter’s suggestion that 40105, 40109, 40113, 44110, 44502, 44701– (1) The topic involved in the goes beyond the scope of the original 44702, 44711, and 46102. rulemaking document. proposed rule. In these cases, FAA may (2) FAA’s legal authority for issuing issue a supplemental notice to give the Subpart AÐRulemaking Procedures the rulemaking document. public an opportunity to comment (3) How interested persons may further or to give us more information. General participate in the rulemaking § 11.21 May FAA change its regulations § 11.1 To what does this part apply? proceeding (for example, by filing written comments or making oral without first issuing an ANPRM or NPRM? This part applies to the issuance, presentations). FAA may adopt, amend, or repeal amendment, and repeal of any (4) Whom to call if you have regulations without first issuing an regulation for which FAA (‘‘we’’) questions about the rulemaking ANPRM or NPRM in the following follows public rulemaking procedures document. situations: under the Administrative Procedure Act (5) The date, time, and place of any (a) We may issue a final rule without (‘‘APA’’) (5 U.S.C. 553). public meetings FAA will hold to first requesting public comment if, for § 11.3 What are the most common kinds of discuss the rulemaking document. good cause, we find that a notice of rulemaking actions for which FAA follows (6) The docket number and regulation proposed rulemaking is impracticable, APA procedures? identifier number (RIN) for the unnecessary, or contrary to the public interest. We place that finding and a (a) FAA follows APA procedures for rulemaking proceeding. brief statement of the reasons for it in three major types of rules: § 11.13 What is an advance notice of the final rule. FAA calls these rules (1) Rules found in the Code of Federal proposed rulemaking? ‘‘immediately adopted’’ rules. For Regulations; An advance notice of proposed example, we may issue such a final rule (2) Airworthiness directives issued rulemaking (ANPRM) tells the public in response to a safety emergency. under part 39 of this chapter; and that FAA is considering an area for (b) If an NPRM would be unnecessary (3) Airspace Designations issued rulemaking and requests written because we do not expect to receive under various parts of this chapter. comments on the appropriate scope of adverse comment, we may issue a direct (b) You will also find procedures in the rulemaking or on specific topics. An final rule. this part to petition FAA for an advance notice of proposed rulemaking exemption from a current regulation. may or may not include the text of § 11.23 What is a final rule? These procedures are modeled on the potential changes to a regulation. A final rule sets out new or revised public rulemaking procedures of the requirements and their effective date. It APA. § 11.15 Are there other ways FAA collects also may remove requirements. When specific rulemaking recommendations preceded by an NPRM, a final rule will § 11.5 Does FAA follow the same before we issue an NPRM? also identify significant substantive procedures in issuing all three types of Yes. The FAA obtains advice and issues raised by commenters in response rules? recommendations from rulemaking to the NPRM and give the agency’s Yes. In general, FAA follows the same advisory committees. The Aviation response. procedures for all three rule types. Rulemaking Advisory Committee There are some differences as to which (ARAC) is a formal standing committee § 11.25 What is a direct final rule? FAA official has authority to issue each comprised of representatives of aviation A direct final rule is a final rule that type, and where you send petitions for associations and industry. In conducting will take effect on a specified date the FAA to adopt, amend, or repeal each its activities, ARAC complies with the unless FAA receives an adverse type. Assume that the procedures in this Federal Advisory Committee Act and comment or notice of intent to file an
VerDate 29-OCT-99 19:08 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\14DEP2.XXX pfrm03 PsN: 14DEP2 69862 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Proposed Rules adverse comment within the comment number. This number allows you to do § 11.37 How may I participate in FAA's period—generally 60 days after the the following: rulemaking process? direct final rule is published in the (1) Associate related documents that You may participate in FAA’s Federal Register. An adverse comment appear in the Federal Register. rulemaking process by doing any of the explains why a rule would be following: inappropriate, or would be ineffective or (2) Search DOT’s Docket Management (a) File written comments on any unacceptable without a change. It may System (DMS) for information on some rulemaking document that asks for challenge the rule’s underlying premise rulemaking proceedings—including comments, including an advance notice or approach. Under the direct final rule notices of proposed rulemaking, public of proposed rulemaking, notice of process, we do not consider the comments, appeals, records of proposed rulemaking, direct final rule, following types of comments to be additional rulemaking proceedings and or a final rule with request for adverse: final rules. The DMS does not contain comments. (a) A comment recommending information on Airworthiness Directives (b) Ask that we hold a public meeting another rule change, in addition to the or Airspace Actions. There are two ways on any rulemaking, and participate in change in the direct final rule at issue. you can search the DMS: any public meeting that we hold. We consider the comment adverse, (i) Visit the public docket room and (c) File a petition for rulemaking that however, if the commenter states why review and copy any docketed materials asks us to adopt, amend, or repeal a the direct final rule would be ineffective during regular business hours. The DOT regulation. without the change. Docket Management System is located (d) File an appeal that asks us to (b) A frivolous or insubstantial at the U.S. Department of reexamine our decision to issue all or comment. Transportation, Plaza Level 401, 400 7th part of a final rule or direct final rule. Street, SW, Washington, DC 20590– Written Comments § 11.27 How does FAA process direct final 0001. rules? (ii) View and download docketed § 11.41 Who may file comments? (a) We will publish a confirmation materials through the Internet at http:/ Anyone may file written comments document in the Federal Register, /dms.dot.gov. about proposals and final rules that generally within 15 days after the request public comments. comment period closes, if we have not (b) Regulation identifier number. DOT received an adverse comment or notice publishes a semiannual agenda of all § 11.43 What information must I put in my of intent to file an adverse comment. current and projected DOT rulemakings, written comments? The confirmation document tells the reviews of existing regulations, and Your comments must be in English public the effective date of the rule. completed actions. This semiannual and must contain the following: (b) If we receive an adverse comment agenda appears in the Unified Agenda (a) The docket number of the or notice of intent to file an adverse of Federal Regulations which is rulemaking document you are comment, we will advise the public by published in the Federal Register in commenting on, clearly set out at the publishing a document in the Federal April and October of each year. The beginning of your comments. Register before the effective date of the semiannual agenda tells the public (b) Your name, mailing address, and, direct final rule. This document will about DOT’s—including FAA’s— if you wish, other contact information, withdraw the direct final rule in whole regulatory activities. DOT assigns a such as a fax number, telephone or in part. If we withdraw a direct final regulation identifier number (RIN) to number, or e-mail address. rule because of an adverse comment, we each individual rulemaking proceeding (c) Information, views, or arguments may incorporate the commenter’s in the semiannual agenda. This number that follow the instructions for recommendation into another direct appears on all rulemaking documents participation that appear in the final rule or may publish a notice of published in the Federal Register and rulemaking document on which you are proposed rulemaking. makes it easy for you to track those commenting. rulemaking proceedings in both the (d) All available material that is § 11.29 What is a final rule with request for Federal Register and the semiannual relevant to any statement of fact in your comments? regulatory agenda itself. comments. The FAA usually issues a final rule (e) The document title and page § 11.33 Does FAA include sensitive number of any material that you with request for comments when we security information in the DMS? issue an immediately adopted final rule. reference in your comments. We invite comments on an immediately No. For proposed rule changes adopted final rule only if we think that involving civil aviation security, FAA § 11.45 Where and when do I file my comments? we will receive useful information. We reviews comments as we receive them. would not invite comments, for If we find that a comment contains (a) Send your comments to the example, when we are just making an sensitive security information, we location specified in the rulemaking editorial clarification or correction. remove that information before placing document on which you are the comment in the docket. commenting. If you are asked to send § 11.31 How can I track FAA's rulemaking your comments to the Docket activities? § 11.35 Where can I find information about Management System, you may send The following identifying numbers an Airworthiness Directive, an airspace them in either of the following ways: allow you to track FAA’s rulemaking designation, or a petition handled in a (1) By mail to: U.S. Department of region? activities: Transportation, Docket Management (a) Docket number. We assign an To get information about rulemaking System 400 7th Street, SW., Plaza identifying number, called a docket actions undertaken in FAA’s regions, Level 401, Washington, DC 20591. number, to each rulemaking proceeding. contact the person listed under FOR (2) Through the Internet to http:// Each rulemaking document that FAA FURTHER INFORMATION CONTACT in the dms.dot.gov. issues in a particular rulemaking Federal Register document about the (b) Make sure that your comments proceeding will display the same docket action. reach us by the deadline set out in the
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If you want . . . Then you must submit . . .
(a) To adopt, amend, or repeal a regulation ...... A petition for rulemaking.
(b) Relief from the requirements of a current regulation ...... A petition for exemption.
§ 11.63 Where and to whom do I submit provided in paragraph (c) of this section (b) For electronic submissions, send my petition for rulemaking or petition for for petitions pertaining to parts 39 and one original to the following electronic exemption? 139 of this chapter, or airspace address, except as provided in (a) For paper submissions, send one designations: Federal Aviation paragraph (c) of this section for petitions original signed and two copies of your Administration, Office of Rulemaking pertaining to parts 39 and 139 of this petition for rulemaking or exemption to (ARM–1), 800 Independence Avenue, chapter, or airspace designations: the following postal address, except as SW. Washington, DC 20591.
Send your . . . To . . .
(1) Petition for rulemaking ...... To Be Announced.
(2) Petition for exemption ...... To Be Announced.
(c) For petitions pertaining to parts 39 and 139 of this chapter, or airspace designations submit one original signed and two copies of your petition for rulemaking or petition for exemption to the following offices:
Send your petitions concerning . . . To the . . .
(1) Part 39: Airworthiness Directives ...... Certification Directorate having airworthiness responsibility for the prod- uct involved.
(2) Part 139: Certification of Airports ...... Appropriate FAA airport field office in whose area the petitioner pro- poses to establish or has established its airport.
(3) Class D or E airspace designation ...... Manager of the Air Traffic Division in the FAA region involved.
(4) Any other airspace designation ...... Associate Administrator for Air Traffic (ATS±1), Federal Aviation Admin- istration, 800 Independence Avenue, SW, Washington, DC 20591.
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§ 11.71 What information must I include in comment in connection with the (b) The specific section or sections of my petition for rulemaking? rulemaking proceeding. We will not 14 CFR from which you seek an (a) You must include the following treat your petition as a separate action. exemption. information in your petition for (2) If we already have begun a (c) The extent of relief you seek, and rulemaking: rulemaking project in the subject area of the reason you seek the relief. (1) Your name and mailing address your petition, we will consider your (d) The reasons why granting your and, if you wish, other contact comments and arguments for a rule request would be in the public interest; information such as a fax number, change as part of that project. We will that is, how it would benefit the public telephone number, or e-mail address. not treat your petition as a separate as a whole. (2) An explanation of your proposed action. (e) The reasons why granting the exemption would not adversely affect action and its purpose. (3) If we have tasked the Aviation safety, or how the exemption would (3) The language you propose for a Rulemaking Advisory Committee provide a level of safety at least equal new or amended rule, or the language (ARAC) to study the general subject area you would remove from a current rule. to that provided by the rule from which of your petition, we may ask the ARAC you seek the exemption. (4) An explanation of why your to review and evaluate your proposed proposed action would be in the public (f) Any additional information, views action. We will not treat your petition or arguments available to support your interest. as a separate action. (5) Information and arguments that request, and (4) If we determine that the issues you support your proposed action, including (g) A summary we can publish in the identify in your petition may have merit relevant technical and scientific data Federal Register, stating: but do not address an immediate safety available to you. (1) The rule from which you seek the concern or cannot be addressed because (6) Any specific facts or exemption; and of other priorities and resource (2) A brief description of the nature of circumstances that support or constraints, we may dismiss your the exemption you seek. demonstrate the need for the action you petition. (h) Whether you want to exercise the propose. privileges of your exemption outside the (b) In the process of considering your § 11.75 Does FAA invite public comment United States. petition, we may ask that you provide on petitions for rulemaking? information or data available to you Generally, FAA does not invite public § 11.83 Are exemptions FAA grants under this part valid outside the United States? about the following: comment on petitions for rulemaking. (1) The costs and benefits of your No. Exemptions FAA issues under proposed action to society in general, § 11.77 Is there any additional information this part normally do not apply outside and identifiable groups within society I must include in my petition for designating the United States. If you want to be able in particular. airspace? to use your exemption outside the (2) The regulatory burden of your In petitions asking FAA to establish, United States, you must request this proposed action on small businesses, amend, or repeal a designation of when you petition for relief. We will small organizations, small governmental airspace, including special use airspace, verify whether operating under the jurisdictions, and Indian tribes. you must include all the information exemption would be in compliance with (3) The recordkeeping and reporting specified by § 11.71 and also: the standards of the International Civil burdens of your proposed action and (a) The location and a description of Aviation Organization (ICAO). If it whom they would affect. the airspace you want assigned or would not, but we still believe it would (4) The effect of your proposed action designated; be in the public interest to allow you to on the quality of the natural and social (b) A complete description of the do so, we will file a difference with environments. activity or use to be made of that ICAO. § 11.73 How does FAA process petitions airspace, including a detailed § 11.85 Does FAA invite public comment for rulemaking? description of the type, volume, on petitions for exemption? The FAA may respond to your duration, time, and place of the Yes. FAA publishes information about petition for rulemaking in one of the operations to be conducted in the area; petitions for exemption in the Federal following ways: (c) A description of the air navigation, Register. The information includes: (a) If we determine that your petition air traffic control, surveillance, and (a) The docket number of the petition; justifies our taking the action you communication facilities available and (b) The citation to the rule or rules suggest, we may issue an NPRM or to be provided if we grant the from which the petitioner requested ANPRM. We will do so no later than 6 designation; and relief; months after the date we receive your (d) The name and location of the (c) The name of the petitioner; petition. In making our decision, we agency, office, facility, or person who (d) The petitioner’s summary of the consider: would have authority to permit the use action requested and the reasons for (1) The immediacy of the safety or of the airspace when it was not in use requesting it; and (e) A request for comments to assist security concerns you raise; for the purpose to which you want it FAA in evaluating the petition. (2) The priority of other issues the assigned. FAA must deal with; and § 11.87 Are there circumstances in which (3) The resources we have available to § 11.81 What information must I include in FAA may decide not to publish a summary my petition for an exemption? address these issues. of my petition for exemption? (b) We may dismiss your petition for You must include the following The FAA may not publish a summary rulemaking in the following information in your petition for an of your petition for exemption and circumstances: exemption. request comments if you present or we (1) If we already have issued an (a) Your name and mailing address find good cause why we should not ANPRM or NPRM on the subject matter and, if you wish, other contact delay action on your petition. The of your petition, we will consider your information such as a fax number, factors we consider in deciding not to arguments for a rule change as a telephone number, or e-mail address. request comment include:
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(a) Whether granting your petition summary in the Federal Register that (a) That you have a significant would set a precedent. includes: additional fact and why you did not (b) Whether the relief requested is (a) The docket number of your present it in your original petition; petition; identical to exemptions granted (b) That we made an important factual previously. (b) Your name; (c) The citation to the rules you error in our denial of your original (c) Whether our delaying action on wanted to change, or from which you petition; or your petition would affect you requested relief; (c) That we did not correctly interpret adversely. (d) A brief description of the general a law, regulation, or precedent. (d) Whether you filed your petition in nature of the change or relief requested; a timely manner. (e) Whether FAA granted or denied Subpart BÐPaperwork Reduction Act § 11.89 How much time do I have to submit the request; Control Numbers comments to FAA on a petition for (f) The date of FAA’s decision; and exemption? (g) An exemption number. § 11.201 OMB control numbers assigned pursuant to the Paperwork Reduction Act. The FAA states the specific time § 11.101 Can I ask FAA to reconsider my allowed for comments in the Federal petition for rulemaking or petition for [Note: The text of this section will be Register notice about the petition. We exemption if it is denied? updated and will appear in full in the final rule.] usually allow 20 days to comment on a Yes. You may petition FAA to petition for exemption. reconsider your petition denial. You Issued in Washington, DC on December 8, must submit your request to the address 1999. § 11.91 What information does FAA to which you sent your original petition, Jane F. Garvey, publish when it grants or denies my petition and FAA must receive it within 60 days Administrator. for exemption? after we issued the denial. For us to When FAA grants or denies your accept your petition, show the [FR Doc. 99–32273 Filed 12–13–99; 8:45 am] petition for exemption, we publish a following: BILLING CODE 4910±13±P
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DEPARTMENT OF COMMERCE The public was invited to submit terminology will be readily understood comments on the interim-final rule for and accepted. Economic Development a period of sixty (60) days ending April A commenter suggested that the Administration 5, 1999. definition of ‘‘Eligible applicant’’ in 13 CFR 300.2 be revised to include special Comments on the Interim-Final Rule 13 CFR Parts 300, 301, 302, 303, 304, purpose units of local governments. 305, 306, 307, 308, 314, 316, 317, and • Comments on the RLF Task Force: We have not changed 13 CFR 302.2, 318 As noted in the preamble to the because special purpose units of local [Docket Nos. 990106003±9169±03 and interim-final rule, EDA established a governments are already included in the 980813217±9141] Task Force to examine its Revolving definition of eligible applicants as Loan Fund (RLF) program. Though EDA RIN 0610±AA56 and 0610±AA59 political subdivisions of States. received several comments on EDA’s However, to distinguish between Revision To Implement Economic RLF program, we will not be addressing general purpose and special purpose Development Administration Reform such comments now, but will do so in units of local governments, and Act of 1998 an interim final rule to be published by incidently confirm that special purpose the end of December, 1999, consistent units of local government are included AGENCY: Economic Development with the report and recommendations of as political subdivisions of States, we Administration (EDA), Commerce. the EDA FLF Task Force. have changed 13 CFR 301.1(b) to ACTION: Final rule. • Comments on the Plain English provide that cooperation resolutions or Initiative: letters for non-profit or for-profit SUMMARY: The Economic Development A commenter suggested that we use applicants must be from authorized Administration (EDA) has amended its the question and answer format in 13 representatives of general purpose units regulations to implement the CFR 304.1 and 2, project selection of local governments. comprehensive amendment to the process and evaluation criteria. A commenter suggested that the Public Works and Economic We concur and have changed the rule definition of ‘‘Eligible applicant’’ in 13 Development Act of 1965, as amended, on selection and evaluation accordingly. CFR 300.2 be revised to include by the Economic Development EDA continues its efforts to use plain Community Development Corporations Administration Reform Act of 1998. language throughout the final rule, with (CDCs) and to exempt CDCs from the EDA has clarified and simplified particular attention to areas where requirement for a resolution or letter of requirements and incorporated into the commenters have requested clarification cooperation under 13 CFR 301.1(b). body of the rules, requirements unique or interpretation. We do not concur with the first part to EDA for construction projects • Paperwork Reduction Act: of this suggestion because it is apparent previously appearing in the EDA No individual or entity commented that CDCs are nonprofit organizations regulations and EDA’s Civil Rights on the Paperwork Reduction Act burden and as such they are eligible for EDA Guidelines. hour statement in the interim-final rule. assistance. As to the second part, after EFFECTIVE DATE: This rule is effective on • Comments on Regulatory Text: careful legal analysis we have December 14, 1999. EDA received comments from more concluded that the cooperation FOR FURTHER INFORMATION CONTACT: than forty (40) persons and entities. requirement for non-profits applies to Edward M. Levin, Chief Counsel, Responses include additional CDCs and that the rule as now written Telephone Number 202–482–4687, fax modifications resulting from matters is in accordance with requirements 202–482–5671, e-mail [email protected] inadvertently overlooked by EDA in the under PWEDA. SUPPLEMENTARY INFORMATION: promulgation of its interim-final rule. A commenter suggested a definition All comments and responses refer to be added for ‘‘Federally-declared Background subparts, sections and paragraphs as disaster.’’ The Economic Development numbered in this final rule. We concur and have changed 13 CFR Administration (EDA) was reauthorized • Definitions. 300.2 to add such a definition. for a five-year period by legislation Commenters suggested that for A commenter suggested that the enacted on November 13, 1998, creating simplicity ‘‘CED Strategy’’ be deleted to definition of ‘‘Overall Economic stability and opportunities for EDA to be replaced by the acronym ‘‘CEDS.’’ Development Program’’ or ‘‘OEDP’’ be better serve economically distressed We concur and have modified 13 CFR removed as unnecessary. communities across the country. On 300.2 and references throughout the rule EDA concurs, since the Civil Rights February 3, 1999, EDA published an to replace ‘‘CED Strategy’’ with ‘‘CEDS’’. provisions in 13 CFR part 317 (the only interim-final rule, Economic Commenters recommended that 13 place in the interim-final rule where the Development Administration CFR 300.2 be amended to reinstate the term OEDP appeared) have been Regulation: Revision to Implement the term ‘‘Overall Economic Development changed to refer to CEDS, instead of to Economic Development Reform Act of Program’’ or ‘‘OEDP’’ since these terms OEDP. We have revised 13 CFR 300.2 to 1998 (64 FR 5347–5486). are easily understood and accepted, remove such definition. EDA continues to take steps toward whereas the term ‘‘Comprehensive Commenters suggested that a improving its program delivery, policies Economic Development Strategy’’ (or definition be added for ‘‘Presidentially- and procedures, and to be more ‘‘CEDS’’) may be confusing. declared disaster.’’ responsive to those whom it serves. In EDA does not concur because the rule We concur and have changed 13 CFR step with the National Performance as written reflects the language used in 300.2 to add such definition. Review and Paperwork Reduction Act, PWEDA. The Economic Development • Area eligibility. EDA had completely revised its Administration Reform Act of 1998 A commenter recommended that 13 regulations, thereby creating fewer replaced the Overall Economic CFR 301.2 and 301.4(b) be modified so burdens on and making them more Development Program with the that ‘‘projected’’ unemployment or low accessible to the public. This final rule Comprehensive Economic Development income could be used to determine continues EDA’s efforts in this regard. Strategy. We believe the new eligibility and/or grant rates.
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We determined that this was Commenters suggested that we We believe this suggestion is in unnecessary as to eligibility, because the reconcile inconsistencies in CEDS conflict with the provisions of PWEDA special needs criteria in EDA’s NOFA is requirements by using the same (sections 301(b) and 302(a)) that adequate to qualify areas of significant requirements throughout the rule. authorize sub-county areas to be anticipated unemployment or low We concur and have changed the rule applicants for EDA assistance, and income. As to grant rates, we examined accordingly so that 13 CFR 303.3 authorize applicants to submit CEDS, the practicality and policy implications contains the CEDS requirements, which without restrictions as to the area of the suggestion and determined that it apply to CEDS for Public Works and covered by the CEDS. Consequently, we would be difficult if not impossible to Economic Adjustment Projects, for have not modified 13 CFR 301.3. make reliable distress projections. district designation, and for • Grant Rates. Consequently, we have not modified the continuation planning funding for On June 18, 1999, EDA published an regulation. districts and other EDA supported interim-final rule with changes in the A commenter recommended that 13 planning organizations. 13 CFR 303.2 grant rate table in 13 CFR 301.4(b) CFR 301.2(e) be amended to define what contains additional reporting and covering criteria for maximum grant rate is meant by ‘‘significant’’ employment updating requirements for districts and eligibility based on disasters and opportunities and what the impact must other EDA supported planning entities. unemployment rates. For an explanation be to qualify as an eligible non- 13 CFR 301.3(b) and 308.4(b) have been of such changes and the text of the grant distressed area. changed to refer to requirements under rate table, please see 64 FR 32973. No Determining significant employment 13 CFR 303.3. other changes are being made to the opportunities and the level of impact to Commenters suggested that the grant rate table in 13 CFR 301.4(b). qualify as an eligible non-distressed area requirement that a strategy be approved Commenters suggested clarifying the are decisions that EDA officials will by an applicant for a public works or rule to add language stating that have to make on a case-by-case basis in economic adjustment project be maximum grant rates for projects light of the narrative and supporting changed so that the strategy may be supporting ongoing operations of material provided by the applicant. approved by the entity developing the districts or university centers could be While we appreciate that the term is not strategy or by the applicant. In the case found in 13 CFR parts 306 and 307. precise, in the real world application of of a CEDS approved by a State official, We concur and have changed 13 CFR eligibility criteria it is evident that it was suggested approval should be by 301.4(c) accordingly. applying a numerical or other specific the governor or his/her designee, Commenters suggested that language quantifiable standard would not add to instead of by the applicant’s governing be clarified stating that University the utility or clarity of the criteria, given body (i.e., the legislature). Center projects under part 307 subpart B and district organizations are not the variety of situations and the We concur and have revised 13 CFR eligible for the 10% incentive. differing contexts of the data. 301.3(d) accordingly. Consequently, we have not modified the We concur and have modified 13 CFR Commenters suggested that 13 CFR 301.4(d) accordingly. regulation. 301.3 be revised to state that a strategy Commenters suggested that Commenters suggested that the developed by an entity within the unemployment and per capita income district incentive in 13 CFR 301.4(d) boundaries of the district but not by the data below the county level should be should only be awarded for projects district organization itself, be subject to available via special community surveys included in a list in the district’s CEDS approval by the district organization. to establish eligibility of sub-county in order to encourage consistency with Other commenters suggested that the areas and pockets of distress. A district CEDS and deference to the rule be revised to provide that district commenter suggested that for ‘‘special districts. organizations be given an opportunity to needs’’, EDA allow applicants to submit We do not concur since language in review and comment on strategies other data, as appropriate. the rule, as modified, accurately reflects within their districts. After discussion and consideration of PWEDA’s intent to encourage active this suggestion, we have clarified 13 District organizations are major participation with the district. CFR 301.2(e) by adding that State data partners with EDA in providing A commenter recommended that 13 is that which is conducted by or at the economic development assistance, with CFR 301.4(e)(2) (maximum grant rates direction of the State government. We expertise in the economic development when EDA and another Federal agency concur with the suggestion on ‘‘special needs and planning process for the are funding a project), be either clarified needs’’ and consequently have modified district area. Therefore, we concur with or deleted. 13 CFR 301.2(h). the suggestion that districts have an This rule on supplementary grant A commenter suggested that the opportunity to review and comment on assistance for construction is consistent reference to future publication in a such non-district strategies. with language in PWEDA, and therefore NOFA of special needs criteria be Consequently, we have amended 13 should not be deleted. Moreover, we changed to the present tense. CFR 301.3 to provide that districts will were unable to find a clearer way of We concur and have modified the rule have a 30-day period within which to explaining the grant rates and believe accordingly. review and comment upon such they are clear as presented. We A commenter suggested correction of strategies. We do not however, concur considered including an example, but a typographical error appearing in a with the recommendation for approval did not believe it was necessary. If we parenthetical phrase under Economic of such strategies by the districts, since can clarify this provision in the future, Adjustment planning requirements by the approval of strategies is the we will do so by amending the rule as changing ‘‘i.e.’’ before the word responsibility of EDA under PWEDA. appropriate. ‘‘strategy’’ to ‘‘e.g.’’ since the intent was A commenter suggested that sub- Commenters suggested that 13 CFR to provide an example of planning county areas be required to utilize a 301.4(e) on supplemental grants be activities. county level CEDS and that a single broadened to include non-construction We concur and have changed 13 CFR representative entity within the county as well as construction projects. 301.3(a) accordingly. act as applicant for assistance to the We do not concur because EDA’s • Strategy required. sub-county area. authorizing legislation is different from
VerDate 29-OCT-99 19:10 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\14DER2.XXX pfrm03 PsN: 14DER2 69870 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations that of other agencies. The rule as now approval of district strategies, organized to accurately reflect the grant written accurately reflects PWEDA particularly as States had to have process for public works projects. which limits the supplementary grant requested designation of districts in the We concur and have removed provisions to projects for construction first instance. Consequently, we have Appendix A, Requirements for or equipping of public works, public deleted the provision in 13 CFR 303.2(e) Construction Grants; we have revised, service, or development facilities. Note calling for concurrence by the States added to, reordered, and renamed 13 however, that PWEDA has cooperation and added instead, that States have 30 CFR 305.5–26 accordingly, without and fund transfer authorities which days within which to comment on providing any additional requirements. apply to all programs under the Act. strategies developed by districts within A commenter recommended A commenter suggested a reduction in their boundaries. including a provision offering a ‘‘bonus’’ the non-Federal share for infrastructure Commenters suggested that CEDS for minority firms for construction and planning awards comparable to requirements be modified to include a projects. those under HUD and USDA Rural statement about the continuing nature of PWEDA provides no statutory Development initiatives. such process, that the strategy be authority for such a bonus. We do not concur because the rule as developed with broad-based and diverse Consequently, we have not modified the now written provides for reductions in community participation, that the rule. • Planning Assistance. the non-Federal share match if certain strategy background section be changed criteria are met in accordance with Commenters suggested that 13 CFR to require the inclusion of the listed 306 be revised to state that districts are PWEDA. factors only ‘‘as appropriate’’, and • Economic Development Districts. EDA’s primary planning grant require the inclusion, as appropriate, of recipients. Commenters suggested that 13 CFR a discussion of infrastructure and 302.3(c)(3) be modified to provide for Though districts have been and are transportation systems. likely to remain EDA’s primary greater flexibility in district We concur and have changed 13 CFR organization, e.g., eliminate the planning grant recipients, PWEDA does 303.3 accordingly. not limit eligible planning grant requirement that 20 percent of the • General Selection Process and district organization be composed of recipients to districts. Consequently, we Evaluation Criteria. have not made the suggested private citizens. A commenter suggested that personal EDA considered removing the 20 modification. Nevertheless, as noted pronouns be used to explain to below, we have distinguished between percent private citizen requirement and interested parties how to make contact determined that EDA’s long standing district organizations and other with the agency for information on planning grantees in the determination requirements for grass roots broad-based proposals and applications. community planning has been of maximum grant rates. We concur and have changed 13 CFR Some commenters suggested that successful historically and should be 304.1 accordingly. continued to carry out the agency’s districts be eligible for the 75 percent Commenters suggested that provisions mission. Federal grant rate if they meet any one referring to additional criteria or priority A commenter suggested that we of the four listed criteria, instead of consideration factors as being included substitute 60 days for 30 days as the having to meet all four criteria; other in a NOFA be moved from other parts time period for prior written notice of commenters suggested that the of the rule to the part on selection and termination or suspension of district maximum grant rate eligibility provision evaluation because of the general status, and to clarify that such notice be revised to delete the four criteria and applicability of these criteria. A will be provided to the district to provide instead that the maximum commenter made a similar suggestion organization, member counties or other Federal grant rate is a flat 75 percent. about provisions requiring ‘‘a reasonable areas and each affected State. We do not concur with the We concur and have changed 13 CFR budget’’. suggestions as presented, because they 302.6 accordingly. We concur with both suggestions and exceed the authority in PWEDA for A commenter suggested that the rule have changed 13 CFR 304.1 (c) and increasing the maximum grant rate (to be modified to remove language 304.2 accordingly. more than 50 percent). We have requiring the approval of the State or A commenter suggested that 13 CFR clarified the provisions in 13 CFR 306.3 States affected when the district has part 304 be modified to contain more to state that districts may supplement asked for termination. flexible organizational requirements and the 50 percent grant rate if (and only if) We concur and have changed 13 CFR performance based criteria. they meet the criteria in 13 CFR 302.6(c) accordingly. EDA considers district organization 306.3(b). We have modified the rule so • Planning Process for District and criteria to be an integral part of the that districts are not eligible to Other Planning Organizations district program’s effectiveness in grass- supplement a 50 percent grant using the Supported by EDA. roots planning and implementation to table in 13 CFR 301.4(b), because Commenters suggested that language meet the needs of the entire area served districts are unique as multi- in 13 CFR 303.2(e) be revised to provide by each district. Consequently, we have jurisdictional organizations made up that strategies prepared by districts not modified district organizational primarily of governmental entities. Also, should not be required to have the requirements. Performance based for additional clarity, we have changed concurrence of States, some suggesting criteria are addressed in 13 CFR 316.18 language in 13 CFR 306.3(b)(3)(i) and that States be given the opportunity to and 318.2. (ii) to substitute ‘‘high unemployment’’ review, but not approve such strategies, • Grants for Public Works and for ‘‘substantial unemployment’’, to (others suggested that the rule be Development Facilities. delete ‘‘significantly’’ to describe low clarified to explain the role of States in Commenters suggested that the per capita income and to substitute the review/approval process, or that appendix containing construction ‘‘significant’’ for ‘‘substantial’’ when strategies be submitted to the States for requirements be removed from the rule describing activities addressing the information purposes only). and that the rule itself contain those needs of the most economically We agree that it is inappropriate for requirements that are specific to EDA. A distressed parts of the applicant’s area States to be given veto power over EDA commenter suggested that the rules be to be served. We have also modified 13
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CFR 306.3(b)(1) to provide that non- We concur and have changed 13 CFR real property, in the same manner as for district planning applicants are eligible 307.7 and added 13 CFR 301.4(d)(4) replacement of personal property. for supplemental grant awards if (and accordingly. We believe there are major differences only if) they meet the criteria in the Commenters suggested that EDA’s between replacement of personal table in 13 CFR 301.4(b). Non-district rules provide for a 20 percent ‘‘cap’’ on property, which is often occasioned by applicants cannot use the four criteria of indirect costs for University Center the need to upgrade outmoded as well 13 CFR 306.3(b)(2) to supplement the 50 projects. These commenters argued that as partially worn-out equipment, and percent grant rate. in the absence of such a cap, there replacement of real property, which is A commenter suggested that the rule would often be insufficient grant funds unique and specific to the project. We on district incentives be clarified to to accomplish direct program activities. believe replacement of real property is explain that districts should not be The nature of the University Center generally not consistent with a project’s rewarded with a 10 percent incentive program, they asserted, did not warrant purposes. Nevertheless, there can be for acting in cooperation with a higher indirect cost rate because the occasional exceptions, and we have themselves, and should not therefore be program did not utilize extensive modified 13 CFR 314.3(d) to allow for eligible for the incentive. university-wide services. the replacement of real property upon We concur and have changed 13 CFR We concur that the cap in EDA’s the approval of the Assistant Secretary, 301.4(d) and 306.3(b)(4) accordingly. previous regulations helped to focus thereby, giving EDA the flexibility to We have provided that projects may be EDA funds on direct program make a determination on a case-by-case eligible for the incentive, so long as the expenditures. Accordingly, we have basis. non-district co-applicant is qualified to added to 13 CFR 307.7 a new paragraph A commenter suggested that the rule obtain the incentive, even if a district is (d) which states that at least 80 percent on unauthorized use be modified to be a co-applicant. of EDA funding must be allocated to more specific about how EDA may Commenters suggested that the direct costs of program delivery. assert its interest in grant property to sections in the rule titled ‘‘Award • National Technical Assistance, recover the Federal share of its value for conditions’’ be renamed more Training, Research and Evaluation. the Federal Government, i.e., that such appropriately as ‘‘Post-approval Commenters suggested that language actions be the same as are provided for requirements’. on grant rates be clarified to indicate loan and loan guarantee property We concur and have changed 13 CFR that maximum grant rates can be interests, in 13 CFR 316.5(c). 305.6, 306.4, 307.4, and 307.8 supplemented for ‘‘up to and including’’ We concur and have changed 13 CFR 314.4(b) accordingly. accordingly. 100 percent. • • Local Technical Assistance. We concur and have changed 13 CFR Excess Capacity. A commenter suggested that clarifying Commenters suggested that reporting 307.11(c) accordingly. modifications be made to the definitions requirements be moved to the section on • Requirements for Economic of ‘‘beneficiary’’, and ‘‘commercial post-award requirements. Adjustment Grants. product or service’. We concur and have moved reporting Commenters suggested that We concur and have changed 13 CFR requirements to 13 CFR 307.4. appendices A–D to part 308–Economic 316.2(a) accordingly. Commenters suggested that award and Adjustment, be eliminated from the rule A commenter suggested that we make grant rate requirements be clarified to because they are too detailed and clarifying modifications concerning provide how the maximum Federal cumbersome. studies or reports for known grant rate can be supplemented ‘‘up to While we agree that the inclusion of beneficiaries, and that we clarify and including 100 percent’. these appendices in the rule is language explaining exemptions for We concur and have added 13 CFR cumbersome, we do not concur with projects that benefit the community as 307.3(c)(4) to provide for a grant rate up this suggestion at this time, because this a whole, are primarily for production/ to and including 100 percent with the suggestion will be addressed in an distribution, retention, replacement, concurrence of the Assistant Secretary. interim final fule to be published by the rebuilding or modernizing, and projects A commenter suggested clarification end of December, 1999, consistent with primarily for planning, technical on the 10 percent incentive rule to state the report and recommendations of the assistance, research, evaluation, other more directly that Local Technical EDA RLF Task Force. studies or training of workers. Assistance applicants receiving a Commenters suggested that We concur and have changed 13 CFR supplemental grant under 13 CFR requirements for strategy grants under 316.2(e) accordingly. These changes do 307.3(c)(2) are not eligible to receive a this program be the same as for other not modify the intent or substantive 10 percent incentive. programs, as noted above. effect of the provisions, but provide We concur and have changed 13 CFR We concur and have changed 13 CFR clearer guidance to the reader. 13 CFR 307.3(c)(3) accordingly. 308.4(b) accordingly. • Intergovernmental Review of • University Center Program. A commentator suggested correction projects. As noted above, the evaluation of a typographical error appearing in a A commenter suggested changes in criteria for a reasonable budget has been parenthetical phrase under Economic the title and paragraph (a) of 13 CFR deleted from 13 CFR 307 Subpart B and Adjustment planning requirements by 316.11 so that the 15 day review added to 13 CFR part 304. changing ‘‘i.e.’’ before the word requirement for special purpose units of Commenters suggested that ‘‘strategy’’ to ‘‘e.g.’’ since the intent was local governments is only applicable to requirements for supplementary grant to provide an example of planning public works and economic adjustment rates be clarified, including an activities. projects where the applicant is a special explanation that the distress factors We concur and have changed 13 CFR purpose unit of local government. Some table in 13 CFR 301.3(b) cannot be used 308.5(b) accordingly. commenters suggested that project by applicants under the University • Property. applications submitted by entities that Center program, and that such Commenters suggested that the are not participating in the district applicants are not eligible for the 10 requirements for uses of property be should be reviewed by the district percent incentive. modified to allow for the replacement of organization for consistency with the
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(5 U.S.C. 601–612) no initial or final be of particular concern to appropriate Consequently, we have changed the rule Regulatory Flexibility Analysis is general purpose local governments for at 13 CFR 318.1 accordingly. Since the required, and none has been prepared. review purposes under this section. evaluation process is currently under Consequently, we have modified 13 CFR study by the agency, we have not Paperwork Reduction Act 316.11 accordingly. As to the second modified the rule on the evaluation This rule imposes new information suggestion, there are already process at this time. collection or recordkeeping intergovernmental review procedures in Commenters suggested that EDA place under 13 CFR 316.11 and districts requirements under the Paperwork provide in the rule that it will reimburse Reduction Act of 1980 (44 U.S.C. 3501 will have the opportunity to review and those participating in the peer review comment on CEDS of project applicants et seq.), as amended, and has been process. cleared under OMB’s clearance process under 13 CFR 301.3. Consequently, we We concur. It was an oversight to have not made this suggested change to under OMB approval numbers 0610– have been silent on this matter and we 0093, 0610-0094, and 0610–0096, valid the rule. have changed 13 CFR 318.1 accordingly. • until November 30, 2002 and 0610– Project Administration by District • Evaluation of Districts. Organization. 0095, valid until August 31, 2002. Commenters suggested that 13 CFR Commenters suggested that 13 CFR Administrative Procedure Act and 318.2 be modified to provide that the 316.19(2) be amended to eliminate the Regulatory Flexibility Act reviewing peer district be outside the requirement that as a prerequisite for state or even the EDA region of the project administration districts show Executive Order 12612 (Federalism district being evaluated. that they have the ability to manage Assessment) We have not made the suggested projects more efficiently and effectively This action has been reviewed in change at this time because the than any other entity. accordance with the principles and evaluation process is currently under This provision on project criteria contained in E.O. 12612. It has study by the agency. administration by district organizations been determined that this final rule does incorporates into a regulation EDA’s Commenters suggested that the not have significant Federalism policy and practice developed in provision that districts be assessed ‘‘in implications to warrant a full response to situations calling for sole accordance with the current instructions Federalism Assessment under the sourcing a project to a district. This for performance appraisals’’ be removed principles and criteria contained in E.O. practice has worked well under the as ambiguous and outside of the 12612. criteria set forth in the rule and is requirements of PWEDA. consistent with sole source justifications We concur and have changed 13 CFR List of Subjects in accordance with 15 CFR parts 14 and 318.2 accordingly. 13 CFR Part 300 24. Consequently, we have not modified Commenters suggested that EDA this rule. provide in the rule that it will reimburse Reporting and recordkeeping A commenter suggested that districts those participating in the peer review. requirements; Non-profit organizations; be allowed to use their own Some of these commenters suggested American Indians. procurement procedures. supplemental grants to cover such costs. 13 CFR Part 301 There is no authority for this under We concur in the general suggestion government-wide requirements for and have changed 13 CFR 318.2 Grant programs; Community grants administration (OMB Circulars accordingly. development; American Indians. A–102 and A–110; 15 CFR parts 14 and 13 CFR Part 302 24, for the Department of Commerce). Savings Clause Therefore, we have not included such a The rights, duties, and obligations of Community development; Grant provision. all parties pursuant to parts, sections programs-community development; • Civil Rights. and portions thereof of the Code of Technical assistance. Commenters suggested that the final Federal Regulations removed by this 13 CFR Part 303 rule include all civil rights requirements rule shall continue in effect, except that specific to EDA. EDA may waive administrative or Community Development; Grant We concur and have added provisions procedural requirements of provisions programs-community development. to 13 CFR part 317 on discrimination on removed by this rule. 13 CFR Part 304 the basis of age and handicap, as well Executive Order 12866 and 12875 as reporting, recordkeeping and other Selection and Evaluation. EDA civil rights requirements. This rule has been determined to be 13 CFR Part 305 • Evaluation of University Centers. not significant for purposes of E.O. Commenters recommended that EDA 12866, Regulatory Planning and Review. Community development; continue its previous peer review In addition, it has been determined that, Community facilities; Grant programs- evaluation process, or some variation of consistent with the requirements of E.O. community development. such earlier review process. 12875, Enhancing Intergovernmental 13 CFR Part 306 Commenters also suggested that Partnership, this final rule will not language explaining the purpose of such impose any unfunded mandates upon Community development; Grant evaluations be softened to more closely State, local, and tribal governments. programs-community development.
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13 CFR Part 307 104–297), or a Federal declaration by adding a new paragraph (e) to read Business and industry; Community pursuant to the Consolidated Farm and as follows: Rural Development Act, as amended development; Community facilities; § 301.3 Strategy required. Grant program-business; Grant (Public Laws 92–419, 96–438, 97–35, 98–258, 99–198, 100–233, 100–387, and (a) To be eligible for a project grant programs-community development; under part 305 or 308 of this chapter, Research; Technical assistance. 101–624), or a Federally-declared disaster pursuant to the Small Business the application for assistance must 13 CFR Part 308 Act, as amended (Public Law 85–536). include a CEDS acceptable to EDA. The Business and industry; Community * * * * * applicant may, however, incorporate by development; Community facilities; Presidentially-declared disaster reference a current strategy previously Grant programs-business; Grant means a major disaster or emergency approved by EDA, as an alternative to programs-community development; declared under the Robert T. Stafford including the strategy in the American Indians; Manpower training Disaster Relief and Emergency application. (Exception: A strategy is programs; Mortgages; Research; Assistance Act (42 U.S.C. 5121 et seq.). not required when a funding request is Technical assistance. * * * * * for planning assistance, e.g., a strategy grant, under part 308 of this chapter.) 13 CFR Part 314 PART 301ÐGENERAL ELIGIBILITY The strategy must be in conformance Community development; Grant AND GRANT RATE REQUIREMENTS with CEDS requirements under § 303.3 programs-community development. of this chapter. 1. The authority citation for part 301 (b) EDA will approve as acceptable a 13 CFR Part 316 continues to read as follows: strategy that it determines meets the Community development; Grant Authority: 42 U.S.C. 3211; Department of requirements of § 303.3 of this chapter. programs-community development; Commerce Organization Order 10–4. The strategy may be one developed: Freedom of Information Act; Loan 2. Section 301.1 is amended by (1) With EDA assistance, programs-business; Loan programs- revising paragraph (b) to read as follows: (2) Under another Federally community development; supported program, or Environmental protection; Record § 301.1 Applicants. (3) Through a local, regional, or State retention; Records. * * * * * process. (b) Except as otherwise provided in * * * * * 13 CFR Part 317 part 307 of this chapter, a public or (d) To be acceptable, a strategy must Civil rights; Sex discrimination. private nonprofit organization applicant be approved, within one year prior to must include in its application for 13 CFR Part 318 the date of application, by the entity assistance, a resolution passed by, or a developing the strategy or by the Colleges and universities. letter signed by, an authorized applicant. In the case of a strategy Accordingly, the interim rule revising representative of a general purpose approved by the applicant, approval 13 CFR Chapter III which was published political subdivision of a State or an must be by the applicant’s governing at 64 FR 5347 on February 3, 1999, is Indian tribe, acknowledging that the body, or in the case of a State, by the adopted as a final rule with the applicant is acting in cooperation with governor or the governor’s designee(s). following changes: officials of the political subdivision or (e) Before EDA approves a strategy for Indian tribe, as applicable. an area all or partly within the PART 300ÐGENERAL INFORMATION 3. Section 301.2 is amended by boundaries of an EDD, the EDD 1. The authority citation for part 300 revising paragraphs (e) and (h) to read organization must be given a 30-day continues to read as follows: as follows: opportunity to review and comment § 301.2 Area eligibility. upon such strategy. Authority: 42 U.S.C. 3211; Department of 5. Section 301.4 is amended by Commerce Organization Order 10–4. * * * * * revising paragraph (c), and adding new 2. Section 300.2 is amended by (e) Eligibility is determined at the paragraphs (d)(4) and (5) to read as revising the definition of time that EDA receives an application follows: Comprehensive Economic Development and is based on the most recent Federal Strategy, by adding in alphabetical order data available for the area where the § 301.4 Grant rates. the definitions Federally-declared project will be located or where the * * * * * disaster and Presidentially-declared substantial direct benefits will be (c) The table in paragraph (b) of this disaster, to read as set forth below and received. If no Federal data are available section does not apply to projects which by removing the definition of ‘‘OEDP.’’ to determine eligibility, an applicant support the on-going operations of must submit to EDA the most recent Economic Development Districts or § 300.2 Definitions. data available through the government University Centers. Grant rates for those * * * * * of the State in which the area is located, projects are provided in part 306 and Comprehensive Economic i.e., conducted by or at the direction of subpart B of part 307, of this chapter, Development Strategy, CEDS, or strategy the State government. Other data may be respectively. means a strategy approved by EDA submitted, as appropriate, to (d) * * * under § 301.3 of this chapter. substantiate eligibility based on special (4) The project is not a University * * * * * needs, under paragraph (b)(3) of this Center project under subpart B of part Federally-declared disaster means a section. 307, of this chapter; and Presidentially-declared disaster or a * * * * * (5) The district organization is not Federally-declared disaster pursuant to (h) EDA describes special needs itself the sole project applicant. Projects the Magnuson-Stevens Fishery criteria under paragraph (b)(3) of this (other than planning projects under part Conversation and Management Act section in a NOFA. 306 of this chapter) for which the (Public Law 94–265) as amended by the 4. Section 301.3 is amended by district organization is a co-applicant Sustainable Fisheries Act (Public Law revising paragraphs (a), (b), and (d) and are eligible for the incentive if the co-
VerDate 29-OCT-99 19:10 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\14DER2.XXX pfrm03 PsN: 14DER2 69874 Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Rules and Regulations applicant with the district is actively 2. Section 303.1 is amended by resources, infrastructure, transportation participating in the economic revising paragraphs (a)(1), and (b) to systems, and the environment; development activities of the district read as follows: * * * * * and the project is otherwise eligible for such incentive. Planning projects under § 303.1 Definitions, purpose and scope. PART 304ÐGENERAL SELECTION part 306 of this chapter for which the (a) * * * PROCESS AND EVALUATION district organization is an applicant or a (1) Planning organization means an CRITERIA co-applicant are not eligible for the 10 Economic Development District 1. The authority citation for part 304 percent increase in assistance. organization, Indian tribe, or other continues to read as follows: * * * * * recipient of an EDA grant under part 306 of this chapter which grant is Authority: 42 U.S.C. 3211; Department of Commerce Organization Order 10–4. PART 302ÐECONOMIC awarded in whole or in part to develop, DEVELOPMENT DISTRICTS; update, or replace a CEDS, and 2. Section 304.1 is amended by STANDARDS FOR DESIGNATION, * * * * * revising paragraphs (a) introductory MODIFICATION AND TERMINATION text, (b) introductory text, and (b)(1), by (b) This part describes the planning redesignating paragraph (c) as (d) and 1. The authority citation for part 302 process of and requirements for revising it, and by adding a new continues to read as follows: strategies developed and implemented paragraph (c) as follows: Authority: 42 U.S.C. 3211; Department of by planning organizations supported by Commerce Organization Order 10–4. EDA. Though the strategy requirements § 304.1 Project proposal, application, are the same under all EDA programs selection and evaluation for programs 2. Section 302.4 is amended by which call for a strategy, the planning under PWEDA. redesignating paragraphs (a)(1)(v) process and reporting and updating (a) Local projects. If you are or through (vii) as paragraphs (a)(1)(vi) requirements for EDA supported represent a party eligible to be an through (viii) respectively, by adding a planning organizations are more applicant, and are interested in a public new paragraph (a)(1)(v), and by revising stringent. works, economic adjustment, planning, paragraph (b) introductory text to read local technical assistance or university as follows: 3. Section 303.2 is amended by revising paragraph (e) and adding a new center project grant, you should contact § 302.4 District organization functions and paragraph (f) to read as follows: the appropriate Economic Development responsibilities. Representative (EDR) (or EDA Regional (a) * * * § 303.2 Planning process. or headquarters office), identified in the (1) * * * * * * * * NOFA. The EDR or other EDA official is (v) The inclusion of private citizens (e) A new or revised strategy is available to provide program who are not officials of or employees required at least every five years, or information, including the current appointed by the officials of a general sooner if EDA or the planning published NOFA; provide a proposal purpose unit of local government; organization determines that the form approved by the U.S. Office of Management and Budget (OMB), and * * * * * strategy is inadequate due to changed (b) District organizations receiving circumstances. Each strategy must be provide assistance as needed in filling EDA financial assistance for the available for review and comment by out the proposal form. development and implementation of appropriate government bodies and * * * * * Comprehensive Economic Development interest groups in the area covered. (b) National technical assistance, Strategies must also: Strategies submitted by Districts require training, research, or evaluation a 30 day opportunity for review and projects. If you are or represent a party * * * * * eligible to be an applicant, and are (3) Section 302.6 is amended by comment by the Governor or Governors, interested in a national technical revising the introductory text and or designee(s), of the State or States in assistance, training, research, or paragraph (c) to read as follows: which they are located, prior to EDA approval. evaluation project under PWEDA, you should make initial contact with EDA in § 302.6 Termination and suspension of (f) If EDA identifies any deficiencies, district designation. Washington, D.C., at locations identified it will notify the organization in writing in the NOFA, for information and EDA may, upon 60 days prior written and provide the organization a notice to the district organization, assistance concerning proposals and to reasonable opportunity to remedy such obtain program information, including a member counties or other areas as deficiencies. determined by EDA, and each affected copy of the current NOFA, and OMB 4. Section 303.3 is amended by State, terminate the designation status of approved proposal form. After revising the introductory text and an Economic Development District: submission of the proposal to the paragraph (b) to read as follows: * * * * * appropriate EDA Washington, D.C. (c) When a district has requested § 303.3 Requirements for a strategy. office, generally, three or more termination. technically knowledgeable EDA officials A strategy must be the result of a will review the proposal for relevance * * * * * continuing economic development and quality. planning process, developed with PART 303ÐPLANNING PROCESS AND (1) If EDA determines that the broad-based and diverse community proposal is acceptable under § 304.2, STRATEGIES FOR DISTRICT AND participation, and contain the following: OTHER PLANNING ORGANIZATIONS program specific sections of this SUPPORTED BY EDA * * * * * chapter, and the NOFA, if applicable, (b) Background and history of the EDA may by letter invite the submitter 1. The authority citation for part 303 economic development situation of the to provide an application with a more continues to read as follows: area covered, with a discussion of the detailed and comprehensive project Authority: 42 U.S.C. 3211; Department of economy, including as appropriate, narrative. Commerce Organization Order 10–4. geography, population, labor force, * * * * *
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(c) Additional criteria, or priority approval project management Construction Projects, displayed at consideration factors for assistance, may requirements and procedures. EDA’s Web Site, http//www.doc.gov/eda be set forth in a NOFA. (b) As part of this pilot program, the (a copy of this publication is available (d) EDA expects that applications will procedures developed by CRO vary from from EDA and a copy will be furnished generally be submitted within 30 days those listed in this subpart B of part 305 to an award recipient with the Offer of after receipt of an invitation letter. in that they place greater reliance on a Financial Assistance), lists the contract EDA’s invitation to submit an recipient’s certification of compliance. provisions which EDA recommends for application does not assure EDA No additional requirements are imposed the A/E contract. The A/E agreement funding. by CRO procedures. CRO provides must be furnished to EDA in order for 3. Section 304.2 is amended by guidelines, in its version of the the allowability of the costs of A/E revising paragraph (a) to read as follows: ‘‘Requirements for Approved Projects,’’ services to be determined. to all recipients of grants for (d) Eligible project costs may include, § 304.2 How EDA evaluates proposals and construction projects monitored by the but not be limited to, costs for A/E fees, applications for projects funded under CRO. The recipient is not required to resident inspection, test borings, and the PWEDA. submit to EDA certain documentation at testing of materials provided under an (a) General proposal and application any set time, but is required to maintain agreement or contract with the evaluation criteria for projects funded all documentation supporting any and recipient. The A/E fees should be in under PWEDA are as follows: EDA will all certifications submitted to CRO, for conformity with similar costs and screen all proposals/applications for the period of time provided in 15 CFR projects in the area. conformance to statutory and regulatory part 14 or 24, as appropriate. 7. Sections 305.8 through 305.23 are requirements, the reasonableness of the 5. Section 305.6 is redesignated as added to read as follows: budget presented, and the following § 305.25, and a new § 305.6 is added to criteria: read as follows: § 305.8 Project phasing. (1) The relative severity of the The recipient is strongly urged to economic problem of the area, § 305.6 Project management conference. award all contracts for construction at (2) The quality of the scope of work After the EDA financial assistance one time. proposed to address the problem, award has been accepted by the (a) Where compelling reasons justify (3) The merits of the activity(ies) for recipient, EDA may schedule a planning phasing the project, the recipient must which funding is requested, and conference with the recipient’s secure the approval of EDA for phasing (4) The ability of the prospective representatives to explain the post- prior to advertising any portion for bid. applicant to carry out the proposed approval requirements for (b) The recipient’s request for activity(ies) successfully. administration of the EDA assisted approval of phasing must include valid * * * * * project. reasons justifying the request and a 6. Section 305.7 is revised to read as statement from the recipient that it can, PART 305ÐGRANTS FOR PUBLIC follows: and will, fund any overrun that arises in WORKS AND DEVELOPMENT the later phases. § 305.7 Selection of the Architect/ (c) Normally, EDA will not disburse FACILITIES Engineer. funds until all construction contracts 1. The authority citation for part 305 Guidelines for the selection of the have been awarded, (an exception is the continues to read as follows: Architect/Engineer (A/E), services to be development of an underground source Authority: 42 U.S.C. 3211; Department of performed by the A/E, contract of water when required to determine the Commerce Organization Order 10–4. provisions for those services and availability of an adequate source of eligible fees for the A/E are as follows: water supply in terms of both quality § 305.2 [Amended] (a) Selection of the A/E may be by and quantity as described in the grant 2. Section 305.2 is amended by sealed bids using formal advertising or application). removing paragraph (c) and by by competitive proposal procedures (d) Disbursement of grant funds by redesignating paragraph (d) as subject to negotiation of fair and phases must be approved by EDA. Such paragraph (c). reasonable compensation. The cost plus approvals will be given only if the 3.–4. Section 305.5 is redesignated as a percentage of cost and percentage of recipient can demonstrate that a severe § 305.24, and a new § 305.5 is added to construction cost methods of hardship will result if such approval is read as follows: contracting shall not be used. not given and there are compelling (b) The A/E agreement shall provide § 305.5 Pilot program. reasons why all phases cannot be for all services required by the recipient contracted for at the same time. (a) The Chicago Regional Office (CRO) for the engineering feasibility, design (e) The recipient must be capable of has been authorized to conduct a pilot and contract administration of the paying incurred costs prior to the first program through December of 1999 to proposed project. Appropriate standards disbursement of EDA grant funds. develop simplified and streamlined or guides developed by such procedures for monitoring approved professional organizations as the § 305.9 Recipient furnished equipment and EDA construction projects. Other EDA American Consulting Engineers materials. regional offices have been authorized to Council, American Society of Civil The recipient may wish to incorporate conduct their own pilot programs for Engineers, National Society of into the project equipment and/or monitoring compliance with the post- Professional Engineers, and/or the materials which it will secure through approval project management American Institute of Architects may be its own efforts. requirements, provided they first obtain used where the grantee does not have (a) It is the responsibility of the the approval of the Deputy Assistant standard procurement/contract recipient to assure that such equipment Secretary for Program Operations. The documents. and/or materials are adequate for the knowledge and efficiencies gained from (c) Exhibit A–1, Checklist for proposed use. the pilot programs will be evaluated and Architect/Engineer Services, in the EDA (b) The use of such equipment and used to improve and revise EDA’s post- publication, Requirements for Approved materials must be approved by EDA to
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The acceptance from the contractor, the require that major equipment items be award then may be made to that bidder. recipient must notify EDA of the intent subject to a lien in favor of EDA and Additional information on the to occupy or use the facility and the may also require a statement from the procedures to be followed is in the EDA effective date of the occupancy or use, Recipient regarding expected useful life publication, Requirements for Approved secure the written consent of the and salvage value. Construction Projects. contractor; secure an endorsement from (c) The recipient must be prepared to the insurance carrier and consent of the show that the cost claimed for such § 305.14 Bid underrun. surety company permitting occupancy equipment and/or materials is If at the construction contract bid or use during the period of construction; competitive with local market costs. opening, the lowest responsive bid is secure permanent fire and extended (d) Acquisitions of recipient furnished less than the funds available for equipment and/or materials under this coverage insurance and, when required, construction, EDA must be notified secure a permit to occupy the facility section is subject to the requirements of immediately to determine whether any 15 CFR part 24 or 15 CFR part 14. from the appropriate authority, e.g. the unneeded grant funds should be local building inspector. § 305.10 Construction Management deobligated. services. § 305.19 Contract change orders. § 305.15 Contract award. Construction Management is defined After construction contracts have EDA must concur in the award of all as the services of a firm with competent been executed, it may become necessary necessary contracts for design and and experienced staff to act as the to alter them. This requires a formal construction of the EDA assisted facility recipient’s agent to perform all or part contract change order, issued by the in order for the cost to be eligible for of project administration. EDA will not recipient and accepted by the EDA reimbursement. Pending EDA normally approve the use of a contractor. Construction Management firm for approval of the construction contract(s), projects costing less than $5 million. the recipient may issue the notice to (a) All contract change orders must be EDA will participate in such cost only proceed permitting the work to go concurred in by EDA even if the if EDA approves the contract for such forward. If the work does go forward recipient is to pay for all additional services. prior to EDA approval, the recipient will costs resulting from the change or the be proceeding at its own risk pending contract price is to be reduced. § 305.11 Design/Build method of EDA review and concurrence. The EDA construction. (b) The work on the project may regional office will advise the recipient continue pending EDA review and EDA discourages the use of the same of the documents that are required to concurrence in the change order but the entity to both design and to build EDA obtain EDA approval. recipient should be aware that all such assisted facilities. If the recipient desires work will be at the recipient’s risk as to to use such a method, its use must be § 305.16 Construction progress schedule. whether the cost for the work will be an justified and EDA must approve the If requested by EDA, the recipient will eligible project cost for EDA contract. The procurement of, and the secure from the contractor or A/E and compensation to, the designer/builder participation until EDA concurrence is furnish a copy to EDA of the estimated received. will be subject to the same rules as for construction progress chart and a (c) EDA will not approve financial the procurement of construction schedule of amounts for contract participation in change orders that are services. payments. The construction progress chart should be updated monthly by the solely for the purpose of using excess § 305.12 Advertising for bids. funds resulting from an underrun of one In the absence of State or local law to recipient, the A/E or the contractor, and an up-to-date copy furnished to EDA or more of the items in the approved the contrary, the advertisement for bids project budget. for construction projects should appear quarterly throughout the construction of in publications of general circulation a the project. (d) EDA approval of change orders must be based on a finding by EDA that minimum of four times within a 30-day § 305.17 Project sign. period prior to the opening of bids. the work called for in the change order Additional circulation of the invitation The recipient shall be responsible for is within the project scope and is for bids is encouraged if it is needed to the construction, erection, and required for satisfactory operation or obtain the coverage necessary to secure maintenance in good condition functioning of the project. competitive bids. Generally, a minimum throughout the construction period, of a sign or signs, (recommended § 305.20 Project development time of 30 days should be allowed for schedule. submission of bids. specifications for the sign are included as an exhibit to the EDA publication, The recipient is responsible for § 305.13 Bid overrun. Requirements for Approved expeditiously prosecuting the If at the construction contract bid Construction Projects) at the project site implementation of the project in opening the lowest responsive bid less in a conspicuous place indicating that accordance with the project deductive alternates, if any, exceeds the the Federal government is participating development time schedule contained funds available for construction, the in the project. EDA may require more in the EDA grant award. As soon as the recipient may reject all bids or augment than one sign if the project’s location so recipient becomes aware that it will not the funds available in an amount warrants. The recipient should confer be possible to meet the time schedule, sufficient to enable the award to be with the EDA regional office for it must notify the EDA Regional Office.
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§ 305.21 Controlling budget. as established by the U.S. Department of § 305.24 Disbursements of funds for The tabulation of estimated project Labor. grants. costs contained in the EDA grant award (b) The use of in-house forces for (a) * * * is the controlling budget for the project. construction may be approved by EDA (4) Upon such evidence as EDA may (a) Budget line item revisions, if: require that grantee’s proportionate including the addition of a new line (1) The recipient has a special skill share of funds not yet expended, is on item, which do not involve a change of required for the construction of the deposit; scope may be approved by EDA if no project, e.g., construction of unique * * * * * new EDA funds are involved; another Indian structures, or 9. Redesignated § 305.25 is revised to budget line item (preferably the (2) The recipient has made all read as follows: contingency line item, although this is reasonable efforts to obtain a contractor § 305.25 Final inspection. not mandatory) has funds which can be but has failed to do so because of A final inspection will be scheduled used without significantly adversely uncontrollable factors such as the affecting the object of that line item; and by the recipient and appropriate remoteness of the project site or an notification given to EDA, when the unless the line item that is proposed to overabundance of construction work in be supplemented is supplemented, the project has been completed and all the project area, or deficiencies have been corrected. EDA activity associated with that line item (3) Substantial cost savings can be cannot be completed. personnel may attend and participate in demonstrated. the final inspection and, in any event, (b) The recipient shall notify EDA of EDA must be advised of the outcome of any proposed transfer of funds from one § 305.23 Public Works projects for design such final inspection and the recipient’s budget line item to another. The and engineering work. acceptance of the work. recipient’s attention is called to the fact In general, EDA prefers to award a 10. Section 305.26 is added to read as that the addition of a new line item to Public Works grant that includes all of follows: the approved budget may involve an the costs required for the successful impermissible change of scope and, completion of a project, including the § 305.26 Reports. therefore, may result in such costs being design and engineering work. Financial and performance report excluded from EDA’s participation. (a) When the purpose of the Public requirements will be specified in the Accordingly, the recipient is advised to Works project is to accomplish only the Special Award Conditions of the grant. discuss the need to add a new line item design and engineering work for a Construction progress schedule reports to the approved budget with EDA proposed future construction project, will be as required in § 305.16. regional office staff before any costs are EDA may award a grant for the design incurred under such new line item. and engineering work with the PART 306ÐPLANNING ASSISTANCE § 305.22 Services performed by the understanding that EDA cannot make a 1. The authority citation for part 306 recipient's own forces. commitment against a future fiscal year continues to read as follows: appropriation to fund the proposed The recipient may wish to have a construction project. Authority: 42 U.S.C. 3211; Department of portion or all of the design, Commerce Organization Order 10–4. construction, inspection, legal services (b) The purpose of the EDA assisted project for design and engineering work 2. Section 306.3 is amended by or other work and/or services in revising paragraphs (b)(1) and (2), by connection with the project performed is to produce all of the documents required for the construction of the redesignating paragraph (b)(3) as (b)(4) by personnel who are employed by the and revising it, by adding a new recipient either full or part time (in- proposed future project in a format and in sufficient quantity to permit a paragraph (b)(3), and by revising house). Due to the difficulty in paragraph (c)(1) to read as follows: monitoring in-house construction and construction contract to be advertised the limited EDA staff available to and awarded soon after the project’s § 306.3 Award requirements. construction financing has been perform the monitoring, in-house * * * * * construction is discouraged. arranged. The EDA document, Requirements for Approved (b) * * * (a) If EDA approves the use of the Construction Projects, should be used to (1) The maximum Federal grant rate recipient’s in-house forces to construct ensure that the proposed construction for a project under this part for all or part of the EDA assisted project project meets all applicable Federal recipients other than Economic and the in-house forces are to be requirements. Development Districts is 50 percent, augmented by personnel hired except as supplemented as provided in specifically for the EDA assisted project, (c) Design and engineering projects § 301.4(b) of this chapter. the hourly wages to be paid to such will not generally be considered unless (2) The maximum Federal grant rate personnel shall be the same as the the nature of the proposed project to be for a project under this part for a district hourly wages paid to full time personnel considered is complex or is: of the recipient doing the same or environmentally sensitive and EDA (i) 50 percent, or similar work. If the nature of the work makes a determination that it is in the (ii) 75 percent, if the project meets the is not similar and/or there is not an best interest of the Government to award criteria of paragraph (b)(3) of this established wage scale, the prevailing a separate grant for design and section. state or county hourly wage for public engineering. (3) A district project is eligible for a employees shall be obtained from the (d) EDA requires the design/ supplemental grant increasing the appropriate state or county agency and engineering contract to be submitted to Federal share up to and including 75 used for the newly established position. and approved by EDA before any EDA percent when the applicant is able to However, non-profit recipients must pay grant funds can be disbursed. demonstrate that: all personnel employed for the 8. Redesignated § 305.24 is amended (i) The project is intended to address construction of the EDA assisted project by revising paragraph (a)(4) to read as problems arising from actual or the prevailing hourly wages for the area follows: threatened high unemployment, low per
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CEDS; local, State, regional, or national (3) A project awarded under this * * * * * economic development efforts, and will subpart is not eligible for additional 3. The heading of § 306.4 is revised to be of no or only incidental benefit to the Federal grant assistance under the table read as follows: recipient. in § 301.4(b) or the provisions of § 306.4 Post-approval requirements. (3) A project receiving a supplemental § 301.4(d) of this chapter, i.e., the 10 grant increasing the Federal share under percent incentive increase for certain * * * * * paragraph (c)(2) of this section is not projects in districts. PART 307ÐLOCAL TECHNICAL eligible for additional Federal grant (e) Direct costs: At least 80 percent of ASSISTANCE, UNIVERSITY CENTER assistance under § 301.4(d) of this EDA funding must be allocated to direct TECHNICAL ASSISTANCE, NATIONAL chapter, i.e., the 10 percent incentive costs of program delivery. TECHNICAL ASSISTANCE, TRAINING, increase for certain projects in districts. 7. A new § 307.8 is added to subpart RESEARCH, AND EVALUATION (4) A local technical assistance project B to read as follows: is eligible for a Federal grant rate of § 307.8 Post-approval requirements. 1. The authority citation for part 307 more than 75 percent, up to 100 percent, continues to read as follows: only if approved by the Assistant Financial reports, progress reports, and project products will be specified in Authority: 42 U.S.C. 3211; Department of Secretary. Commerce Organization Order 10–4. 4. Sections 307.7 through 307.9 are the special award conditions of the grant or cooperative agreement. 2. Section 307.2 is amended by redesignated as §§ 307.9 through 307.11, respectively; §§ 307.4 through 307.6 are 8. Redesignated § 307.11 is amended removing paragraph (f) and by revising by removing paragraph (c), by paragraphs (d) and (e) to read as follows: redesignated as §§ 307.5 through 307.7 in subpart B; and a new § 307.4 is added redesignating paragraph (d) as § 307.2 Application evaluation criteria. to read as follows: paragraph (c) and by revising redesignated paragraphs (c)(1)(ii) and * * * * * § 307.4 Post-approval requirements. (d) Demonstrates innovative (c)(2) introductory text to read as approaches to stimulating economic Financial reports, progress reports, follows: development in distressed areas; and and project products will be specified in § 307.11 Award and grant rate (e) Is consistent with the CEDS or the Special Award Conditions of the requirements. other strategy accepted by EDA for the grant or cooperative agreement. 5. Redesignated § 307.6 is amended by * * * * * area in which the project is located. (c) * * * removing paragraph (d) and by 3. Section 307.3 is amended by (1) * * * redesignating paragraphs (e) and (f) as removing paragraph (b) and by (ii) Up to and including 100 percent, (d) and (e) respectively. redesignating paragraphs (c) and (d) as if the project is not feasible without, and 6. Redesignated § 307.7 is amended by (b) and (c) accordingly, and by revising merits, a reduction or waiver of the non- revising paragraph (d) and by adding a redesignated paragraph (c) to read as Federal share required under the rate new paragraph (e) to read as follows: follows: provided in § 301.4(b) of this chapter. § 307.3 Award and grant rate § 307.7 Award and grant rate (2) A project is eligible for a requirements. requirements. supplemental grant increasing the * * * * * * * * * * Federal share up to and including 100 (c) Grant rate: (d) Grant rate: percent when the applicant is able to (1) The maximum Federal grant rate (1) The maximum Federal grant rate demonstrate that: for a project under this subpart is: for a project under this subpart is: * * * * *
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9. Section 307.12 is added to read as originally acquired or sell the original (1) The project is primarily for the use follows: property and use the proceeds in the and benefit of the community as a acquisition of the replacement property, whole without significantly expanding § 307.12 Post-approval requirements. provided that the replacement property the output of commercial products or Financial reports, progress reports, shall be used for the project and be services; and project products will be specified in subject to the same requirements as the (2) The project is primarily to be used the Special Award Conditions of the original property. In extraordinary and for non-production or non-distribution grant or cooperative agreement. compelling circumstances, EDA may purposes; allow replacement of real property, with PART 308ÐREQUIREMENTS FOR * * * * * the approval of the Assistant Secretary. ECONOMIC ADJUSTMENT GRANTS (4) The project will assure the 3. Section 314.4 is amended by retention of physical capacity and/or 1. The authority citation for part 308 revising paragraph (b) to read as follows: employment without significantly continues to read as follows: § 314.4 Unauthorized use. expanding the existing supply of the same kinds of commercial products or Authority: 42 U.S.C. 3211; Department of * * * * * Commerce Organization Order 10–4. services; (b) If property is disposed of or 2. Section 308.1 is amended by encumbered without EDA approval, * * * * * revising paragraph (b)(1) to read as EDA may assert its interest in the (6) The project will replace, rebuild or follows: property to recover the Federal share of modernize, within the same commuting area, facilities which within the § 308.1 Purpose and scope. the value of the property for the Federal Government. To that end, EDA may take previous two years have been, or are to * * * * * such actions as are provided in be, displaced by official governmental (b) * * * connection with loans and loan action, without a change in the kind or (1) Help organize and carry out a guarantees, in § 316.5(c) of this chapter. significant increase in output of the CEDS; EDA may pursue its rights under both commercial product or service * * * * * paragraphs (a) and (b) of this section to previously provided; 3. Section 308.4 is amended by recover the Federal share, plus costs and * * * * * revising paragraph (b) to read as follows: interest. (8) The project is wholly or primarily for planning, technical assistance, § 308.4 Selection and evaluation factors. PART 316ÐGENERAL research, evaluation, other studies, or * * * * * REQUIREMENTS FOR FINANCIAL for the training of workers, and not for (b) Strategy grants. EDA will review ASSISTANCE the direct benefit of a firm or an strategy grant applications for industry that produces a commercial assurances that the proposed activities 1. The authority citation for part 316 product or service; or will conform to the CEDS requirements continues to read as follows: * * * * * in § 303.3 of this chapter. Authority: 42 U.S.C. 3211; 19 U.S.C. 2391, 3. Section 316.11 is amended by * * * * * et. seq., Department of Commerce revising the heading and paragraph (a) Organization Order 10–4. 4. Section 308.5 is amended by to read as follows: revising paragraph (b) to read as follows: 2. Section 316.2 is amended by § 316.11 Intergovernmental review of § 308.5 Applicant requirements. revising the definitions of ‘‘Beneficiary’’ and ‘‘Commercial product or service’’ in projects. * * * * * paragraph (a), and by revising (a) When the applicant is not a State, (b) Include, or incorporate by paragraphs (e) introductory text, and Indian tribe or other general-purpose reference, if so approved by EDA, a (e)(1), (2), (4), (6) and (8) to read as governmental authority, the applicant strategy, as provided in § 301.3 of this follows: must afford the appropriate general chapter (except that a strategy is not purpose local governmental authority of required when a funding request is for § 316.2 Excess capacity. the area a minimum of 15 days in which planning assistance, e.g., a strategy (a) * * * to review and comment on a proposed grant); Beneficiary means a firm or group of project under EDA’s public works and * * * * * firms, a public or private enterprise or economic adjustment programs. Under organization that provides a commercial these programs, applicants shall furnish PART 314ÐPROPERTY product or service and that directly the following with their application: if 1. The authority citation for part 314 benefits from an EDA-assisted project. no comments were received, a statement continues to read as follows: * * * * * of the efforts made to obtain such comments; or, if comments were Authority: 42 U.S.C. 3211; 19 U.S.C. 2341– Commercial product or service means a product or service sold on the open received, a copy of the comments and a 2355; 42 U.S.C. 6701; 42 U.S.C. 184; statement of any actions taken to Department of Commerce Organization Order market in competition with another 10–4. provider’s product or service of the address such comments. * * * * * 2. Section 314.3 is amended by same kind. * * * * * revising paragraph (d) to read as PART 317ÐCIVIL RIGHTS follows: (e) Unless EDA determines that circumstances require a section 208 1. The authority citation for part 317 § 314.3 Use of property. study or report, EDA will make a is revised to read as follows: * * * * * finding of compliance with section 208 Authority: 42 U.S.C. 3211; 42 U.S.C. (d) When acquiring replacement without doing a section 208 report or 2000d–1; 29 U.S.C. 794; 42 U.S.C. 3123; 42 personal property of equal or greater study for those projects with known U.S.C. 6709; 20 U.S.C. 1681; 42 U.S.C. 6101; value, the recipient may, with EDA’s beneficiaries, and which have one or Department of Commerce Organization Order approval, trade-in the property more of the following characteristics: 10–4.
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2. Section 317.1 is amended by (ii) Statement indicating any indicating race, sex, national origin, age, revising paragraph (a)(5) and adding administrative findings by a Federal or and those who self-identify, as having paragraph (a)(6); by redesignating State agency. disabilities; paragraph (f) as paragraph (h) and (4) Whenever deemed necessary by (iv) A description of actions taken and revising it; by redesignating paragraphs EDA to determine that applicants and methods used in its diversity efforts to (b) through (e) as paragraphs (c) through other parties are in compliance with promote, as much as possible, the (f) and revising them; and by adding civil rights regulations, such applicants participation of all segments of the areas new paragraphs (b) and (g) to read as and other parties shall submit served; follows: additional information in the form and (v) Information regarding how they manner requested by EDA; and notified and provided organizations, § 317.1 Civil rights. (5) In addition to employment record including neighborhood associations (a) * * * requirements found in 15 CFR 8.7, representing the interests of minorities, (5) 42 U.S.C. 6709 (proscribing complete records on all employees and women, and people with disabilities, discrimination on the basis of sex under applicants for employment, including the opportunity to select members and the Local Public Works Program; and information on race, sex, national their own representatives; (6) Other Federal statutes, regulations origin, age, education and job-related (vi) A list of employees on the staff of and Executive Orders as applicable. criteria must be retained by employers the organization by name, position title, (b) No recipient or other party shall and made accessible to the responsible salary, funding source, and hiring data intimidate, threaten, coerce, or Department official. indicating race, sex, national origin, and discriminate against, any person for the (e) To enable EDA to determine that age; purpose of interfering with any right or there is no discrimination in the (vii) A brief summary of any privilege secured by section 601 of the distribution of benefits in projects economic development activities Civil Rights Act of 1964, section 504 of which provide service benefits, EDA undertaken during the previous 12 the Rehabilitation Act of 1973, Title IX may require that applicants submit a months that may have impacted the of the Education Amendments of 1972, project service map and information on covered persons in the area. This 42 U.S.C. 3123, 42 U.S.C. 6709, and the which to determine that services are information is required with the initial Age Discrimination Act of 1975, or provided to all segments of the area application and annually thereafter for because the person has made a being assisted. Applicants may be continuation planning funding. complaint, testified, assisted, or required to submit any other (4) Prior to approval of continuation participated in any manner in an information EDA may deem necessary funding for a planning grant each investigation, proceeding, or hearing for such determination. district and other planning organization under this part. (f) EDA assisted planning so supported by EDA is required to (c) Definitions: organizations must meet the following submit a report which includes the (1) Other Parties means, as an requirements: items outlined in paragraph (f)(3) of this elaboration of the definition in 15 CFR (1) For the selection of section except items in paragraphs part 8, entities which, or which are representatives, EDA expects planning (f)(3)(ii) and (v), (although paragraph intended to, create and/or save 15 or organizations and CEDS committees to (f)(3)(v) may be required when changes more permanent jobs as a result of EDA take appropriate steps to ensure, where to the boards and committees affecting assistance provided that they are also appropriate to the area, that there is minorities, women, people with either specifically named in the adequate representation of minority and disabilities have occurred), and a application as benefitting from the low-income populations, women, summary indicating the annual progress project, or are or will be located in an people with disabilities and Federal and made in the diversity efforts including EDA building, port, facility, or State recognized American Indian tribes a list by name, race, national origin, sex, industrial, commercial or business park and that such representation is and age of all hires, promotions, prior to EDA’s final disbursement of accomplished in a nondiscriminatory terminations, and composition of funds awarded for the project. manner; and applicant pools since the last reporting (2) Additional definitions are (2) EDA assisted planning period and steps taken to ensure provided in EDA’s Civil Rights organizations and CEDS committees nondiscrimination and to provide equal Guidelines and 15 CFR part 8. shall take appropriate steps to ensure employment opportunity. (d) All recipients of EDA financial that no individual will be subject to (5) In order to determine whether assistance under PWEDA and the Trade discrimination in employment because districts and other planning Act, and Other Parties are required to of their race, color, national origin, sex, organizations supported by EDA are submit the following to EDA: age or disability. complying with the requirements in (1) Written assurances that they will (3) Prior to approval of EDA initial paragraph (f)(3), EDA shall conduct comply with EDA regulations and other funding, and for district designations, annual compliance reviews of these Department of Commerce regulations, each district and other planning organizations through either an in-depth and such other requirements as may be organizations so supported by EDA is desk audit or onsite review. applicable, prohibiting discrimination; required to report to EDA the (g) Applicants for Revolving Loan (2) Employment data in such form membership of its governing bodies, Funds will provide information and manner as determined by EDA; executive committees, and staff. This describing the make-up of the existing (3) Information on civil rights status report shall include the following items: or proposed RLF Loan Board members and involvement in charges of (i) The total population and minority by race, national origin, gender, age, and discrimination in employment or the population of the area served by the those who voluntarily self-identify as provision of services during the 2 years organization; having disabilities. The reports previous to the date of submission of (ii) A list of organizations in the area submitted to EDA by RLF grantees will such data as follows: representing the interests of minorities, be used to monitor civil rights (i) Description of the status of any women, and people with disabilities; compliance. Additional information lawsuits, complaints or the results of (iii) A list of the membership of the may be requested as needed to compliance reviews; and governing board, executive committee determine compliance. Compliance
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Reader Aids Federal Register Vol. 64, No. 239 Tuesday, December 14, 1999
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER
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 8 CFR 3 CFR 235...... 68616 Proclamations: Presidential Documents Proposed Rules: Executive orders and proclamations 523±5227 7256...... 67691 7257...... 68269 100...... 68638 The United States Government Manual 523±5227 7258...... 69161 9 CFR 7259...... 69163 Other Services 78...... 67695 Executive Orders: 94...... 67695 Electronic and on-line services (voice) 523±4534 June 24, 1914 130...... 67697, 67699 Privacy Act Compilation 523±3187 (Revoked in part by Public Laws Update Service (numbers, dates, etc.) 523±6641 PLO 7416)...... 67295 10 CFR TTY for the deaf-and-hard-of-hearing 523±5229 April 28, 1917 51...... 68005 (Revoked in part by 72...... 67700 PLO 7416)...... 67295 ELECTRONIC RESEARCH 850...... 68854 February 11, 1918 Proposed Rules: World Wide Web (Revoked in part by 26...... 67202 PLO 7416)...... 67295 431...... 69598 Full text of the daily Federal Register, CFR and other July 10, 1919 publications: (Revoked in part by 11 CFR http://www.access.gpo.gov/nara PLO 7416)...... 67295 Proposed Rules: Federal Register information and research tools, including Public May 25, 1921 100...... 68951 Inspection List, indexes, and links to GPO Access: (Revoked in part by PLO 7416)...... 67295 12 CFR http://www.nara.gov/fedreg April 17, 1926 503...... 69183 E-mail (Revoked in part by 505...... 69183 PLO 7416)...... 67295 557...... 69183 PENS (Public Law Electronic Notification Service) is an E-mail February 7, 1930 559...... 69183 service for notification of recently enacted Public Laws. To (Revoked in part by 563...... 69183 subscribe, send E-mail to PLO 7416)...... 67295 572...... 69183 [email protected] 13143...... 68273 13 CFR with the text message: Administrative Orders: Memorandums: 300...... 69868 subscribe PUBLAWS-L your name November 29, 1999...... 68275 301...... 69868 Use [email protected] only to subscribe or unsubscribe to 302...... 69868 PENS. We cannot respond to specific inquiries. 5 CFR 303...... 69868 304...... 69868 Reference questions. Send questions and comments about the 410...... 69165 305...... 69868 Federal Register system to: 530...... 69165 531...... 69165 306...... 69868 [email protected] 532...... 69183 307...... 69868 The Federal Register staff cannot interpret specific documents or 534...... 68931 308...... 69868 regulations. 536...... 69165 314...... 69868 550...... 69165 316...... 69868 317...... 69868 FEDERAL REGISTER PAGES AND DATE, DECEMBER 551...... 69165 575...... 69165 318...... 69868 67147±67468...... 1 591...... 69165 Proposed Rules: 67469±67692...... 2 610...... 69165 120...... 67205 67693±67996...... 3 1630...... 67693 6801...... 68615 14 CFR 67997±68274...... 6 25 ...... 67147, 67701, 67705, 68275±68614...... 7 7 CFR 69383 68615±68930...... 8 29...... 67469 39 ...... 67471, 67706, 67708, 68931±69164...... 9 246...... 67997 67710, 68277, 68618, 68620, 69165±69370...... 10 319...... 68001, 69629 68623, 68625, 68628, 69185, 69371±69628...... 13 761...... 69322 69386, 69389, 69390, 69392, 69629±69882...... 14 905...... 69371 69394, 69629 906...... 69375 65...... 68916 915...... 69380 71 ...... 67712, 67713, 67714, 1407...... 67470 67715, 67716, 68007, 68008, Proposed Rules: 68009, 68010, 68931, 68932, 955...... 69419 69631, 69632 985...... 69421 97...... 67473, 67476 989...... 69204 Proposed Rules: 1032...... 67201 11...... 69856
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25...... 67804, 69425 29 CFR 82...... 68039 119...... 67170 39 ...... 67206, 67806, 67807, 4011...... 67163 122...... 68722 125...... 67170 68056, 68058, 68060, 68062, 4022...... 67163 123...... 68722 151...... 67170 68296, 68297, 68300, 68302, 4044...... 67165 124...... 68722 153...... 67170 68639, 68640, 68642, 68644, Proposed Rules: 141...... 67450 154...... 67170 68646, 68956, 68959, 68960, 2520...... 67436 143...... 67450 160...... 67170 68963, 69206, 69208, 69428, 2700...... 68649 144...... 68546 161...... 67170 69674 145...... 68546 162...... 67170 71 ...... 67525, 67810, 69430, 30 CFR 146...... 68546 163...... 67170 69431 913...... 68024 180 ...... 68044, 68046, 68631, 164...... 67170 450...... 69628 918...... 68289 69407, 69409 170...... 67170 946...... 69399 300...... 68052 174...... 67170 15 CFR Proposed Rules: Proposed Rules: 175...... 67170 303...... 67148 280...... 68649 50...... 68659 182...... 67170 806...... 67716 52 ...... 67222, 67534, 67535, 190...... 67170 902...... 68228, 68932 31 CFR 68065, 68066, 69211, 69448 193...... 67170 2015...... 67152 Proposed Rules: 70...... 68066 195...... 67170 28...... 69432 199...... 67170 16 CFR 81...... 68659 85...... 68310 32 CFR 4...... 69397 86...... 68310 287...... 67166 47 CFR 17 CFR 194...... 68661 Ch. 1 ...... 68053 Proposed Rules: 260...... 68968 3...... 68011 199...... 67220 1...... 68946 32...... 68011 372...... 68311 36...... 67372, 761...... 69358 211...... 67154, 68936 33 CFR 67416 270...... 68019 26...... 69633 41 CFR 51...... 68637 54...... 67372, Proposed Rules: 100 ...... 67168, 67169, 69192 Ch. 301 ...... 67670 Ch. II ...... 69074 117 ...... 67169, 67773, 68291 67416 300-3...... 67670 69...... 67372 4...... 68304 127...... 67170 301-10...... 67670 154...... 67170 76...... 67193, 67198 19 CFR 155...... 67170 42 CFR 90...... 67199 12...... 67479 159...... 67170 Proposed Rules: 132...... 67481 161...... 69633 68c ...... 69213 Proposed Rules: 163...... 67481 164...... 67170 433...... 67223 73 ...... 67236, 67535, 68662, 183...... 67170 438...... 67223 68663, 68664, 68665 20 CFR 207...... 69402 1001...... 69217 404...... 67719 48 CFR Proposed Rules: 44 CFR Proposed Rules: 140...... 68416 1815...... 69415 222...... 68647 65 ...... 69644, 69646, 69647, 141...... 68416 Proposed Rules: 325...... 67811 69649 142...... 68416 67 ...... 69652, 69655, 69657 1...... 67986 330...... 67811 143...... 68416 12...... 67992 Proposed Rules: 335...... 67811 144...... 68416 13...... 67992 67...... 69676 336...... 67811 145...... 68416 22...... 67986, 604...... 67811, 67972 146...... 68416 45 CFR 67992 21 CFR 147...... 68416 1641...... 67501 25...... 67446 30...... 67814 10...... 69188 Proposed Rules: 34 CFR 52 ...... 67446, 67986, 67992 12...... 69188 270...... 68202 304...... 69138 919...... 68072 176...... 68629 2522...... 67235 952...... 68072 178...... 67483 36 CFR 2525...... 67235 179...... 69190 1220...... 67662 46 CFR 203...... 67720 1222...... 67662 49 CFR 28...... 67170 205...... 67720 1228 ...... 67662, 67634, 68945 192...... 69660 30...... 67170 510...... 69188, 69191 Proposed Rules: 195...... 69660 520...... 68289 32...... 67170 219...... 69193 217...... 69446 34...... 67170 Proposed Rules: 225...... 69193 219...... 69446 35...... 67170 10...... 69209 571...... 69665 38...... 67170 12...... 69209 37 CFR Proposed Rules: 39...... 67170 314...... 67207 1...... 67486, 67774 40...... 69076 54...... 67170 510...... 69209 2...... 67486, 67774 56...... 67170 601...... 67207 253...... 67187 58...... 67170 50 CFR 1309...... 67216 38 CFR 61...... 67170 17...... 68508, 69195 24 CFR Proposed Rules: 63...... 67170 222...... 69416 985...... 67982 3...... 67528 76...... 67170 223...... 69416 77...... 67170 300...... 69672 26 CFR 39 CFR 78...... 67170 600...... 67511 1...... 67763 3001...... 67487 92...... 67170 622...... 68932 20...... 67763, 67767 Proposed Rules: 95...... 67170 649...... 68228 25...... 67767 111...... 68965 96...... 67170 679 ...... 68054, 68228, 68949, 301...... 67767 97...... 67170 69673 601...... 69398 40 CFR 105...... 67170 Proposed Rules: 602...... 67767 9 ...... 68546, 68722, 69636 108...... 67170 17...... 67814, 69324 52 ...... 67188, 67491, 67495, 109...... 67170 18...... 68973 28 CFR 67781, 67784, 67787, 68031, 110...... 67170 226...... 67536, 69448 0...... 68307 68034, 68292, 68293, 69404 111...... 67170 648...... 67551 551...... 68264 63 ...... 67789, 67793, 69637 114...... 67170 679 ...... 67555, 69219, 69458
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REMINDERS NUCLEAR REGULATORY Incidental takingÐ Source-specific plansÐ The items in this list were COMMISSION BP Exploration (Alaska); Salt River Pima-Maricopa editorially compiled as an aid Independent storage of spent Beaufort Sea; offshore Indian Community, AZ; to Federal Register users. nuclear fuel and high-level oil and gas platforms comments due by 12- Inclusion or exclusion from radioactive waste; licensing construction and 23-99; published 11-23- this list has no legal requirements: operation; comments 99 significance. Holders of and applicants due by 12-21-99; Salt River Pima-Maricopa for certificates of published 10-22-99 Indian Community, AZ; compliance and their DEFENSE DEPARTMENT comments due by 12- RULES GOING INTO contractors and Acquisition regulations: 23-99; published 11-23- EFFECT DECEMBER 14, subcontractors; expanded Information disclosure; 99 1999 applicability; published 10- comments due by 12-20- Pesticide programs: 15-99 99; published 10-21-99 Pesticide container and AGRICULTURE Civilian health and medical containment standards; DEPARTMENT COMMENTS DUE NEXT program of uniformed comments due by 12-20- Agricultural Marketing WEEK services (CHAMPUS): 99; published 10-21-99 Service TRICARE programÐ Pesticides; tolerances in food, animal feeds, and raw Avocados grown inÐ AGRICULTURE Double coverage; third agricultural commodities: Florida; published 12-13-99 DEPARTMENT party recoveries; Metolachlor; comments due COMMERCE DEPARTMENT Agricultural Marketing comments due by 12- by 12-20-99; published Service 20-99; published 10-19- Economic Development 10-21-99 Administration Eggs and egg products: 99 Pyriproxyfen; comments due Economic Development Shell eggs; refrigeration ENVIRONMENTAL PROTECTION AGENCY by 12-20-99; published Administration Reform Act of requirements; comments 10-21-99 1998; implementation; Air pollutants, hazardous; due by 12-21-99; Pyrithiobac sodium salt; published 12-14-99 national emission standards: published 10-22-99 comments due by 12-20- COMMERCE DEPARTMENT Sheep and lamb promotion, Generic maximum 99; published 10-20-99 achievable control National Oceanic and research, and information Sethoxydim; comments due technology Atmospheric Administration order; comments due by 12- by 12-20-99; published International fisheries 23-99; published 11-23-99 Surge control and bottoms 10-21-99 receiver vessels; regulations: AGRICULTURE Tebufenozide, etc.; comments due by 12- Pacific tuna; harvest quotas; DEPARTMENT comments due by 12-20- 22-99; published 11-22- published 12-14-99 Animal and Plant Health 99; published 10-21-99 99 Inspection Service Superfund program: ENVIRONMENTAL Air pollution control; new Interstate transportation of PROTECTION AGENCY motor vehicles and engines: National oil and hazardous animals and animal products substances contingency Air pollutants, hazardous; Light-duty vehicles and (quarantine): planÐ national emission standards: trucksÐ Tuberculosis in cattle and National priorities list Chromium emissions from Pre-production certification bisonÐ update; comments due hard and decorative procedures; compliance State and area by 12-21-99; published chromium electroplating assurance programs; classifications; 10-22-99 and anodizing tanks, etc.; reconsideration petition; comments due by 12- published 12-14-99 comments due by 12- Toxic substances: 20-99; published 10-20- Air quality implementation 20-99; published 11-5- Significant new usesÐ 99 plans; approval and 99 Ethane, 2-chloro-1,1,1,2- promulgation; various COMMERCE DEPARTMENT Air programs: tetrafluoro-, etc.; States: National Oceanic and Outer Continental Shelf comments due by 12- North Carolina; published Atmospheric Administration regulationsÐ 20-99; published 11-19- 10-15-99 99 Endangered and threatened California; consistency Clean Air Act: species: update; comments due Water programs: Acid rain programÐ Beluga whale; Cook Inlet, by 12-20-99; published Water quality planning and Nitrogen Oxides Emission AK, stock designation as 11-19-99 management; comments Reduction Program; depleted; comments due Air programs; approval and due by 12-22-99; response to court by 12-20-99; published promulgation; State plans published 10-1-99 remand; published 10- 10-19-99 for designated facilities and FEDERAL 15-99 Fishery conservation and pollutants: COMMUNICATIONS Reporting and recordkeeping management: Indiana; comments due by COMMISSION requirements; published 12- Caribbean, Gulf, and South 12-20-99; published 11- Digital television stations; table 14-99 Atlantic fisheriesÐ 18-99 of assignments: FEDERAL Gulf of Mexico and South Air quality implementation Florida; comments due by COMMUNICATIONS Atlantic coastal plans; approval and 12-23-99; published 11-4- COMMISSION migratory pelagic promulgation; various 99 Common carrier services: resources; comments States: Georgia; comments due by Telecommunications Act of due by 12-20-99; California; comments due by 12-23-99; published 11-4- 1996; implementationÐ published 11-4-99 12-20-99; published 11- 99 Customer proprietary Magnuson-Stevens Act 19-99 Texas; comments due by network information and provisionsÐ Colorado et al.; comments 12-20-99; published 11-2- other customer Essential fish habitat; due by 12-20-99; 99 information; comments due by 12- published 11-19-99 Radio and television telecommunications 23-99; published 11-8- Indiana; comments due by broadcasting: carriers' use; published 99 12-20-99; published 11- Class A low power 10-5-99 Marine mammals: 18-99 television service;
VerDate 29-OCT-99 21:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\14DECU.XXX pfrm02 PsN: 14DECU iv Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Reader Aids
establishment; comments direct funding; comments Fokker; comments due by Register but may be ordered due by 12-21-99; due by 12-20-99; 12-20-99; published 11- in ``slip law'' (individual published 10-22-99 published 10-21-99 19-99 pamphlet) form from the Radio stations; table of INTERIOR DEPARTMENT Lockheed; comments due Superintendent of Documents, U.S. Government Printing assignments: National Park Service by 12-23-99; published 11-8-99 Office, Washington, DC 20402 Louisiana; comments due by Concession contracts; 12-20-99; published 11-4- McDonnell Douglas; (phone, 202±512±1808). The solicitation, award, and text will also be made 99 administration comments due by 12-20- 99; published 11-4-99 available on the Internet from Ohio; comments due by 12- Economic analysis; Pilatus Aircraft Ltd.; GPO Access at http:// 20-99; published 11-4-99 comments due by 12-22- comments due by 12-23- www.access.gpo.gov/nara/ FEDERAL DEPOSIT 99; published 11-22-99 99; published 11-23-99 index.html. Some laws may INSURANCE CORPORATION not yet be available. LABOR DEPARTMENT Class C airspace; comments Asset purchase restrictions; Mine Safety and Health due by 12-23-99; published S. 1418/P.L. 106±130 comments due by 12-20-99; Administration 11-5-99 published 9-21-99 To provide for the holding of Coal mine safety and health: Class E airspace; comments court at Natchez, Mississippi, FEDERAL TRADE Samples used to determine due by 12-23-99; published COMMISSION in the same manner as court respirable dust level when 11-23-99 is held at Vicksburg, Trade regulation rules: quartz is present; program TRANSPORTATION Mississippi, and for other Franchising; disclosure policy letter; comments DEPARTMENT purposes. (Dec. 6, 1999; 113 requirements and due by 12-23-99; Research and Special Stat. 1677) prohibitions; comments published 11-23-99 Programs Administration H.R. 449/P.L. 106±131 due by 12-21-99; NUCLEAR REGULATORY Pipeline safety: Gateway Visitor Center published 10-22-99 COMMISSION Gas transmission and Authorization Act of 1999 HEALTH AND HUMAN Radiation protection standards: hazardous liquid pipelines (Dec. 7, 1999; 113 Stat. 1678) SERVICES DEPARTMENT in high consequence Solid materials release at H.R. 592/P.L. 106±132 Food and Drug licensed facilities; areas; enhanced safety Administration regulatory framework; and environmental To designate a portion of Biological products: comments due by 12-22- protection; comments due Gateway National Recreation by 12-20-99; published Area as ``World War Veterans Blood safety initiative; 99; published 10-19-99 10-21-99 Park at Miller Field''. (Dec. 7, comment period extended TRANSPORTATION 1999; 113 Stat. 1681) and public meeting; DEPARTMENT TREASURY DEPARTMENT H.R. 747/P.L. 106±133 comments due by 12-22- Coast Guard Customs Service Arizona Statehood and 99; published 11-9-99 Merchant marine officers and Financial and accounting Enabling Act Amendments of Food additives: seamen: procedures: 1999 (Dec. 7, 1999; 113 Stat. Adjuvants, production aids, Customs duties, taxes, fees Manning requirementsÐ 1682) and sanitizersÐ and interest; Federal pilotage for underpayments and 3,9-bis[2,4-bis(1-methyl-1- H.R. 748/P.L. 106±134 foreign-trade vessels in overpayments interest; phenylethyl)phenoxy]- To amend the Act that Maryland; comments comments due by 12-20- 2,4,8,10-tetraoxa-3,9- established the Keweenaw due by 12-20-99; 99; published 10-20-99 diphosphas- published 10-21-99 National Historical Park to TREASURY DEPARTMENT require the Secretary of the piro[5.5]undecane; Ports and waterways safety: comments due by 12- Internal Revenue Service Interior to consider nominees 23-99; published 11-23- New York Harbor, NY; Income taxes: of various local interests in safety zone; comments 99 Qualified lessee construction appointing members of the due by 12-20-99; allowances; short-term Keweenaw National Historical Human drugs and biological published 11-19-99 products: leases; comments due by Park Advisory Commission. TRANSPORTATION (Dec. 7, 1999; 113 Stat. 1684) Evidence to demonstrate 12-20-99; published 9-20- DEPARTMENT efficacy of new drugs 99 H.R. 791/P.L. 106±135 against lethal or Federal Aviation Tax-exempt bonds issued Star-Spangled Banner National permanently disabling Administration by State and local Historic Trail Study Act of toxic substances when Air carrier certification and governments; arbitrage 1999 (Dec. 7, 1999; 113 Stat. efficacy studies ethically operations: and related restrictions; 1685) cannot be conducted; Digital flight data recorder definition of investment- H.R. 970/P.L. 106±136 comments due by 12-20- type property; comments regulations for Boeing 737 Perkins County Rural Water 99; published 10-5-99 airplanes and for Part 125 due by 12-23-99; published 8-25-99 System Act of 1999 (Dec. 7, Protection of human subjects: operations; revisions; 1999; 113 Stat. 1688) comments due by 12-20- Investigational human drugs H.R. 1794/P.L. 106±137 and biologics; 99; published 11-18-99 LIST OF PUBLIC LAWS determination that Airworthiness directives: Concerning the participation of Taiwan in the World Health informed consent is not Bob Fields Aerocessories; This is a continuing list of Organization [WHO]. (Dec. 7, feasible or is contrary to comments due by 12-23- public bills from the current 1999; 113 Stat. 1691) best interests of 99; published 10-29-99 session of Congress which recipients, etc.; comments Boeing; comments due by have become Federal laws. It H.R. 2079/P.L. 106±138 due by 12-20-99; 12-20-99; published 11-5- may be used in conjunction Terry Peak Land Transfer Act published 10-5-99 99 with ``P L U S'' (Public Laws of 1999 (Dec. 7, 1999; 113 HOUSING AND URBAN Bombardier; comments due Update Service) on 202±523± Stat. 1693) DEVELOPMENT by 12-22-99; published 6641. This list is also H.R. 2886/P.L. 106±139 DEPARTMENT 11-22-99 available online at http:// www.nara.gov/fedreg. To amend the Immigration Public and Indian housing: Cessna; comments due by and Nationality Act to provide Public housing resident 12-20-99; published 11-4- The text of laws is not that an adopted alien who is management corporations; 99 published in the Federal less than 18 years of age
VerDate 29-OCT-99 21:01 Dec 13, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\14DECU.XXX pfrm02 PsN: 14DECU Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / Reader Aids v may be considered a child H.R. 3257/P.L. 106± city of Sisters, Oregon, a archives/publaws-l.html or under such Act if adopted with 41 State Flexibility Clarification certain parcel of land for use send E-mail to or after a sibling who is a Act (Dec. 7, 1999; 113 Stat. in connection with a sewage [email protected] with child under such Act. (Dec. 7, 1699) treatment facility. (Dec. 7, the following text message: 1999; 113 Stat. 1696) H.J. Res. 65/P.L. 106±142 1999; 113 Stat. 1708) Commending the World War II Last List December 9, 1999 H.R. 2889/P.L. 106±140 SUBSCRIBE PUBLAWS-L veterans who fought in the Your Name. To amend the Central Utah Battle of the Bulge, and for other purposes. (Dec. 7, 1999; Project Completion Act to Public Laws Electronic Note: This service is strictly provide for acquisition of water 113 Stat. 1701) Notification Service for E-mail notification of new and water rights for Central S. 28/P.L. 106±143 (PENS) laws. The text of laws is not Utah Project purposes, Four Corners Interpretive completion of Central Utah Center Act (Dec. 7, 1999; 113 available through this service. project facilities, and Stat. 1703) PENS is a free electronic mail PENS cannot respond to implementation of water S. 416/P.L. 106±144 notification service of newly specific inquiries sent to this conservation measures. (Dec. To direct the Secretary of enacted public laws. To address. 7, 1999; 113 Stat. 1698) Agriculture to convey to the subscribe, go to www.gsa.gov/
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