Pages 18323±18550 Vol. 64 4±14±99 eDt 3MR9 80 p 3 99Jt134 O000Fm001Ft41 ft41 :F\M1AW.X fm3PsN:14APWS pfrm03 E:\FR\FM\14APWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 18:01Apr13, 1999 VerDate 23-MAR-99 No. 71 federal register April 14,1999 Wednesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onhowtousetheFederalRegister 1 II Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999
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Contents Federal Register Vol. 64, No. 71
Wednesday, April 14, 1999
Agency for International Development Meetings: See International Development Cooperation Agency Defense Intelligence Agency Science and Technology Advisory Board, 18405 Agricultural Marketing Service Senior Executive Service: NOTICES Performance Review Board; membership, 18405 Perishable Agricultural Commodities Act: Limited liability companies; policy statement, 18397– Education Department 18398 NOTICES Grants and cooperative agreements; availability, etc.: Agricultural Research Service Elementary and secondary education— NOTICES Safe and drug-free schools and communities national Patent licenses; non-exclusive, exclusive, or partially programs, 18543–18546 exclusive: Individuals with disabilities— Protein Scientific, Inc., 18398 Training and information for parents of children wih disabilities, 18547–18549 Agriculture Department See Agricultural Marketing Service Energy Department See Agricultural Research Service See Federal Energy Regulatory Commission See Cooperative State Research, Education, and Extension Environmental Protection Agency Service RULES See Forest Service Pesticides; tolerances in food, animal feeds, and raw Air Force Department agricultural commodities: Cyprodinil, 18346–18351 NOTICES Cyromazine, 18357–18359 Privacy Act: Dimenthomorph, 18367–18369 System of records, 18406–18410 Fluthiacet-methyl, 18351–18357 Children and Families Administration Glyphosate, 18360–18367 Imidacloprid RULES Correction, 18359–18360 Personal Responsibility and Work Opportunity Oxyfluorfen, 18369–18372 Reconciliation Act of 1996; implementation: Pryiproxyfen (2-[1-methyl-2-(4- Temporary assistance for needy families program— phenoxyphenoxy)ethoxy]pyridine, 18333–18339 Out-of-wedlock childbearing decreases and abortion Tebufenozide; benzoic acid, 3,5-dimethyl-1(1,1- reduction; bonus awards to States with largest dimethylethyl)-2-(4-ethylbenzoyl) hyrazide, 18339– decreases in illegitimacy, 18483–18495 18346 NOTICES Commerce Department Pesticide registration, cancellation, etc.: See Export Administration Bureau Dexol peemergent weed and grass preventer 2, et al., See National Oceanic and Atmospheric Administration 18421–18424 See Patent and Trademark Office SEVIN brand 10% bait carbaryl insecticide, et al., 18424– Cooperative State Research, Education, and Extension 18426 Service Executive Office of the President PROPOSED RULES See Trade Representative, Office of United States Grants and cooperative agreements; availability, etc.: Stakeholders; recepients of agricultural research, Export Administration Bureau education, and extension formula funds input NOTICES requirements, 18533–18536 Agency information collection activities: Proposed collection; comment request, 18401–18402 Corporation for National and Community Service Meetings: NOTICES Technical Advisory Committee, 18402 Agency information collection activities: Submission for OMB review; comment request, 18403– Federal Aviation Administration 18404 RULES Meetings; Sunshine Act, 18404 Airworthiness directives: Lockheed, 18324–18327 Defense Department PROPOSED RULES See Air Force Department Airworthiness directives: See Navy Department Boeing, 18386–18392 NOTICES LET Aeronautical Works, 18384–18386 Agency information collection activities: Pilatus Aircraft Ltd., 18382–18384 Submission for OMB review; comment request, 18404 Federal airways and jet routes, 18392–18393
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NOTICES Food and Drug Administration Meetings: RULES RTCA, Inc., 18472 Medical devices: Class III preamendment devices; suction antichoke Federal Communications Commission device, tongs antichoke device, and implanted NOTICES neuromuscular stimulator device; premarket Agency information collection activities: approval, 18327–18329 Proposed collection; comment request, 18426–18427 Class III preamendments physical medicine devices; premarket approval, 18329–18331 Federal Election Commission Mammography quality standards, 18331–18333 NOTICES NOTICES Meetings; Sunshine Act, 18427 Food additive petitions: Ciba Specialty Chemicals Corp., 18429 Federal Energy Regulatory Commission NOTICES Forest Service Environmental statements; availability, etc.: NOTICES Algonquin LNG, Inc., 18420 Agency information collection activities: Grand River Dam Authority, 18420–18421 Proposed collection; comment request, 18398–18399 Meetings: Environmental statements; notice of intent: Nevada Independent System Administrator, 18421 Umpqua National Forest, OR, 18399–18400 Applications, hearings, determinations, etc.: White River National Forest, CO; correction, 18401 AES Redondo Beach, LLC., et al., 18416 Meetings: California Power Exchange Corp., 18416 Eastern Washington Cascades Provincial Advisory Columbia Gas Transmission, 18416–18417 Committee and Yakima Provincial Advisory Great Lakes Gas Transmission L.P., 18417 Committee, 18401 National Fuel Gas Supply Corp., 18417–18418 Forestry Research Advisory Council, 18401 Northern Natural Gas Co., 18418 Northwest Pipeline Corp., 18418–18419 General Services Administration PG&E Gas Transmission, Northwest Corp., 18419 NOTICES Texas Gas Transmission Corp., 18419 Environmental statements; availability, etc.: Chattanooga, TN; volunteer army ammunition plant; Federal Highway Administration disposal, 18428–18429 NOTICES Agency information collection activities: Health and Human Services Department Submission for OMB review; comment request, 18472– See Children and Families Administration 18473 See Food and Drug Administration See Indian Health Service Federal Maritime Commission See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Agreements filed, etc., 18427–18428 Administration NOTICES Federal Railroad Administration Organization, functions, and authority delegations: NOTICES Health Resources and Services Administration, 18429 Safety advisories, bulletins, and directives: Richmond-built tank car tanks originally equipped with Housing and Urban Development Department foam-in-place insulation; inspection requirements, RULES 18473–18476 Fair housing: Complaint processing; plain language revision and Federal Reserve System reorganization, 18537–18541 NOTICES Banks and bank holding companies: Indian Affairs Bureau Change in bank control, 18428 NOTICES Formations, acquisitions, and mergers, 18428 Environmental statements; availability, etc.: Skull Valley Indian Reservation, UT; private fuel storage Federal Transit Administration installation, 18451–18452 NOTICES Transportation Equity Act for 21st Century; Indian Health Service implementation: NOTICES Over-the-road bus accessibility; program guidance, 18476 Grants and cooperative agreements; availability, etc.: Health professions recruitment program, 18429–18432 Fish and Wildlife Service NOTICES Interior Department Endangered and threatened species permit applications, See Fish and Wildlife Service 18440–18442 See Indian Affairs Bureau Environmental statements; availability, etc.: See Land Management Bureau Incidental take permit— See National Park Service Los Osos, CA; Morro shoulderband snail, 18442–18443 See Reclamation Bureau
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NOTICES National Institute of Neurological Disorders and Stroke, Privacy Act: 18433 Systems of records, 18434–18440 National Oceanic and Atmospheric Administration International Development Cooperation Agency RULES RULES Fishery conservation and management: Acquisition regulations: Alaska; fisheries of Exclusive Economic Zone— Miscellaneous amendments; correction, 18481 Pacific cod, 18373–18374 PROPOSED RULES International Trade Commission Fishery conservation and management: NOTICES Caribbean, Gulf, and South Atlantic fisheries— Import investigations: Gulf of Mexico reef fish, 18395–18396 Lamb meat from— Magnuson-Stevens Act provisions— Canada and Mexico, 18448–18449 Gulf of Maine separator trawl whiting fishery and Justice Department proposed supplemental gear, 18394–18395 NOTICES See National Institute of Justice Meetings: Labor Department New England Fishery Management Council, 18402 See Mine Safety and Health Administration National Park Service Land Management Bureau NOTICES NOTICES Meetings: Environmental statements; availability, etc.: Trail of Tears National Historic Trail Advisory Council, Skull Valley Indian Reservation, UT; fuel storage 18443 installation, 18451–18452 National Trails System: Lewis and Clark National Historic Trail; trail marker Legal Services Corporation insignia, 18444 RULES Native American human remains and associated funerary Legal assistance eligibility: objects: Maximum income levels California State University, Fresno, CA; inventory Correction, 18372 completion, 18444–18445 Heard Museum, Phoenix, AZ; repatriation, 18445 Maritime Administration Minnesota Indian Affairs Council, Bemidji, MN; NOTICES inventory completion, 18445–18446 Agency information collection activities: Peabody Museum, MA; inventory completion, 18446– Reporting and recordkeeping requirements, 18476 18447 Peabody Museum, MA; repatriation, 18447 Mine Safety and Health Administration PROPOSED RULES National Science Foundation Education and training: NOTICES Shell dredging and mining of sand, gravel, surface stone, Meetings: surface clay, colloidal phosphate, and surface NSF 50th Anniversary Public Advisory Committee, limestone; hearings, 18498–18531 18449–18450
National Aeronautics and Space Administration Navy Department RULES NOTICES Acquisition regulations: Privacy Act: Contract financing; electronic funds transfer payment System of records, 18410–18416 other than central contractor registration, 18372– 18373 Northeast Dairy Compact Commission National Highway Traffic Safety Administration RULES NOTICES Rulemaking procedures and producer referendum, 18323– Motor vehicle safety standards: 18324 Nonconforming vehicles— Importation eligibility; determinations, 18477–18480 Nuclear Regulatory Commission NOTICES National Institute of Justice Environmental statements; availability, etc.: NOTICES Skull Valley Indian Reservation, UT; private fuel storage Meetings: installation, 18451–18452 Future of DNA Evidence National Commission, 18449 Meetings: Reactor Safeguards Advisory Committee, 18452 National Institutes of Health Applications, hearings, determinations, etc.: NOTICES FirstEnergy Nuclear Operating Co., 18450 Meetings: Public Service Electric & Gas Co., 18450–18451 National Center for Research Resources, 18432–18433 National Institute of Environmental Health Sciences, Office of United States Trade Representative 18433–18434 See Trade Representative, Office of United States
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Patent and Trademark Office Substance Abuse and Mental Health Services NOTICES Administration Agency information collection activities: NOTICES Proposed collection; comment request, 18402–18403 Agency information collection activities: Proposed collection; comment request, 18434 Public Health Service See Food and Drug Administration Trade Representative, Office of United States See Indian Health Service NOTICES See National Institutes of Health Trade Policy Staff Committee: See Substance Abuse and Mental Health Services World Trade Organization— Administration Free trade area of the Americas; market access negotiations, etc., 18469–18472 Reclamation Bureau NOTICES Transportation Department Meetings: See Federal Aviation Administration Bay-Delta Advisory Council, 18447–18448 See Federal Highway Administration See Federal Railroad Administration Securities and Exchange Commission See Federal Transit Administration See Maritime Administration PROPOSED RULES See National Highway Traffic Safety Administration Securities: Publication or submission of quotations without specified Udall, Morris K., Scholarship and Excellence in National information, 18393–18394 Environmental Policy Foundation Securities and investment companies: Canadian tax-deferred retirement savings accounts; offer NOTICES Meetings; Sunshine Act, 18480 and sale of securities; correction, 18481 NOTICES Applications, hearings, determinations, etc.: American Skandia Trust and American Skandia Separate Parts In This Issue Investment Services, Inc., 18452–18454 AMR Investment Services Trust, et al., 18454–18457 Part II Equitable Life Assurance Society of the United States, et Department of Health and Human Services, Children and al., 18457–18461 Families Administration, 18483–18495 Merrill Lynch Life Insurance Co., et al., 18461–18464 Prudential Insurance Co. of America, et al., 18464–18467 Part III Department of Labor, Mine Safety and Health Small Business Administration Administration, 18497–18531 RULES Surety bond guarantees: Part IV Technical amendments, 18324 Department of Agriculture, Cooperative State Research, PROPOSED RULES Education, and Extension Service, 18533–18536 Small business investment companies: Miscellaneous amendments, 18375–18382 Part V NOTICES Department of Housing and Urban Development, 18537– Agency information collection activities: 18541 Proposed collection; comment request, 18467 Interest rates; quarterly determinations, 18468 Part VI License surrenders: Department of Education, 18543–18546 Pioneer Ventures L.P., 18468 Applications, hearings, determinations, etc.: Part VII Zero Stage Capital VI, L.P., 18467–18468 Department of Education, 18547–18549
Social Security Administration NOTICES Reader Aids Social security acquiescence rulings: Consult the Reader Aids section at the end of this issue for Termination of entitlement based on presumed death, phone numbers, online resources, finding aids, reminders, 18468–18469 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 1361...... 18323 Proposed Rules: 3418...... 18534 13 CFR 115...... 18324 Proposed Rules: 107...... 18375 14 CFR 39...... 18324 Proposed Rules: 39 (3 documents) ...... 18382, 18384, 18386 71 (2 documents) ...... 18392, 18481 17 CFR Proposed Rules: 230...... 18481 240 (2 documents) ...... 18393, 18481 270...... 18481 21 CFR 874...... 18327 882...... 18327 890...... 18329 900...... 18331 24 CFR 103...... 18538 30 CFR Proposed Rules: 46 (2 documents) ...... 18498, 18528 48...... 18498 40 CFR 180 (9 documents) ...... 18333, 18339, 18346, 18351, 18357, 18359, 18360, 13867, 18369 45 CFR 283...... 18484 1611...... 18372 48 CFR 722...... 18481 732...... 18481 752...... 18481 1832...... 18372 50 CFR 679...... 18373 Proposed Rules: 600...... 18394 622...... 18395 648...... 18394
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Rules and Regulations Federal Register Vol. 64, No. 71
Wednesday, April 14, 1999
This section of the FEDERAL REGISTER (‘‘Compact’’). The Compact was enacted The prohibition against any ex parte contains regulatory documents having general into law by each of the six participating communication between Commission applicability and legal effect, most of which New England states as follows: members or Commission staff and are keyed to and codified in the Code of Connecticut—Pub. L. 93–320; Maine— interested persons or their Federal Regulations, which is published under Pub. L. 89–437, as amended, Pub. L. 93– representatives, during the course of the 50 titles pursuant to 44 U.S.C. 1510. 274; Massachusetts—Pub. L. 93–370; rulemaking proceeding, remains in full The Code of Federal Regulations is sold by New Hampshire—Pub. L. 93–336; force. the Superintendent of Documents. Prices of Rhode Island—Pub. L. 93–106; Secondly, the Commission amends new books are listed in the first FEDERAL Vermont—Pub. L. 93–57. In accordance § 1361.11(b) to adjust the time period REGISTER issue of each week. with Article I, Section 10 of the United during which the Commission members States Constitution, Congress consented are prohibited from discussing the to the Compact in Pub. L. 104–127 merits of the pending rulemaking NORTHEAST DAIRY COMPACT (FAIR Act), Section 147, codified at 7 proceeding with each other. The current COMMISSION U.S.C. 7256. Subsequently, the United provision only allows Commission States Secretary of Agriculture, pursuant members to discuss the merits of the 7 CFR Part 1361 to 7 U.S.C. 7256(1), authorized rulemaking during the deliberative implementation of the Compact. meeting conducted pursuant to 7 CFR Rulemaking Procedures Pursuant to its rulemaking authority § 1361.8. The amended rule permits AGENCY: Northeast Dairy Compact under Article V, Section 11 of the Commission members to discuss the Commission. Compact, the Commission concluded an issues following the close of the ACTION: Interim rule with request for informal rulemaking process and voted comment period, after the public record comments. to adopt a compact over-order price is complete. The prohibition against regulation on May 30, 1997.1 The discussing the merits of the proceeding SUMMARY: This interim rule amends the Commission subsequently amended and between the date of publication of the ex parte communication provision of extended the compact over-order price official notice of the rulemaking the Commission’s rulemaking regulation.2 In 1998, the Commission proceeding and the close of the post- procedures. The amended rule allows further amended specific provisions of hearing comment period remains in Commission members to discuss the the over-order price regulation.3 The force. This amendment will permit the merits of a pending rulemaking current compact over-order price Commission’s Committee on proceeding with each other after the regulation is codified at 7 CFR Chapter Regulations and Rulemaking, as well as close of the comment period. The XIII. state delegations and individual existing prohibition against ex parte On July 14, 1998, the Commission Commissioners, to prepare for the communications between Commission published an interim procedural rule to Commission’s deliberative meeting held members or Commission staff and establish regulations governing the pursuant to § 1361.8. interested parties or their administrative rulemaking procedures Accordingly, the Commission amends representatives, at any time during the for the Commission, as authorized by the current procedural rule to be rulemaking proceeding, remains in full Section 11 of the Compact. That rule effective upon publication. The force with some clarifying amendments was based on rulemaking procedures amended rule will apply only to those to the language of the rule. originally adopted by the Commission rulemaking proceedings initiated by DATES: Interim rule effective April 14, on November 21, 1996 and incorporated publication of official notice after the 1999. Sworn and notarized written in the Commission’s Bylaws.4 effective date of the rule. testimony, comments and exhibits may The Commission determines that two Public Participation in Rulemaking be submitted until 5:00 p.m. on May 14, amendments to the current provision Proceedings prohibiting ex parte communications 1999. The Commission seeks and ADDRESSES: Mail, or deliver, sworn and are warranted. First, the Commission amends subsections (a) and (b) of encourages comments on these notarized testimony, comments and amendments to the Commission’s exhibits to: Northeast Dairy Compact § 1361.11 to substitute clarifying language. The Commission deletes rulemaking procedures. The Commission, 34 Barre Street, Suite 2, Commission continues to benefit from Montpelier, Vermont 05602. reference to a ‘‘hearing’’ and substitutes the phrase ‘‘rulemaking proceeding,’’ in the valuable insight and active FOR FURTHER INFORMATION CONTACT: both subsections (a) and (b). In only participation of all segments of the Kenneth M. Becker, Executive Director, subsection (a), the Commission also affected community, including Northeast Dairy Compact Commission at deletes the phrase ‘‘ discuss ex parte’’ consumers, processors and producers in the above address or by telephone at and substitutes the phrase the development and administration of (802) 229–1941, or by facsimile at (802) ‘‘communicate, either directly or the over-order price regulation and 229–2028. indirectly, in connection with’’ the welcomes comments from milk handlers SUPPLEMENTARY INFORMATION: merits of the rulemaking proceeding. and other interested persons. Background Request for Written Comments 1 62 FR 29626 (May 30, 1997) The Northeast Dairy Compact 2 62 FR 62810 (Nov. 25, 1997) Any person may participate in the Commission (‘‘Commission’’) was 3 63 FR 10104 (Feb. 27, 1998); 63 FR 46385 (Sept. rulemaking proceeding by submitting established under authority of the 1, 1998); and 63 FR 65517 (Nov. 27, 1998). written comments or exhibits to the Northeast Interstate Dairy Compact 4 63 FR 37755 (July 14, 1998). Commission. Comments and exhibits
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.032 pfrm02 PsN: 14APR1 18324 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations may be submitted at any time before SMALL BUSINESS ADMINISTRATION reporting or record keeping 5:00 p.m. on May 14, 1999. requirements. 13 CFR Part 115 Please note: Comments and exhibits will For purposes of E.O. 12612, SBA certifies that this rule would not have be made part of the record of the rulemaking Surety Bond Guarantees proceeding only if they identify the author’s any federalism implications warranting name, address and occupation, and if they AGENCY: Small Business Administration. the preparation of a Federalism Assessment. include a sworn and notarized statement ACTION: Final rule. indicating that the comment and/or exhibit is For purposes of E.O. 12778, SBA presented based upon the author’s personal SUMMARY: This document amends 13 certifies that this rule is drafted, to the knowledge and belief. Facsimile copies will CFR 115.31(a)(2) to conform it to extent practicable, under the standards be accepted up until the 5:00 p.m. deadline, Section 411(c)(3)(B) of the Small set forth in Section 2 of that Order. but the original must then be sent by Business Investment Act (the ‘‘Act’’), as List of Subjects in 13 CFR Part 115 ordinary mail. amended by Section 604(d) of the Small Surety bond guarantees. List of Subjects in 7 CFR Part 1361 Business Reauthorization Act of 1997 (the ‘‘1997 Reauthorization Act’’). The For the reasons stated in the Administrative practice and 1997 Reauthorization Act added bonds preamble, the Small Business Administration amends 13 CFR part 115 procedure, Rulemaking, Milk. issued on behalf of qualified HUBZone small business concerns to those as follows: Codification in Code of Federal receiving a 90 percent guarantee under PART 115ÐSURETY BOND Regulations the Surety Bond Guarantee Program. GUARANTEES Since this rule only implements the For reasons set forth in the preamble, cited statute, it is published in final the Northeast Dairy Compact 1. The authority citation for part 115 form without opportunity to comment. is revised to read as follows: Commission amends 7 CFR Part 1361 as follows: EFFECTIVE DATE: This rule is effective Authority: 5 U.S.C. app 3; 15 U.S.C. 687b, May 14, 1999. 687c, 694a, 694b; Pub. L. 101–574, 104 Stat. PART 1361Ð RULEMAKIMG FOR FURTHER INFORMATION CONTACT: 2823 (1990); Pub. L. 105–135. PROCEDURES Robert J. Moffitt, Associate § 115.31 [Amended] Administrator, Office of Surety 2. Amend § 115.31 to revise paragraph 1. The authority citation for part 1361 Guarantees, (202) 205–6540. (a)(2) to read as follows: continues to read as follows: SUPPLEMENTARY INFORMATION: This (a) * * * Authority: 7 U.S.C. 7256. amendment only implements the cited (2) The bond was issued on behalf of statute to include bonds issued by a a small business owned and controlled 2. Section 1361.11 is amended by Prior Approval Surety on behalf of by socially and economically revising paragraphs (a) and (b) to read qualified HUBZone small business disadvantaged individuals or on behalf as follows: concerns among those to be covered by of a qualified HUBZone small business a 90 percent guarantee from SBA. The § 1361.11 Ex parte communications. concern. present regulation already provides a 90 * * * * * (a) Following notice of a rulemaking percent guarantee for bonds issued on proceeding, pursuant to § 1361.3, and behalf of small disadvantaged concerns. Dated: March 31, 1999. prior to the conclusion of a producer This change would affect only Aida Alvarez, referendum, or the final decision of the qualified HUBZone small business Administrator. Commission, whichever is later, no concerns that are already eligible to [FR Doc. 99–9268 Filed 4–13–99; 8:45 am] Compact Commission member or participate in the Surety Bond BILLING CODE 8025±01±P Commission staff person shall Guarantee Program. Publishing a communicate, either directly or proposed rule for notice and comment indirectly, in connection with the merits is unnecessary because the change to DEPARTMENT OF TRANSPORTATION of the rulemaking proceeding with any the regulation is minimal and SBA has no discretion. Federal Aviation Administration person having an interest in the proceeding or with any representative of Compliance With Executive Orders 14 CFR Part 39 such person. 12612, 12778, and 12866, the Regulatory Flexibility Act (5 U.S.C. [Docket No. 97±NM±315±AD; Amendment (b) Following notice of a rulemaking 39±11128; AD 99±08±20] proceeding, pursuant to § 1361.3, and 601–612.) and the Paperwork Reduction Act (44 U.S.C. Ch. 35) prior to the close of the comment RIN 2120±AA64 SBA certifies that this is not a period, pursuant to § 1361.7, Compact Airworthiness Directives; Lockheed significant regulatory action under E.O. Commission members shall not discuss Model L±1011±385 Series Airplanes among themselves the merits of the 12866 and will not have a significant rulemaking proceeding. economic impact on a substantial AGENCY: Federal Aviation number of small entities under the * * * * * Administration, DOT. Regulatory Flexibility Act (5 U.S.C. Dated: April 8, 1999. ACTION: Final rule. 601–612.) This rule only affects those Kenneth M. Becker, HUBZone small business concerns who SUMMARY: This amendment supersedes Executive Director. may want to participate in SBA’s Surety an existing airworthiness directive (AD), [FR Doc. 99–9273 Filed 4–13–99; 8:45 am] Bond Guarantee Program. applicable to all Lockheed Model L– BILLING CODE 1650±01±P For purposes of the Paperwork 1011–385 series airplanes, that currently Reduction Act, 44 U.S.C. Ch. 35, SBA requires a one-time inspection to detect certifies that this rule contains no new cracking of the bulkhead at fuselage
VerDate 23-MAR-99 15:23 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.XXX pfrm04 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18325 station (FS) 1363 at butt line 42.5, and inspections to detect cracking of the Cost Impact repair or additional inspections, if bulkhead web at FS 1363; repetitive There are approximately 236 Model necessary. This amendment adds visual, eddy current bolt hole, eddy L–1011 series airplanes of the affected repetitive inspections to detect cracking current surface scan, and X-ray design in the worldwide fleet. The FAA of the bulkhead web and bulkhead cap inspections to detect cracking of the estimates that 118 airplanes of U.S. (frame cap) at FS 1363, and repair, if bulkhead cap at FS 1363; and repair, if registry will be affected by this AD. necessary. This amendment is prompted necessary. The inspections would be The actions that are currently by reports that additional, more required to be accomplished in required by AD 95–12–24 take extensive, fatigue cracking was found in accordance with the service bulletins approximately 16 work hours per the bulkhead web and cap. The actions described previously. The action also airplane to accomplish, at an average specified by this AD are intended to proposed to provide for modification of labor rate of $60 per work hour. Based detect and correct cracking of the the bulkhead web or bulkhead cap, on these figures, the cost impact of the bulkhead web and cap, which could which, if accomplished, introduces a currently required actions on U.S. result in reduced structural integrity of new threshold of 18,000 flight cycles for operators is estimated to be $113,280, or the fuselage. the repetitive inspections of the $960 per airplane. DATES: Effective May 19, 1999. modified area. The new inspections of the bulkhead The incorporation by reference of In addition, the action also proposed web that are required by this new AD certain publications listed in the that flight with a crack in the bulkhead action will take approximately 16 work regulations is approved by the Director web is allowed, provided that (1) the hours per airplane to accomplish, at an of the Federal Register as of May 19, crack does not extend beyond a certain average labor rate of $60 per work hour. 1999. area, (2) the crack does not exceed a Based on these figures, the cost impact The incorporation by reference of certain maximum length, (3) the of the inspections of the bulkhead web certain other publications, as listed in horizontal stiffeners above and below required by this AD on U.S. operators is the regulations, was approved the web crack have no detectable cracks, estimated to be $113,280, or $960 per previously by the Director of the Federal and (4) inspections of the bulkhead are airplane, per inspection cycle. Register as of July 3, 1995 (60 FR 31624, repeated on a more frequent basis until The new inspections of the bulkhead June 16, 1995). repair is accomplished. cap that are required by this AD action ADDRESSES: The service information Interested persons have been afforded will take approximately 40 work hours referenced in this AD may be obtained an opportunity to participate in the per airplane to accomplish, at an from Lockheed Martin Aircraft & making of this amendment. Due average labor rate of $60 per work hour. Logistics Center, 120 Orion Street, consideration has been given to the Based on these figures, the cost impact Greenville, South Carolina 29605. This comments received. of the inspections of the bulkhead cap information may be examined at the Support for the Proposal required by this AD on U.S. operators is Federal Aviation Administration (FAA), estimated to be $283,200, or $2,400 per Transport Airplane Directorate, Rules Two commenters support the airplane, per inspection cycle. Docket, 1601 Lind Avenue, SW., proposed rule. Should an operator be required to Renton, Washington; or at the FAA, Request To Add Approval for accomplish the repair of cracking in the Small Airplane Directorate, Atlanta bulkhead web, it will take between 8 to Aircraft Certification Office, One Crown Previously Approved Alternative Methods of Compliance 32 work hours per airplane (8 work Center, 1895 Phoenix Boulevard, suite hours for each cracked area) to 450, Atlanta, Georgia; or at the Office of One commenter requests that accomplish the repair, at an average the Federal Register, 800 North Capitol approval be granted to use previously labor rate of $60 per work hour. Based Street, NW., suite 700, Washington, DC. issued alternative methods of on these figures, the cost impact of any FOR FURTHER INFORMATION CONTACT: compliance (AMOC) that were issued necessary repair of the bulkhead web is Thomas Peters, Aerospace Engineer, for AD 95–12–24. estimated to be between $480 to $1,920 Systems and Flight Test Branch, ACE– The FAA concurs with the per airplane. 116A, FAA, Small Airplane Directorate, commenter’s request. The FAA Should an operator be required to Atlanta Aircraft Certification Office, inadvertently omitted reference to the accomplish the repair of cracking in the One Crown Center, 1895 Phoenix fact that AMOC’s issued for AD 95–12– bulkhead cap, it will take approximately Boulevard, suite 450, Atlanta, Georgia 24 are approved for this AD. 200 work hours per airplane to 30349; telephone (770) 703–6063; fax Accordingly, the final rule has been accomplish the repair, at an average (770) 703–6097. revised to add new paragraph (i)(2) to labor rate of $60 per work hour. Based SUPPLEMENTARY INFORMATION: A specify that AMOC’s approved on these figures, the cost impact of any proposal to amend part 39 of the Federal previously in accordance with AD 95– necessary repair of the bulkhead cap is Aviation Regulations (14 CFR part 39) 12–24 are approved as AMOC’s for this estimated to be $12,000 per airplane. by superseding AD 95–12–24, 39–9277 AD. The cost impact figures discussed (60 FR 31624, June 16, 1995), applicable above are based on assumptions that no Conclusion to all Lockheed Model L–1011–385 operator has yet accomplished any of series airplanes, was published in the After careful review of the available the current or proposed requirements of Federal Register on September 11, 1998 data, including the comments noted this AD action, and that no operator (63 FR 48655). The action proposed to above, the FAA has determined that air would accomplish those actions in the continue to require a one-time visual safety and the public interest require the future if this AD were not adopted. inspection to detect cracking of the adoption of the rule with the change Should an operator elect to bulkhead at fuselage station (FS) 1363 at previously described. The FAA has accomplish the optional modification of butt line 42.5, and repair or additional determined that this change will neither the bulkhead web that will be provided inspections, if necessary. The action increase the economic burden on any by this AD action, it would take also proposed to add repetitive visual operator nor increase the scope of the approximately 48 work hours to and eddy current surface scan AD. accomplish, at an average labor rate of
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$60 per work hour. Based on these 31624, June 16, 1995), and by adding a bulkhead cap found during these inspections, figures, the cost impact of the optional new airworthiness directive (AD), in accordance with Lockheed Document modification of the bulkhead web will amendment 39–11128, to read as LCC–7622–374, dated May 9, 1995. (1) Perform a bolt hole eddy current be $2,880 per airplane. follows: inspection to detect cracking of the eight Should an operator elect to 99–08–20 Lockheed: Amendment 39– fastener holes at the intersection of the accomplish the optional modification of 11128. Docket 97-NM–315-AD. vertical stiffener at BL 42.5 and the bulkhead the bulkhead cap that will be provided Supersedes AD 95–12–24, Amendment cap vertical flange; and by this AD action, it would take 39–9277. (2) Perform a bolt hole eddy current approximately 200 work hours to Applicability: All Model L–1011–385 inspection to detect cracking at eight fastener accomplish, at an average labor rate of series airplanes, certificated in any category. locations in the bulkhead cap lower flange $60 per work hour. Based on these that connect the lower fuselage skin panel to Note 1: This AD applies to each airplane the frame at the BL 42.5 vertical stiffener; and figures, the cost impact of the optional identified in the preceding applicability (3) Perform a visual inspection to detect modification of the bulkhead cap would provision, regardless of whether it has been stress corrosion cracking of the accessible be $12,000 per airplane. modified, altered, or repaired in the area portions of the fillet radius of the bulkhead subject to the requirements of this AD. For cap. Regulatory Impact airplanes that have been modified, altered, or (c) Except as provided by paragraph (d) of repaired so that the performance of the The regulations adopted herein will this AD, if any cracking of the bulkhead is requirements of this AD is affected, the detected at or above WL 117 during any not have substantial direct effects on the owner/operator must request approval for an States, on the relationship between the inspection performed in accordance with alternative method of compliance in paragraph (a) of this AD: Prior to further national government and the States, or accordance with paragraph (i)(1) of this AD. flight, repair the bulkhead cracking in on the distribution of power and The request should include an assessment of accordance with the procedures specified in responsibilities among the various the effect of the modification, alteration, or Part II of the Accomplishment Instructions of levels of government. Therefore, in repair on the unsafe condition addressed by Lockheed L–1011 Service Bulletin 093–53– accordance with Executive Order 12612, this AD; and, if the unsafe condition has not 268, dated April 15, 1993; or in accordance it is determined that this final rule does been eliminated, the request should include with the procedures specified in Part III of specific proposed actions to address it. not have sufficient federalism the Accomplishment Instructions of implications to warrant the preparation Compliance: Required as indicated, unless Lockheed L–1011 Service Bulletin 093–53– accomplished previously. 268, Revision 1, dated July 2, 1996. of a Federalism Assessment. To detect and correct cracking of the (d) Continued flight with cracking of the For the reasons discussed above, I bulkhead web and cap, which could result in bulkhead is permitted, provided that the certify that this action (1) is not a reduced structural integrity of the fuselage, conditions specified in paragraph 1.C. of the ‘‘significant regulatory action’’ under accomplish the following: Planning Information of Lockheed L–1011 Executive Order 12866; (2) is not a Service Bulletin 093–53–268, dated April 15, Restatement of the Requirements of AD 95– 1993; or Revision 1, dated July 2, 1996; are ‘‘significant rule’’ under DOT 12–24, Amendment 39–9277 Regulatory Policies and Procedures (44 met. For flight with cracking, both the visual FR 11034, February 26, 1979); and (3) (a) Prior to the accumulation of 18,000 total and eddy current inspections specified in landings, or within 30 days after July 3, 1995 paragraphs 2.B. and 2.C. of Part I of the will not have a significant economic (the effective date of AD 95–12–24, Accomplishment Instructions of Lockheed L– impact, positive or negative, on a amendment 39–9277), whichever occurs 1011 Service Bulletin 093–53–268, dated substantial number of small entities later, perform a visual inspection to detect April 15, 1993; or specified in paragraphs under the criteria of the Regulatory cracking of the bulkhead at fuselage station 2.B. and 2.C. of Part II of the Flexibility Act. A final evaluation has (FS) 1363 in the area of the stiffeners at left Accomplishment Instructions of Lockheed L– been prepared for this action and it is and right butt line (BL) 42.5; in accordance 1011 Service Bulletin 093–53–268, Revision contained in the Rules Docket. A copy with the procedures specified in paragraphs 1, dated July 2, 1996; must be accomplished of it may be obtained from the Rules 2.A. and 2.B. of Part I of the Accomplishment prior to returning the aircraft to service. These visual and eddy current inspections Docket at the location provided under Instructions of Lockheed L–1011 Service Bulletin 093–53–268, dated April 15, 1993; must be repeated within 900 landings. Prior ADDRESSES the caption . or in accordance with the procedures to the accumulation of 1,800 total landings, List of Subjects in 14 CFR Part 39 specified in paragraphs 2.A. and 2.B. of Part these inspections must be terminated by the II of the Accomplishment Instructions of installation of the repair specified in Part II Air transportation, Aircraft, Aviation Lockheed L–1011 Service Bulletin 093–53– of the Accomplishment Instructions of safety, Incorporation by reference, 268, Revision 1, dated July 2, 1996. Lockheed L–1011 Service Bulletin 093–53– 268, dated April 15, 1993; or by installation Safety. Note 2: This AD does not require that the of the repair specified in Part III of the eddy current inspection referenced in Adoption of the Amendment Accomplishment Instructions of Lockheed L– paragraph 2.B. of Part I of the 1011 Service Bulletin 093–53–268, Revision Accordingly, pursuant to the Accomplishment Instructions of Lockheed L– 1, dated July 2, 1996. authority delegated to me by the 1011 Service Bulletin 093–53–268, dated Administrator, the Federal Aviation April 15, 1993; and referenced in paragraph New Requirements of This AD Administration amends part 39 of the 2.B. of Part II of the Accomplishment (e) Prior to the accumulation of 18,000 total Federal Aviation Regulations (14 CFR Instructions of Lockheed L–1011 Service landings, or within 6 months after the Bulletin 093–53–268, Revision 1, dated July part 39) as follows: effective date of the AD, whichever occurs 2, 1996; be accomplished as a requirement of later, perform a visual and eddy current PART 39ÐAIRWORTHINESS paragraph (a) of this AD. surface scan inspection for cracking of the DIRECTIVES (b) Except as provided by paragraph (d) of bulkhead web at FS 1363, in accordance with this AD, if any cracking of the bulkhead is Lockheed L–1011 Service Bulletin 093–53– 1. The authority citation for part 39 detected below waterline (WL) 117 during 268, Revision 1, dated July 2, 1996. continues to read as follows: any inspection performed in accordance with (1) If no cracking of the bulkhead web is paragraph (a) of this AD: Prior to further detected, except as provided by paragraph (f) Authority: 49 U.S.C. 106(g), 40113, 44701. flight, perform the inspections required by of this AD, repeat the visual and eddy current paragraphs (b)(1), (b)(2), and (b)(3) of this AD, surface scan inspections thereafter at § 39.13 [Amended] in accordance with Lockheed Document intervals not to exceed 2,000 landings. 2. Section 39.13 is amended by LCC–7622–373, dated May 9, 1995. Prior to (2) If cracking of the bulkhead web is removing amendment 39–9277 (60 FR further flight, repair any cracking of the detected, and that cracking is within the
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.041 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18327 limits specified in Part I of the (i)(1) An alternative method of compliance Issued in Renton, Washington, on April 6, Accomplishment Instructions of the service or adjustment of the compliance time that 1999. bulletin: Accomplish the requirements of provides an acceptable level of safety may be John J. Hickey, either paragraph (e)(2)(i) or (e)(2)(ii) of this used if approved by the Manager, Atlanta Acting Manager, Transport Airplane AD, in accordance with the service bulletin. Aircraft Certification Office (ACO), FAA, Directorate, Aircraft Certification Service. Except as provided by paragraph (f) of this Small Airplane Directorate. Operators shall AD, repeat the inspections thereafter at [FR Doc. 99–9130 Filed 4–13–99; 8:45 am] intervals not to exceed 2,000 landings after submit their requests through an appropriate BILLING CODE 4910±13±U repair of the cracking. FAA Principal Maintenance Inspector, who (i) Prior to further flight, repair the may add comments and then send it to the cracking. Or Manager, Atlanta ACO. (ii) Repeat the inspections specified in Part DEPARTMENT OF HEALTH AND Note 3: Information concerning the HUMAN SERVICES I of the Accomplishment Instructions of the existence of approved alternative methods of service bulletin at intervals not to exceed 900 compliance with this AD, if any, may be landings, and repair the cracking within Food and Drug Administration obtained from the Atlanta ACO. 1,800 landings after the cracking was detected. (i)(2) Alternative methods of compliance 21 CFR Parts 874 and 882 (3) If cracking of the bulkhead web is approved previously in accordance with AD [Docket No. 98N±0405] detected, and that cracking is outside the 95–12–24, amendment 39–9277, are limits specified in Part I of the approved as alternative methods of Medical Devices; Retention in Class III Accomplishment Instructions of the service compliance for this AD. bulletin: Prior to further flight, repair in and Effective Date of Requirement for (j) Special flight permits may be issued in Premarket Approval for Three accordance with Part III of the accordance with §§ 21.197 and 21.199 of the Accomplishment Instructions of the service Preamendment Class III Devices Federal Aviation Regulations (14 CFR 21.197 bulletin. Except as provided by paragraph (f) and 21.199) to operate the airplane to a of this AD, repeat the inspections thereafter AGENCY: Food and Drug Administration, at intervals not to exceed 2,000 landings. location where the requirements of this AD HHS. can be accomplished. (f) For airplanes on which modification of ACTION: Final rule. the bulkhead web is accomplished in Incorporation by Reference accordance with Part IV of the SUMMARY: The Food and Drug Accomplishment Instructions of Lockheed L– (k) The actions shall be done in accordance Administration (FDA) is issuing a final 1011 Service Bulletin 093–53–268, Revision with Lockheed L–1011 Service Bulletin 093– rule to retain in class III, three 53–268, Revision 1, dated July 2, 1996; 1, dated July 2, 1996: Repeat the inspections preamendment medical devices and to specified in paragraph (e) of this AD within Lockheed L–1011 Service Bulletin 093–53– require the filing of a premarket 18,000 landings after accomplishment of the 268, dated April 15, 1993; Lockheed modification, in accordance with the service Document LCC–7622–373, dated May 9, approval application (PMA) or a notice bulletin. 1995; Lockheed Document LCC–7622–374, of completion of product development (g) Prior to the accumulation of 18,000 total dated May 9, 1995; and Lockheed L–1011 protocol (PDP) for the suction antichoke landings, or within 6 months after the Service Bulletin 093–53–272, dated device, the tongs antichoke device, and effective date of this AD, whichever occurs November 12, 1996; as applicable. the implanted neuromuscular later, perform visual, bolt hole eddy current, (1) The incorporation by reference of stimulator. The agency has summarized eddy current surface scan, and X-ray Lockheed L–1011 Service Bulletin 093–53– its findings regarding the degree of risk inspections for cracking of the bulkhead cap of illness or injury designed to be at FS 1363, in accordance with Lockheed L– 268, Revision 1, dated July 2, 1996, and 1011 Service Bulletin 093–53–272, dated Lockheed L–1011 Service Bulletin 093–53– eliminated or reduced by requiring the November 12, 1996. 272, dated November 12, 1996, is approved devices to meet the statute’s approval (1) If no cracking of the bulkhead cap is by the Director of the Federal Register in requirements and the benefits to the detected, except as provided by paragraph (h) accordance with 5 U.S.C. 552(a) and 1 CFR public from the use of the devices. This of this AD, repeat the inspections thereafter part 51. action is being taken under the Federal at intervals not to exceed 2,000 landings, in (2) The incorporation by reference of Food, Drug, and Cosmetic Act (the act) accordance with the service bulletin. Lockheed L–1011 Service Bulletin 093–53– as amended by the Medical Device (2) If any cracking of the bulkhead cap is 268, dated April 15, 1993; Lockheed Amendments of 1976 (the amendments), detected, accomplish the requirements of Document LCC–7622–373, dated May 9, the Safe Medical Devices Act of 1990 either paragraph (g)(2)(i) or (g)(2)(ii) of this 1995; and Lockheed Document LCC–7622– AD, in accordance with the service bulletin. (the SMDA), and the Food and Drug 374, dated May 9, 1995, was approved (i) Prior to further flight, repair in Administration Modernization Act of accordance with Part I of the previously by the Director of the Federal 1997 (FDAMA). Register as of July 3, 1995 (60 FR 31624, June Accomplishment Instructions of the service EFFECTIVE DATE: April 14, 1999. 16, 1995). bulletin. Thereafter, repeat the inspections at FOR FURTHER INFORMATION CONTACT: intervals not to exceed 2,000 landings. Or (3) Copies may be obtained from Lockheed Janet L. Scudiero, Center for Devices Martin Aircraft & Logistics Center, 120 Orion (ii) Prior to further flight, replace the and Radiological Health (HFZ–410), bulkhead cap, in accordance with Part II of Street, Greenville, South Carolina 29605. Food and Drug Administration, 9200 the Accomplishment Instructions of the This information may be examined at the Corporate Blvd., Rockville, MD 20850, service bulletin. Following such replacement, Federal Aviation Administration (FAA), repeat the inspection within 18,000 landings, Transport Airplane Directorate, Rules Docket, 301–594–1184. in accordance with the service bulletin. 1601 Lind Avenue, SW., Renton, SUPPLEMENTARY INFORMATION: (h) For airplanes on which replacement of Washington; or at the FAA, Small Airplane the bulkhead cap is accomplished in I. Background Directorate, Atlanta Aircraft Certification accordance with Part II of the Office, One Crown Center, 1895 Phoenix The SMDA (Pub. L. 101–629) added Accomplishment Instructions of Lockheed L– new section 515(i) (21 U.S.C. 360e(i)) to 1011 Service Bulletin 093–53–272, dated Boulevard, suite 450, Atlanta, Georgia; or at November 12, 1996: Repeat the inspections the Office of the Federal Register, 800 North the act. This section requires FDA to specified in paragraph (g) of this AD within Capitol Street, NW., suite 700, Washington, review the classification of 18,000 landings after accomplishment of the DC. preamendments class III devices for replacement, in accordance with the service (l) This amendment becomes effective on which no final rule has been issued bulletin. May 19, 1999. requiring the submission of PMA’s and
VerDate 23-MAR-99 15:23 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.XXX pfrm04 PsN: 14APR1 18328 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations to determine whether each device eliminated or reduced by requiring that requirements in § 812.2(c)(1) and (c)(2) should be reclassified into class I or these devices have an approved PMA or will no longer apply to clinical class II or remain in class III. For a declared completed PDP; and (2) the investigations of these class III devices remaining in class III, SMDA benefits to the public from the use of the preamendment devices. Further, FDA directed FDA to develop a schedule for device. concludes that investigational class III issuing regulations to require premarket These findings are based on the preamendment devices are significant approval. reports and recommendations of the risk devices as defined in § 812.3(m) In the Federal Register of May 6, 1994 advisory committees (the panels) for and advises that, as of the effective date (59 FR 23731), FDA issued a notice of these devices, the Ear Nose and Throat of §§ 874.5350(c), 874.5370(c), and availability of a preamendments class III Devices Panel and the Neurological 882.5860(c), the requirements of the IDE devices strategy document. The strategy Devices Panel, for the classification of regulations regarding significant risk document set forth FDA’s plans for the devices along with any additional devices will apply to any clinical implementing the provisions of section information FDA discovered. Additional investigation of these class III 515(i) of the act for preamendments information can be found in the preamendment devices. For any of these class III devices for which FDA had not proposed and final rules classifying class III preamendment devices that is yet required premarket approval. FDA these devices in the Federal Register of not subject to a timely filed PMA or divided this universe of devices into January 22, 1982 (47 FR 3280) and PDP, an IDE must be in effect under three groups as referenced in the May 6, November 6, 1986 (51 FR 40378) for the § 812.20 on or before 90 days after the 1994, notice. ear, nose and throat devices; and of effective date of this regulation or In the Federal Register of July 30, November 28, 1978 (43 FR 55640) and distribution of the device must cease. 1998 (63 FR 40673), FDA published a September 4, 1979 (44 FR 51726) for the FDA advises all persons presently proposed rule (hereinafter referred to as neurological device, respectively. sponsoring a clinical investigation the July 1998 proposed rule), to retain III. Final Rule involving any of these class III in class III, the suction antichoke device preamendment devices to submit an IDE (§ 874.5350 (21 CFR 874.5350)), the Under section 515(b)(3) of the act, application to FDA no later than 60 days tongs antichoke device (§ 874.5370 (21 FDA is adopting the findings as after the effective date of this final rule CFR 874.5370)), and the implanted published in the preamble to the July to avoid the interruption of ongoing neuromuscular stimulator device 30, 1998, proposed rule and issuing this investigations. (§ 882.5860 (21 CFR 882.5860)), and to final rule to require premarket approval require the filing of a PMA or PDP for of the generic type of devices by IV. Environmental Impact these three preamendment class III revising §§ 874.5350(c), 874.5370(c), The agency has determined under 21 devices. In accordance with section and 882.5860(c). CFR 25.30(h) that this action is of a type 515(b)(2)(A) of the act, FDA included in Under the final rule, a PMA or a that does not individually or the preamble to the July 1998 proposed notice of completion of a PDP is cumulatively have a significant effect on rule the agency’s findings with respect required to be filed on or before July 13, the human environment. Therefore, to the degree of risk of illness or injury 1999, for any of these class III neither an environmental assessment designed to be eliminated or reduced by preamendment devices that were in nor an environmental impact statement requiring these devices to have an commercial distribution before May 28, is required. approved PMA or a declared PDP and 1976, or that have been found by FDA V. Analysis of Impacts the benefit to the public from use of the to be substantially equivalent to such a device. device on or before July 13, 1999. An FDA has examined the impacts of the The preamble to the July 1998 approved PMA or a declared completed final rule under Executive Order 12866 proposed rule also provided an PDP is required to be in effect for any and the Regulatory Flexibility Act (5 opportunity for interested persons to such devices on or before 180 days after U.S.C. 601–612), as amended by subtitle submit comments on the proposed rule FDA files the application. Any other D of the Small Business Regulatory and the agency’s findings, and under class III preamendment device subject to Fairness Act of 1996 (Pub. L. 104–121) section 515(b)(2)(B) of the act, FDA this rule that was not in commercial and the Unfunded Mandates Reform Act provided an opportunity for interested distribution before May 28, 1976, is of 1995 (Pub. L. 104–4). Executive Order persons to request a change in the required to have an approved PMA or a 12866 directs agencies to assess all costs classification of the device based on declared completed PDP in effect before and benefits of available regulatory new information relevant to its it may be marketed. alternatives and, when regulation is classification. Any petition requesting a If a PMA or a notice of completion of necessary, to select regulatory change in the classification of the a PDP for any of these class III approaches that maximize net benefits devices was required to be submitted by preamendment devices is not filed on or (including potential economic, August 13, 1998. The comment period before the 90th day past the effective environmental, public health and safety, closed October 28, 1998. The agency did date of this regulation, that device will and other advantages; distributive not receive any comments or petitions be deemed adulterated under section impacts; and equity). The agency requesting a change in the classification 501(f)(1)(A) of the act (21 U.S.C. believes that this final rule is consistent of these devices. 351(f)(1)(A)), and commercial with the regulatory philosophy and distribution of the device will be principles identified in the Executive II. Findings With Respect to Risks and required to cease immediately. The Order. In addition, the final rule is not Benefits device may, however, be distributed for a significant regulatory action as defined Under section 515(b)(3) of the act, investigational use, if the requirements by the Executive Order and so is not FDA is adopting the findings as of the investigational device exemption subject to review under the Executive published in the July 1998 proposed (IDE) regulations (part 812 (21 CFR part Order. rule. As required by section by section 812)) are met. If a rule has a significant economic 515(b)(2)(A) of the act, FDA published Under § 812.2(d) of the IDE impact on a substantial number of small its findings regarding: (1) The degree of regulations, FDA hereby stipulates that entities, the Regulatory Flexibility Act risk of illness or injury designed to be the exemptions from the IDE requires agencies to analyze regulatory
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.028 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18329 options that would minimize any before May 28, 1976, or that has, on or approval application (PMA) or a notice significant impact of a rule on small before July 13, 1999, been found to be of completion of product development entities. Because FDA believes that substantially equivalent to a tongs protocol (PDP) for the following three there is little or no interest in marketing antichoke device that was in high priority Group 3 preamendments these devices, the agency certifies that commercial distribution before May 28, class III medical devices: The the final rule, will not have a significant 1976. Any other tongs antichoke device microwave diathermy device for uses impact on a substantial number of small shall have an approved PMA or other than treatment of select medical entities. Therefore, under the Regulatory declared completed PDP in effect before conditions, such as relief of pain, Flexibility Act, no further analysis is being placed in commercial muscle spasms, and joint contractures; required. distribution. the ultrasonic diathermy device for uses other than treatment of select medical VI. Paperwork Reduction Act of 1995 PART 882ÐNEUROLOGICAL DEVICES conditions, such as relief of pain, FDA concludes that this final rule muscle spasms, and joint contractures; 4. The authority citation for 21 CFR does not contain information collection and the ultrasound and muscle part 882 continues to read as follows: provisions. Therefore, clearance by the stimulator device for uses other than Office of Management and Budget under Authority: 21 U.S.C. 351, 360, 360c, 360e, treatment of select medical conditions, the Paperwork Reduction Act of 1995 is 360j, 371. such as relief of pain, muscle spasms, not required. 5. Section 882.5860 is amended by and joint contractures. The uses of these revising paragraph (c) to read as follows: three devices do not include use for the List of Subjects in 21 CFR Parts 874 and treatment of malignancies. The agency 882 § 882.5860 Implanted neuromuscular stimulator. has summarized its findings regarding Medical devices. the degree of risk of illness or injury * * * * * Therefore, under the Federal Food, designed to be eliminated or reduced by (c) Date PMA or notice of completion Drug, and Cosmetic Act and under requiring the devices to meet the of PDP is required. A PMA or notice of authority delegated to the Commissioner statute’s approval requirements and the of Food and Drugs, 21 CFR parts 874 completion of a PDP for a device benefits to the public from the use of the and 882 are amended as follows: described in paragraph (b) of this devices. This action is being taken section is required to be filed with the under the Federal Food, Drug, and PART 874ÐEAR, NOSE, AND THROAT Food and Drug Administration on or Cosmetic Act (the act) as amended by DEVICES before July 13, 1999 for any implanted the Medical Device Amendments of neuromuscular stimulator that was in 1976 (the amendments), the Safe 1. The authority citation for 21 CFR commercial distribution before May 28, Medical Devices Act of 1990 (the part 874 continues to read as follows: 1976, or that has, on or before July 13, SMDA), and the Food and Drug Authority: 21 U.S.C. 351, 360, 360c, 360e, 1999, been found to be substantially Administration Modernization Act of 360j, 371. equivalent to an implanted 1997 (FDAMA). 2. Section 874.5350 is amended by neuromuscular stimulator that was in EFFECTIVE DATE: April 14, 1999. revising paragraph (c) to read as follows: commercial distribution before May 28, FOR FURTHER INFORMATION CONTACT: 1976. Any other implanted § 874.5350 Suction antichoke device. Janet L. Scudiero, Center for Devices neuromuscular stimulator shall have an and Radiological Health (HFZ–410), * * * * * approved PMA or declared completed Food and Drug Administration, 9200 (c) Date PMA or notice of completion PDP in effect before being placed in Corporate Blvd., Rockville, MD 20850, of PDP is required. A PMA or a notice commercial distribution. 301–594–1184. of completion of a PDP for a device is Dated: April 7, 1999. SUPPLEMENTARY INFORMATION: required to be filed with the Food and Drug Administration on or before July William K. Hubbard, I. Background Acting Deputy Commissioner for Policy. 13, 1999 for any suction antichoke The Safe Medical Devices Act of 1990 device that was in commercial [FR Doc. 99–9221 Filed 4–13–99; 8:45 am] added new section 515(i) to the act (21 distribution before May 28, 1976, or that BILLING CODE 4160±01±F U.S.C. 360e(i)). This section requires has, on or before July 13, 1999, been FDA to review the classification of found to be substantially equivalent to preamendments class III devices for DEPARTMENT OF HEALTH AND a suction antichoke device that was in which no final rule has been issued HUMAN SERVICES commercial distribution before May 28, requiring the submission of PMA’s and 1976. Any other suction antichoke Food and Drug Administration to determine whether each device device shall have an approved PMA or should be reclassified into class I or declared completed PDP in effect before 21 CFR Part 890 class II or remain in class III. For being placed in commercial devices remaining in class III, SMDA distribution. [Docket No. 98N±0467] directed FDA to develop a schedule for 3. Section 874.5370 is amended by issuing regulations to require premarket revising paragraph (c) to read as follows: Medical Devices; Effective Date of Requirement for Premarket Approval approval. In the Federal Register of May 6, 1994 § 874.5370 Tongs antichoke device. for Three Class III Preamendments Physical Medicine Devices (59 FR 23731), FDA issued a notice of * * * * * availability of a preamendments class III (c) Date PMA or notice of completion AGENCY: Food and Drug Administration, devices strategy document. The strategy of PDP is required. A PMA or a notice HHS. document set forth FDA’s plans for of completion of a PDP for a device is ACTION: Final rule. implementing the provisions of section required to be filed with the Food and 515(i) of the act for preamendments Drug Administration on or before July SUMMARY: The Food and Drug class III devices for which FDA had not 13, 1999 for any tongs antichoke device Administration (FDA) is issuing a final yet required premarket approval. FDA that was in commercial distribution rule to require the filing of a premarket divided this universe of devices into
VerDate 23-MAR-99 15:23 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.XXX pfrm04 PsN: 14APR1 18330 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations three groups as referenced in the May 6, III. Final Rule investigation involving any of these 1994, notice. Under section 515(b)(3) of the act, class III preamendment devices to In the Federal Register of July 30, FDA is adopting the findings as submit an IDE application to FDA no 1998 (63 FR 40677), FDA published a published in the preamble to the later than 60 days after the effective date proposed rule (hereinafter referred to as proposed rule and issuing this final rule of this final rule to avoid the the July 1998 proposed rule) to require to require premarket approval of the interruption of ongoing investigations. the filing of a PMA or a notice of generic type of devices for class III completion of a PDP for the microwave IV. Environmental Impact preamendment devices by revising diathermy device (§ 890.5275(b) (21 CFR §§ 890.5275(c), 890.5300(c), and The agency has determined under 21 890.5275(b))), ultrasonic diathermy 890.5860(c). CFR 25.30(h) that this action is of a type device (§ 890.5300(b) (21 CFR Under the final rule, a PMA or a that does not individually or 890.5300(b))), and ultrasound and notice of completion of a PDP is cumulatively have a significant effect on muscle stimulator (§ 890.5860(b) (21 required to be filed on or before July 13, the human environment. Therefore, CFR 890.5860(b))), three high priority 1999, for any of these class III neither an environmental assessment group 3 physical medicine devices. In preamendment devices that were in nor an environmental impact statement accordance with section 515(b)(2)(A) of commercial distribution before May 28, is required. the act, FDA included in the preamble 1976, or that have been found by FDA to the proposal the agency’s proposed V. Analysis of Impacts to be substantially equivalent to such a findings with respect to the degree of device on or before July 13, 1999. An FDA has examined the impacts of the risk of illness or injury designed to be final rule under Executive Order 12866 eliminated or reduced by requiring the approved PMA or a declared completed PDP is required to be in effect for any and the Regulatory Flexibility Act (Pub. device to meet the premarket approval L. 96–354), as amended by subtitle D of requirements of the act, and the benefits such devices on or before 180 days after FDA files the application. Any other the Small Business Regulatory Fairness to the public from use of the device. Act of 1996 (Pub. L. 104–121) and the The preamble to the July 1998 class III preamendment device subject to this rule that was not in commercial Unfunded Mandates Reform Act of 1995 proposed rule also provided an (Pub. L. 104–4). Executive Order 12866 opportunity for interested persons to distribution before May 28, 1976, is required to have an approved PMA or a directs agencies to assess all costs and submit comments on the proposed rule benefits of available regulatory and the agency’s findings, and under declared completed PDP in effect before alternatives and, when regulation is section 515(b)(2)(B) of the act, FDA it may be marketed. necessary, to select regulatory provided an opportunity for interested If a PMA or a notice of completion of approaches that maximize net benefits persons to request a change in the a PDP for any of these class III (including potential economic, classification of the device based on preamendment devices is not filed on or environmental, public health and safety, new information relevant to its before the 90th day past the effective and other advantages; distributive classification. Any petition requesting a date of this regulation, that device will impacts; and equity). The agency change in the classification of the be deemed adulterated under section believes that this final rule is consistent devices was required to be submitted by 501(f)(1)(A) of the act (21 U.S.C. with the regulatory philosophy and August 13, 1998. The comment period 351(f)(1)(A)), and commercial closed October 28, 1998. The agency did distribution of the device will be principles identified in the Executive not receive any comments or petitions required to cease immediately. The Order. In addition, the final rule is not requesting a change in the classification device may, however, be distributed for a significant regulatory action as defined of these devices. investigational use, if the requirements by the Executive Order and so is not of the investigational device exemption subject to review under the Executive II. Findings with Respect to Risks and (IDE) regulations (part 812 (21 CFR part Order. Benefits 812)) are met. If a rule has a significant economic Under section 515(b)(3) of the act, Under § 812.2(d) of the IDE impact on a substantial number of small FDA is adopting the findings as regulations, FDA hereby stipulates that entities, the Regulatory Flexibility Act published in the July 1998 proposed the exemptions from the IDE requires agencies to analyze regulatory rule. As required by section 515(b) of requirements in § 812.2(c)(1) and (c)(2) options that would minimize any the act, FDA published its findings will no longer apply to clinical significant impact of a rule on small regarding: (1) The degree of risk of investigations of these class III entities. Because FDA believes that illness or injury designed to be preamendment devices. Further, FDA there is little or no interest in marketing eliminated or reduced by requiring that concludes that investigational class III these devices, the agency certifies that these devices have an approved PMA or preamendment devices are significant the final rule will not have a significant a declared completed PDP, and (2) the risk devices as defined in § 812.3(m) economic impact on a substantial benefits to the public from the use of the and advises that as of the effective date number of small entities. Therefore, device. of §§ 890.5275(c), 890.5300(c), and under the Regulatory Flexibility Act, no These findings are based on the 890.5860(c), the requirements of the IDE further analysis is required. reports and recommendations of the regulations regarding significant risk VI. Paperwork Reduction Act of 1995 Orthopedic and Rehabilitation Devices devices will apply to any clinical Panel, an FDA advisory committee, for investigation of these preamendment FDA concludes that this final rule the classification of the devices along devices. For any of these class III does not contain collection of with any additional information FDA preamendment devices that is not information provisions. Therefore, discovered. Additional information can subject to a timely filed PMA or PDP, an clearance by the Office of Management be found in the proposed and final rules IDE must be in effect under § 812.20 on and Budget under the Paperwork classifying the devices in the Federal or before 90 days after the effective date Reduction Act of 1995 is not required. Register on August 28, 1979 (44 FR of this regulation or distribution of the List of Subjects in 21 CFR Part 890 50458) and November 23, 1983 (49 FR device must cease. FDA advises all 53032), respectively. persons presently sponsoring a clinical Medical devices.
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Therefore, under the Federal Food, § 890.5860 Ultrasound and muscle I. Background stimulator. Drug, and Cosmetic Act and under The Mammography Quality Standards authority delegated to the Commissioner * * * * * Act (MQSA) (Pub. L. 102–539) was of Food and Drugs, 21 CFR part 890 is (c) Date PMA or notice of completion signed on October 27, 1992, to establish amended as follows: of PDP is required. A PMA or notice of national quality standards for completion of a PDP for a device mammography. The MQSA required PART 890ÐPHYSICAL MEDICINE described in paragraph (b) of this DEVICES that to provide mammography services section is required to be filed with the legally after October 1, 1994, all Food and Drug Administration on or facilities, except facilities of the 1. The authority citation for 21 CFR before July 13, 1999 for any ultrasound part 890 continues to read as follows: Department of Veterans Affairs, had to and muscle stimulator described in be accredited by an approved Authority: 21 U.S.C. 351, 360, 360c, 360e, paragraph (b) of this section that was in accreditation body and certified by the 360j, 371. commercial distribution before May 28, Secretary of Health and Human Services 1976, or that has, on or before July 13, (the Secretary). The authority to approve 2. Section 890.5275 is amended by 1999, been found to be substantially revising paragraph (c) to read as follows: accreditation bodies and to certify equivalent to an ultrasound and muscle facilities was delegated by the Secretary § 890.5275 Microwave diathermy. stimulator described in paragraph (b) of to FDA. * * * * * this section that was in commercial A specific requirement of MQSA was distribution before May 28, 1976. Any (c) Date PMA or notice of completion that quality standards be established for other ultrasound and muscle stimulator mammographic equipment and of PDP is required. A PMA or a notice described in paragraph (b) of this of completion of a PDP for a device practices, including quality assurance section shall have an approved PMA or and quality control programs. described in paragraph (b) of this declared completed PDP in effect before section is required to be filed with the Mammography facilities had to meet being placed in commercial these standards to become accredited Food and Drug Administration on or distribution. before July 13, 1999, for any microwave and certified. The standards were diathermy described in paragraph (b) of Dated: April 7, 1999. intended to replace the patchwork of this section that was in commercial William K. Hubbard, Federal, State, and private standards distribution before May 28, 1976, or that Acting Deputy Commissioner for Policy. existing in 1992 to ensure that all has, on or before July 13, 1999, been [FR Doc. 99–9220 Filed 4–13–99; 8:45 am] women nationwide receive uniformly found to be substantially equivalent to BILLING CODE 4160±01±F high quality mammography services. a microwave diathermy described in Since October 1, 1994, these standards paragraph (b) of this section that was in have been provided by interim rules commercial distribution before May 28, DEPARTMENT OF HEALTH AND published in the Federal Register of 1976. Any other microwave diathermy HUMAN SERVICES December 21, 1993 (58 FR 67558 and 58 described in paragraph (b) of this FR 67565), and amended in the Federal section shall have an approved PMA or Food and Drug Administration Register of September 30, 1994 (59 FR 49808). declared completed PDP in effect before 21 CFR Part 900 being placed in commercial In the Federal Register of April 3, distribution. [Docket No. 98N±0728] 1996 (61 FR 14856, 61 FR 14870, 61 FR 14884, 61 FR 14898, and 61 FR 14908), 3. Section 890.5300 is amended by Quality Mammography Standards FDA proposed regulations to replace the revising paragraph (c) to read as follows: interim regulations. Developed with AGENCY: Food and Drug Administration, strong congressional encouragement, § 890.5300 Ultrasonic diathermy. HHS. * * * * * these proposed regulations reflected ACTION: Final rule. FDA’s belief that more comprehensive (c) Date PMA or notice of completion quality standards would further SUMMARY: The Food and Drug of PDP is required. A PMA or notice of optimize facility performance. After Administration (FDA) is amending its completion of a PDP for a device analysis of the extensive public regulations governing mammography. described in paragraph (b) of this comments received on the proposed The purpose of these amendments is to section is required to be filed with the regulations, revisions were made and a eliminate a conflict between the Food and Drug Administration on or final rule was published in the Federal mammography regulations, which must before July 13, 1999, for any ultrasonic Register of October 28, 1997 (62 FR be followed by all facilities performing diathermy described in paragraph (b) of 55852). The effective date for most of mammography, and FDA’s electronic this section that was in commercial the final rule is April 28, 1999. A few product radiation control (EPRC) distribution before May 28, 1976, or that equipment and equipment quality performance standards, which establish has, on or before July 13, 1999, been assurance requirements do not become radiation safety performance found to be substantially equivalent to effective until October 28, 2002. requirements for x-ray units, including an ultrasonic diathermy described in FDA has subsequently discovered that mammographic systems. paragraph (b) of this section that was in some mammographic x-ray systems will commercial distribution before May 28, DATES: This regulation is effective on have difficulty meeting certain of the 1976. Any other ultrasonic diathermy April 28, 1999. new requirements because of design described in paragraph (b) of this FOR FURTHER INFORMATION CONTACT: features that were used by the section shall have an approved PMA or Roger L. Burkhart, Center for Devices manufacturers in order to ensure that declared completed PDP in effect before and Radiological Health (HFZ–240), their units met the agency’s EPRC being placed in commercial Food and Drug Administration, 1350 performance standards for diagnostic x- distribution. Piccard Dr., Rockville, MD 20850, 301– ray systems. To resolve this conflict, 4. Section 890.5860 is amended by 594–3332. proposed amendments to the MQSA revising paragraph (c) to read as follows: SUPPLEMENTARY INFORMATION: regulations were published in the
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Federal Register of November 5, 1998 presently capable of ‘‘blackening’’ the V. Analysis of Impacts (63 FR 59750). films to these edges to continue to use FDA has examined the impacts of this II. Need for Amendments those systems without the need of either applying for an alternative requirement rule under Executive Order 12866 and The source of the conflict lies in the or purchasing an expensive retrofit or the Regulatory Flexibility Act (5 U.S.C. requirements for the collimation of the new unit. 601–612) (as amended by subtitle D of x-ray field and the alignment of that the Small Business Regulatory Fairness field with the image receptor found in The second problem is that the limit Act of 1996 (Pub. L. 104–121)), and the § 900.12(b)(5) and (e)(5)(vii) (21 CFR on the extension of the x-ray field Unfunded Mandates Reform Act of 1995 900.12(b)(5) and (e)(5)(vii)) of the MQSA beyond all edges of the image receptor (Pub. L. 104–4). Executive Order 12866 final regulations. Two problems exist to ‘‘within 2 percent of the SID’’, directs agencies to assess all costs and with these provisions as they appeared discussed on page 62 FR 55852 at 55945 benefits of available regulatory in the October 28, 1997, publication. of the preamble of the October 27, 1997, alternatives and, when regulation is First, both of these provisions permit final rule, was erroneously applied in necessary, to select regulatory the x-ray field ‘‘to extend to or beyond the regulations only to the chest wall approaches that maximize net benefits the edges of the image receptor.’’ This side of the image receptor. This (including potential economic, allowance was made in response to the omission raises the possibility of an environmental, public health and safety, expressed desire of some mammography unnecessary radiation hazard to the and other advantages; distributive facilities to have the capacity to patient if the x-ray field extends an impacts; and equity). The agency ‘‘blacken’’ the film to the edges, a excessive amount beyond the nonchest believes that this rule is consistent with capacity that is particularly useful when wall edges of the image receptor. The the regulatory philosophy and automated viewing devices are used. agency proposed to remove this However, the manufacturers of all principles identified in the Executive radiation hazard concern by amending Order. In addition, this rule is not a diagnostic x-ray systems, including § 900.12(e)(5)(vii) to apply the 2 percent mammography systems, must comply significant regulatory action as defined of the SID extension limit to all edges by the Executive Order and so is not with applicable performance standards of the image receptor, in accordance established by FDA. These performance subject to review under the Executive with the intentions expressed in the Order. standards currently require that preamble. mammography systems be The Regulatory Flexibility Act manufactured with collimation to Finally, FDA proposed to simplify the requires agencies to analyze regulatory ensure that the x-ray field does not regulations by dropping all mention of options that would minimize any extend beyond the nonchest wall edges alignment from § 900.12(b)(5), thus significant impact of a rule on small of the image receptor. consolidating all alignment entities. The agency certifies that this It is possible for a mammography requirements at one location in final rule will not have a significant system to meet both of these sets of § 900.12(e)(5)(vii). The portion of negative economic impact on a standards as they were originally § 900.12(b)(5) dealing with the light substantial number of small entities. written. However, FDA has been field remains unchanged. This rule also does not trigger the informed by several manufacturers that III. Comments on the Proposed requirement for a written statement in the past, in order to be sure to meet Amendments under section 202(a) of the Unfunded the EPRC standards, their systems were Mandates Reform Act because it does designed so that the x-ray field does not FDA invited interested persons to not impose a mandate that results in an reach the nonchest wall edges of the comment on the November 5, 1998, expenditure of $100 million or more by image receptor. Such systems would not proposed rule by January 4, 1999. FDA State, local, or tribal governments in the meet the final MQSA regulations as received two comments. One comment aggregate, or by the private sector, in presently written. from a professional organization any one year. Without an amendment to the MQSA supported the amendments, noting that regulations, in order to be in FDA had previously estimated (62 FR they would ‘‘eliminate conflict’’ 55852 at 55968) that the expected compliance, some facilities would have between the two sets of regulations, to choose among three courses of action. average annual benefits from the final ‘‘address user concerns,’’ and take into The first would be to apply for and regulations would range between $181.7 account ‘‘cost concerns’’ of facilities. receive approval of an alternative million and $262.7 million. Average The second comment, from a State requirement for alignment under 21 CFR annual compliance costs were estimated radiation control agency, simply 900.18 of the MQSA regulations that at $38.2 million. The compliance cost expressed support for the amendments. would allow the facility to continue estimate did not include the possible In view of these responses, the agency using its system unchanged. The second added costs related to the alignment has decided to make the amendments would be to purchase a retrofit of their requirement discussed previously, as final. system under a variance to the the difficulty noted by the performance standards that has already IV. Environmental Impact manufacturers was not foreseen during been approved by FDA for one the development of the regulations. manufacturer. The third would be to The agency has determined under 21 These added costs would be minimal if purchase a new system that meets both CFR 25.34(c) that the action of an alternative requirement was applied sets of existing requirements. publication of the MQSA final for and received but would be more FDA proposed solving this first regulations is of a type that does not significant if retrofitting or purchase of problem by amending § 900.12(e)(5)(vii) individually or cumulatively have a a new unit was carried out to meet the so that the x-ray field will be allowed, significant effect on the human requirement. However, FDA’s amending but not required as at present, to extend environment. Therefore, neither an of the regulations will eliminate the to or beyond the nonchest wall sides of environmental assessment nor an requirement leading to the possible the image receptor. This would permit environmental impact statement is extra costs and thus eliminate any facilities whose systems are not required. possible extra cost.
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VI. Paperwork Reduction Act of 1995 ENVIRONMENTAL PROTECTION the docket control number [OPP– AGENCY 300830]. No Confidential Business The agency has determined that this Information (CBI) should be submitted final rule contains no additional 40 CFR Part 180 through e-mail. Electronic copies of collections of information. Therefore, [OPP±300830; FRL±6071±3] objections and hearing requests on this clearance by the Office of Management rule may be filed online at many Federal and Budget under the Paperwork RIN 2070±AB78 Depository Libraries. Reduction Act of 1995 is not required. Pyriproxyfen (2-[1-methyl-2-(4- FOR FURTHER INFORMATION CONTACT: By List of Subjects in 21 CFR Part 900 phenoxyphenoxy)ethoxy]pyridine; mail: Joseph Tavano, Registration Pesticide Tolerance Division (7505C), Office of Pesticide Electronic products, Health facilities, Programs, Environmental Protection Mammography, Medical devices, AGENCY: Environmental Protection Agency, 401 M St., SW., Washington, Radiation protection, Reporting and Agency (EPA). DC 20460. Office location, telephone recordkeeping requirements, X-rays. ACTION: Final rule. number, and e-mail address: Rm. 222, Crystal Mall #2, 1921 Jefferson Davis Therefore, under the Federal Food, SUMMARY: This regulation establishes a Hwy., Arlington, VA, (703) 305–6411, Drug, and Cosmetic Act, and under tolerance for residues of pyriproxyfen in [email protected]. authority delegated to the Commissioner or on pome fruits, walnuts and apple SUPPLEMENTARY INFORMATION: of Food and Drugs, 21 CFR part 900 is In the pomace, wet. Valent U.S.A. Corporation Federal Register of March 27, 1998 (63 amended as follows: requested this tolerance under the FR 14926) (FRL–5579–6), EPA issued a Federal Food, Drug, and Cosmetic Act, PART 900ÐMAMMOGRAPHY notice pursuant to section 408 of the as amended by the Food Quality Federal Food, Drug, and Cosmetic Act Protection Act of 1996. 1. The authority citation for 21 CFR (FFDCA), 21 U.S.C. 346a as amended by part 900 continues to read as follows: DATES: This regulation is effective April the Food Quality Protection Act of 1996 14, 1999. Objections and requests for (FQPA) (Pub. L. 104–170) announcing Authority: 21 U.S.C. 360i, 360nn, 374(e); hearings must be received by EPA on or the filing of a pesticide petition (PP 42 U.S.C. 263b. before June 14, 1999. 7F4882) for tolerance by Valent U.S.A. ADDRESSES: Written objections and 2. Section 900.12 is amended by Corporation, 1333 N. California Blvd., hearing requests, identified by the revising paragraphs (b)(5) and Walnut Creek, CA 94596 This notice docket control number, [OPP–300830], included a summary of the petition (e)(5)(vii)(A) to read as follows: must be submitted to: Hearing Clerk prepared by Valent U.S.A. Corporation, § 900.12 Quality standards. (1900), Environmental Protection the registrant. There were no comments Agency, Rm. M3708, 401 M St., SW., * * * * * received in response to the notice of Washington, DC 20460. Fees filing. (b) * * * accompanying objections and hearing The petition requested that 40 CFR (5) Light fields. For any requests shall be labeled ‘‘Tolerance 180.510 be amended by establishing a mammography system with a light beam Petition Fees’’ and forwarded to: EPA tolerance for residues of the insecticide, that passes through the x-ray beam- Headquarters Accounting Operations pyriproxyfen, in or on pome fruits, limiting device, the light shall provide Branch, OPP (Tolerance Fees), P.O. Box walnuts and apple pomace, wet at 0.2, an average illumination of not less than 360277M, Pittsburgh, PA 15251. A copy 0.02 and 0.8 part per million (ppm) 160 lux (15 foot candles) at 100 cm or of any objections and hearing requests respectively. the maximum source-image receptor filed with the Hearing Clerk identified by the docket control number, [OPP– I. Background and Statutory Findings distance (SID), whichever is less. 300830], must also be submitted to: Section 408(b)(2)(A)(i) of the FFDCA * * * * * Public Information and Records allows EPA to establish a tolerance (the (e) * * * Integrity Branch, Information Resources legal limit for a pesticide chemical (5) * * * and Services Division (7502C), Office of residue in or on a food) only if EPA Pesticide Programs, Environmental determines that the tolerance is ‘‘safe.’’ (vii) * * * Protection Agency, 401 M St., SW., Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to (A) All systems shall have beam- Washington, DC 20460. In person, bring mean that ‘‘there is a reasonable limiting devices that allow the entire a copy of objections and hearing certainty that no harm will result from chest wall edge of the x-ray field to requests to Rm. 119, Crystal Mall #2, aggregate exposure to the pesticide extend to the chest wall edge of the 1921 Jefferson Davis Hwy., Arlington, chemical residue, including all image receptor and provide means to VA. anticipated dietary exposures and all assure that the x-ray field does not A copy of objections and hearing other exposures for which there is extend beyond any edge of the image requests filed with the Hearing Clerk reliable information.’’ This includes receptor by more than 2 percent of the may be submitted electronically by exposure through drinking water and in SID. sending electronic mail (e-mail) to: opp- residential settings, but does not include [email protected]. Copies of objections occupational exposure. Section * * * * * and hearing requests must be submitted 408(b)(2)(C) requires EPA to give special Dated: April 7, 1999. as an ASCII file avoiding the use of consideration to exposure of infants and William K. Hubbard, special characters and any form of children to the pesticide chemical Acting Deputy Commissioner for Policy. encryption. Copies of objections and residue in establishing a tolerance and hearing requests will also be accepted to ‘‘ensure that there is a reasonable [FR Doc. 99–9222 Filed 4–13–99; 8:45 am] on disks in WordPerfect 5.1/6.1 file certainty that no harm will result to BILLING CODE 4160±01±F format or ASCII file format. All copies infants and children from aggregate of objections and hearing requests in exposure to the pesticide chemical electronic form must be identified by residue....’’
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EPA performs a number of analyses to hemoglobin counts and increased in food consumption, body weight, and determine the risks from aggregate relative liver weight. body weight gain together with exposure to pesticide residues. For In the subchronic feeding study in increases in water consumption at 300 further discussion of the regulatory dogs, the NOAEL was 100 mg/kg/day and 1,000 mg/kg/day. The requirements of section 408 and a and the LOAEL was 300 mg/kg/day. The developmental NOAEL/LOAEL were complete description of the risk effects were based on increased absolute 100 mg/kg/day and 300 mg/kg/day assessment process, see the final rule on and relative liver weight in males and based on the increase of skeletal Bifenthrin Pesticide Tolerances (62 FR hepatocellular hypertrophy in females. variations at 300 mg/kg/day and above. 62961, November 26, 1997) (FRL–5754– These findings were also observed at 5. Reproductive toxicity. In a 2- 7). 1,000 mg/kg/day and may represent generation reproduction study in rats, adaptive changes at both 300 mg/kg/day the systemic NOAEL was 1,000 ppm (87 II. Aggregate Risk Assessment and and the limit dose of 1,000 mg/kg/day. mg/kg/day). The LOAEL for sytemic Determination of Safety In a 21-day dermal study in rats, the toxicity was 5,000 ppm (453 mg/kg/ Consistent with section 408(b)(2)(D), NOAEL for systemic effects was >1,000 day). Effects were based on decreased EPA has reviewed the available mg/kg/day (limit dose). The LOAEL for body weight, weight gain and food scientific data and other relevant systemic effects was not established in consumption in both sexes and both information in support of this action. this study. No dermal or systemic generations, and increased liver weights EPA has sufficient data to assess the toxicity was observed at any dose tested. in both sexes associated with liver and hazards of pyriproxyfen, 2-[1-methyl-2- 3. Chronic toxicity/carcinogenicity. In kidney histopathology in males. The (4-phenoxyphenoxy)ethoxy]pyridine a 1-year chronic feeding study in dogs, reproductive NOAEL was 5,000 ppm. A and to make a determination on the NOAEL was 100 mg/kg/day. The reproductive LOAEL was not aggregate exposure, consistent with LOAEL was 300 mg/kg/day based on established. section 408(b)(2), for a tolerance for decreased weight gain, increased 6. Mutagenicity— Studies on gene residues of pyriproxyfen on pome fruits, absolute and relative liver weight, mild mutation and other genotoxic effects. In anemia, increased cholesterol and walnuts and apple pomace, wet at 0.2, a Gene Mutation Assay (Ames Test)/ triglycerides. 0.02 and 0.8 ppm respectively. EPA’s Reverse Mutation, finding was The oncogenicity study in mice the assessment of the dietary exposures and determined as negative for induction of NOAEL and LOAEL for systemic gene mutation measured as the risks associated with establishing the toxicity in males are 600 ppm and 3,000 tolerance follows. reversion to histine protrophy of 5 ppm, respectively, based on an renal S.typhimurium strains and E.Coli WP2 A. Toxicological Profile lesions in males. The technical grade uvra at doses from 10 to 5,000 µg/plate test material was given to male and with and without S-9 activation. The EPA has evaluated the available female CD-1 mice in diet for 18 months highest dose was insoluble. A Gene toxicity data and considered its validity, at 0, 120, 600, or 3,000 ppm. No Mutation assay in Mammalian Cells was completeness, and reliability as well as statistically significant increase in found to be negative f or mutagencity in the relationship of the results of the tumor incidence relative to controls CHO (Chinese hamster ovary) V79 cells studies to human risk. EPA has also were observed in either sex at any dose with and without metabolic activation considered available information up to 3,000 ppm HDT. yp to cytotoxic doses (300 µg/mL). In a concerning the variability of the In the chronic feeding/oncogenicity Structural Chromosomal Aberration sensitivities of major identifiable study in rats, the NOAEL (systemic) was Assay in vivo, findings proved subgroups of consumers, including 35.1 mg/kg/day and the LOAEL nonclastogenic in CHO cells both with infants and children. The nature of the (systemic) was 182.7 mg/kg/day. The and without S-9 activation up to toxic effects caused by pyriproxyfen, 2- technical grade test material was cytotoxic doses 300 µg/mL. In Other [1-methyl-2-(4- administered to male and female Genotoxicity Assays, an increase in phenoxyphenoxy)ethoxy]pyridine are Sprague-Dawley rats in diet for 24 unscheduled DNA synthesis was not discussed in this unit. months at 0, 120, 600, or 3,000 ppm. A induced both with and without 1. Acute toxicity. Acute toxicity decrease of 16.9% in body weight gain activation in HeLa cells exposed up to studies with technical pyriproxyfen: in females at 3,000 ppm 182.7 mg/kg/ insoluble doses ranging to 6.4 µg/mL Oral LD50 in the rat is >5,000 milligram/ day was basis for the systemic LOAEL. without activation and 51.2 µg/mL with kilogram (mg/kg) for males and females 4. Developmental toxicity. In the activation. - Toxicity Category IV; dermal LD50 in developmental study in rabbits, the 7. Metabolism. The results of the the rabbitat >2,000 mg/kg - Toxicity maternal NOAEL/LOAEL for maternal metabolism studies are as follows: Category IV; inhalation LC50 in the rat toxicity were 100 and 300 mg/kg/day Acceptable Rats were orally dosed with is >1.3 mg/L (highest dose attainable) - based on premature delivery/abortions, 14C-labeled pyriproxyfen at 2 or 1,000 Toxicity Category III; primary eye soft stools, emaciation, decreased mg/kg and at repeated oral doses 14 irritation in the rabbit (mild irritatant) - activity and bradypnea. The daily doses of unlabeled pyriproxyfen at Toxicity Category III; primary dermal developmental NOAEL was determined 2 mg/kg followed by administration of irritation in the rabbit (not an irritant: to be 300 mg/kg/day and developmental a single oral dose of labeled non-irritating to the skin under LOAEL was determined to be pyriproxyfen at 2 mg/kg. Most conditions of test))- Toxicity Category undetermined; no dose related radioactivity was excreted in the feces IV. Pyriproxyfen is not a sensitizer. anomalies occurred in the 4 remaining 81-92% and urine 5-12% over a 7 day 2. Subchronic toxicity. In the litters studied at 1,000 mg/kg/day. collection period. Expired air was not subchronic feeding study in rats, the no- In the developmental study in rats, a detected. Tissue radioactivity levels observed effect level (NOAEL) was maternal NOAEL/LOAEL were were very low less than 0.3% except for 27.68 mg/kg/day. The lowest oberved determined to be 100 mg/kg/day and fat. Examination of urine, feces, liver, effect level (LOAEL) was 141.28 mg/kg/ 300 mg/kg/day, respectively. These kidney, bile and blood metabolites day, based upon higher mean total findings were based on increased yielded numerous > 20 identified cholesteral and phospholipids, incidences in mortality and clinical metabolites when compared to synthetic decreased mean RBCs, hematocrit and signs at 1,000 mg/kg/day with decreased standards. The major biotransformation
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.022 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18335 reactions of pyriproxyfen include: (1) ii. Chronic exposure and risk. The human health DWLOC is the Oxidation of the 4′ - position of the chronic dietary exposure analysis from concentration of a pesticide in drinking terminal phenyl group; (2) Oxidation at food sources was conducted using the water which would result in the 5′ - position of pyridine; (3) Cleavage RfD of 0.35 mg/kg/day. The RfD is based unacceptable aggregate risk, after having of the ether linkage and conjugation of on the NOAEL of 35.1 mg/kg/day in already factored in all food exposures the resultant phenols with sulfuric acid. male and female rats from the Chronic and other non-occupational exposures 8. Neurotoxicity. Neurotoxicity has Feeding/Oncogenicity study in rats and for which OPP has reliable data. not been observed in any of the acute, an uncertainty factor of 100 applicable For chronic (non-cancer) exposure to subchronic, chronic, developmental or to all population subgroups. pyriproxyfen in surface and ground reproductive studies performed with In conducting this chronic dietary risk water, the drinking water levels of pyriproxyfen. assessment, EPA has made very concern are 12,000 µg/L for U.S. conservative assumptions: 100% of Population and 3,400 µg/L for children B. Toxicological Endpoints pome fruits and walnuts having (1-6 yrs). To calculate the DWLOC for 1. Acute toxicity. An acute dietary pyriproxyfen tolerances will contain chronic (non-cancer) exposure relative dose and endpoint was not identified in pyriproxyfen residues and those to a chronic toxicity endpoint, the the database. The Agency concludes residues will be at the level of the chronic dietary food exposure (from that there is a reasonable certainty of no established tolerance. This results in an DEEM) was subtracted from the RfD to harm from acute dietary exposure. overestimate of human dietary obtain the acceptable chronic (non- 2. Short- and intermediate-term exposure. Thus, in making a safety cancer) exposure to pyriproxyfen in toxicity. Doses and endpoints were not determination for this tolerance, EPA is drinking water. DWLOCs were then identified for short and intermediate- taking into account this conservative calculated using default body weights term dermal and inhalation exposure. exposure assessment. and drinking consumption figures. The Agency concludes that there are The existing pyriproxyfen tolerances Estimated average concentrations of reasonable certainties of no harm from (published and pending) result in a pyriproxyfen in surface and ground these exposures. Theoretical Maximum Residue water are 0.14 parts per billion (ppb) 3. Chronic toxicity. EPA has Contribution (TMRC) that is equivalent and 0.006 ppb, respectively. The established the RfD for pyriproxyfen, 2- to the following percentages of the RfD: estimated average concentrations of [1-methyl-2-(4- US. Population (48 states) 0.8%; pyriproxyfen in surface and ground phenoxyphenoxy)ethoxy]pyridine at Hispanics 1.0%; Non-hispanic blacks water are less than OPP’s level of 0.35 mg/kg/day. This Reference Dose 0.9%; Non-hispanic other than black or concern for pyriproxyfen in drinking (RfD) is based on a NOAEL of 35.1 mg/ white 1.2%; All infants (< 1 year) 1.1%; water as a contribution to chronic kg/day and an uncertainty factor (UF) of Nursing Infants (< 1 year old) 0.8%; aggregate exposure. Therefore, taking 100. The NOAEL was established from Non-Nursing Infants (< 1 year old) into account present uses and uses the combined chronic feeding/ 1.2%; Children (1-6 years old) 2.2%; proposed in this action, OPP concludes oncogenicity study in rats where the the Children (7-12 years old) 1.3%; Females with reasonable certainty that residues LOAEL was 3,000 ppm, based on a (13+/nursing) 1.0%. of pyriproxyfen in drinking water (when 16.9% decrease in body weight gain in The subgroups listed above are: (1) considered along with other sources of females when compared to controls. the U.S. population (48 states); (2) those exposure for which OPP has reliable 4. Carcinogenicity. Pyriproxyfen is for infants and children; and (3) the data) would not result in unacceptable classified as Category E: not other subgroups for which the levels of aggregate human health risk at carcinogenic in two acceptable animal percentage of the RfD occupied is this time. studies. greater than that occupied by the 3. From non-dietary exposure. subgroup U.S. population (48 states). Pyriproxyfen is the active ingredient in C. Exposures and Risks 2. From drinking water— i. Acute many registered residential (indoor, 1. From food and feed uses. exposure and risk. As previously stated, non-food) products for flea and tick Tolerances have been established (40 no acute dietary endpoint was identified control. Formulations include foggers, CFR 180.510) for the residues of for assessment of acute dietary risk. aerosol sprays, emulsifiable pyriproxyfen, in or on a variety of raw Thus the Agency concludes that there is concentrates, and impregnated materials agricultural commodities. In todays a reasonable certainty of no harm from (pet collars). action tolerances will be established for acute dietary exposure. i. Acute exposure and risk. An acute the residues of pyriproxyfen, in or on ii. Chronic exposure and risk. dietary dose and endpoint was not the raw agricultural commodities: pome Following OPP’s Interim Approach for identified. Thus the risk from aggregate fruits, walnuts and apple pomace, wet at Addressing Drinking Water Exposure in exposure is considered to be negligible. 0.2, 0.02 and 0.8 ppm respectively. Risk Tolerance Decision making issued on ii. Chronic exposure and risk. With assessments were conducted by EPA to 17-NOV-1997, the Generic Expected the exception of the pet collar uses, assess dietary exposures from Environmental Concentration (GENEEC) consumer use of pyriproxyfen typically pyriproxyfen as follows: model and the Screening results in short-term, intermittent i. Acute exposure and risk. Acute Conccentration In Ground Water) (SCI- exposures. Hence, chronic residential dietary risk assessments are performed GROW) model were run to produce post-application exposure and risk for a food-use pesticide if a toxicological estimates of pyriproxyfen assessments were conducted to estimate study has indicated the possibility of an concentrations in surface and ground the potential risks from pet collar uses. effect of concern occurring as a result of water respectively. The primary use of The risk assessment was conducted a 1-day or single exposure. No acute these models is to provide a coarse using the following assumptions: dietary endpoint and dose was screen for sorting out pesticides for application rate of 0.58 mg ai/day identified in the toxicology data base for which OPP has a high degree of (product label), average body weight for pyriproxyfen, therefore the Agency confidence that the true levels of the a 1 to 6 year old child of 10 kg, the concludes that there is a reasonable pesticide in drinking water will be less active ingredient dissipates uniformly certainty of no harm from acute dietary than the human health drinking water through 365 days (the label instruct to exposure. levels of comparison (DWLOCs). A change collar once a year), 1% of the
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.022 pfrm02 PsN: 14APR1 18336 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations active ingredient is available for dermal old). See discussion below. Chronic case of threshold effects to account for and inhalation exposure per day. The residential exposure to pyriproxyfen pre-and post-natal toxicity and the assessment also assumes an absorption from pet collars is estimated to increase completeness of the database unless rate of 100%. This is a conservative total pyriproxyfen exposure only EPA determines that a different margin assumption since the dermal absorption marginally. Despite the potential for of safety will be safe for infants and was estimated to be 10%. exposure to pyriproxyfen in drinking children. Margins of safety are The estimated chronic term MOE was water, EPA does not expect the incorporated into EPA risk assessments 61,000 for children, and 430,000 for aggregate exposure to exceed 100% of either directly through use of a margin adults. An adequate MOE is 100. The the RfD. of exposure (MOE) analysis or through risk estimates indicate that potential This determination is based on a using uncertainty (safety) factors in risks from pet collar uses do not exceed comparison of estimated concentrations calculating a dose level that poses no the Agency’s level of concern. of pyriproxyfen in surface and ground appreciable risk to humans. EPA iii. Short- and intermediate-term water to levels of concern for believes that reliable data support using exposure and risk. The Agency pyriproxyfen in drinking water. The the standard uncertainty factor (usually concludes that there is reasonable estimates of pyriproxyfen in surface and 100 for combined inter- and intra- certainty of no harm from short term ground water are derived from water species variability) and not the and intermediate-term dermal and quality models that use conservative additional tenfold MOE/uncertainty inhalation occupational and residential assumptions regarding the pesticide factor when EPA has a complete data exposure due to the lack of significant transport from the point of application base under existing guidelines and toxicological effects observed. to surface and ground water. Because when the severity of the effect in infants 4. Cumulative exposure to substances EPA considers the aggregate risk or children or the potency or unusual with common mechanism of toxicity. resulting from multiple exposure toxic properties of a compound do not Section 408(b)(2)(D)(v) requires that, pathways associated with the pesticide’s raise concerns regarding the adequacy of when considering whether to establish, uses, levels of concern in drinking water the standard MOE/safety factor. modify, or revoke a tolerance, the may vary as those uses change. If new ii. Developmental toxicity studies. In Agency consider ‘‘available uses are added in the future, EPA will the rat developmental study, the information’’ concerning the cumulative reassess the potential impact of developmental NOAEL was 100 mg/kg/ effects of a particular pesticide’s pyriproxyfen in food and drinking water day and the maternal NOAEL was 100 residues and ‘‘other substances that as part of the aggregate chronic risk mg/kg/day. Therefore, there was no have a common mechanism of toxicity.’’ assessment process. prenatal developmental toxicity in the EPA does not have, at this time, 3. Short- and intermediate-term risk. presence of maternal toxicity. Similarly available data to determine whether No significant toxicological effects were in rabbits, the prenatal developmental pyriproxyfen has a common mechanism observed in the animal studies that NOAEL was 300 mg/kg/day and the of toxicity with other substances or how could be attributed to short- or maternal NOAEL was 300 mg/kg/day. to include this pesticide in a cumulative intermediate-term exposure. Thus, the Therefore, prenatally exposed fetuses risk assessment. Unlike other pesticides risk from short- and intermediate-term were not more sensitive to the effects of for which EPA has followed a exposure is negligible. pyriproxyfen than maternal animals. cumulative risk approach based on a 4. Aggregate cancer risk for U.S. iii. Reproductive toxicity study. In the common mechanism of toxicity, population. Pyriproxyfen is classified as rat reproduction study, the parental pyriproxyfen does not appear to Category E: not carcinogenic in two NOAEL of 1,000 ppm was identical to produce a toxic metabolite produced by acceptable animal studies. the pup NOAEL of 1,000 ppm and other substances. For the purposes of 5. Determination of safety. Based on decreased body weight was seen in both this tolerance action, therefore, EPA has these risk assessments, EPA concludes pup and parental animals. This finding not assumed that pyriproxyfen has a that there is a reasonable certainty that demonstrates that there are no extra common mechanism of toxicity with no harm will result from aggregate sensitivities with respect to pre- and other substances. For information exposure to pyriproxyfen residues. post-natal toxicity between adult and regarding EPA’s efforts to determine E. Aggregate Risks and Determination of infant animals. which chemicals have a common iv. Pre- and post-natal sensitivity. The Safety for Infants and Children mechanism of toxicity and to evaluate oral perinatal and prenatal data the cumulative effects of such 1. Safety factor for infants and demonstrated no indication of increased chemicals, see the final rule for children— i. In assessing the potential sensitivity of rats or rabbits to in utero Bifenthrin Pesticide Tolerances (62 FR for additional sensitivity of infants and and postnatal exposure to pyriproxyfen. 62961, November 26, 1997). children to residues of pyriproxyfen, v. Conclusion. The 10X factor for EPA considered data from infants and children (as required by D. Aggregate Risks and Determination of developmental toxicity studies in the rat FQPA) was removed, since there was no Safety for U.S. Population and rabbit and a 2-generation special sensitivity for infants and 1. Acute risk. An acute dietary dose reproduction study in the rat. The children and the data base is complete. and endpoint was not identified. Thus developmental toxicity studies are For chronic dietary risk assessment, a the risk from acute aggregate exposure is designed to evaluate adverse effects on UF of 100 is adequate for protection considered to be negligible. the developing organism resulting from from exposure to pyriproxyfen. 2. Chronic risk. Using the maternal pesticide exposure gestation. 2. Acute risk. An acute dietary dose conservative exposure assumptions Reproduction studies provide and endpoint was not identified. Thus described above, EPA has calculated information relating to effects from the risk from acute aggregate exposure is that the percentage of the RfD that will exposure to the pesticide on the considered to be negligible. be utilized by dietary (food) exposure to reproductive capability of mating 3. Chronic risk. Using the exposure residues of pyriproxyfen is 0.8 percent animals and data on systemic toxicity. assumptions described in this unit, EPA for the U.S. Population. The major FFDCA section 408 provides that EPA has concluded that aggregate exposure identifiable subgroup with the highest shall apply an additional tenfold margin to pyriproxyfen from food will utilize aggregate exposure is children (1-6 years of safety for infants and children in the 2.2% of the RfD for infants and
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Magnitude of Residues for exposures below 100% of the RfD and perirenal fat, gastrointestinal tract because the RfD represents the level at and contents were collected for 14C Adequate residue data were provided or below which daily aggregate dietary analysis. to support tolerances of 0.2 ppm forpome fruits and 0.02 ppm for exposure over a lifetime will not pose 14 The majority (62-76%) of the C- walnuts. appreciable risks to human health. pyriproxyfen ingested by goats was Despite the potential for exposure to excreted in urine and feces, with Processing data provided for apples pyriproxyfen in drinking water and residue levels in feces being higher than indicated concentration of residues in from non-dietary, non-occupational in urine. Approximately 25 to 32% of wet apple pomace. Based on the exposure, EPA does not expect the the administered 14C-pyriproxyfen was available field trial data the highest aggregate exposure to exceed 100% of found in goat tissues, with the large average field trial (HAFT) for apples is the RfD. majority located in the gastrointestinal 0.16 ppm for residues of pyriproxyfen. 4. Short- or intermediate-term risk. tract. These studies show that The maximum pyriproxyfen residues in Short-term and intermediate-term metabolism of phenyl-14C pyriproxyfen apple pomace based on the HAFT and dermal and inhalation risks are judged in goats proceeds through hydroxylation the average concentration factor 4.9x to be negligible due to the lack of of the phenoxyphenyl and pyridyl rings, would be 0.78 ppm. Therefore, the significant toxicological effects sulfation of the 4′-OH phenoxyphenyl proposed tolerance of 0.8 ppm for observed. moiety, and cleavage of the ether pyriproxyfen residues in/on wet apple 5. Determination of safety. Based on 14 pomace is adequate. these risk assessments, EPA concludes linkage. Metabolism of pyridyl- C pyriproxyfen in goats proceeds through There are no processed commodities that there is a reasonable certainty that associated with pears and walnuts no harm will result to infants and hydroxylation of the phenoxyphenyl and pyridyl rings, sulfation of the 4′-OH andtherefore no tolerances for processed children from aggregate exposure to commodities are required. pyriproxyfen residues. phenoxyphenyl moiety, cleavage of the ether linkage and oxidation of the side A feeding study on lactating dairy III. Other Considerations chain. Therefore the nature of the cows was submitted. Using proposed A. Metabolism In Plants and Animals residue in ruminants is adequately tolerances for animal feed items, the understood. calculated maximum theoretical dietary The nature of the residue in plants is Should future crop uses increase the burdens for beef and dairy cattle are understood. Acceptable metabolism 1.69 and 1.29 ppm, respectively. Based 14 maximum dietary burden in animals to studies using C-labeled pyriproxyfen on the dietary burdens, the dosing levels (phenyl and pyridyl rings) have been the point that tolerances are needed in animal commodities, the residue of of 3, 9, and 30 ppm in the study performed in apple RACs and cotton represent 2x, 5x, and 18x the maximum RACs. Metabolism of pyriproxyfen in concern will be pyriproxyfen and the free and sulfate forms of 4′-OH-PYR. theoretical dietary burden to beef cattle, apples proceeds through hydroxylation and 2x, 7x, and 23x the maximum and cleavage of the phenoxy ether B. Analytical Enforcement Methodology theoretical dietary burden to dairy linkage. Primary metabolites formed are cattle. Typically, tolerances are required The proposed enforcement methods further metabolized to more polar on all animal commodities having for residues of pyriproxyfen on plant products by oxidation or conjugation detectable residue levels at a 10x dosing commodities has not been subjected to reactions. Similar metabolic pathways rate or below. For the computed MTDB a complete Agency method validation at were observed for the metabolism of of 1.69 ppm in beef cattle, this would this time. The EPA validation laboratory pyriproxyfen in cotton, goats, and hens. include the 3 and 9 ppm dosing levels. at Beltsville is currently being relocated, The HED Metabolism Assessment The only commodity having detectable and consequently, the laboratory is not Review Committee (MARC) has pyriproxyfen residues at these levels operational at this time. The method determined that there are no was fat: 0.01 - 0.03 ppm. Since the trial requests have been received and a pyriproxyfen metabolites of MTDB calculation is based on a validation is scheduled. In the interim, toxicological or regulatory concern in nutritionally unbalanced diet and EPA has conducted a preliminary plants thus, tolerances based on the includes contributions from some review of the apple and walnut methods parent only are appropriate. animal feed items that are used only that indicates that they appears to be There are no poultry feed items regionally, the Agency will not require suitable for enforcement purposes associated with pome fruits and the establishment of pyriproxyfen pending the outcome of the actual walnuts. Therefore, no secondary tolerances in fat at this time. However, method validation. Given that the residues are expected to occur in should future new uses include registrant has provided concurrent poultry eggs, fat, meat, and meat additional animal feed items, tolerances fortification data to demonstrate that the byproducts as a result of the proposed on animal commodities will be needed. uses on pome fruits and walnuts. methods are adequate for data collection Valent submitted data from studies purposes and has provided the Agency D. International Residue Limits investigating the metabolism of Ph-14C with a successful Independent uniformly ring labeled and Py-14C in Laboratory Validation, coupled with There are no CODEX, Canadian, or pyridine ring 2 and 6 positions EPA’s preliminary review, EPA Mexican tolerances for pyriproxyfen pyriproxyfen in lactating goats. Two concludes that the methods are suitable residues in/on pome fruits or walnuts. goats were fed 10 ppm of the Ph-14C as enforcement methods to support Therefore, international harmonization pyriproxyfen daily for 5 days, while two tolerances associated with a conditional is not an issue at this time. other goats were fed 10 ppm of the Py- registration only. As a condition of the E. Rotational Crop Restrictions 14C pyriproxyfen daily for 5 days, with registration, the Agency will require 1 control goat. Urine, feces and milk successful method validations and the The Agency has determined that samples were obtained twice daily. registrant will be required to make any rotational crop studies are not required After sacrifice at 6 hours after last dose, necessary modifications to the methods for uses of pesticides on pome fruits or samples of blood, heart, kidneys, liver, resulting from the laboratory validation. walnuts
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IV. Conclusion on such issues, and a summary of any paper record maintained at the Virginia Therefore, the tolerances are evidence relied upon by the requestor address in ‘‘ADDRESSES’’ at the established for residues of pyriproxyfen (40 CFR 178.27). A request for a hearing beginning of this document. will be granted if the Administrator in pome fruits, walnuts and apple VII. Regulatory Assessment determines that the material submitted pomace, wet at 0.2 , 0.02, and 0.8 ppm, Requirements respectively. shows the following: There is genuine and substantial issue of fact; there is a A. Certain Acts and Executive Orders V. Objections and Hearing Requests reasonable possibility that available This final rule establishes a tolerance The new FFDCA section 408(g) evidence identified by the requestor under section 408(d) of the FFDCA in would, if established, resolve one or provides essentially the same process response to a petition submitted to the more of such issues in favor of the for persons to ‘‘object’’ to a tolerance Agency. The Office of Management and requestor, taking into account regulation as was provided in the old Budget (OMB) has exempted these types uncontested claims or facts to the section 408 and in section 409. of actions from review under Executive contrary; and resolution of the factual However, the period for filing objections Order 12866, entitled Regulatory issues in the manner sought by the is 60 days, rather than 30 days. EPA Planning and Review (58 FR 51735, requestor would be adequate to justify currently has procedural regulations October 4, 1993). This final rule does the action requested (40 CFR 178.32). which govern the submission of not contain any information collections Information submitted in connection objections and hearing requests. These subject to OMB approval under the regulations will require some with an objection or hearing request may be claimed confidential by marking Paperwork Reduction Act (PRA), 44 modification to reflect the new law. U.S.C. 3501 et seq., or impose any However, until those modifications can any part or all of that information as CBI. Information so marked will not be enforceable duty or contain any be made, EPA will continue to use those disclosed except in accordance with unfunded mandate as described under procedural regulations with appropriate procedures set forth in 40 CFR part 2. Title II of the Unfunded Mandates adjustments to reflect the new law. A copy of the information that does not Reform Act of 1995 (UMRA) (Pub. L. Any person may, by June 14, 1999, contain CBI must be submitted for 104–4). Nor does it require any prior file written objections to any aspect of inclusion in the public record. consultation as specficed by Executive this regulation and may also request a Information not marked confidential Order 12875, entitled Enhancing the hearing on those objections. Objections may be disclosed publicly by EPA Intergovernmental Partnership (58 FR and hearing requests must be filed with without prior notice. 58093, October 28, 1993), or special the Hearing Clerk, at the address given considerations as required by Executive under the ‘‘ADDRESSES’’ section (40 VI. Public Record and Electronic Order 12898, entitled Federal Actions to CFR 178.20). A copy of the objections Submissions Address Environmental Justice in and/or hearing requests filed with the EPA has established a record for this Minority Populations and Low-Income Hearing Clerk should be submitted to regulation under docket control number Populations (59 FR 7629, February 16, the OPP docket for this regulation. The [OPP–300830] (including any comments 1994), or require OMB review in objections submitted must specify the and data submitted electronically). A accordance with Executive Order 13045, provisions of the regulation deemed public version of this record, including entitled Protection of Children from objectionable and the grounds for the printed, paper versions of electronic Environmental Health Risks and Safety objections (40 CFR 178.25). Each comments, which does not include any Risks (62 FR 19885, April 23, 1997). objection must be accompanied by the information claimed as CBI, is available In addition, since tolerances and fee prescribed by 40 CFR 180.33(i). EPA for inspection from 8:30 a.m. to 4 p.m., exemptions that are established on the is authorized to waive any fee Monday through Friday, excluding legal basis of a petition under FFDCA section requirement ‘‘when in the judgement of holidays. The public record is located in 408(d), such as the tolerance/exemption the Administrator such a waiver or Room 119 of the Public Information and in this final rule, do not require the refund is equitable and not contrary to Records Integrity Branch, Information issuance of a proposed rule, the the purpose of this subsection.’’ For Resources and Services Division requirements of the Regulatory additional information regarding (7502C), Office of Pesticide Programs, Flexibility Act (RFA) (5 U.S.C. 601 et tolerance objection fee waivers, contact Environmental Protection Agency, seq.) do not apply. Nevertheless, the James Tompkins, Registration Division Crystal Mall #2, 1921 Jefferson Davis Agency previously assessed whether (7505C), Office of Pesticide Programs, Hwy., Arlington, VA. establishing tolerances, exemptions Environmental Protection Agency, 401 Objections and hearing requests may from tolerances, raising tolerance levels M St., SW., Washington, DC 20460. be sent by e-mail directly to EPA at: or expanding exemptions might Office location, telephone number, and [email protected]. adversely impact small entities and e-mail address: Rm. 239, Crystal Mall E-mailed objections and hearing concluded, as a generic matter, that #2, 1921 Jefferson Davis Hwy., requests must be submitted as an ASCII there is no adverse economic impact. Arlington, VA, (703) 305–5697, file avoiding the use of special The factual basis for the Agency’s [email protected]. Requests for characters and any form of encryption. generic certification for tolerance waiver of tolerance objection fees The official record for this regulation, actions published on May 4, 1981 (46 should be sent to James Hollins, as well as the public version, as FR 24950), and was provided to the Information Resources and Services described in this unit will be kept in Chief Counsel for Advocacy of the Small Division (7502C), Office of Pesticide paper form. Accordingly, EPA will Business Administration. Programs, Environmental Protection transfer any copies of objections and Agency, 401 M St., SW., Washington, hearing requests received electronically B. Executive Order 12875 DC 20460. into printed, paper form as they are Under Executive Order 12875, If a hearing is requested, the received and will place the paper copies entitled Enhancing the objections must include a statement of in the official record which will also Intergovernmental Partnership (58 FR the factual issues on which a hearing is include all comments submitted directly 58093, October 28, 1993), EPA may not requested, the requestor’s contentions in writing. The official record is the issue a regulation that is not required by
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.022 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18339 statute and that creates a mandate upon requirements that affect Indian tribes. ENVIRONMENTAL PROTECTION a State, local or tribal government, Accordingly, the requirements of AGENCY unless the Federal government provides section 3(b) of Executive Order 13084 the funds necessary to pay the direct do not apply to this rule. 40 CFR Part 180 compliance costs incurred by those VIII. Submission to Congress and the [OPP±300839; FRL±6073±9] governments. If the mandate is unfunded, EPA must provide to OMB a Comptroller General RIN 2070±AB78 description of the extent of EPA’s prior The Congressional Review Act, 5 consultation with representatives of U.S.C. 801 et seq., as added by the Small Tebufenozide; Benzoic Acid, 3,5- affected State, local, and tribal Business Regulatory Enforcement dimethyl-1-(1,1-dimethylethyl)-2-(4- governments, the nature of their Fairness Act of 1996, generally provides ethylbenzoyl) hyrazide; Pesticide concerns, copies of any written that before a rule may take effect, the Tolerances communications from the governments, Agency promulgating the rule must AGENCY: Environmental Protection and a statement supporting the need to submit a rule report, which includes a Agency (EPA). issue the regulation. In addition, copy of the rule, to each House of the ACTION: Final rule. Executive Order 12875 requires EPA to Congress and the Comptroller General of develop an effective process permitting the United States. EPA will submit a SUMMARY: This regulation establishes a elected officials and other report containing this rule and other tolerance for residues of tebufenozide in representatives of State, local, and tribal required information to the U.S. Senate, or on Leafy and Brassica(cole) governments ‘‘to provide meaningful the U.S. House of Representatives and Vegetables and Fruiting Vegetables. and timely input in the development of the Comptroller General of the United Rohm and Haas Company requested regulatory proposals containing States prior to publication of the rule in these tolerance under the Federal Food, significant unfunded mandates.’’ the Federal Register. This rule is not a Drug, and Cosmetic Act, as amended by Today’s rule does not create an ‘‘major rule’’ as defined by 5 U.S.C. the Food Quality Protection Act of 1996. unfunded Federal mandate on State, 804(2). local, or tribal governments. The rule DATES: This regulation is effective April does not impose any enforceable duties List of Subjects in 40 CFR Part 180 14, 1999. Objections and requests for hearings must be received by EPA on or on these entities. Accordingly, the Environmental protection, requirements of section 1(a) of before June 14, 1999. Administrative practice and procedure, ADDRESSES: Written objections and Executive Order 12875 do not apply to Agricultural commodities, Pesticides this rule. hearing requests, identified by the and pests, Reporting and recordkeeping docket control number, [OPP–300839], C. Executive Order 13084 requirements. must be submitted to: Hearing Clerk Under Executive Order 13084, Dated: March 30, 1999. (1900), Environmental Protection entitled Consultation and Coordination James Jones, Agency, Rm. M3708, 401 M St., SW., with Indian Tribal Governments (63 FR Washington, DC 20460. Fees 27655, May 19, 1998), EPA may not Director, Registration Division, Office of accompanying objections and hearing Pesticide Programs. issue a regulation that is not required by requests shall be labeled ‘‘Tolerance statute, that significantly or uniquely Therefore, 40 CFR chapter I is Petition Fees’’ and forwarded to: EPA affects the communities of Indian tribal amended as follows: Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box governments, and that imposes PART 180±[AMENDED] substantial direct compliance costs on 360277M, Pittsburgh, PA 15251. A copy those communities, unless the Federal 1. The authority citation for part 180 of any objections and hearing requests government provides the funds continues to read as follows: filed withthe Hearing Clerk identified by the docket control number, [OPP– necessary to pay the direct compliance Authority: 21 U.S.C. 321(q), 346a, and 371. costs incurred by the tribal 300839], must also be submitted to: governments. If the mandate is Public Information and Records unfunded, EPA must provide OMB, in 2. In § 180.510, paragraph (a), by Integrity Branch, Information Resources a separately identified section of the alphabetically adding the following and Services Division (7502C), Office of preamble to the rule, a description of commodities to the table to read as Pesticide Programs, Environmental the extent of EPA’s prior consultation follows: Protection Agency, 401 M St., SW., with representatives of affected tribal § 180.510 Pyriproxyfen; tolerances for Washington, DC 20460. In person, bring governments, a summary of the nature residues. a copy of objections and hearing of their concerns, and a statement (a) * * * requests to Rm. 119, Crystal Mall #2, supporting the need to issue the 1921 Jefferson Davis Hwy., Arlington, regulation. VA. In addition, Executive Order 13084 A copy of objections and hearing requires EPA to develop an effective Parts per mil- requests filed with the Hearing Clerk process permitting elected officials and Commodity lion may be submitted electronically by other representatives of Indian tribal sending electronic mail (e-mail) to: opp- governments ‘‘to provide meaningful Apple, pomace, wet ...... 0.8 [email protected]. Copies of objections and timely input in the development of and hearing requests must be submitted regulatory policies on matters that ******* as an ASCII file avoiding the use of Pome fruits ...... 0.2 special characters and any form of significantly or uniquely affect their Walnuts ...... 0.02 communities.’’ encryption. Copies of objections and Today’s rule does not significantly or hearing requests will also be accepted * * * * * uniquely affect the communities of on disks in WordPerfect 5.1/6.1 file Indian tribal governments. This action [FR Doc. 99–9061 Filed 4-13-99; 8:45 am] format or ASCII file format. All copies does not involve or impose any BILLING CODE 6560±50±F of objections and hearing requests in
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.022 pfrm02 PsN: 14APR1 18340 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations electronic form must be identified by certainty that no harm will result to at 1,000 mg/kg/day Limit-Dose or the the docket control number [OPP– infants and children from aggregate formulation 23.1% a.i. product RH- 300839]. No Confidential Business exposure to the pesticide chemical 755,992 2F at 0, 62.5, 250, or 1,000 mg/ Information (CBI) should be submitted residue....’’ kg/day, 6 hours/day, 5 days/week for 21 through e-mail. Electronic copies of EPA performs a number of analyses to days. Under conditions of this study, objections and hearing requests on this determine the risks from aggregate RH-75,992 Technical or RH-75,992 2F rule may be filed online at many Federal exposure to pesticide residues. For demonstrated no systemic toxicity or Depository Libraries. further discussion of the regulatory dermal irritation at the highest dose FOR FURTHER INFORMATION CONTACT: By requirements of section 408 and a tested (HTD) 1,000 mg/kg/ during the 21 mail: Joseph Tavano, Registration complete description of the risk day study. Based on these results, the Division (7505C), Office of Pesticide assessment process, see the final rule on no-observed effect level (NOAEL) for Programs, Environmental Protection Bifenthrin Pesticide Tolerances (62 FR systemic toxicity and dermal irritation Agency, 401 M St., SW., Washington, 62961, November 26, 1997) (FRL–5754– in both sexes is 1,000 mg/kg/day HDT. DC 20460. Office location, telephone 7). A lowest-observable-effect level number, and e-mail address: Rm. 222, II. Aggregate Risk Assessment and (LOAEL) for systemic toxicity and Crystal Mall #2, 1921 Jefferson Davis Determination of Safety dermal irritation was not established. A 1-year dog feeding study with a Hwy., Arlington, VA, (703) 305-6411, Consistent with section 408(b)(2)(D), [email protected]. LOAEL of 250 ppm (9 mg/kg/day for EPA has reviewed the available male and female dogs) based on SUPPLEMENTARY INFORMATION: In the scientific data and other relevant decreases in RBC, HCT, and HGB, Federal Register of February 18, 1999 information in support of this action. increases in Heinz bodies, (64 FR 8090) (FRL–6059–9), EPA issued EPA has sufficient data to assess the methemoglobin, MCV, MCH, a notice pursuant to section 408 of the hazards of tebufenozide, benzoic acid, reticulocytes, platelets, plasma total Federal Food, Drug, and Cosmetic Act 3,5-dimethyl-1-(1,1-dimethylethyl)-2-(4- bilirubin, spleen weight, and spleen/ (FFDCA), 21 U.S.C. 346a as amended by ethylbenzoyl) hydride and to make a body weight ratio, and liver/body the Food Quality Protection Act of 1996 determination on aggregate exposure, weight ratio. Hematopoiesis and (FQPA) (Pub. L. 104–170) announcing consistent with section 408(b)(2), for a sinusoidal engorgement occurred in the the filing of a pesticide petition (PP tolerance for residues of tebufenozide spleen, and hyperplasia occurred in the 7F4824) for tolerances by Rohm and on leafy greens crop subgroup, leaf marrow of the femur and sternum. The Haas Company, 100 Independence Mall petioles crop subgroup, head and stem liver showed an increased pigment in West, Philadelphia, PA 19106-2399. Brassica crop subgroup, leafy Brassica the Kupffer cells. The NOAEL for This notice included a summary of the Greens crop subgroup and fruiting systemic toxicity in both sexes is 50 petition prepared by Rohm and Haas vegetables (except) cucurbits) at 10.0, ppm (1.9 mg/kg/day). Company, the registrant. There were no 2.0, 5.0, 10.0. and 1.0 ppm. EPA’s An 18-month mouse carcinogenicity comments received in response to the assessment of the dietary exposures and study with no carcinogenicity observed notice of filing. risks associated with establishing the at dosage levels up to and including The petitions requested that 40 CFR tolerance follows. 1,000 ppm. 180.482 be amended by establishing A 2-year rat carcinogenicity with no tolerances for residues of the insecticide A. Toxicological Profile carcinogenicity observed at dosage tebufenozide, in or on leafy greens crop EPA has evaluated the available levels up to and including 2,000 ppm subgroup, leaf petioles crop subgroup, toxicity data and considered its validity, (97 mg/kg/day and 125 mg/kg/day for head and stem Brassica crop subgroup, completeness, and reliability as well as males and females, respectively). leafy Brassica Greens crop subgroup and the relationship of the results of the In a prenatal developmental toxicity fruiting vegetables(except cucurbits) at studies to human risk. EPA has also study in Sprague-Dawley rats (25/group) 10.0, 2.0, 5.0, 10.0, and 1.0 part per considered available information Tebufenozide was administered on million (ppm) respectively. concerning the variability of the gestation days 6-15 by gavage in sensitivities of major identifiable aqueous methyl cellulose at dose levels I. Background and Statutory Findings subgroups of consumers, including of 50, 250, or 1,000 milligrams/ Section 408(b)(2)(A)(i) of the FFDCA infants and children. The nature of the kilogram/day (mg/kg/day) and a dose allows EPA to establish a tolerance (the toxic effects caused by tebufenozide, volume of 10 ml/kg. There was no legal limit for a pesticide chemical benzoic acid, 3,5-dimethyl-1-(1,1- evidence of maternal or developmental residue in or on a food) only if EPA dimethylethyl)-2-(4-dimethylbenzoyl) toxicity; the maternal and determines that the tolerance is ‘‘safe.’’ hyrazide are discussed in this unit. developmental toxicity NOAEL was Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to 1. Acute toxicity studies with 1,000 mg/kg/day. mean that ‘‘there is a reasonable technical grade. Oral LD50 in the rat is In a prenatal developmental toxicity certainty that no harm will result from > 5 grams for males and females - study conducted in New Zealand white aggregate exposure to the pesticide Toxicity Category IV; dermal LD50 in the rabbits (20/group) Tebufenozide was chemical residue, including all rat is = 5,000 milligram/kilogram (mg/ administered in 5 ml/kg of aqueous anticipated dietary exposures and all kg) for males and females - Toxicity methyl cellulose at gavage doses of 50, other exposures for which there is Category III; inhalation LC50 in the rat is 250, or 1,000 mg/kg/day on gestation reliable information.’’ This includes >4.5 mg/l - Toxicity Category III; days 7-19. No evidence of maternal or exposure through drinking water and in primary eye irritation study in the rabbit developmental toxicity was observed; residential settings, but does not include is a non-irritant; primary skin irritation the maternal and developmental toxicity occupational exposure. Section in the rabbit >5mg - Toxicity Category NOAEL was 1,000 mg/kg/day. 408(b)(2)(C) requires EPA to give special IV. Tebufenozide is not a sentizer. In a 1993 2-generation reproduction consideration to exposure of infants and 2. In a 21-day dermal toxicity study, study in Sprague-Dawley rats children to the pesticide chemical Crl. CD rats (6/sex/dose) received tebufenozide was administered at residue in establishing a tolerance and repeated dermal administration of either dietary concentrations of 0, 10, 150, or to ‘‘ensure that there is a reasonable the technical 96.1% product RH-75,992 1,000 ppm (0, 0.8, 11.5, or 154.8 mg/kg/
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.023 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18341 day for males and 0, 0.9, 12.8, or 171.1 The pharmacokinetics and metabolites was essentially complete mg/kg/day for females). The parental metabolism of tebufenozide were within 24 hours postdosing. A large systemic NOAEL was 10 ppm (0.8/0.9 studied in female Sprague-Dawley rats amount 67% (male) to 70% (female) of mg/kg/day for males and females, (3-6/sex/group) receiving a single oral the administered dose was unabsorbed respectively) and the LOAEL was 150 dose of 3 or 250 mg/kg of RH-5992, 14C and excreted in the feces by 72 hours. ppm (11.5/12.8 mg/kg/day for males and labeled in one of three positions (A-ring, Total recovery of radioactivity was females, respectively) based on B-ring or N-butylcarbon). The extent of 105% of the administered dose. decreased body weight, body weight absorption was not established. The A total of 13 metabolites were gain, and food consumption in males, majority of the radiolabeled material identified in the bile; the parent and increased incidence and/or severity was eliminated or excreted in the feces compound was not identified i.e. - of splenic pigmentation. In addition, within 48 hours within 48 hours; small unabsorbed compound nor were the there was an increased incidence and amounts (1 to 7% of the administered primary oxidation products seen in the severity of extramedullary dose) were excreted in the urine and feces in the pharmacokinetics study. hematopoiesis at 2,000 ppm. The only traces were excreted in expired air The proposed metabolic pathway reproductive NOAEL was 150 ppm. or remained in the tissues. There was no proceeded primary by oxidation of the (11.5/12.8 mg/kg/day for males and tendency for bioacculmulation. benzylic carbons to alcohols, aldehydes females, respectively) and the LOAEL Absorption and excretion were rapid. or acids. Bile contained most of the was 2,000 ppm (154.8/171.1 mg/kg/day A total of 11 metabolites, in addition other highly oxidized products found in for males and females, respectively) to the parent compound, were identified the feces. The most significant based on an increase in the number of in the feces; the parent compound individual bile metabolites accounted pregnant females with increased accounted for 96 to 99% of the for 5% to 18% of the total radioactivity gestation duration and dystocia. Effects administered radioactivity in the high (male and/or female). Bile also in the offspring consisted of decreased dose group and 35 to 43% in the low contained the previously undetected (in number of pups per litter on postnatal dose group. No parent compound was the pharmacokinetics study) ‘‘A’’ Ring days 0 and/or 4 at 2,000 ppm (154.8/ found in the urine; urinary metabolites ketone and the ‘‘B’’ Ring diol. The other 171.1 mg/kg/day for males and females, were not characterized. The identity of major components were characterized as respectively) with a NOAEL of 150 ppm several fecal metabolites was confirmed high molecular weight conjugates. No (11.5/12.8 mg/kg/day for males and by mass spectral analysis and other fecal individual bile metabolite accounted for females, respectively). metabolites were tentatively identified >5% of the total administered dose. In a 1995 2-generation reproduction by cochromatography with synthetic Total bile radioactivity accounted for ≈ study in rats Tebufenozide was standards. A pathway of metabolism 17% of the total administered dose. administered at dietary concentrations was proposed based on these data. No major qualitative differences in of 0, 25, 200, or 2,000 ppm (0, 1.6, 12.6, Metabolism proceeded primarily by or 126.0 mg/kg/day for males and 0, 1.8, oxidation of the three benzyl carbons, biliary metabolites were observed 14.6, or 143.2 mg/kg/day for females). two methyl groups on the Bring and an between sexes. The metabolic profile in For parental systemic toxicity, the ethyl group on the A ring to alcohols, the bile was similar to the metabolic NOAEL was 25 ppm (1.6/1.8 mg/kg/day aldehydes or acids. The type of profile in the feces and urine. in males and females, respectively), and metabolite produced varies depending B. Toxicological Endpoints the LOAEL was 200 ppm (12.6/14.6 mg/ on the position oxidized and extent of kg/day in males and females), based on oxidation. The butyl group on the 1. Acute toxicity. Toxicity observed in histopathological findings (congestion quaternary nitrogen also can be leaved oral toxicity studies were not and extramedullary hematopoiesis) in (minor), but there was no fragmentation attributable to a single dose (exposure). the spleen. Additionally, at 2,000 ppm of the molecule between the benzyl No neuro or systemic toxicity was (126.0/143.2 mg/kg/day in M/F), rings. observed in rats given a single oral treatment-related findings included No qualitative differences in administration of Tebufenozide at 0, reduced parental body weight gain and metabolism were observed between 500, 1,000, or 2,000 mg/kg. No maternal increased incidence of hemosiderin- sexes, when high or low dose groups or developmental toxicity was observed laden cells in the spleen. Columnar were compared or when different following oral administration of changes in the vaginal squamous labeled versions of the molecule were tebufenozide at 1,000 mg/kg/day (Limit- epithelium and reduced uterine and compared. Dose) during gestation to pregnant rats ovarian weights were also observed at The absorption and metabolism of or rabbits. Thus the risk from acute 2,000 ppm, but the toxicological tebufenozide were studied in a group of exposure is considered negligible. significance was unknown. For male and female bile-duct cannulated 2. Short- and intermediate-term offspring, the systemic NOAEL was 200 rats. Over a 72 hour period, biliary toxicity. No dermal or systemic toxicity ppm, (12.6/14.6 mg/kg/day in males and excretion accounted for 30% female to was seen in rats receiving 15 repeated females), and the LOAEL was 2,000 34% male of the administered dose dermal applications of the technical ppm (126.0/143.2 mg/kg/day in M/F) while urinary excretion accounted for ≈ (97.2%) product at 1,000 mg/kg/day based on decreased body weight on 5% of the administered dose and the (Limit- Dose) as well as a formulated postnatal days 14 and 21. carcass accounted for <0.5% of the (23% a.i) product at 0, 62.5, 250, or Several mutagenicity tests which were administered dose for both male and 1,000 mg/kg/day over a 21 day period all negative. These include an Ames female. Thus systemic absorption (MRID 42991507). The HIARC noted assay with and without metabolic (percent of dose recovered in the bile, that in spite of the hematological effects activation, an in vivo cytogenetic assay urine and carcass was 35% female to seen in the dog study, similar effects in rat bone marrow cells, and in vitro 39% male. The majority of the were not seen in the rats receiving the chromosome aberration assay in CHO radioactivity in the bile (20% female to compound via the dermal route cells, a CHO/HGPRT assay, a reverse 24% male of the administered dose) was indicating poor dermal absorption. Also, mutation assay with E. Coli, and an excreted within the first 6 hours no developmental endpoints of concern unscheduled DNA synthesis assay postdosing indicating rapid absorption. were evident due to the lack of (UDS) in rat hepatocytes. Furthermore, urinary excretion of the developmental toxicity in either rat or
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.023 pfrm02 PsN: 14APR1 18342 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations rabbit studies. This risk is considered to available on pesticide use and food effect of concern occurring as a result of be negligible. consumption in a particular area, the a 1-day or single exposure. Toxicity 3. Chronic toxicity. EPA has exposure estimate does not understate observed in oral toxicity studies were established the Reference Dose (RfD) for exposure for the population in such not attributable to a single dose tebufenozide, benzoic acid, 3,5- area. In addition, the Agency must (exposure). No Neuro or systemic dimethyl-1-(1,1-dimethylethyl)-2-(4- provide for periodic evaluation of any toxicity was observed in rats given a ethylbenzoyl) hydrazide at 0.018 mg/kg/ estimates used. To provide for the single oral administration of day. This RfD is based on a NOAEL of periodic evaluation of the estimate of Tebufenozide at 0, 500, 1,000 or 2,000 1.8 mg/kg/day and an uncertainty factor percent of crop treated as required by mg/kg. No maternal or developmental (UF) of 100. The NOAEL was the section 408(b)(2)(F), EPA may toxicity was observed following oral established from the chronic toxicity require registrants to submit data on administration of Tebufenozide at 1,000 study in dogs where the NOAEL was 1.8 PCT. mg/kg/day (Limit-Dose) during gestation mg/kg/day based on growth retardation, The Agency used PCT information as to pregnant rats or rabbits. This risk is alterations in hematology parameters, follows: considered to be negligible. changes in organ weights, and Estimates of percent crop treated were ii. Chronic exposure and risk. The RfD histopathological lesions in the bone, used for the following crops. In all cases used for the chronic dietary analysis is spleen and liver at 8.7 mg/kg/day. EPA the maximum estimate was used. 0.018 mg/kg/day. In conducting this determined that the 10 x factor to Almonds: Average <1% Maximum exposure assessment, HED has made protect children and infants (as required <1% very conservative assumptions -- 100% by FQPA) should be removed. Apples: Average 1% Maximum 2% of Brassica (cole) and leafy vegetables Therefore, the RfD remains the same at: Beans/Peas, Dry Average 0% and fruiting vegetables and all other 0.018 mg/kg/day. An UF of 100 is Maximum 1% commodities having tebufenozide supported by the following factors. Cotton Average 1% Maximum 4% tolerances will contain tebufenozide i. Developmental toxicity studies Sugarcane Average 3% Maximum residues and those residues would be at showed no increased sensitivity in 5% the level of the tolerance, and some fetuses when compared to maternal Walnuts Average 10% Maximum percent crop treated (%CT) data for animals following in utero exposures in 16% selected commodities -- which result in rats and rabbits. The Agency believes that the three an overestimate of human dietary ii. Multi-generation reproduction conditions, discussed in section 408 exposure. Previous chronic toxicity studies in rats showed no (b)(2)(F) in this unit concerning the tebufenozide analyses conducted for increased sensitivity in pups as Agency’s responsibilities in assessing Section 18 actions included %CT data compared to adults and offspring. chronic dietary risk findings, have been on spinach and cole crops. These values iii. There are no data gaps. met. The PCT estimates are derived were reset to 100% CT as a result of this 4. Carcinogenicity. Tebufenozide has from Federal and private market survey petition for permanent tolerances. Thus, been classified as a Group E, ‘‘no data, which are reliable and have a valid in making a safety determination for this evidence of carcinogenicity for basis. Typically, a range of estimates are tolerance, HED is taking into account humans,’’ chemical by EPA. supplied and the upper end of this this conservative exposure assessment. range is assumed for the exposure With Brassica (cole) and leafy C. Exposures and Risks assessment. By using this upper end vegetables and fruiting vegetables as 1. From food and feed uses. estimate of the PCT, the Agency is new tolerances, the existing Tolerances have been established (40 reasonably certain that that the tebufenozide tolerances (published and CFR 180.482) for the residues of percentage of the food treated is not including the necessary Section 18 tebufenozide, in or on a variety of raw likely to be underestimated. The tolerances) result in a Anticipated agricultural commodities. In today’s regional consumption information and Residue Contribution (ARC) that is action tolerances will be established for consumption information for significant equivalent to the following percentages the residues of tebufenozide in or on the subpopulations is taken into account of the RfD: raw agricultural commodities: leafy through EPA’s computer-based model greens crop subgroup, leaf petioles crop for evaluating the exposure of Population Subgroup %RfD subgroup, head and stem Brassica crop significant subpopulations including subgroup, leafy Brassica greens crop several regional groups. Use of this U.S. Population - 48 States 30 subgroup and fruiting vegetables(except consumption information in EPA’s risk All Infants (<1 year) 29 Nursing Infants (<1 year) 20 cucurbits) at 10.0, 2.0, 5.0, 10.0 and 1.0 assessment process ensures that EPA’s < ppm respectively. Risk assessments exposure estimate does not understate Non-Nursing Infants ( 1 year) 33 Children (1-6 years) 44 were conducted by EPA to assess exposure for any significant Children (7-12 years) 35 dietary exposures from tebufenozide as subpopulation group and allows the U.S. Population - Spring Sea- follows: Agency to be reasonably certain that no son 30 Section 408(b)(2)(F) states that the regional population is exposed to U.S. Population - Winter Sea- Agency may use data on the actual residue levels higher than those son 30 percent of food treated (PCT) for estimated by the Agency. Other than the Northeast Region 31 assessing chronic dietary risk only if the data available through national food Weastern Region 33 Agency can make the following Pacific Region 34 consumption surveys, EPA does not Non-Hispanic Blacks 32 findings: That the data used are reliable have available information on the Non-Hispanic Other Than Black and provide a valid basis to show what regional consumption of food to which or White 36 percentage of the food derived from tebufenozide may be applied in a Females (13+/ nursing) 32 such crop is likely to contain such particular area. Males (20+ years) 26 pesticide residue; that the exposure i. Acute exposure and risk. Acute estimate does not underestimate dietary risk assessments are performed The subgroups listed above are: (1) exposure for any significant for a food-use pesticide if a toxicological the U.S. population (48 States); (2) those subpopulation group; and if data are study has indicated the possibility of an for infants and children; (3) the other
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.023 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18343 subgroups for which the percentage of cumulative risk approach based on a 5. Determination of safety. Based on the RfD occupied is greater than that common mechanism of toxicity, these risk assessments, EPA concludes occupied by the subgroup U.S. tebufenozide does not appear to that there is a reasonable certainty that population (48 States); and, (4) other produce a toxic metabolite produced by no harm will result from aggregate population subgroups of particular other substances. For the purposes of exposure to tebufenozide residues. regulatory interest. this tolerance action, therefore, EPA has E. Aggregate Risks and Determination of 2. From drinking water— i. Acute not assumed that tebufenozide has a Safety for Infants and Children exposure and risk. Because no acute common mechanism of toxicity with dietary endpoint was determined, the other substances. For information 1. Safety factor for infants and Agency concludes that there is a regarding EPA’s efforts to determine children— i. In general. In assessing the reasonable certainty of no harm from which chemicals have a common potential for additional sensitivity of acute exposure from drinking water. mechanism of toxicity and to evaluate infants and children to residues of ii. Chronic exposure and risk. the cumulative effects of such tebufenozide, EPA considered data from Submitted environmental fate studies chemicals, see the final rule for developmental toxicity studies in the rat suggest that tebufenozide is moderately Bifenthrin Pesticide Tolerances (62 FR and rabbit and a 2-generation persistent to persistent and mobile; 62961, November 26, 1997). reproduction study in the rat. The thus, tebufenozide could potentially developmental toxicity studies are leach to ground water and runoff to D. Aggregate Risks and Determination of designed to evaluate adverse effects on surface water under certain Safety for U.S. Population the developing organism resulting from environmental conditions There is no 1. Acute risk. Since no acute maternal pesticide exposure gestation. established Maximum Contaminant toxicological endpoints were Reproduction studies provide Level (MCL) for residues of established, no acute aggregate risk information relating to effects from tebufenozide in drinking water. No exists. exposure to the pesticide on the drinking water Health Advisories have 2. Chronic risk. Using the ARC reproductive capability of mating been issued for tebufenozide. Therefore, exposure assumptions described in this animals and data on systemic toxicity. potential residue levels for drinking unit, EPA has concluded that aggregate FFDCA section 408 provides that EPA water exposure were calculated using exposure to tebufenozide from food will shall apply an additional tenfold margin Generic Expected Environmental utilize 30% of the RfD for the U.S. of safety for infants and children in the Concentration (GENEEC) (surface water) population. The major identifiable case of threshold effects to account for and Screening Concentration In Ground subgroup with the highest aggregate pre-and post-natal toxicity and the Water (SCI-GROW) (ground water) for exposure is children (1-6 years old) at completeness of the database unless the human health risk assessment. Due 44 percent of the RfD and is discussed EPA determines that a different margin to the wide range of aerobic soil half-life below. Submitted environmental fate of safety will be safe for infants and (t1/2) values, GENEEC and SCI-GROW studies suggest that tebufenozide is children. Margins of safety are were run based on aerobic half-lives of moderately persistent to persistent and incorporated into EPA risk assessments 66 (California Loam) and 729 (worst mobile; thus, tebufenozide could either directly through use of a margin case soil with low microbial activity) potentially leach to ground water and of exposure (MOE) analysis or through days. Because of the wide range of half- runoff to surface water under certain using uncertainty (safety) factors in life values a range of potential exposure environmental conditions. The calculating a dose level that poses no values were calculated. In each case the modeling data for tebufenozide indicate appreciable risk to humans. EPA worst case upper bound exposure limits levels less than OPP’s DWLOC. EPA believes that reliable data support using were then compared to appropriate generally has no concern for exposures the standard uncertainty factor (usually chronic water levels of concern below 100% of the RfD because the RfD 100 for combined inter- and intra- (DWLOC). In each case the calculated represents the level at or below which species variability) and not the exposures based on model data were daily aggregate dietary exposure over a additional tenfold MOE/uncertainty below the DWLOC. lifetime will not pose appreciable risks factor when EPA has a complete data 3. From non-dietary exposure. to human health. There are no registered base under existing guidelines and Tebufenozide is not currently registered residential uses of tebufenozide. Since when the severity of the effect in infants for use on any residential non-food there is no potential for exposure to or children or the potency or unusual sites. Therefore there is no chronic, tebufenozide from residential uses, EPA toxic properties of a compound do not short- or intermediate-term exposure does not expect the aggregate exposure raise concerns regarding the adequacy of scenario. to exceed 100% of the RfD. the standard MOE/safety factor. 4. Cumulative exposure to substances 3. Short- and intermediate-term risk. ii. Developmental toxicity studies. with common mechanism of toxicity. Short- and intermediate-term aggregate Developmental toxicity studies showed Section 408(b)(2)(D)(v) requires that, exposure takes into account chronic no increased sensitivity in fetuses as when considering whether to establish, dietary food and water (considered to be compared to maternal animals following modify, or revoke a tolerance, the a background exposure level) plus in utero exposures in rats and rabbits. Agency consider ‘‘available indoor and outdoor residential iii. Reproductive toxicity study. Multi- information’’ concerning the cumulative exposure. Since there are currently no generation reproduction toxicity studies effects of a particular pesticide’s registered indoor or outdoor residential in rats showed no increased sensitivity residues and ‘‘other substances that non-dietary uses of tebufenozide and no in pups as compared to adults and have a common mechanism of toxicity.’’ short- or intermediate-term toxic offsprings. EPA does not have, at this time, endpoints, short- or intermediate-term iv. Pre- and post-natal sensitivity. The available data to determine whether aggregate risks do not exist. toxicology data base for tebufenozide tebufenozide has a common mechanism 4. Aggregate cancer risk for U.S. included acceptable developmental of toxicity with other substances or how population. Since, tebufenozide has toxicity studies in both rats and rabbits to include this pesticide in a cumulative been classified as a Group E, ‘‘no as well as a 2-generation reproductive risk assessment. Unlike other pesticides evidence of carcinogenicity for toxicity study in rats. The data provided for which EPA has followed a humans,’’ this risk does not exist. no indication of increased sensitivity of
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.023 pfrm02 PsN: 14APR1 18344 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations rats or rabbits to in utero and/or vegetables and fruiting vegetables subgroup, head and stem Brassica crop postnatal exposure to tebufenozide. No (except cucurbits) is adequate for subgroup, leafy Brassica greens crop maternal or developmental findings collection of residue data. Adequate subgroup and fruiting vegetables were observed in the prenatal method validation and concurrent (Except cucurbits) at 10.0, 2.0, 5.0, 10.0 developmental toxicity studies at doses method recovery data have been and 1.0 ppm. up to 1,000 mg/kg/day in rats and submitted for this method. The V. Objections and Hearing Requests rabbits. In the 2-generation reproduction validated limit of quantitation (LOQ) studies in rats, effects occurred at the and limit of detection (LOD) are 0.02 The new FFDCA section 408(g) same or lower treatment levels in the ppm and 0.006 ppm, respectively, for provides essentially the same process adults as in the offspring. residues of tebufenozide in/on tomatoes, for persons to ‘‘object’’ to a tolerance v. Conclusion. There is a complete tomato processed commodities, and regulation as was provided in the old toxicity database for tebufenozide and peppers. The LOQ is 0.01 ppm for section 408 and in section 409. exposure data is complete and residues of tebufenozide in/on lettuce, However, the period for filing objections reasonably accounts for potential spinach, cabbage, and mustard greens, is 60 days, rather than 30 days. EPA exposures. and the LOQ for celery is 0.05 ppm. The currently has procedural regulations 2. Acute risk. Since no acute LOD is 0.003 ppm for all leafy vegetable which govern the submission of toxicological endpoints were matrices tested. objections and hearing requests. These established, no acute aggregate risk The method may be requested from: regulations will require some exists. Calvin Furlow, PRRIB, IRSD modification to reflect the new law. 3. Chronic risk. Using the exposure (7502C),Office of Pesticide Programs, However, until those modifications can assumptions described in this unit, EPA Environmental Protection Agency, 401 be made, EPA will continue to use those has concluded that aggregate exposure M St., SW., Washington, DC 20460. procedural regulations with appropriate to tebufenozide from food will utilize Office location and telephone number: adjustments to reflect the new law. 44% of the RfD for infants and children. Rm 101FF, Crystal Mall #2, 1921 Any person may, by June 14, 1999, EPA generally has no concern for Jefferson Davis Hwy., Arlington, VA, file written objections to any aspect of exposures below 100% of the RfD (703) 305–5229. this regulation and may also request a because the RfD represents the level at hearing on those objections. Objections C. Magnitude of Residues and hearing requests must be filed with or below which daily aggregate dietary the Hearing Clerk, at the address given exposure over a lifetime will not pose Adequate residue data were provided under the ‘‘ADDRESSES’’ section (40 appreciable risks to human health. to support the tolerances for leafy greens CFR 178.20). A copy of the objections Despite the potential for exposure to crop subgroup at 10.0 ppm, leaf petioles and/or hearing requests filed with the tebufenozide in drinking water and from crop subgroup at 2.0 ppm, head and Hearing Clerk should be submitted to non-dietary, non-occupational exposure, stem Brassica crop subgroup at 5.0 ppm, the OPP docket for this regulation. The EPA does not expect the aggregate leafy Brassica greens crop subgroup at objections submitted must specify the exposure to exceed 100% of the RfD. 10.0 ppm and fruiting vegetables (except provisions of the regulation deemed 4. Short- or intermediate-term risk. cucurbits) at 1.0 ppm. There are no objectionable and the grounds for the Short and intermediate term risks are currently regulated processed food or objections (40 CFR 178.25). Each judged to be negligible due to the lack feed items derived from Brassica (cole) and leafy vegetables and fruiting objection must be accompanied by the of significant toxicological effects fee prescribed by 40 CFR 180.33(i). EPA observed. vegetables. Since there are no animal feed items associated with Brassica is authorized to waive any fee 5. Determination of safety. Based on requirement ‘‘when in the judgement of these risk assessments, EPA concludes (cole) and leafy vegetables and fruiting vegetables, no secondary residues in the Administrator such a waiver or that there is a reasonable certainty that refund is equitable and not contrary to no harm will result to infants and animals are expected. There are no food handling uses for tebufenozide. the purpose of this subsection.’’ For children from aggregate exposure to additional information regarding tebufenozide residues. D. International Residue Limits tolerance objection fee waivers, contact III. Other Considerations There are currently no CODEX listings James Tompkins, Registration Division (7505C), Office of Pesticide Programs, A. Metabolism In Plants and Animals for tebufenozide residues in or on the commodities subject to todays action, Environmental Protection Agency, 401 The nature of the residues of therefore there are no harmonization M St., SW., Washington, DC 20460. tebufenozide in/on plants is adequately issues for these crops. Office location, telephone number, and understood. The residue of concern for e-mail address: Rm. 239, Crystal Mall both regulatory (tolerance expression) E. Rotational Crop Restrictions #2, 1921Jefferson Davis Hwy., and risk assessment purposes is the Crops which the label allows to be Arlington, VA, (703) 305-5697, parent compound, tebufenozide per se. treated directly can be planted at any [email protected]. Requests for Since there are no animal feed items time. The following crops can be waiver of tolerance objection fees associated with leafy and Brassica (cole) planted 30 days after application: root/ should be sent to James Hollins, leafy vegetables and fruiting vegetables, tuber/bulb vegetables and cucurbits. All Information Resources and Services a discussion of the qualitative nature of other crops can not be planted within 12 Division (7502C), Office of Pesticide the residue in animals is not germane to months of application. The latter would Programs, Environmental Protection this action. include legume vegetables, cereal Agency, 401 M St., SW., Washington, DC 20460. B. Analytical Enforcement Methodology grains, grasses and non-grass animal feeds. If a hearing is requested, the The HPLC/UV (designated as TR 34- objections must include a statement of 95-66, TR 34-93-119 and TR-34-94-41 all IV. Conclusion the factual issues on which a hearing is virtually identical) method used for Therefore, the tolerance is established requested, the requestor’s contentions determining residues of tebufenozide for residues of tebufenozide in leafy on such issues, and a summary of any in/on leafy and Brassica (cole) leafy greens crop subgroup, leaf petioles crop evidence relied upon by the requestor
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(40 CFR 178.27). A request for a hearing address in ‘‘ADDRESSES’’ at the a State, local or tribal government, will be granted if the Administrator beginning of this document. unless the Federal government provides determines that the material submitted the funds necessary to pay the direct VII. Regulatory Assessment shows the following: There is genuine compliance costs incurred by those Requirements and substantial issue of fact; there is a governments. If the mandate is reasonable possibility that available A. Certain Acts and Executive Orders unfunded, EPA must provide to OMB a evidence identified by the requestor This final rule establishes a tolerance description of the extent of EPA’s prior would, if established, resolve one or under section 408(d) of the FFDCA in consultation with representatives of more of such issues in favor of the response to a petition submitted to the affected State, local, and tribal governments, the nature of their requestor, taking into account Agency. The Office of Management and uncontested claims or facts to the concerns, copies of any written Budget (OMB) has exempted these types contrary; and resolution of the factual communications from the governments, of actions from review under Executive issues in the manner sought by the and a statement supporting the need to Order 12866, entitled Regulatory requestor would be adequate to justify issue the regulation. In addition, Planning and Review (58 FR 51735, the action requested (40 CFR 178.32). Executive Order 12875 requires EPA to October 4, 1993). This final rule does Information submitted in connection develop an effective process permitting not contain any information collections with an objection or hearing request elected officials and other subject to OMB approval under the may be claimed confidential by marking representatives of State, local, and tribal Paperwork Reduction Act (PRA), 44 any part or all of that information as governments ‘‘to provide meaningful U.S.C. 3501 et seq., or impose any CBI. Information so marked will not be and timely input in the development of disclosed except in accordance with enforceable duty or contain any regulatory proposals containing procedures set forth in 40 CFR part 2. unfunded mandate as described under significant unfunded mandates.’’ A copy of the information that does not Title II of the Unfunded Mandates Today’s rule does not create an contain CBI must be submitted for Reform Act of 1995 (UMRA) (Pub. L. unfunded Federal mandate on State, inclusion in the public record. 104–4). Nor does it require any prior local, or tribal governments. The rule Information not marked confidential consultation as specficed by Executive does not impose any enforceable duties may be disclosed publicly by EPA Order 12875, entitled Enhancing the on these entities. Accordingly, the without prior notice. Intergovernmental Partnership (58 FR requirements of section 1(a) of 58093, October 28, 1993), or special Executive Order 12875 do not apply to VI. Public Record and Electronic considerations as required by Executive this rule. Submissions Order 12898, entitled Federal Actions to EPA has established a record for this Address Environmental Justice in C. Executive Order 13084 regulation under docket control number Minority Populations and Low-Income Under Executive Order 13084, [OPP–300839] (including any comments Populations (59 FR 7629, February 16, entitled Consultation and Coordination and data submitted electronically). A 1994), or require OMB review in with Indian Tribal Governments (63 FR public version of this record, including accordance with Executive Order 13045, 27655, May 19, 1998), EPA may not printed, paper versions of electronic entitled Protection of Children from issue a regulation that is not required by comments, which does not include any Environmental Health Risks and Safety statute, that significantly or uniquely information claimed as CBI, is available Risks (62 FR 19885, April 23, 1997). affects the communities of Indian tribal for inspection from 8:30 a.m. to 4 p.m., In addition, since tolerances and governments, and that imposes Monday through Friday, excluding legal exemptions that are established on the substantial direct compliance costs on holidays. The public record is located in basis of a petition under FFDCA section those communities, unless the Federal Room 119 of the Public Information and 408(d), such as the tolerance/exemption government provides the funds Records Integrity Branch, Information in this final rule, do not require the necessary to pay the direct compliance Resources and Services Division issuance of a proposed rule, the costs incurred by the tribal (7502C), Office of Pesticide Programs, requirements of the Regulatory governments. If the mandate is Environmental Protection Agency, Flexibility Act (RFA) (5 U.S.C. 601 et unfunded, EPA must provide OMB, in Crystal Mall #2, 1921 Jefferson Davis seq.) do not apply. Nevertheless, the a separately identified section of the Hwy., Arlington, VA. Agency previously assessed whether preamble to the rule, a description of Objections and hearing requests may establishing tolerances, exemptions the extent of EPA’s prior consultation be sent by e-mail directly to EPA at: from tolerances, raising tolerance levels with representatives of affected tribal [email protected]. or expanding exemptions might governments, a summary of the nature adversely impact small entities and of their concerns, and a statement E-mailed objections and hearing concluded, as a generic matter, that supporting the need to issue the requests must be submitted as an ASCII there is no adverse economic impact. regulation. In addition, Executive Order file avoiding the use of special The factual basis for the Agency’s 13084 requires EPA to develop an characters and any form of encryption. generic certification for tolerance effective process permitting elected The official record for this regulation, actions published on May 4, 1981 (46 officials and other representatives of as well as the public version, as FR 24950), and was provided to the Indian tribal governments ‘‘to provide described in this unit will be kept in Chief Counsel for Advocacy of the Small meaningful and timely input in the paper form. Accordingly, EPA will Business Administration. development of regulatory policies on transfer any copies of objections and matters that significantly or uniquely hearing requests received electronically B. Executive Order 12875 affect their communities.’’ into printed, paper form as they are Under Executive Order 12875, Today’s rule does not significantly or received and will place the paper copies entitled Enhancing the uniquely affect the communities of in the official record which will also Intergovernmental Partnership (58 FR Indian tribal governments. This action include all comments submitted directly 58093, October 28, 1993), EPA may not does not involve or impose any in writing. The official record is the issue a regulation that is not required by requirements that affect Indian tribes. paper record maintained at the Virginia statute and that creates a mandate upon Accordingly, the requirements of
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.023 pfrm02 PsN: 14APR1 18346 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations section 3(b) of Executive Order 13084 * * * * * A copy of objections and hearing do not apply to this rule. [FR Doc. 99–9060 Filed 4–13–99; 8:45 am] requests filed with the Hearing Clerk may also be submitted electronically by VIII. Submission to Congress and the BILLING CODE 6560±50±F sending electronic mail (e-mail) to: opp- Comptroller General [email protected]. Copies of electronic The Congressional Review Act, 5 ENVIRONMENTAL PROTECTION objections and hearing requests must be U.S.C. 801 et seq., as added by the Small AGENCY submitted as an ASCII file avoiding the Business Regulatory Enforcement use of special characters and any form Fairness Act of 1996, generally provides 40 CFR Part 180 of encryption. Copies of objections and that before a rule may take effect, the hearing requests will also be accepted Agency promulgating the rule must [OPP±300833; FRL±6073±3] on disks in WordPerfect 5.1/6.1 or submit a rule report, which includes a ASCII file format. All copies of RIN 2070±AB78 copy of the rule, to each House of the electronic objections and hearing Congress and the Comptroller General of Cyprodinil; Pesticide Tolerance for requests must be identified by the the United States. EPA will submit a Emergency Exemption docket control number [OPP-300833]. report containing this rule and other No Confidential Business Information required information to the U.S. Senate, AGENCY: Environmental Protection (CBI) should be submitted through e- the U.S. House of Representatives and Agency (EPA). mail. Copies of electronic objections and the Comptroller General of the United ACTION: Final rule. hearing requests on this rule may be States prior to publication of the rule in filed online at many Federal Depository the Federal Register. This rule is not a SUMMARY: This regulation establishes a Libraries. ‘‘major rule’’ as defined by 5 U.S.C. time-limited tolerance for residues of FOR FURTHER INFORMATION CONTACT: By 804(2). cyprodinil in or on strawberries. This mail: Stephen Schaible, Registration action is in response to EPA’s granting List of Subjects in 40 CFR Part 180 Division (7505C), Office of Pesticide of an emergency exemption under Programs, Environmental Protection Environmental protection, section 18 of the Federal Insecticide, Agency, 401 M St., SW., Washington, Administrative practice and procedure, Fungicide, and Rodenticide Act DC 20460. Office location, telephone Agricultural commodities, Pesticides authorizing use of the pesticide on number, and e-mail address: Rm. 271, and pests, Reporting and recordkeeping strawberries This regulation establishes Crystal Mall #2, 1921 Jefferson Davis requirements. a maximum permissible level for Hwy., Arlington, VA, 703–308–9362; Dated: March 30, 1999. residues of cyprodinil in this food [email protected]. commodity pursuant to section 408(l)(6) SUPPLEMENTARY INFORMATION: EPA, on James Jones, of the Federal Food, Drug, and Cosmetic its own initiative, pursuant to sections Act, as amended by the Food Quality Director, Registration Division, Office of 408 and (l)(6) of the Federal Food, Drug, Protection Act of 1996. The tolerance Pesticide Programs. and Cosmetic Act (FFDCA), 21 U.S.C. will expire and is revoked on May 31, Therefore, 40 CFR chapter I is 346a and (l)(6), is establishing a 2000. amended as follows: tolerance for residues of the fungicide DATES: This regulation is effective April cyprodinil, in or on strawberries at 5.0 PART 180±[AMENDED] 14, 1999. Objections and requests for part per million (ppm). This tolerance hearings must be received by EPA on or will expire and is revoked on May 31, 1. The authority citation for part 180 before June 14, 1999. continues to read as follows: 2000. EPA will publish a document in ADDRESSES: Written objections and the Federal Register to remove the Authority: 21 U.S.C. 321(q), 346a, and 371. hearing requests, identified by the revoked tolerance from the Code of docket control number [OPP–300833], 2. In § 180.482, in paragraph (a), by Federal Regulations. must be submitted to: Hearing Clerk alphabetically adding the following (1900), Environmental Protection I. Background and Statutory Findings commodities to the table: Agency, Rm. M3708, 401 M St., SW., The Food Quality Protection Act of § 180.482 Tebufenozide; tolerances for Washington, DC 20460. Fees 1996 (FQPA) (Pub. L. 104–170) was residues. accompanying objections and hearing signed into law August 3, 1996. FQPA requests shall be labeled ‘‘Tolerance amends both the Federal Food, Drug, (a) * * * Petition Fees’’ and forwarded to: EPA and Cosmetic Act (FFDCA), 21 U.S.C. Headquarters Accounting Operations 301 et seq., and the Federal Insecticide, Branch, OPP (Tolerance Fees), P.O. Box Fungicide, and Rodenticide Act 360277M, Pittsburgh, PA 15251. A copy (FIFRA), 7 U.S.C. 136 et seq. The FQPA Commodity Parts per mil- of any objections and hearing requests amendments went into effect lion filed with the Hearing Clerk identified immediately. Among other things, by the docket control number, [OPP- FQPA amends FFDCA to bring all EPA ******* 300833], must also be submitted to: pesticide tolerance-setting activities Fruiting Vegetables (Except 1.0 Public Information and Records under a new section 408 with a new cucurbits). Integrity Branch, Information Resources safety standard and new procedures. Head and stem Brassica 5.0 and Services Division (7502C), Office of These activities are described in this crop subgroup. Pesticide Programs, Environmental preeamble and discussed in greater Leafy Brassica greens crop 10.0 Protection Agency, 401 M St., SW., detail in the final rule establishing the subgroup. Washington, DC 20460. In person, bring time-limited tolerance associated with Leafy greens crop subgroup 10.0 a copy of objections and hearing the emergency exemption for use of Leaf petioles crop subgroup 2.0 requests to Rm. 119, Crystal Mall #2, propiconazole on sorghum (61 FR ******* 1921 Jefferson Davis Hwy., Arlington, 58135, November 13, 1996) (FRL–5572– VA. 9).
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New section 408(b)(2)(A)(i) of the especially for relatively resistant needs under FIFRA section 24(c). Nor FFDCA allows EPA to establish a varieties, such as Oso Grande. does this tolerance serve as the basis for tolerance (the legal limit for a pesticide However, a shift toward the usage of any State other than Florida to use this chemical residue in or on a food) only certain varieties of strawberries which pesticide on this crop under section 18 if EPA determines that the tolerance is have specific desirable attributes (i.e., of FIFRA without following all ‘‘safe.’’ Section 408(b)(2)(A)(ii) defines production, pest resistance or tolerance, provisions of EPA’s regulations ‘‘safe’’ to mean that ‘‘there is a etc.) but are more susceptible to gray implementing section 18 as identified in reasonable certainty that no harm will mold, the development of gray mold 40 CFR part 166. For additional result from aggregate exposure to the strains with resistance to iprodione, and information regarding the emergency pesticide chemical residue, including limitation of iprodione use on exemption for cyprodinil, contact the all anticipated dietary exposures and all strawberries recently instituted as part Agency’s Registration Division at the other exposures for which there is of the iprodione reregistration has address provided under the reliable information.’’ This includes resulted in a situation where growers ‘‘ADDRESSES’’ section. exposure through drinking water and in expect heavy losses without the residential settings, but does not include requested product, Switch (which III. Aggregate Risk Assessment and occupational exposure. Section contains the active ingredients Determination of Safety 408(b)(2)(C) requires EPA to give special cyprodinil and fludioxonil). EPA has EPA performs a number of analyses to consideration to exposure of infants and authorized under FIFRA section 18 the determine the risks from aggregate children to the pesticide chemical use of cyprodinil on strawberries for exposure to pesticide residues. For residue in establishing a tolerance and control of gray mold in Florida. After further discussion of the regulatory to ‘‘ensure that there is a reasonable having reviewed the submission, EPA requirements of section 408 and a certainty that no harm will result to concurs that emergency conditions exist complete description of the risk infants and children from aggregate for this state. assessment process, see the final rule on exposure to the pesticide chemical As part of its assessment of this Bifenthrin Pesticide Tolerances (62 FR residue. ’’ emergency exemption, EPA assessed the 62961, November 26, 1997) (FRL–5754– Section 18 of FIFRA authorizes EPA potential risks presented by residues of 7) . to exempt any Federal or State agency cyprodinil in or on strawberries. In Consistent with section 408(b)(2)(D), from any provision of FIFRA, if EPA doing so, EPA considered the safety EPA has reviewed the available determines that ‘‘emergency conditions standard in FFDCA section 408(b)(2), scientific data and other relevant exist which require such exemption.’’ and EPA decided that the necessary information in support of this action. This provision was not amended by tolerance under FFDCA section 408(l)(6) EPA has sufficient data to assess the FQPA. EPA has established regulations would be consistent with the safety hazards of cyprodinil and to make a governing such emergency exemptions standard and with FIFRA section 18. determination on aggregate exposure, in 40 CFR part 166. Consistent with the need to move consistent with section 408(b)(2), for a Section 408(l)(6) of the FFDCA quickly on the emergency exemption in time-limited tolerance for residues of requires EPA to establish a time-limited order to address an urgent non-routine cyprodinil on strawberries at 5.0 ppm. tolerance or exemption from the situation and to ensure that the resulting EPA’s assessment of the dietary requirement for a tolerance for pesticide food is safe and lawful, EPA is issuing exposures and risks associated with chemical residues in food that will this tolerance without notice and establishing the tolerance follows. result from the use of a pesticide under opportunity for public comment under an emergency exemption granted by section 408(e), as provided in section A. Toxicological Profile EPA under section 18 of FIFRA. Such 408(l)(6). Although this tolerance will EPA has evaluated the available tolerances can be established without expire and is revoked on May 31, 2000, toxicity data and considered its validity, providing notice or period for public under FFDCA section 408(l)(5), residues completeness, and reliability as well as comment. of the pesticide not in excess of the the relationship of the results of the Because decisions on section 18- amounts specified in the tolerance studies to human risk. EPA has also related tolerances must proceed before remaining in or on strawberries after considered available information EPA reaches closure on several policy that date will not be unlawful, provided concerning the variability of the issues relating to interpretation and the pesticide is applied in a manner that sensitivities of major identifiable implementation of the FQPA, EPA does was lawful under FIFRA, and the subgroups of consumers, including not intend for its actions on such residues do not exceed a level that was infants and children. The nature of the tolerances to set binding precedents for authorized by this tolerance at the time toxic effects caused by cyprodinil are the application of section 408 and the of that application. EPA will take action discussed in this unit. new safety standard to other tolerances to revoke this tolerance earlier if any and exemptions. experience with, scientific data on, or B. Toxicological Endpoint other relevant information on this 1. Acute toxicity. No effects that could II. Emergency Exemption for Cyprodinil pesticide indicate that the residues are be attributed to a single exposure (dose) on Strawberries and FFDCA Tolerances not safe. were observed in oral toxicity studies According to the Applicant, gray Because this tolerance is being including the developmental toxicity mold caused by Botrytis cinerea is one approved under emergency conditions studies in rats and rabbits. Therefore, a of the most severe problems limiting EPA has not made any decisions about dose and endpoint were not identified strawberry production in Florida. Gray whether cyprodinil meets EPA’s for acute dietary risk assessment. mold affects both flowers and fruit, registration requirements for use on 2. Short-and intermediate-term resulting in marketable yield losses. strawberries or whether a permanent toxicity. A no observed adverse effect Historically, gray mold has been tolerance for this use would be level (NOAEL) of 25 milligrams/ controlled with bloom sprays of Rovral appropriate. Under these circumstances, kilogram/day (mg/kg/day) was selected (iprodione) then weekly applications of EPA does not believe that this tolerance from the 21-day dermal rat study. The captan until harvest. This schedule has serves as a basis for registration of effect observed at the lowest adverse provided good control of gray mold, cyprodinil by a State for special local effect level (LOAEL) of 125 mg/kg/day
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.024 pfrm02 PsN: 14APR1 18348 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations in this study was hunched posture in No health advisory levels for cyprodinil use on any sites that would result in females. in drinking water have been established. non-occupational, non-dietary exposure; 3. Chronic toxicity. EPA has The Agency has calculated drinking therefore, such exposure is not expected established the Reference Dose (RfD) for water levels of comparison (DWLOCs) and not incorporated into EPA’s cyprodinil at 0.03 mg/kg/day. This RfD for chronic exposure to cyprodinil in aggregate risk assessment. is based on a NOAEL of 2.7 mg/kg/day surface and groundwater. A DWLOC is 4. Cumulative exposure to substances and an uncertainty factor of 100. The a theoretical upper limit on a pesticide’s with common mechanism of toxicity. NOAEL was taken from the chronic rat concentration in drinking water in light Section 408(b)(2)(D)(v) requires that, study; at the LOAEL of 35.6 mg/kg/day, of total aggregate exposure to a pesticide when considering whether to establish, effects observed were histopathological in food, drinking water, and through modify, or revoke a tolerance, the alterations in the liver spongiosis residential uses. Toxicity endpoints, Agency consider ‘‘available hepatis in males. default body weight (70 kg for males, 60 information’’ concerning the cumulative 4. Carcinogenicity. Cyprodinil is kg for females, and 10 kg for nursing effects of a particular pesticide’s classified as a ‘‘not likely’’ human infants < 1 year old) and default residues and ‘‘other substances that carcinogen, based on the lack of drinking water consumption estimates have a common mechanism of toxicity.’’ evidence of carcinogenicity in mice and (2 L/day for adults, 1 L/day for nursing EPA does not have, at this time, rats at doses that were judged to be infants) are used to calculate the actual available data to determine whether adequate to assess the carcinogenic DWLOCs. The DWLOC represents the cyprodinil has a common mechanism of potential. concentration level in surface water or toxicity with other substances or how to include this pesticide in a cumulative C. Exposures and Risks groundwater at which aggregate exposure to the chemical is not of risk assessment. Unlike other pesticides 1. From food and feed uses. concern. for which EPA has followed a Tolerances have been established (40 Using the SCI-GROW screening cumulative risk approach based on a CFR 180.532) for the residues of model, the Agency calculated an common mechanism of toxicity, cyprodinil, in or on a variety of raw Estimated Environmental Concentration cyprodinil does not appear to produce agricultural commodities. Mention any (EEC) of cyprodinil in groundwater for a toxic metabolite produced by other tolerances of special relevance and use in human health risk assessments. substances. For the purposes of this meat, milk, poultry and egg tolerances, This value represents an upper bound tolerance action, therefore, EPA has not if applicable. Risk assessments were estimate of the concentration of assumed that cyprodinil has a common conducted by EPA to assess dietary cyprodinil that might be found in mechanism of toxicity with other exposures and risks from cyprodinil as groundwater assuming the maximum substances. For more information follows: application rate allowed on the label of regarding EPA’s efforts to determine i. Acute exposure and risk. Acute the highest use pattern. which chemicals have a common dietary risk assessments are performed The Agency used the PRZM-EXAMS mechanism of toxicity and to evaluate for a food-use pesticide if a toxicological model to estimate EECs for cyprodinil in the cumulative effects of such study has indicated the possibility of an surface water. PRZM-EXAMS is a more chemicals, see the final rule for effect of concern occurring as a result of refined Tier II assessment. The EECs Bifenthrin Pesticide Tolerances (62 FR a 1-day or single exposure. In this case, from these models are compared to the 62961, November 26, 1997). an acute risk assessment was not DWLOCs to make the safety D. Aggregate Risks and Determination of conducted. No effects that could be determination. attributed to a single exposure (dose) i. Acute exposure and risk. This risk Safety for U.S. Population were observed in oral toxicity studies assessment was not conducted. No 1. Acute risk. This risk assessment including the developmental toxicity effects that could be attributed to a was not conducted. No effects that studies in rats and rabbits. Therefore, a single exposure (dose) were observed in could be attributed to a single exposure dose and endpoint were not identified oral toxicity studies including the (dose) were observed in oral toxicity for acute dietary risk assessment. developmental toxicity studies in rats studies including the developmental ii. Chronic exposure and risk. and rabbits. Therefore, a dose and toxicity studies in rats and rabbits. Tolerance level residues and 100% crop endpoint were not identified for acute Therefore, a dose and endpoint were not treated were assumed to calculate dietary risk assessment. identified for acute dietary risk dietary exposure for the U.S. population ii. Chronic exposure and risk. Using assessment. and population subgroups from residues the SCI-GROW model, the maximum 2. Chronic risk. Using the TMRC on published and proposed uses. long-term estimated concentration in exposure assumptions described in this Chronic exposure from food uses of groundwater is not expected to exceed unit, EPA has concluded that aggregate cyprodinil represents 6% of the RfD for 0.04 parts per billion (ppb). The chronic exposure to cyprodinil from food will the U.S. population and 21% of the RfD estimated concentration in surface utilize 6% of the RfD for the U.S. for nursing infants (< 1 yr), the subgroup water, using the PRZM-EXAMS model, population. The major identifiable most highly exposed. is 51 ppb. The DWLOC for the U.S. subgroup with the highest aggregate 2. From drinking water. Cyprodinil is population was calculated to be 995 exposure is nursing infants less than 1 considered to be persistent in water and ppb; the DWLOC for the most sensitive year of age (discussed below). EPA mobile in most soils; under most subgroup, nursing infants < 1 yr. old, generally has no concern for exposures conditions though, cyprodinil will have was 236 ppb. As concentrations of below 100% of the RfD because the RfD a low potential for movement into cyprodinil in groundwater and surface represents the level at or below which groundwater at high concentrations. water do not exceed the calculated daily aggregate dietary exposure over a There is potential for cyprodinil to DWLOCs, the Agency concludes with lifetime will not pose appreciable risks contaminate surface water as runoff and reasonable certainty that chronic to human health. Estimated chronic as a sorbed species through erosion of exposure to cyprodinil in drinking environmental concentrations of soil particles. There is no established water is not of concern. cyprodinil in surface water and Maximum Contaminant Level (MCL) for 3. From non-dietary exposure. groundwater do not exceed chronic residues of cyprodinil in drinking water. Cyprodinil is currently not registered for DWLOCs calculated by the Agency;
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.024 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18349 therefore, EPA does not expect the when the severity of the effect in infants 3. Chronic risk. Using the exposure aggregate exposure to exceed 100% of or children or the potency or unusual assumptions described in this unit, EPA the RfD. toxic properties of a compound do not has concluded that aggregate exposure 3. Short- and intermediate-term risk. raise concerns regarding the adequacy of to cyprodinil from food will utilize 21% Short- and intermediate-term aggregate the standard MOE/safety factor. of the RfD for nursing infants less than exposure takes into account chronic ii. Developmental toxicity studies. In one year old, the infant and children dietary food and water (considered to be the rat developmental study, the subgroup most highly exposed. EPA a background exposure level) plus maternal NOAEL was 200 mg/kg/day, generally has no concern for exposures indoor and outdoor residential based on decreased body weight, body below 100% of the RfD because the RfD exposure. weight gain, and food consumption at represents the level at or below which There are no registered uses of this the LOAEL of 1,000 mg/kg/day. The daily aggregate dietary exposure over a chemical that would result in non- developmental NOAEL was 200 mg/kg/ lifetime will not pose appreciable risks dietary, non-occupational exposure. day, based on increased incidence of to human health. Because the chronic This risk assessment was not conducted. skeletal variations (primarily absent or DWLOCs are not exceeded by estimated 4. Aggregate cancer risk for U.S. reduced ossification of the metacarpal) chronic environmental concentrations population. Cyprodinil is classified as a and on decreased mean fetal weight at in groundwater or surface water, EPA ‘‘not likely’’ human carcinogen, based the LOAEL of 1,000 mg/kg/day. In the does not expect the aggregate exposure on the lack of evidence of rabbit developmental toxicity study, the to exceed 100% of the RfD. carcinogenicity in mice and rats at doses maternal NOAEL was 150 mg/kg/day, 4. Short- or intermediate-term risk. that were judged to be adequate to based on decreased body weight gain at There are no residential uses for this assess the carcinogenic potential. This the LOAEL of 400 mg/kg/day. The chemical; this risk assessment is not risk assessment is not required. developmental NOAEL was 150 mg/kg/ required. 5. Determination of safety. Based on day and the LOAEL was 400 mg/kg/day, 5. Determination of safety. Based on these risk assessments, EPA concludes based on increased incidence of 13th these risk assessments, EPA concludes that there is a reasonable certainty that rib. that there is a reasonable certainty that no harm will result from aggregate iii. Reproductive toxicity study. In the no harm will result to infants and exposure to cyprodinil residues. 2-generation reproductive toxicity study children from aggregate exposure to E. Aggregate Risks and Determination of in rats, the parental NOAEL was 81 mg/ cyprodinil residues. kg/day, based on decreased parental Safety for Infants and Children IV. Other Considerations female premating body weight gain at 1. Safety factor for infants and the LOAEL of 326 mg/kg/day. The A. Metabolism In Plants and Animals children— i. In general. In assessing the Agency considers significant increases The nature of the residue in plants is potential for additional sensitivity of in kidney and liver weight at the 326 infants and children to residues of understood based on metabolism mg/kg/day dose as supportive evidence studies in stone fruit, pome fruit, wheat, cyprodinil, EPA considered data from of toxicity. The reproductive/ developmental toxicity studies in the rat tomatoes and potatoes. The residue of developmental NOAEL was 81 mg/kg/ concern is parent cyprodinil only. There and rabbit and a 2-generation day and the LOAEL was 326 mg/kg/day, are no animal feed items associated with reproduction study in the rat. The based on decreased F1 and F2 pup the strawberry use; data on the nature of developmental toxicity studies are weight during lactation and continuing the residue in animals are not required designed to evaluate adverse effects on into adulthood for F1 rats. for the section 18 action or the the developing organism resulting from iv. Pre- and post-natal sensitivity. The establishment of this tolerance. maternal pesticide exposure during toxicological data base for evaluating gestation. Reproduction studies provide pre- and post-natal toxicity for B. Analytical Enforcement Methodology information relating to effects from cyprodinil is complete with respect to Adequate enforcement methodology exposure to the pesticide on the current data requirements. There are no (HPLC) is available to enforce the reproductive capability of mating pre- or post-natal toxicity concerns for tolerance expression; OPP concludes animals and data on systemic toxicity. infants and children, based on the that the method will be suitable for FFDCA section 408 provides that EPA results of the rat and rabbit enforcement purposes once revisions shall apply an additional tenfold margin developmental toxicity studies and the recommended by the Analytical of safety for infants and children in the 2-generation rat reproductive toxicity Chemistry Laboratory (ACL) are case of threshold effects to account for study. incorporated. The method may be pre-and post-natal toxicity and the v. Conclusion. There is a complete requested from: Calvin Furlow, PRRIB, completeness of the database unless toxicity database for cyprodinil and IRSD (7502C), Office of Pesticide EPA determines that a different margin exposure data is complete or is Programs, Environmental Protection of safety will be safe for infants and estimated based on data that reasonably Agency, 401 M St., SW., Washington, children. Margins of safety are accounts for potential exposures. The DC 20460. Office location and telephone incorporated into EPA risk assessments Agency determined that for cyprodinil, number: Rm 101FF, Crystal Mall #2, either directly through use of a margin the 10x factor to account for enhanced 1921 Jefferson Davis Hwy., Arlington, of exposure (MOE) analysis or through sensitivity of infants and children VA, (703) 305–5229. using uncertainty (safety) factors in should be removed. calculating a dose level that poses no 2. Acute risk. This risk assessment C. Magnitude of Residues appreciable risk to humans. EPA was not conducted. No effects that Residues of cyprodinil are not believes that reliable data support using could be attributed to a single exposure expected to exceed 5.0 ppm in the standard MOE and uncertainty (dose) were observed in oral toxicity strawberries as a result of the proposed factor (usually 100 for combined inter- studies including the developmental section 18 use. and intra-species variability) and not the toxicity studies in rats and rabbits. additional tenfold MOE/uncertainty Therefore, a dose and endpoint were not D. International Residue Limits factor when EPA has a complete data identified for acute dietary risk There are no Codex, Canadian, or base under existing guidelines and assessment. Mexican residue limits established for
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.024 pfrm02 PsN: 14APR1 18350 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations cyprodinil on strawberries. Therefore, Information Resources and Services The official record for this regulation, no compatibility problems exist for the Division (7502C), Office of Pesticide as well as the public version, as proposed tolerance. Programs, Environmental Protection described in this unit will be kept in Agency, 401 M St., SW., Washington, paper form. Accordingly, EPA will E. Rotational Crop Restrictions DC 20460. transfer any copies of objections and No rotational crop study was If a hearing is requested, the hearing requests received electronically submitted with the petition for use of objections must include a statement of into printed, paper form as they are cyprodinil on strawberries. As the factual issues on which a hearing is received and will place the paper copies strawberries are considered to be a requested, the requestor’s contentions in the official record which will also rotated crop, treated crop acreage shall on such issues, and a summary of any include all comments submitted directly be rotated to strawberries only. evidence relied upon by the requestor in writing. The official record is the V. Conclusion (40 CFR 178.27). A request for a hearing paper record maintained at the Virginia will be granted if the Administrator address in ‘‘ADDRESSES’’ at the Therefore, the tolerance is established determines that the material submitted beginning of this document. for residues of cyprodinil in shows the following: There is genuine strawberries at 5.0 ppm. VIII. Regulatory Assessment and substantial issue of fact; there is a Requirements VI. Objections and Hearing Requests reasonable possibility that available The new FFDCA section 408(g) evidence identified by the requestor A. Certain Acts and Executive Orders provides essentially the same process would, if established, resolve one or This final rule establishes a tolerance for persons to ‘‘object’’ to a tolerance more of such issues in favor of the under section 408 of the FFDCA. The regulation as was provided in the old requestor, taking into account Office of Management and Budget section 408 and in section 409. uncontested claims or facts to the (OMB) has exempted these types of However, the period for filing objections contrary; and resolution of the factual actions from review under Executive is 60 days, rather than 30 days. EPA issues in the manner sought by the Order 12866, entitled Regulatory currently has procedural regulations requestor would be adequate to justify Planning and Review (58 FR 51735, which govern the submission of the action requested (40 CFR 178.32). October 4, 1993). This final rule does objections and hearing requests. These Information submitted in connection not contain any information collections regulations will require some with an objection or hearing request subject to OMB approval under the modification to reflect the new law. may be claimed confidential by marking Paperwork Reduction Act (PRA), 44 However, until those modifications can any part or all of that information as U.S.C. 3501 et seq., or impose any be made, EPA will continue to use those CBI. Information so marked will not be enforceable duty or contain any procedural regulations with appropriate disclosed except in accordance with unfunded mandate as described under adjustments to reflect the new law. procedures set forth in 40 CFR part 2. Title II of the Unfunded Mandates Any person may, by June 14, 1999, A copy of the information that does not Reform Act of 1995 (UMRA) (Pub. L. file written objections to any aspect of contain CBI must be submitted for 104–4). Nor does it require any prior this regulation and may also request a inclusion in the public record. consultation as specficed by Executive hearing on those objections. Objections Information not marked confidential Order 12875, entitled Enhancing the and hearing requests must be filed with may be disclosed publicly by EPA Intergovernmental Partnership (58 FR the Hearing Clerk, at the address given without prior notice. 58093, October 28, 1993), or special under the ‘‘ADDRESSES’’ section (40 VII. Public Record and Electronic considerations as required by Executive CFR 178.20). A copy of the objections Submissions Order 12898, entitled Federal Actions to and/or hearing requests filed with the Address Environmental Justice in Hearing Clerk should be submitted to EPA has established a record for this Minority Populations and Low-Income the OPP docket for this rulemaking. The regulation under docket control number Populations (59 FR 7629, February 16, objections submitted must specify the [OPP–300833] (including any comments 1994), or require OMB review in provisions of the regulation deemed and data submitted electronically). A accordance with Executive Order 13045, objectionable and the grounds for the public version of this record, including entitled Protection of Children from objections (40 CFR 178.25). Each printed, paper versions of electronic Environmental Health Risks and Safety objection must be accompanied by the comments, which does not include any Risks (62 FR 19885, April 23, 1997). fee prescribed by 40 CFR 180.33(i). EPA information claimed as CBI, is available In addition, since tolerances and is authorized to waive any fee for inspection from 8:30 a.m. to 4 p.m., exemptions that are established on the requirement ‘‘when in the judgement of Monday through Friday, excluding legal basis of a petition under FFDCA section the Administrator such a waiver or holidays. The public record is located in 408(l)(6), such as the tolerance in this refund is equitable and not contrary to Room 119 of the Public Information and final rule, do not require the issuance of the purpose of this subsection.’’ For Records Integrity Branch, Information a proposed rule, the requirements of the additional information regarding Resources and Services Division Regulatory Flexibility Act (RFA) (5 tolerance objection fee waivers, contact (7502C), Office of Pesticide Programs, U.S.C. 601 et seq.) do not apply. James Tompkins, Registration Division Environmental Protection Agency, Nevertheless, the Agency previously (7505C), Office of Pesticide Programs, Crystal Mall #2, 1921 Jefferson Davis assessed whether establishing Environmental Protection Agency, 401 Hwy., Arlington, VA. tolerances, exemptions from tolerances, M St., SW., Washington, DC 20460. Objections and hearing requests may raising tolerance levels or expanding Office location, telephone number, and be sent by e-mail directly to EPA at: exemptions might adversely impact e-mail address: Rm. 239, Crystal Mall [email protected]. small entities and concluded, as a #2, 1921 Jefferson Davis Hwy., generic matter, that there is no adverse Arlington, VA, (703) 305–5697, E-mailed objections and hearing economic impact. The factual basis for [email protected]. Requests for requests must be submitted as an ASCII the Agency’s generic certification for waiver of tolerance objection fees file avoiding the use of special tolerance actions published on May 4, should be sent to James Hollins, characters and any form of encryption. 1981 (46 FR 24950), and was provided
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.024 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18351 to the Chief Counsel for Advocacy of the meaningful and timely input in the Small Business Administration. development of regulatory policies on matters that significantly or uniquely Parts Expiration/ B. Executive Order 12875 affect their communities.’’ Commodity per mil- revocation Under Executive Order 12875, Today’s rule does not significantly or lion date entitled Enhancing the uniquely affect the communities of Strawberries ...... 5.0 5/31/00 Intergovernmental Partnership (58 FR Indian tribal governments. This action 58093, October 28, 1993), EPA may not does not involve or impose any * * * * * issue a regulation that is not required by requirements that affect Indian tribes. statute and that creates a mandate upon Accordingly, the requirements of [FR Doc. 99–9059 Filed 4-13-99; 8:45 am] a State, local or tribal government, section 3(b) of Executive Order 13084 BILLING CODE 6560±50±F unless the Federal government provides do not apply to this rule. the funds necessary to pay the direct compliance costs incurred by those IX. Submission to Congress and the ENVIRONMENTAL PROTECTION governments. If the mandate is Comptroller General AGENCY unfunded, EPA must provide to OMB a The Congressional Review Act, 5 description of the extent of EPA’s prior U.S.C. 801 et seq., as added by the Small 40 CFR Part 180 consultation with representatives of Business Regulatory Enforcement [OPP±300829; FRL 6072±2] affected State, local, and tribal Fairness Act of 1996, generally provides governments, the nature of their that before a rule may take effect, the RIN 2070±AB78 concerns, copies of any written Agency promulgating the rule must communications from the governments, submit a rule report, which includes a Fluthiacet-methyl; Pesticide Tolerance and a statement supporting the need to copy of the rule, to each House of the AGENCY: Environmental Protection Congress and the Comptroller General of issue the regulation. In addition, Agency (EPA). Executive Order 12875 requires EPA to the United States. EPA will submit a develop an effective process permitting report containing this rule and other ACTION: Final rule. required information to the U.S. Senate, elected officials and other SUMMARY: This regulation establishes a the U.S. House of Representatives and representatives of State, local, and tribal tolerance for residues of fluthiacet- the Comptroller General of the United governments ‘‘to provide meaningful methyl in or on soybean seed. Novartis States prior to publication of the rule in and timely input in the development of Crop Protection, Inc. requested this the Federal Register. This rule is not a regulatory proposals containing tolerance under the Federal Food, Drug, ‘‘major rule’’ as defined by 5 U.S.C. significant unfunded mandates.’’ and Cosmetic Act, as amended by the Today’s rule does not create an 804(2). Food Quality Protection Act of 1996. unfunded Federal mandate on State, List of Subjects in 40 CFR Part 180 local, or tribal governments. The rule DATES: This regulation is effective April does not impose any enforceable duties Environmental protection, 14, 1999. Objections and requests for on these entities. Accordingly, the Administrative practice and procedure, hearings must be received by EPA on or requirements of section 1(a) of Agricultural commodities, Pesticides before June 14, 1999. Executive Order 12875 do not apply to and pests, Reporting and recordkeeping ADDRESSES: Written objections and this rule. requirements. hearing requests, identified by the Dated: April 2, 1999. docket control number, [OPP–300829], C. Executive Order 13084 must be submitted to: Hearing Clerk Under Executive Order 13084, Donald Stubbs, (1900), Environmental Protection entitled Consultation and Coordination Acting Director, Registration Division, Office Agency, Rm. M3708, 401 M St., SW., with Indian Tribal Governments (63 FR of Pesticide Programs. Washington, DC 20460. Fees 27655, May 19, 1998), EPA may not Therefore, 40 CFR chapter I is accompanying objections and hearing issue a regulation that is not required by amended as follows: requests shall be labeled ‘‘Tolerance statute, that significantly or uniquely Petition Fees’’ and forwarded to: EPA PART 180Ð[AMENDED] affects the communities of Indian tribal Headquarters Accounting Operations governments, and that imposes 1. The authority citation for part 180 Branch, OPP (Tolerance Fees), P.O. Box substantial direct compliance costs on continues to read as follows: 360277M, Pittsburgh, PA 15251. A copy those communities, unless the Federal Authority: 21 U.S.C. 321(q), 346a, and 371. of any objections and hearing requests government provides the funds filed with the Hearing Clerk identified by the docket control number, [OPP– necessary to pay the direct compliance 2. In §180.532, by revising paragraph 300829], must also be submitted to: costs incurred by the tribal (b) to read as follows: governments. If the mandate is Public Information and Records unfunded, EPA must provide OMB, in §180.532 Cyprodinil; tolerances for Integrity Branch, Information Resources a separately identified section of the residues. and Services Division (7502C), Office of preamble to the rule, a description of * * * * * Pesticide Programs, Environmental the extent of EPA’s prior consultation (b) Section 18 emergency exemptions. Protection Agency, 401 M St., SW., with representatives of affected tribal Time-limited tolerances are established Washington, DC 20460. In person, bring governments, a summary of the nature for residues of the fungicide cyprodinil a copy of objections and hearing of their concerns, and a statement (4-cyclopropyl-6-methyl-N-phenyl-2- requests to Rm. 119, Crystal Mall #2, supporting the need to issue the pyrimidinamine) in connection with use 1921 Jefferson Davis Hwy., Arlington, regulation. In addition, Executive Order of the pesticide under section 18 VA. 13084 requires EPA to develop an emergency exemptions granted by EPA. A copy of objections and hearing effective process permitting elected The tolerances will expire and are requests filed with the Hearing Clerk officials and other representatives of revoked on the dates specified in the may be submitted electronically by Indian tribal governments ‘‘to provide following table: sending electronic mail (e-mail) to: opp-
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.024 pfrm02 PsN: 14APR1 18352 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations [email protected]. Copies of objections exposure through drinking water and in males and 1.6 mg/kg/day for females) and hearing requests must be submitted residential settings, but does not include and a LOAEL of 500 ppm (66 mg/kg/day as an ASCII file avoiding the use of occupational exposure. Section for males and 83 mg/kg/day for females) special characters and any form of 408(b)(2)(C) requires EPA to give special based on effects on the erythropoietic encryption. Copies of objections and consideration to exposure of infants and system and the liver. hearing requests will also be accepted children to the pesticide chemical 4. A 6-week dog dietary study with a on disks in WordPerfect 5.1/6.1 or residue in establishing a tolerance and NOAEL of 236 mg/kg/day for males and ASCII file format. All copies of to ‘‘ensure that there is a reasonable 77.7 mg/kg/day for females and a objections and hearing requests in certainty that no harm will result to LOAEL of 709 mg/kg/day for males and electronic form must be identified by infants and children from aggregate 232 mg/kg/day for females based on the docket control number [OPP– exposure to the pesticide chemical decreased body weight gain. 300829]. No Confidential Business residue.’’ 5. A 28-day rat dermal study with a Information (CBI) should be submitted EPA performs a number of analyses to NOAEL of 1,000 mg/kg/day, the highest through e-mail. Electronic copies of determine the risks from aggregate dose tested (HDT). objections and hearing requests on this exposure to pesticide residues. For 6. A 1-year dog chronic feeding study rule may be filed online at many Federal further discussion of the regulatory with a NOAEL of 57.6 mg/kg/day in Depository Libraries. requirements of section 408 and a males and 30.3 mg/kg/day for females FOR FURTHER INFORMATION CONTACT: By complete description of the risk and a LOAEL of 582 mg/kg/day for mail: James A. Tompkins, Registration assessment process, see the final rule on males and 145 mg/kg/day for females Division (7505C), Office of Pesticide Bifenthrin Pesticide Tolerances (62 FR based on effects observed in the Programs, Environmental Protection 62961, November 26, 1997) (FRL–5754– erythropoietic system and the liver. Agency, 401 M St., SW., Washington, 7). 7. A rat chronic feeding/ DC 20460. Office location, telephone II. Aggregate Risk Assessment and carcinogenicity study with a NOAEL for number, and e-mail address: Rm. 239, Determination of Safety systemic toxicity of 50 ppm (2.1 mg/kg/ Crystal Mall #2, 1921 Jefferson Davis day in males and 2.5 mg/kg/day in Consistent with section 408(b)(2)(D), Hwy., Arlington, VA, 703–305–5697; females) and a LOAEL for systemic EPA has reviewed the available [email protected]. toxicity of 3,000 ppm (130 mg/kg/day in scientific data and other relevant males and 154 mg/kg/day in females) SUPPLEMENTARY INFORMATION: In the information in support of this action. based on decreased body weights, liver Federal Register of March 26, 1997 (62 EPA has sufficient data to assess the toxicity, pancreatic toxicity and FR 14426) (FRL–5595–6), EPA issued a hazards of fluthiacet-methyl and to microcytic anemia in males; and liver notice pursuant to section 408 of the make a determination on aggregate toxicity, uterine toxicity and slight Federal Food, Drug, and Cosmetic Act exposure, consistent with section microcytic anemia in females. In males (FFDCA), 21 U.S.C. 346a as amended by 408(b)(2), for a tolerance for residues of only at 3,000 and 5,000 ppm (130 and the Food Quality Protection Act of 1996 fluthiacet-methyl on soybean seed at 219 mg/kg/day, respectively) there was (FQPA) (Pub. L. 104–170) announcing 0.01 ppm. EPA’s assessment of the an increase in the trend toward the filing of a pesticide petition (PP) dietary exposures and risks associated pancreatic exocrine adenomas and 6F4614, for tolerance by Novartis Crop with establishing the tolerance follows. Protection, Inc., P.O. Box 18300, pancreatic islet cell adenomas. Greensboro, NC 27419. This notice A. Toxicological Profile 8. A mouse carcinogenicity study included a summary of the petition EPA has evaluated the available with a NOAEL for systemic toxicity of prepared by Novartis Crop Protection, toxicity data and considered its validity, 1 ppm (0.1 mg/kg/day in males and Inc., the registrant. There were no completeness, and reliability as well as females) and a LOAEL for systemic comments received in response to the the relationship of the results of the toxicity of 10 ppm (1.0 mg/kg/day in notice of filing. studies to human risk. EPA has also males and 1.2 mg/kg/day in females) The petition requested that 40 CFR considered available information based on non-neoplastic liver findings. part 180 be amended by establishing a concerning the variability of the In males (and possibly females) at 100 tolerance for residues of the herbicide, sensitivities of major identifiable (10 mg/kg/day for males and 12 mg/kg/ fluthiacet-methyl, acetic acid [[2-chloro- subgroups of consumers, including day for females) and 300 ppm (32 mg/ 4-fluoro-5-[(tetrahydro-3-oxo-1H,3H- infants and children. The nature of the kg/day for males and 37 mg /kg/day for [1,3,4]thiadiazolo[3,4-α]pyridazin-1- toxic effects caused by fluthiacet-methyl females) there was an increase in the ylidene)amino]phenyl]thio]-methyl are discussed in this unit. number of mice with hepatocellular ester, in or on soybeans at 0.01 part per 1. A rat acute oral study with a LD50 adenomas, carcinomas and/or million (ppm). greater than (>) 5,000 milligrams (mg)/ adenomas/carcinomas. kilogram (kg) for males and females. 9. A 2-generation rat reproduction I. Background and Statutory Findings 2. A 90-day rat feeding study with a study with a parental systemic NOAEL Section 408(b)(2)(A)(i) of the FFDCA no observed adverse effect level of 25 ppm (1.59 mg/kg/day for males allows EPA to establish a tolerance (the (NOAEL) of 100 ppm 6.19 mg/kg/day for and 1.73 mg/kg/day for females) and a legal limit for a pesticide chemical males and 6.80 mg/kg/day for females systemic LOAEL of 500 ppm (31.8 mg/ residue in or on a food) only if EPA and a lowest observed adverse effect kg/day for males and 35.2 mg/kg/day for determines that the tolerance is ‘‘safe.’’ level (LOAEL) of 3,500 ppm 216 mg/kg/ females) based on reduction in male Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to day for males and 249 mg/kg/day for body weights/gains and hepatic mean that ‘‘there is a reasonable females based on decreased body weight pathology; and the reproductive NOAEL certainty that no harm will result from gains as well as effects on hematology, of 500 ppm (31.8 mg/kg/day for males aggregate exposure to the pesticide clinical chemistry, urinalysis and 37.1 mg/kg/day for females) and the chemical residue, including all parameters, liver weights and reproductive LOAEL of 5,000 ppm (313 anticipated dietary exposures and all microscopic pathology. mg/kg/day for males and 388 mg/kg/day other exposures for which there is 3. A 90-day mouse feeding study with for females) based on decreases in mean reliable information.’’ This includes a NOAEL of 10 ppm (1.3 mg/kg/day for litter body weights.
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10. A rat developmental study with a B. Toxicological Endpoints percent of food treated (PCT) for maternal NOAEL and reproductive 1. Acute toxicity. EPA could not assessing chronic dietary risk only if the NOAEL equal to or greater than 1,000 identify any toxicological effects that Agency can make the following mg/kg/day HDT. could be attributable to a single oral findings: That the data used are reliable 11. A rabbit developmental study exposure (dose) in any of the available and provide a valid basis to show what with a maternal and developmental toxicological studies. percentage of the food derived from NOAEL of 1,000 mg/kg/day HDT and 2. Short- and intermediate-term such crop is likely to contain such with a developmental NOAEL of 300 toxicity. EPA could not identify any pesticide residue; that the exposure mg/kg/day and with a developmental toxicological effects that could be estimate does not underestimate LOAEL of 1,000 mg/kg/day based on attributable to short- or intermediate- exposure for any significant slight non-significant increased term dietary exposure . subpopulation group; and if data are incidence of irregularly shaped 3. Chronic toxicity. EPA has available on pesticide use and food sternebrae attributed to a delay in fetal established the RfD for fluthiacet-methyl consumption in a particular area, the development. at 0.001 mg/kg/day. This Reference Dose exposure estimate does not understate 12. An acute rat neurotoxicity study (RfD) is based on the NOAEL of 0.1 mg/ exposure for the population in such with a NOAEL of 2,000 mg/kg HDT. kg/day in the mouse carcinogenicity area. In addition, the Agency must 13. A rat subchronic neurotoxicity study and using an uncertainty factor of provide for periodic evaluation of any study with a systemic NOAEL of 10 100 (10x for inter-species extrapolation, estimates used. To provide for the ppm (0.576 mg/kg/day) in males and 10x for intra-species variability). The periodic evaluation of the estimate of 20,000 ppm (1,354 mg/kg/day), HDT in LOAEL in this study, 1.0 and 1.2 mg/kg/ percent of crop treated as required by females and a systemic LOAEL of day for males and females, respectively, the section 408(b)(2)(F), EPA may 10,000 (556 mg/kg/day) in males based was based on non-neoplastic liver require registrants to submit data on on decreased body weight and food findings (centrilobular necrosis, PCT. consumption and with a neurotoxicity centrilobular cell degeneration, The Agency used PCT information as NOAEL of 20,000 ppm (1,128 mg/kg/ histiocytic pigmentation and follows: day for males and 1,354 mg/kg/day for karyomegaly). A chronic exposure analysis for females), HDT. 4. Carcinogenicity. The Health Effects soybeans was conducted assuming 25% 14. Fluthiacet-methyl was negative for Division Cancer Assessment Review of the soybean crop is treated. EPA mutagenic/genotoxic effects in bacterial Committee has classified fluthiacet- estimates that 25% of the total soybeans or cultured mammalian cells and did methyl in accordance with the Agency’s crop acres will not be exceeded by this not cause DNA damage in bacterial or Proposed Guidelines for Carcinogen new broadleaf herbicide within the next primary rat hepatocytes. In vitro Risk Assessment (April 10, 1996) as 5 years. cytogenetic assays performed with two ‘‘likely to be a human carcinogen.’’ The Agency believes that the three different mammalian cell lines Evidence for carcinogenicity was conditions, discussed in section 408 demonstrated that fluthiacet-methyl is demonstrated by the presence of (b)(2)(F) in this unit concerning the clastogenic both in the presence and pancreatic tumors (exocrine adenomas, Agency’s responsibilities in assessing absence of S9 activation. Although the islet cell adenomas and combined islet chronic dietary risk findings, have been test substance is negative for cell adenomas + carcinomas) in male met. EPA finds that the PCT information micronuclei induction in mouse bone rats and liver tumors (adenomas and is reliable and has a valid basis. Before marrow, a significant increase in combined adenomas + carcinomas) in the petitioner can increase production micronuclei is seen in stimulated rat male and female mice. The Committee of product for treatment of greater than liver cells following in vivo exposure. recommended a linear low-dose 25% of total soybean acres, permission 15. Based on the results of the rat approach (Q1*) for human from the Agency must be obtained. The metabolism studies, fluthiacet-methyl characterization and determined that regional consumption information and was absorbed rapidly at both the low extrapolation should be based on the consumption information for significant and high dose for both male and female combined hepatocellular tumors subpopulations is taken into account rats. Repeated oral dosing had no effect (adenomas and carcinomas) in male through EPA’s computer-based model on extent of absorption. Tissue levels of mice. for evaluating the exposure of 14C-fluthiacet-methyl derived significant subpopulations including radioactivity in the single and repeated C. Exposures and Risks several regional groups. Use of this low dose groups did not exceed 0.018 1. From food and feed uses. The consumption information in EPA’s risk ppm for any tissue. At the single high proposed tolerance in or on the raw assessment process ensures that EPA’s dose, female rats showed higher levels agricultural commodity: soybean seed at exposure estimate does not understate of 14C-fluthiacet-methyl derived 0.01 ppm is the first to be established exposure for any significant radioactivity in tissues than males for residues of the herbicide, fluthiacet- subpopulation group and allows the except for muscle, brain, fat and plasma. methyl, acetic acid, [[2-chloro-4-fluoro- Agency to be reasonably certain that no Excretion in males was predominantly 5-[(tetrahydro-3-oxo-1H,3H- regional population is exposed to in feces for all dose groups, with [1,3,4]thiadiazolo[3,4-α]pyridazin-1- residue levels higher than those between 67–87% of administered ylidene)amino]phenyl]thio]-methyl estimated by the Agency. Other than the radioactivity excreted by this route. In ester. There is no reasonable expectation data available through national food females, the percentage of administered of residues of fluthiacet-methyl consumption surveys, EPA does not radioactivity in urine across all dose occurring in meat, milk, poultry, or eggs have available information on the groups 40–48% was approximately from its use on soybeans. Risk consumption of food bearing fluthiacet- equivalent to the percent excreted in assessments were conducted by EPA to methyl in a particular area. feces 39–52%. The greater fecal assess dietary exposures from fluthiacet- i. Acute exposure and risk. EPA could excretion in males was based on a methyl as follows: not identify any toxicological effects greater percentage excretion in bile for Section 408(b)(2)(F) states that the that could be attributable to a single oral males 37% vs. females 19%. Agency may use data on the actual exposure (dose) in any of the available
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.025 pfrm02 PsN: 14APR1 18354 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations toxicological studies. This risk pesticide in a cumulative risk short or intermediate-term exposure assessment is not needed. assessment. Unlike other pesticides for could be identified from available oral ii. Chronic exposure and risk. The which EPA has followed a cumulative studies. A short- and intermediate-term Reference Dose (RfD) for fluthiacet- risk approach based on a common risk assessment is not needed. methyl is 0.001 mg/kg/day. This value mechanism of toxicity, fluthiacet- 4. Aggregate cancer risk for U.S. is based on the systemic NOAEL of 0.1 methyl does not appear to produce a population—combined food and water. mg/kg/day in the mouse carcinogenicity toxic metabolite produced by other A lifetime dietary carcinogenicity study with a 100-fold safety factor to substances. For the purposes of this exposure analysis for fluthiacet-methyl account for interspecies extrapolation tolerance action, therefore, EPA has not estimated the cancer risk to be 2.06 x (10x) and intraspecies variability (10x). assumed that fluthiacet-methyl has a 10-7, a level that the Agency usually A Dietary Exposure Evaluation Model common mechanism of toxicity with considers negligible for cancer risk (DEEM) chronic exposure analysis was other substances. For information estimates. A DWLOC for cancer was conducted using tolerance levels for regarding EPA’s efforts to determine calculated as 0.133 ppb. The estimated soybeans assuming that 25% of the crop which chemicals have a common concentration in surface water and is treated to estimate dietary exposure mechanism of toxicity and to evaluate groundwater for fluthiacet-methyl for for the general population and 22 the cumulative effects of such chronic exposure are 0.1 ppb (0.3 ppb subgroups. The chronic analysis showed chemicals, see the final rule for (the 56-day concentration)/3) and 0.002 that exposures from the tolerance level Bifenthrin Pesticide Tolerances (62 FR ppb, respectively. The model exposure residues in or on soybeans for non- 62961, November 26, 1997). estimates are less than the cancer nursing infants less than 1 years old (the DWLOC. subgroup with the highest exposure) D. Aggregate Risks and Determination of 5. Determination of safety. Based on would be 0.6% of the RfD. The exposure Safety for U.S. Population these risk assessments, EPA concludes for the general U.S. population would 1. Acute risk. EPA could not identify that there is a reasonable certainty that be 0.1% of the RfD. any toxicological effects that could be no harm will result from aggregate A lifetime dietary carcinogenicity attributable to a single oral exposure exposure to fluthiacet-methyl residues. exposure analysis was conducted for (dose) in any of the available E. Aggregate Risks and Determination of fluthiacet-methyl using the proposed toxicological studies. tolerances along with the assumption of 2. Chronic risk. Using the DEEM Safety for Infants and Children 25 percent of the crop treated and a Q* chronic exposure assumptions 1. Safety factor for infants and of 2.07 x 10-1 (mg/kg/day)-1. A lifetime described in this unit, EPA has children—In general. In assessing the risk exposure analysis was also concluded that aggregate exposure to potential for additional sensitivity of conducted using the DEEM computer fluthiacet-methyl from food will utilize infants and children to residues of analysis. The estimated cancer risk (2.06 0.1% of the RfD for the U.S. population. fluthiacet-methyl, EPA considered data x 10-7) is less than the level that the The major identifiable subgroup with from developmental toxicity studies in Agency usually considers negligible for the highest aggregate exposure, non- the rat and rabbit and a 2-generation cancer risk estimates. nursing infants less than 1 year old, reproduction study in the rat. The 2. From drinking water. Drinking utilize 0.6% of the RfD. EPA generally developmental toxicity studies are water estimated concentrations has no concern for exposures below designed to evaluate adverse effects on (DWECs) for surface water were 100% of the RfD because the RfD the developing organism resulting from calculated by generic expected represents the level at or below which maternal pesticide exposure gestation. environmental concentration (GENEEC) daily aggregate exposure over a lifetime Reproduction studies provide computer models to be an average of 0.3 will not pose appreciable risks to information relating to effects from parts per billion (ppb). The DWECs for human health. The drinking water level exposure to the pesticide on the ground water based on the computer of comparisons (DWLOCs) for chronic reproductive capability of mating model screening concentration in exposure to fluthiacet-methyl in animals and data on systemic toxicity. ground water (SCI-GROW) were drinking water calculated for the U.S. FFDCA section 408 provides that EPA calculated to be an average of 0.002 ppb. population was 35 ppb and for non- shall apply an additional tenfold margin 3. From non-dietary exposure. There nursing infants less than 1 year old the of safety for infants and children in the are no non-food uses of fluthiacet- DWLOC was 10 ppb. The estimated case of threshold effects to account for methyl currently registered under the average concentration in surface water pre- and post-natal toxicity and the Federal Insecticide, Fungicide and for fluthiacet-methyl is 0.3 ppb and for completeness of the database unless Rodenticide Act, as amended. No non- ground water is 0.002 ppb. EPA’s EPA determines that a different margin dietary exposures are expected for the chronic drinking water levels of of safety will be safe for infants and general population. comparison are well above the children. Margins of safety are 4. Cumulative exposure to substances estimated exposures for fluthiacet- incorporated into EPA risk assessments with common mechanism of toxicity. methyl in water for the U.S. population either directly through use of a margin Section 408(b)(2)(D)(v) requires that, and the subgroup of concern. of exposure (MOE) analysis or through when considering whether to establish, Conservative model estimates (GENEEC using uncertainty (safety) factors in modify, or revoke a tolerance, the and SCI-GROW) of the concentrations of calculating a dose level that poses no Agency consider ‘‘available fluthiacet-methyl in surface and ground appreciable risk to humans. EPA information’’ concerning the cumulative water indicate that exposure will be believes that reliable data support using effects of a particular pesticide’s minimal. the standard uncertainty factor (usually residues and ‘‘other substances that 3. Short- and intermediate-term risk. 100 for combined inter- and intra- have a common mechanism of toxicity.’’ EPA could not identify any toxicological species variability) and not the EPA does not have, at this time, effects that could be attributable to short additional tenfold MOE/uncertainty available data to determine whether or intermediate-term dermal or factor when EPA has a complete data fluthiacet-methyl has a common inhalation exposure. No systemic effects base under existing guidelines and mechanism of toxicity with other were observed in available dermal when the severity of the effect in infants substances or how to include this studies. In addition, no endpoints for or children or the potency or unusual
VerDate 23-MAR-99 15:23 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.XXX pfrm04 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18355 toxic properties of a compound do not III. Other Considerations objections and hearing requests. These raise concerns regarding the adequacy of regulations will require some A. Metabolism In Plants and Animals the standard MOE/safety factor. modification to reflect the new law. In the prenatal developmental study The nature of the residue in soybeans, However, until those modifications can with rabbits, in utero exposure did not rotational crops, and livestock is be made, EPA will continue to use those result in maternal toxicity at 1,000 mg/ adequately understood. The residues of procedural regulations with appropriate kg/day. Developmental toxicity, concern for the tolerance expression are adjustments to reflect the new law. however, was seen at this dose as a non- parent per se. Based on the results of Any person may, by June 14, 1999, statistical increase in irregular animal metabolism studies it is unlikely file written objections to any aspect of sternebrae (an effect attributed to a that secondary residues would occur in this regulation and may also request a delay in fetal development, a variation animal commodities from the use of hearing on those objections. Objections which is reversible). The occurrence of fluthiacet-methyl on soybeans. and hearing requests must be filed with the Hearing Clerk, at the address given developmental toxicity at a dose at B. Analytical Enforcement Methodology which no maternal toxicity was noted under the ‘‘ADDRESSES’’ section (40 indicates an apparent susceptibility. Adequate enforcement methodology CFR 178.20). A copy of the objections EPA; however, determined that the (gas-liquid chromatography) is available and/or hearing requests filed with the apparent susceptibility is not to enforce the tolerance expression. The Hearing Clerk should be submitted to convincing for the following reasons: method may be requested from: Calvin the OPP docket for this regulation. The Furlow, PIRIB, IRSD (7502C), Office of objections submitted must specify the a. The increased incidence of irregular Pesticide Programs, Environmental provisions of the regulation deemed sternebrae was not statistically Protection Agency, 401 M St., SW., objectionable and the grounds for the significant when compared to Washington, DC 20460. Office location objections (40 CFR 178.25). Each concurrent controls. and telephone number: Rm 101FF, objection must be accompanied by the b. The increase occurred primarily at Crystal Mall #2, 1921 Jefferson Davis fee prescribed by 40 CFR 180.33(i). EPA the limit-dose (1,000 mg/kg/day). Hwy., Arlington, VA, (703) 305–5229. is authorized to waive any fee c. It was the only anomaly observed requirement ‘‘when in the judgement of in the study (i.e., a single variation). C. Magnitude of Residues the Administrator such a waiver or d. The dose response was not strong Based on the results of animal refund is equitable and not contrary to since there was only a small increase in metabolism studies it is unlikely that the purpose of this subsection.’’ For the litter incidences between the low- significant residues would occur in additional information regarding dose (5 mg/kg/day) and the high-dose secondary animal commodities from the tolerance objection fee waivers, contact (1,000 mg/kg/day), with the mid- and use of fluthiacet-methyl on soybeans. James Tompkins, Registration Division high-dose groups having 8 litters with Residues of fluthiacet-methyl in all (7505C), Office of Pesticide Programs, this variation. treated and untreated samples of Environmental Protection Agency, 401 e. This endpoint is considered soybeans, hulls, meal, crude oil, refined M St., SW., Washington, DC 20460. appropriate to establish a LOAEL, but oil and aspirated grain fractions were Office location, telephone number, and not appropriate for risk assessments. less than the method level of e-mail address: Rm. 239, Crystal Mall Based on these factors, the Agency quantification (LOQ). The nature of the #2, 1921 Jefferson Davis Hwy., concluded that there is no increased residue in plants is adequately Arlington, VA, (703) 305–5697, susceptibility in the rabbit study. understood for the purposes of these [email protected]. Requests for The Agency concluded that an extra tolerances waiver of tolerance objection fees safety factor to protect infants and should be sent to James Hollins, D. International Residue Limits Information Resources and Services children is not needed based on the Division (7502C), Office of Pesticide following considerations: There are no Codex Alimentarius Commission (Codex), Canadian, or Programs, Environmental Protection The available hazard assessment Mexican Maximum Residue Levels Agency, 401 M St., SW., Washington, studies indicated no increased (MRLs) for fluthiacet-methyl at this DC 20460. susceptibility of rats or rabbits to in time. If a hearing is requested, the utero and/or postnatal exposure to objections must include a statement of fluthiacet-methyl, and exposure E. Rotational Crop Restrictions the factual issues on which a hearing is assessments do not indicate a concern No tolerances for inadvertent residues requested, the requestor’s contentions for potential risk to infants and of fluthiacet-methyl are required in on such issues, and a summary of any children, based upon the very low rotational crops. evidence relied upon by the requestor application rates and quick dissipation (40 CFR 178.27). A request for a hearing of fluthiacet-methyl; the dietary IV. Conclusion will be granted if the Administrator exposure estimates using field study Therefore, the tolerance is established determines that the material submitted data result in an overestimate of dietary for residues of fluthiacet-methyl in shows the following: There is genuine exposure; modeling data are used for soybeans seeds at 0.01 ppm. and substantial issue of fact; there is a ground and surface source drinking reasonable possibility that available V. Objections and Hearing Requests water exposure assessments resulting in evidence identified by the requestor estimates considered to be upper-bound The new FFDCA section 408(g) would, if established, resolve one or concentrations; and there are currently provides essentially the same process more of such issues in favor of the no registered residential uses for for persons to ‘‘object’’ to a tolerance requestor, taking into account fluthiacet-methyl. regulation as was provided in the old uncontested claims or facts to the 2. Conclusion. There is a complete section 408 and in section 409. contrary; and resolution of the factual toxicity database for fluthiacet-methyl However, the period for filing objections issues in the manner sought by the and exposure data is complete or is is 60 days, rather than 30 days. EPA requestor would be adequate to justify estimated based on data that reasonably currently has procedural regulations the action requested (40 CFR 178.32). accounts for potential exposures. which govern the submission of Information submitted in connection
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Information so marked will not be U.S.C. 3501 et seq., or impose any and timely input in the development of disclosed except in accordance with enforceable duty or contain any regulatory proposals containing procedures set forth in 40 CFR part 2. unfunded mandate as described under significant unfunded mandates.’’ A copy of the information that does not Title II of the Unfunded Mandates Today’s rule does not create an contain CBI must be submitted for Reform Act of 1995 (UMRA) (Pub. L. unfunded Federal mandate on State, inclusion in the public record. 104–4). Nor does it require any prior local, or tribal governments. The rule Information not marked confidential consultation as specified by Executive does not impose any enforceable duties may be disclosed publicly by EPA Order 12875, entitled Enhancing the on these entities. Accordingly, the without prior notice. Intergovernmental Partnership (58 FR requirements of section 1(a) of 58093, October 28, 1993), or special Executive Order 12875 do not apply to VI. Public Record and Electronic considerations as required by Executive this rule. Submissions Order 12898, entitled Federal Actions to C. Executive Order 13084 EPA has established a record for this Address Environmental Justice in regulation under docket control number Minority Populations and Low-Income Under Executive Order 13084, [OPP–300829] (including any comments Populations (59 FR 7629, February 16, entitled Consultation and Coordination and data submitted electronically). A 1994), or require OMB review in with Indian Tribal Governments (63 FR public version of this record, including accordance with Executive Order 13045, 27655, May 19, 1998), EPA may not printed, paper versions of electronic entitled Protection of Children from issue a regulation that is not required by comments, which does not include any Environmental Health Risks and Safety statute, that significantly or uniquely information claimed as CBI, is available Risks (62 FR 19885, April 23, 1997). affects the communities of Indian tribal for inspection from 8:30 a.m. to 4 p.m., In addition, since tolerances and governments, and that imposes Monday through Friday, excluding legal exemptions that are established on the substantial direct compliance costs on holidays. The public record is located in basis of a petition under FFDCA section those communities, unless the Federal Room 119 of the Public Information and 408(d), such as the tolerance/exemption government provides the funds Records Integrity Branch, Information in this final rule, do not require the necessary to pay the direct compliance Resources and Services Division issuance of a proposed rule, the costs incurred by the tribal (7502C), Office of Pesticide Programs, requirements of the Regulatory governments. If the mandate is Environmental Protection Agency, Flexibility Act (RFA) (5 U.S.C. 601 et unfunded, EPA must provide OMB, in Crystal Mall #2, 1921 Jefferson Davis seq.) do not apply. Nevertheless, the a separately identified section of the Hwy., Arlington, VA. Agency previously assessed whether preamble to the rule, a description of Objections and hearing requests may establishing tolerances, exemptions the extent of EPA’s prior consultation be sent by e-mail directly to EPA at: from tolerances, raising tolerance levels with representatives of affected tribal [email protected]. or expanding exemptions might governments, a summary of the nature adversely impact small entities and of their concerns, and a statement E-mailed objections and hearing concluded, as a generic matter, that supporting the need to issue the requests must be submitted as an ASCII there is no adverse economic impact. regulation. In addition, Executive Order file avoiding the use of special The factual basis for the Agency’s 13084 requires EPA to develop an characters and any form of encryption. generic certification for tolerance effective process permitting elected The official record for this regulation, actions published on May 4, 1981 (46 officials and other representatives of as well as the public version, as FR 24950), and was provided to the Indian tribal governments ‘‘to provide described in this unit will be kept in Chief Counsel for Advocacy of the Small meaningful and timely input in the paper form. Accordingly, EPA will Business Administration. development of regulatory policies on matters that significantly or uniquely transfer any copies of objections and B. Executive Order 12875 affect their communities.’’ hearing requests received electronically Under Executive Order 12875, into printed, paper form as they are Today’s rule does not significantly or entitled Enhancing the uniquely affect the communities of received and will place the paper copies Intergovernmental Partnership (58 FR in the official record which will also Indian tribal governments. This action 58093, October 28, 1993), EPA may not does not involve or impose any include all comments submitted directly issue a regulation that is not required by in writing. The official record is the requirements that affect Indian tribes. statute and that creates a mandate upon Accordingly, the requirements of paper record maintained at the Virginia a State, local or tribal government, address in ‘‘ADDRESSES’’ at the section 3(b) of Executive Order 13084 unless the Federal government provides do not apply to this rule. beginning of this document. the funds necessary to pay the direct VIII. Submission to Congress and the VII. Regulatory Assessment compliance costs incurred by those Comptroller General Requirements governments. If the mandate is unfunded, EPA must provide to OMB a The Congressional Review Act, 5 A. Certain Acts and Executive Orders description of the extent of EPA’s prior U.S.C. 801 et seq., as added by the Small This final rule establishes a tolerance consultation with representatives of Business Regulatory Enforcement under section 408(d) of the FFDCA in affected State, local, and tribal Fairness Act of 1996, generally provides response to a petition submitted to the governments, the nature of their that before a rule may take effect, the Agency. The Office of Management and concerns, copies of any written Agency promulgating the rule must Budget (OMB) has exempted these types communications from the governments, submit a rule report, which includes a of actions from review under Executive and a statement supporting the need to copy of the rule, to each House of the Order 12866, entitled Regulatory issue the regulation. In addition, Congress and the Comptroller General of Planning and Review (58 FR 51735, Executive Order 12875 requires EPA to the United States. EPA will submit a October 4, 1993). This final rule does develop an effective process permitting report containing this rule and other
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.025 pfrm02 PsN: 14APR1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18357 required information to the U.S. Senate, SUMMARY: This regulation extends a No Confidential Business Information the U.S. House of Representatives and time-limited tolerance for combined (CBI) should be submitted through e- the Comptroller General of the United residues of the insecticide cyromazine mail. Copies of electronic objections and States prior to publication of the rule in and its metabolites in or on lima beans hearing requests on this rule may be the Federal Register. This rule is not a at 5.0 part per million (ppm) for an filed online at many Federal Depository ‘‘major rule’’ as defined by 5 U.S.C. additional 2–year period.This tolerance Libraries. 804(2). will expire and is revoked on December FOR FURTHER INFORMATION CONTACT: By 31, 2001. This action is in response to List of Subjects in 40 CFR Part 180 mail: Andrew Ertman, Registration EPA’s granting of an emergency Environmental protection, Division (7505C), Office of Pesticide exemption under section 18 of the Programs, Environmental Protection Administrative practice and procedure, Federal Insecticide, Fungicide, and Agricultural commodities, Pesticides Agency, 401 M St., SW., Washington, Rodenticide Act (FIFRA) authorizing DC 20460. Office location, telephone and pests, Reporting and recordkeeping use of the pesticide on lima beans. requirements. number, and e-mail address: Rm. 280, Section 408(l)(6) of the Federal Food, Crystal Mall #2, 1921 Jefferson Davis Dated: March 31, 1999. Drug, and Cosmetic Act requires EPA to Hwy., Arlington, VA, (703) 308–9367; establish a time-limited tolerance or [email protected]. Susan B. Hazen, exemption from the requirement for a Acting Director, Office of Pesticide Programs. tolerance for pesticide chemical SUPPLEMENTARY INFORMATION: EPA Therefore, 40 CFR chapter I is residues in food that will result from the issued a final rule, published in the amended as follows: use of a pesticide under an emergency Federal Register of December 10, 1997 (62 FR 65030) (FRL–5758–2), which PART 180Ð[AMENDED] exemption granted by EPA under FIFRA section 18. announced that on its own initiative 1. The authority citation for part 180 DATES: This regulation becomes under section 408 of the Federal Food, continues to read as follows: effective April 14, 1999. Objections and Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e) and (l)(6), as amended by Authority: 21 U.S.C. 321(q), 346a, and 371. requests for hearings must be received by EPA, on or before June 14, 1999. the Food Quality Protection Act of 1996 ADDRESSES: Written objections and (FQPA) (Pub. L. 104–170) it established 2. Section 180.551 is added to read as a time-limited tolerance for the follows. hearing requests, identified by the docket control number [OPP–300831], combined residues of cyromazine and §180.551 Fluthiacet-methyl; tolerances for must be submitted to: Hearing Clerk its metabolites in or on lima beans at 5.0 residues. (1900), Environmental Protection ppm, with an expiration date of (a) General. A tolerance is established Agency, Rm. M3708, 401 M St., SW., December 31, 1998. EPA established the for residues of the herbicide, fluthiacet- Washington, DC 20460. Fees tolerance because section 408(l)(6) of methyl, acetic acid [[2-chloro-4-fluoro-5- accompanying objections and hearing the FFDCA requires EPA to establish a [(tetrahydro-3-oxo-1H,3H- requests shall be labeled ‘‘Tolerance time-limited tolerance or exemption α [1,3,4]thiadiazolo[3,4- ]pyridazin-1- Petition Fees’’ and forwarded to: EPA from the requirement for a tolerance for ylidene)amino]phenyl]thio]-methyl Headquarters Accounting Operations pesticide chemical residues in food that ester, in or on the food commodity: Branch, OPP (Tolerance Fees), P.O. Box will result from the use of a pesticide 360277M, Pittsburgh, PA 15251. A copy under an emergency exemption granted Parts by EPA under FIFRA section 18. Such per of any objections and hearing requests Commodity mil- filed with the Hearing Clerk identified tolerances can be established without lion by the docket control number, [OPP– providing notice or period for public 300831], must also be submitted to: comment. Soybean seed ...... 0.01 Public Information and Records EPA received a request to extend the (b) Section 18 emergency exemptions. Integrity Branch, Information Resources use of cyromazine on lima beans for this [Reserved] and Services Division (7502C), Office of years growing season due to the (c) Tolerances with regional Pesticide Programs, Environmental continuing emergency situation in registrations. [Reserved] Protection Agency, 401 M St., SW., California. Insect pressure from the (d) Indirect or inadvertent residues. Washington, DC 20460. In person, bring leafminer has increased over the past [Reserved] a copy of objections and hearing several years due to the rapid increase requests to Rm. 119, Crystal Mall #2, in the insect’s resistance to currently [FR Doc. 99–9057 Filed 4–13–99; 8:45 am] 1921 Jefferson Davis Hwy., Arlington, registered insecticides and the resulting BILLING CODE 6560±50±F VA. increase in insect populations. With the A copy of objections and hearing end of the California drought, overwintering has occurred in leafminer ENVIRONMENTAL PROTECTION requests filed with the Hearing Clerk populations and mild weather has AGENCY may also be submitted electronically by sending electronic mail (e-mail) to: opp- added to the resistance population with 40 CFR Part 180 [email protected]. Copies of electronic outbreaks increasing in the summer and objections and hearing requests must be carrying through the end of the harvest [OPP±300831; FRL±6072±3] submitted as an ASCII file avoiding the season. RIN 2070±AB78 use of special characters and any form The damage caused by the leafminer of encryption. Copies of objections and in lima beans begins in the leaf tissue Cyromazine; Extension of Tolerance hearing requests will also be accepted of the plant. The adult leafminers lay for Emergency Exemptions on disks in WordPerfect 5.1/6.1 or eggs in the leaf tissue, and then the eggs AGENCY: Environmental Protection ASCII file format. All copies of hatch and the larvae eat the leaf tissue Agency (EPA). electronic objections and hearing underneath the epidermis and cuticle, requests must be identified by the leaving tracks or mines. These mines ACTION: Final rule. docket control number [OPP-300831]. damage or kill the plant leaf, which in
VerDate 23-MAR-99 15:23 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.XXX pfrm04 PsN: 14APR1 18358 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations turn reduces photosynthesis, and greatly days. EPA currently has procedural requestor would be adequate to justify diminishes yield or kills the plant regulations which govern the the action requested (40 CFR 178.32). outright. submission of objections and hearing Information submitted in connection There are few registered alternatives requests. These regulations will require with an objection or hearing request for control of leafminer in lima beans. some modification to reflect the new may be claimed confidential by marking In general, the registered alternatives law. However, until those modifications any part or all of that information as (including Dimethoate, Lannate, can be made, EPA will continue to use CBI. Information so marked will not be Orthene, and Saf T Soaps) provide such those procedural regulations with disclosed except in accordance with a low level of control due to resistance appropriate adjustments to reflect the procedures set forth in 40 CFR part 2. and poor fit (programmatically) that new law. A copy of the information that does not they often have a negative impact on Any person may, by June 14, 1999, contain CBI must be submitted for leafminer populations. This is primarily file written objections to any aspect of inclusion in the public record. because these insecticides kill this regulation and may also request a Information not marked confidential beneficials that control leafminers. After hearing on those objections. Objections may be disclosed publicly by EPA having reviewed the submission, EPA and hearing requests must be filed with without prior notice. concurs that emergency conditions the Hearing Clerk, at the address given II. Public Record and Electronic exist. EPA has authorized under FIFRA under the ‘‘ADDRESSES’’ section (40 Submissions section 18 the use of cyromazine on CFR 178.20). A copy of the objections lima beans for control of leafminers in and/or hearing requests filed with the EPA has established a record for this California. Hearing Clerk should be submitted to regulation under docket control number EPA assessed the potential risks the OPP docket for this rulemaking. The [OPP-300831] (including any comments presented by residues of cyromazine in objections submitted must specify the and data submitted electronically). A or on lima beans. In doing so, EPA provisions of the regulation deemed public version of this record, including considered the safety standard in objectionable and the grounds for the printed, paper versions of electronic FFDCA section 408(b)(2), and decided objections (40 CFR 178.25). Each comments, which does not include any that the necessary tolerance under objection must be accompanied by the information claimed as CBI, is available FFDCA section 408(l)(6) would be fee prescribed by 40 CFR 180.33(i). EPA for inspection from 8:30 a.m. to 4 p.m., consistent with the safety standard and is authorized to waive any fee Monday through Friday, excluding legal with FIFRA section 18. The data and requirement ‘‘when in the judgement of holidays. The public record is located in other relevant material have been the Administrator such a waiver or Room 119 of the Public Information and evaluated and discussed in the final rule refund is equitable and not contrary to Records Integrity Branch, Information the purpose of this subsection.’’ For of December 10, 1997 (62 FR 65030) Resources and Services Division additional information regarding (FRL–5758–2). Based on that data and (7502C), Office of Pesticide Programs, tolerance objection fee waivers, contact information considered, the Agency Environmental Protection Agency, James Tompkins, Registration Division reaffirms that extension of the time- Crystal Mall #2, 1921 Jefferson Davis (7505C), Office of Pesticide Programs, limited tolerance will continue to meet Hwy., Arlington, VA. Environmental Protection Agency, 401 the requirements of section 408(l)(6). Objections and hearing requests may M St., SW., Washington, DC 20460. Therefore, the time-limited tolerance is be sent by e-mail directly to EPA at: Office location, telephone number, and extended for an additional 2–year [email protected]. e-mail address: Rm. 239, Crystal Mall period. EPA will publish a document in #2, 1921 Jefferson Davis Hwy., the Federal Register to remove the E-mailed objections and hearing Arlington, VA, (703) 305–5697, requests must be submitted as an ASCII revoked tolerance from the Code of [email protected]. Requests for Federal Regulations (CFR). Although file avoiding the use of special waiver of tolerance objection fees characters and any form of encryption. this tolerance will expire and is revoked should be sent to James Hollins, on December 31, 2001, under FFDCA The official record for this regulation, Information Resources and Services as well as the public version, as section 408(l)(5), residues of the Division (7502C), Office of Pesticide pesticide not in excess of the amounts described in this unit will be kept in Programs, Environmental Protection paper form. Accordingly, EPA will specified in the tolerance remaining in Agency, 401 M St., SW., Washington, or on lima beans after that date will not transfer any copies of objections and DC 20460. hearing requests received electronically be unlawful, provided the pesticide is If a hearing is requested, the into printed, paper form as they are applied in a manner that was lawful objections must include a statement of received and will place the paper copies under FIFRA and the application the factual issues on which a hearing is in the official record which will also occurred prior to the revocation of the requested, the requestor’s contentions include all comments submitted directly tolerance. EPA will take action to revoke on such issues, and a summary of any in writing. The official record is the this tolerance earlier if any experience evidence relied upon by the requestor paper record maintained at the Virginia with, scientific data on, or other (40 CFR 178.27). A request for a hearing relevant information on this pesticide will be granted if the Administrator address in ‘‘ADDRESSES’’ at the indicate that the residues are not safe. determines that the material submitted beginning of this document. shows the following: There is genuine I. Objections and Hearing Requests III. Regulatory Assessment and substantial issue of fact; there is a Requirements The new FFDCA section 408(g) reasonable possibility that available provides essentially the same process evidence identified by the requestor A. Certain Acts and Executive Orders for persons to ‘‘object’’ to a tolerance would, if established, resolve one or This final rule establishes a tolerance regulation issued by EPA under new more of such issues in favor of the under section 408 of the FFDCA. The section 408(e) and (l)(6) as was provided requestor, taking into account Office of Management and Budget in the old section 408 and in section uncontested claims or facts to the (OMB) has exempted these types of 409. However, the period for filing contrary; and resolution of the factual actions from review under Executive objections is 60 days, rather than 30 issues in the manner sought by the Order 12866, entitled Regulatory
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Planning and Review (58 FR 51735, develop an effective process permitting report containing this rule and other October 4, 1993). This final rule does elected officials and other required information to the U.S. Senate, not contain any information collections representatives of State, local, and tribal the U.S. House of Representatives and subject to OMB approval under the governments ‘‘to provide meaningful the Comptroller General of the United Paperwork Reduction Act (PRA), 44 and timely input in the development of States prior to publication of the rule in U.S.C. 3501 et seq., or impose any regulatory proposals containing the Federal Register. This rule is not a enforceable duty or contain any significant unfunded mandates.’’ ‘‘major rule’’ as defined by 5 U.S.C. unfunded mandate as described under Today’s rule does not create an 804(2). Title II of the Unfunded Mandates unfunded Federal mandate on State, Reform Act of 1995 (UMRA) (Pub. L. local, or tribal governments. The rule List of Subjects in 40 CFR Part 180 104–4). Nor does it require any prior does not impose any enforceable duties Environmental protection, consultation as specficed by Executive on these entities. Accordingly, the Administrative practice and procedure, Order 12875, entitled Enhancing the requirements of section 1(a) of Agricultural commodities, Pesticides Intergovernmental Partnership (58 FR Executive Order 12875 do not apply to and pests, Reporting and recordkeeping 58093, October 28, 1993), or special this rule. requirements. considerations as required by Executive C. Executive Order 13084 Dated: March 30, 1999. Order 12898, entitled Federal Actions to Address Environmental Justice in Under Executive Order 13084, James Jones, Minority Populations and Low-Income entitled Consultation and Coordination Director, Registration Division, Office of Populations (59 FR 7629, February 16, with Indian Tribal Governments (63 FR Pesticide Programs. 1994), or require OMB review in 27655, May 19, 1998), EPA may not Therefore, 40 CFR chapter I is accordance with Executive Order 13045, issue a regulation that is not required by amended as follows: entitled Protection of Children from statute, that significantly or uniquely Environmental Health Risks and Safety affects the communities of Indian tribal PART 180Ð[AMENDED] governments, and that imposes Risks (62 FR 19885, April 23, 1997). 1. The authority citation for part 180 In addition, since tolerances and substantial direct compliance costs on continues to read as follows: exemptions that are established under those communities, unless the Federal section 408(l)(6) of FFDCA, such as the government provides the funds Authority: 21 U.S.C. 321(q), 346a, and 371. exemption in this final rule, do not necessary to pay the direct compliance require the issuance of a proposed rule, costs incurred by the tribal the requirements of the Regulatory governments. If the mandate is §180.414 [Amended] Flexibility Act (RFA) (5 U.S.C. 601 et unfunded, EPA must provide OMB, in 2. In §180.414, by amending the table seq.) do not apply. Nevertheless, the a separately identified section of the in paragraph (b) by revising the date for Agency previously assessed whether preamble to the rule, a description of Beans, lima from ‘‘12/31/98’’ to read establishing tolerances, exemptions the extent of EPA’s prior consultation ‘‘12/31/01’’. from tolerances, raising tolerance levels with representatives of affected tribal or expanding exemptions might governments, a summary of the nature [FR Doc. 99–9058 Filed 4-13-99; 8:45 am] adversely impact small entities and of their concerns, and a statement BILLING CODE 6560±50±F concluded, as a generic matter, that supporting the need to issue the there is no adverse economic impact. regulation. In addition, Executive Order The factual basis for the Agency’s 13084 requires EPA to develop an ENVIRONMENTAL PROTECTION generic certification for tolerance effective process permitting elected AGENCY actions published on May 4, 1981 (46 officials and other representatives of 40 CFR Part 180 FR 24950), and was provided to the Indian tribal governments ‘‘to provide Chief Counsel for Advocacy of the Small meaningful and timely input in the [OPP±300771A; FRL±6071±6] Business Administration. development of regulatory policies on matters that significantly or uniquely B. Executive Order 12875 RIN 2070±AB78 affect their communities.’’ Under Executive Order 12875, Today’s rule does not significantly or Imidacloprid; Pesticide Tolerances for entitled Enhancing the uniquely affect the communities of Emergency Exemptions; Correction Intergovernmental Partnership (58 FR Indian tribal governments. This action 58093, October 28, 1993), EPA may not does not involve or impose any AGENCY: Environmental Protection issue a regulation that is not required by requirements that affect Indian tribes. Agency (EPA). statute and that creates a mandate upon Accordingly, the requirements of ACTION: Final rule; correction. a State, local or tribal government, section 3(b) of Executive Order 13084 unless the Federal government provides do not apply to this rule. SUMMARY: EPA published in the Federal the funds necessary to pay the direct Register of January 20, 1999, a compliance costs incurred by those IV. Submission to Congress and the document establishing time-limited governments. If the mandate is Comptroller General tolerances for residues of imidacloprid unfunded, EPA must provide to OMB a The Congressional Review Act, 5 in/on legume vegetables (Crop Group 6) description of the extent of EPA’s prior U.S.C. 801 et seq., as added by the Small and strawberries, in connection with consultation with representatives of Business Regulatory Enforcement issuance of emergency exemptions for affected State, local, and tribal Fairness Act of 1996, generally provides these uses. The levels given for governments, the nature of their that before a rule may take effect, the tolerances were listed correctly concerns, copies of any written Agency promulgating the rule must throughout most of the document, but communications from the governments, submit a rule report, which includes a were inadvertently transposed in the and a statement supporting the need to copy of the rule, to each House of the last table. This document corrects this issue the regulation. In addition, Congress and the Comptroller General of error by listing the tolerances levels Executive Order 12875 requires EPA to the United States. EPA will submit a correctly.
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DATES: This correction becomes Enhancing the Intergovernmental § 180.472 Imidacloprid; tolerances for effective January 20, 1999. Partnership (58 FR 58093, October 28, residues. FOR FURTHER INFORMATION CONTACT: By 1993) and Executive Order 13084, * * * * * mail: Andrea Beard, Registration entitled Consultation and Coordination (b) * * * Division (7505C), Office of Pesticide with Indian Tribal Governments (63 FR Programs, Environmental Protection 27655, May 19, 1998), or special Agency, 401 M St., SW., Washington, consideration of environmental justice DC 20460. Office location, telephone related issues under Executive Order Parts per Expiration/ 12898, entitled Federal Actions to Commodity revocation number, and e-mail address: Crystal million date Mall #2, 1921 Jefferson Davis Hwy., Address Environmental Justice in Arlington, VA, (703) 308–9356; e-mail: Minority Populations and Low-Income [email protected]. Populations (59 FR 7629, February 16, ***** SUPPLEMENTARY INFORMATION: EPA 1994). This action does not involve any Legume vegetables 1.0 6/30/00 published a document on January 20, technical standards that would require Strawberry ...... 0.1 6/30/00 1999 (64 FR 3037) (FRL–6051–6), Agency consideration of voluntary establishing time-limited tolerances for consensus standards pursuant to section ***** residues of imidacloprid in/on legume 12(d) of the National Technology vegetables (Crop Group 6, 40 CFR Transfer and Advancement Act of 1995 * * * * * 180.41(c)(6)) and strawberries. This (NTTAA), Pub. L. 104–113, section 12(d) (15 U.S.C. 272 note). In addition, [FR Doc. 99–9225 Filed 4–13–99; 8:45 am] action was in response to EPA’s granting BILLING CODE 6560±50±F of emergency exemptions under section since this action is not subject to notice- 18 of the Federal Insecticide, Fungicide, and-comment requirements under the and Rodenticide Act authorizing use of Administrative Procedure Act (APA) or ENVIRONMENTAL PROTECTION the pesticide on legumes and any other statute, it is not subject to the AGENCY strawberries. This regulation established regulatory flexibility provisions of the maximum permissible levels for Regulatory Flexibility Act (RFA) (5 40 CFR Part 180 residues of imidacloprid in/on these U.S.C. 601 et seq.). [OPP±300835; FRL±6073±5] food commodities pursuant to section II. Submission to Congress and the 408(l)(6) of the Federal Food, Drug, and Comptroller General RIN 2070±AB78 Cosmetic Act, as amended by the Food The Congressional Review Act, 5 Quality Protection Act of 1996. The Glyphosate; Pesticide Tolerance U.S.C. 801 et seq., as added by the Small tolerances will expire and are revoked Business Regulatory Enforcement on June 30, 2000. In publishing these AGENCY: Environmental Protection Fairness Act of 1996, generally provides tolerances, the tolerance levels for these Agency (EPA). that before a rule may take effect, the commodities were listed correctly ACTION: Final rule. Agency promulgating the rule must throughout the document, but were submit a rule report, which includes a SUMMARY: inadvertently transposed in the final This regulation establishes a copy of the rule, to each House of the table. The correct tolerance levels are tolerance for residues of (N- Congress and to the Comptroller General 0.1 ppm in/on strawberries, and 1.0 (phosphonomethyl)glycine) resulting of the United States. EPA will submit a ppm in/on legume vegetables. This from the use of the isopropylamine salt report containing this rule and other document will correct the tolerance of glyphosate or the monoammonium required information to the U.S. Senate, levels. salt of glyphosate in or on barley, grain; the U.S. House of Representatives, and barley, bran; beets, sugar, dried pulp; I. Regulatory Assessment Requirements the Comptroller General of the United beets, sugar, roots; beets, sugar, tops; States prior to publication of this rule in This final rule does not impose any canola, meal; canola, seed; grain crops the Federal Register. This is a technical new requirements. It only implements a (except wheat, corn, oats, grain corection to the Federal Register and is technical correction to the Code of sorghum, and barley); and legume not a ‘‘major rule’’ as defined by 5 Federal Regulations (CFR). As such, this vegetables (succulent and dried) crop U.S.C. 804(2). action does not require review by the group (except soybeans). The residues from treatment of sugar beets and canola Office of Management and Budget List of Subjects in 40 CFR Part 180 include residues in or on sugarbeet and (OMB) under Executive Order 12866, Environmental protection, entitled Regulatory Planning and canola varieties which have been Administrative practice and procedure, genetically altered to be tolerant of Review (58 FR 51735, October 4, 1993), Agricultural commodities, Pesticides the Paperwork Reduction Act (PRA), 44 glyphosate. Entries for grain crops and and pests, Reporting and recordkeeping sugar beets will replace current entries. U.S.C. 3501 et seq., or Executive Order requirements. 13045, entitled Protection of Children Monsanto Company requested this from Environmental Health Risks and Dated: March 30, 1999. tolerance under the Federal Food, Drug, Safety Risks (62 FR 19885, April 23, and Cosmetic Act, as amended by the James Jones, Food Quality Protection Act of 1996. 1997). This action does not impose any Director, Registration Division, Office of enforceable duty, contain any unfunded Pesticide Programs. DATES: This regulation is effective April 14, 1999. Objections and requests for mandate, or impose any significant or In FR Doc. 99–1253, published on hearings must be received by EPA on or unique impact on small governments as January 20, 1999 (64 FR 3037), make the before June 14, 1999. described in the Unfunded Mandates following correction: Reform Act of 1995 (UMRA) (Pub. L. ADDRESSES: Written objections and 104–4). Nor does it require prior § 180.472 [Corrected] hearing requests, identified by the consultation with State, local, and tribal On page 3044, in the third column, in docket control number, [OPP–300835], government officials as specified by § 180.472, in paragraph (b), the table is must be submitted to: Hearing Clerk Executive Order 12875, entitled corrected to read as follows: (1900), Environmental Protection
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Agency, Rm. M3708, 401 M St., SW., There were no comments received in chemical residue, including all Washington, DC 20460. Fees response to the notice of filing. anticipated dietary exposures and all accompanying objections and hearing The petition requested that 40 CFR other exposures for which there is requests shall be labeled ‘‘Tolerance 180.364 be amended by establishing reliable information.’’ This includes Petition Fees’’ and forwarded to: EPA tolerances for residues of the herbicide exposure through drinking water and in Headquarters Accounting Operations (N-(phosphonomethyl)glycine), in or on residential settings, but does not include Branch, OPP (Tolerance Fees), P.O. Box the imported raw agricultural occupational exposure. Section 360277M, Pittsburgh, PA 15251. A copy commodities barley, grain at 20 parts 408(b)(2)(C) requires EPA to give special of any objections and hearing requests per million (ppm); barley bran and consideration to exposure of infants and filed with the Hearing Clerk identified pearled barley at 60 ppm; cereal grains children to the pesticide chemical by the docket control number, [OPP– group (except wheat, corn, oats, grain residue in establishing a tolerance and 300835], must also be submitted to: sorghum, and barley) at 0.1 ppm; to ‘‘ensure that there is a reasonable Public Information and Records canola, seed at 10 ppm; canola, meal at certainty that no harm will result to Integrity Branch, Information Resources 25 ppm; legume vegetables (succulent or infants and children from aggregate and Services Division (7502C), Office of dried) group (except soybeans) at 5 ppm exposure to the pesticide chemical Pesticide Programs, Environmental (PP 2E4118) and in or on the residue.’’ Protection Agency, 401 M St., SW., commodies beets, sugar, tops (leaves) at EPA performs a number of analyses to Washington, DC 20460. In person, bring 10 ppm; beets, sugar, roots at 10 ppm; determine the risks from aggregate a copy of objections and hearing and beets, sugar, pulp, dried at 25 ppm exposure to pesticide residues. For requests to Rm. 119, Crystal Mall #2, (PP 7F4886). further discussion of the regulatory 1921 Jefferson Davis Hwy., Arlington, The correct tolerance expression for requirements of section 408 and a VA. glyphosate is (N- complete description of the risk A copy of objections and hearing (phosphonomethyl)glycine) resulting assessment process, see the final rule on requests filed with the Hearing Clerk from the application of the Bifenthrin Pesticide Tolerances (62 FR may be submitted electronically by isopropylamine salt of glyphosate and/ 62961, November 26, 1997) (FRL–5754– sending electronic mail (e-mail) to: opp- or the monoammonium salt of 7). [email protected]. Copies of objections glyphosate. The correct terminology for cereal grains; beets, sugar, tops (leaves); II. Aggregate Risk Assessment and and hearing requests must be submitted Determination of Safety as an ASCII file avoiding the use of and beets, sugar, pulp, dried ; is grain Consistent with section 408(b)(2)(D), special characters and any form of crops; beet, sugar, tops; and beets, sugar, EPA has reviewed the available encryption. Copies of objections and dried pulp, respectively. The Agency is scientific data and other relevant hearing requests will also be accepted correcting the terminology with this information in support of this action. on disks in WordPerfect 5.1/6.1 or rule. During the course of the review the EPA has sufficient data to assess the ASCII file format. All copies of Agency determined that available data hazards of glyphosate and to make a objections and hearing requests in support tolerances of 20 ppm for barley determination on aggregate exposure, electronic form must be identified by bran, 15 ppm for canola, meal and that consistent with section 408(b)(2), for a the docket control number [OPP– a tolerance for barley, pearled is not tolerance for residues of (N- 300835]. No Confidential Business necessary. Concentration in barley, (phosphonomethyl)glycine) resulting Information (CBI) should be submitted pearled is not expected. The Agency is amending the proposal from the application of the through e-mail. Electronic copies of to read that 40 CFR 180.364 be amended isopropylamine salt of glyphosate and/ objections and hearing requests on this by establishing tolerances for residues of or the monoammonium salt of rule may be filed online at many Federal the herbicide glyphosate (N- glyphosate on barley, bran at 20 ppm; Depository Libraries. (phosphonomethyl)glycine) resulting barley, grain at 30 ppm; beets sugar, FOR FURTHER INFORMATION CONTACT: By from the application of the dried pulp at 25 ppm; beets, sugar, roots mail: Jim Tompkins, Registration isopropylamine salt of glyphosate and/ at 10 ppm; beets, sugar, tops at 10 ppm; Division (7505C), Office of Pesticide or the monoammonium salt of canola, meal at 15 ppm; canola, seed at Programs, Environmental Protection glyphosate in or the raw agricultural 10 ppm; grain crops (except wheat, Agency, 401 M St., SW., Washington, commodities barley, grain at 20 ppm; corn, oats, grain sorghum, and barley) at DC 20460. Office location, telephone barley, bran at 30 ppm; grain crops 0.1 ppm; and legume vegetables number, and e-mail address: Rm. 237, (except wheat, corn, oats, grain (succulent and dried) group (except Crystal Mall #2, 1921 Jefferson Davis sorghum, and barley) at 0.1 ppm; soybeans) at 5 ppm. EPA’s assessment of Hwy., Arlington, VA, 703–305–5697; canola, seed at 10 ppm; canola, meal at the dietary exposures and risks [email protected]. 15 ppm; beets, sugar, tops at 10 ppm; associated with establishing the SUPPLEMENTARY INFORMATION: In the beets, sugar, roots at 10 ppm; and beets, tolerance follows. Federal Register of February 20, 1998 sugar, dried pulp at 25 ppm; and legume A. Toxicological Profile (63 FR 8635) (FR–5768–9), EPA issued vegetables (succulent and dried) group a notice pursuant to section 408 of the (except soybeans) at 5.0 ppm. EPA has evaluated the available Federal Food, Drug, and Cosmetic Act toxicity data and considered its validity, (FFDCA), 21 U.S.C. 346a as amended by I. Background and Statutory Findings completeness, and reliability as well as the Food Quality Protection Act of 1996 Section 408(b)(2)(A)(i) of the FFDCA the relationship of the results of the (FQPA) (Pub. L. 104–170) announcing allows EPA to establish a tolerance (the studies to human risk. EPA has also the filing of pesticide petitions (PP) legal limit for a pesticide chemical considered available information 2E4118 and 7F4886 for tolerance by residue in or on a food) only if EPA concerning the variability of the Monsanto Company, 700 14th Street, determines that the tolerance is ‘‘safe.’’ sensitivities of major identifiable Suite 1100, Washington, DC 20005 Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to subgroups of consumers, including address. This notice included a mean that ‘‘there is a reasonable infants and children. The nature of the summary of the petition prepared by certainty that no harm will result from toxic effects caused by glyphosate are Monsanto Company, the registrant. aggregate exposure to the pesticide discussed in this unit.
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1. Several acute toxicology studies mg/kg/day, and a maternal NOAEL of dermal or inhalation endpoints were placing technical-grade glyphosate in 1,000 mg/kg/day based on decrease in identified. In a 21-day dermal toxicity Toxicity Category III and Toxicity body weight gain, diarrhea, soft stools, study with rabbits, no systemic or Category IV. Technical glyphosate is not breathing rattles, inactivity, red matter dermal toxicity was seen following a dermal sensitizer. in the region of nose, mouth, forelimbs, repeated applications of glyphosate at 0, 2. A 21-day dermal toxicity study or dorsal head, and deaths at 3,500 mg/ 100, 1,000, or 5,000 mg/kg/day. The rabbits were exposed to glyphosate at kg/day (HDT). NOAEL was 1,000 mg/kg/day and the levels of 0, 10, 1,000, or 5,000 8. A developmental toxicity study in LOAEL was 5,000 mg/kg/day based milligrams/kilogram/day (mg/kg/day). rabbits given doses of 0, 75, 175, and decreased food consumption in males. The systemic no observed adverse effect 350 mg/kg/day with a developmental In addition, the use of 3% dermal level (NOAEL) was 1,000 mg/kg/day NOAEL of 175 mg/kg/day (insufficient absorption rate (estimated) in and the lowest observed adverse effect litters were available at 350 mg/kg/day conjunction with the oral NOAEL of 175 level (LOAEL) was 5,000 mg/kg/day to assess developmental toxicity); a mg/kg/day established in the rabbit based on decreased food consumption maternal NOAEL of 175 mg/kg/day development study yields a dermal in males. Although serum lactate based on increased incidence of soft equivalent dose of greater than 5,000 dehydrogenase was decreased in both stool, diarrhea, nasal discharge, and mg/kg/day. sexes at the high dose, this finding was deaths at 350 mg/kg/day (HDT). Based on the low toxicity of the not considered to be toxicologically 9. A multi-generation reproduction formulation product (Toxicity Category significant. study with rats fed dosage levels of 0, III and IV) and the physical 3. A 1-year feeding study with dogs 3, 10, and 30 mg/kg/day with the characteristics of the technical product fed dosage levels of 0, 20, 100, and 500 parental NOAEL/LOAEL 30 mg/kg/day there is minimal concern for potential milligrams/kilogram/day (mg/kg/day) (HDT). The only effect observed was an inhalation exposure or risk. The acute with a (NOAEL) of 500 mg/kg/day. increased incidence of focal tubular inhalation study was waived for 4. A 2-year carcinogenicity study in dilation of the kidney (both unilateral technical glyphosate. Some glyphosate mice fed dosage levels of 0, 150, 750, and bilateral combined) in the high-dose end-use products are in Toxicity and 4,500 mg/kg/day with no male F3b pups. Since the focal tubular Category I or II for eye or dermal carcinogenic effect at the highest dose dilation of the kidneys was not observed irritation. The Reregistation Eligibility tested (HDT) of 4,500 mg/kg/day. at the 1,500 mg/kg/day level (HDT) in Decision Document for Glyphosate 5. A chronic feeding/carcinogenicity the rat reproduction study discussed (Sept, 1993) indicates that the Agency is study in male and female rats fed dosage below, but was observed at the 30 mg/ not adding any additional personal levels of 0, 3, 10, and 31 mg/kg/day kg/day level (HDT) in the 3-generation protective equipment (PPE) (males) and 0, 3, 11, or 34 mg/kg/day rat reproduction study the latter was a requirements to labels of end-use (females) with no carcinogenic effects spurious rather than glyphosate-related products, but that it continues to observed under the conditions of the effect. Therefore, the parental and recommend the PPE and precautionary study at dose levels up to and including reproductive (pup) NOAELs are 30 mg/ statements required for end-use 31 mg/kg/day (HDT) (males) and 34 mg/ kg/day. products in Toxicity Categories I and II. kg/day (HDT) (females) and a systemic 10. A 2-generation reproduction study 3. Chronic toxicity. EPA has NOAEL of 31 mg/kg/day (HDT)(males) with rats fed dosage levels of 0, 100, established the Reference Dose (RfD) for and 34 mg/kg/day (HDT) (females). 500, and 1,500 mg/kg/day with a glyphosate at 2.0 mg/kg/day. This RfD is Because a maximum tolerated dose systemic NOEL of 500 mg/kg/day based based on the maternal NOAEL of 175 (MTD) was not reached, this study was on soft stools in Fo and F1 males and mg/kg/day from a rabbit developmental classified as supplemental for females at 1,500 mg/kg/day (HDT) and study and a 100-fold safety factor. carcinogenicity. a reproductive NOEL 1,500 mg/kg/day 4. Carcinogenicity. Glyphosate has 6. A chronic feeding/carcinogenicity (HDT). been classified as a Group E chemical- study in male and female rats fed dosage 11. Mutagenicity data included no evidence of carcinogenicity in two levels of 0, 89, 362, and 940 mg/kg/day chromosomal aberration in vitro (no acceptable animal species. (males) and 1, 113, 457, and 1,183 mg/ aberrations in Chinese hamster ovary C. Exposures and Risks kg/day (females) with no carcinogenic cells were caused with and without S9 effects noted under the conditions of the activation); DNA repair in rat 1. From food and feed uses. study at dose levels up to and including hepatocyte; in vivo bone marrow Tolerances have been established (40 940/1,183 mg/kg/day (males/females) cytogenic test in rats; rec-assay with B. CFR 180.364) for the residues of (N- (HDT) and a systemic NOAEL of 362 subtilis; reverse mutation test with S. (phosphonomethyl)glycine and its mg/kg/day (males) based on an typhimurium; Ames test with S. metabolite aminomethylphosphonic increased incidence of cataracts and typhimurium; and dominant-lethal acid resulting from the application of lens abnormalities, decreased urinary mutagenicity test in mice (all negative). the Isopropylamine salt of glyphosate pH, increased liver weight and and/or the monoammonium salt of increased liver weight/brain ratio B. Toxicological Endpoints glyphosate, in or on a variety of raw (relative liver weight) at 940 mg/kg/day 1. Acute toxicity. No toxicological agricultural commodities. Tolerances (males) (HDT) and 457 mg/kg/day endpoint attributable to a single dose are established on kidney of cattle, (females) based on decreased body was identified in oral studies including goats, hogs, horses, and sheep at 4.0 weight gain 1,183 mg/kg/day (females) the rat and rabbit developmental ppm; liver of cattle, goats, hogs, horses, (HDT). studies. There are no data requirements and sheep at 0.5 ppm; and liver and 7. A developmental toxicity study in for acute or subacute neurotoxicity kidney of poultry at 0.5 ppm. Risk rats given doses of 0, 300, 1,000, and studies since there was no evidence of assessments were conducted by EPA to 3,500 mg/kg/day with a developmental neurotoxicity in any of the toxicology assess dietary exposures from (fetal) NOAEL of 1,000 mg/kg/day based studies at very high doses and glyphosate as follows: on an increase in number of litters and glyglyphosate lacks a leaving group. i. Acute exposure and risk. Acute fetuses with unossified sternebrae, and 2. Short- and intermediate-term dietary risk assessments are performed decrease in fetal body weight at 3,500 toxicity. No short or intermediate for a food-use pesticide if a toxicological
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The Reregistation Eligibility attributable to single dose were water so that the aggregate chronic Decision Document for Glyphosate identified in the oral studies including exposure (food+water+ residential) will (SEP-1993) indicates the Agency is not rat and rabbit developmental studies. occupy no more than 100% of the RfD. adding additional personal protective There are no data requirements for acute Glyphosate is registered for residential equipment (PPE) requirements to labels and subchronic neurotoxicity studies products, however, a residential of end-use products, but that it and no evidence of neurotoxicity in any exposure assessment is not required continues to recommend the PPE and of the toxicity studies at very high since there are no endpoints selected for precautionary statements required for doses. The Agency concludes with either dermal or inhalation exposure. end-use products in Toxicity Categories reasonable certainty that glyphosate The Agency‘s default body weights and I and II. dose not elicit an acute toxicological consumption values used to calculate response. An acute dietary risk DWLOCs are as follows: 70 kg/2L (adult ii. Chronic exposure and risk. assessment is not needed. male), 60 kg/2L (adult female), and 10 Although there are registered residential ii. Chronic exposure and risk. The kg/1L (child). uses for glyphosate, glyphosate does not chronic dietary exposure analysis was i. Acute exposure and risk. An acute meet the Agency’s criteria for residential conduced using the (RfD) of 2.0 mg/kg/ dietary endpoint and dose was not data requirements, due to the lack of day based on the maternal NOAEL of identified in the toxicology data base. toxicological concerns. Incidental acute 175 mg/kg/day from a developmental Adequate rat and rabbit developmental and/or chronic dietary exposures from study and an uncertainty factor of 100 studies did not provide a dose or residential uses of glyphosate are not (applicable to all population groups) the endpoint that could be used for acute expected to pose undue risks to the Dietary Exposure Evaluation Model dietary risk purposes. Additionally, general population, including infants (DEEM) analysis assumed tolerance there were no data requirements for and children. levels residues and 100% of the crop acute or subchronic rat neurotoxicity iii. Short- and intermediate-term treated. These assumptions resulted in studies since there was no evidence of exposure and risk. EPA identified no the following theoretical maximum neurotoxicity in any of the toxicology toxicological concerns for short- residue contributions and % RfDs for studies at very high doses. intermediate- and long-term dermal or certain population subgroups. The ii. Chronic exposure and risk. The TMRC for the US population (48 states) DWLOC (chronic) (non-cancer) risk is inhalation routes of exposures. The was 0.029960 or 1.5% of the RfD, calculated by multiplying the chronic Agency concludes that exposures from 0.026051 or 1.3% of the RfD for nursing water exposure (mg/kg/day) x (body residential uses of glyphosate are not infants (less than on 1 year old), weight ) divided by the consumption (L) expected to pose undue risks. 0.065430 or 3.3% of the RfD for non- x 10-3 mg/ug. The DWLOCS are 69,000 4. Cumulative exposure to substances nursing infants less than 1 year old; µg/L for the U.S. population in 48 states, with common mechanism of toxicity. 0.064388 or 3.2% of the RfD for children males (13+), non-Hispanic whites, and Section 408(b)(2)(D)(v) requires that, (1-6 years old); 0.043017 or 2.2% of the non-Hispanic blacks; and 19,000 for when considering whether to establish, RfD for children (7-12 years old); non-nursing infants (less than 1 year modify, or revoke a tolerance, the 0.030928 or 1.5% of the RfD for females old) and children (1-6 years). The Agency consider ‘‘available (13+/nursing); 0.030241 or 1.5% of the GENEEC and SCI-GROW estimated that information’’ concerning the cumulative RfD for non-Hispanic whites; and average concentrations of glyphosate in effects of a particular pesticide’s 0.030206 or 1.5% of the RfD for non- the surface and ground water are less residues and ‘‘other substances that Hispanic blacks. than the DWLOC (chronic). Therefore, have a common mechanism of toxicity.’’ iii. Chronic risk-carcinogenic. taking into account present uses and Glyphosate has been classified as a uses proposed in this action, the Agency EPA does not have, at this time, group E chemical no evidence of concludes with reasonable certainty that available data to determine whether carcinogenicity in two acceptable no harm will result from chronic glyphosate has a common mechanism of animal species. aggregate exposure to glyphosate. toxicity with other substances or how to 2. From drinking water. Generic 3. From non-dietary exposure. include this pesticide in a cumulative expected environmental concentration Glyphosate is currently registered for risk assessment. Unlike other pesticides (GENEEC) and Screening concentration use on the following residential non- for which EPA has followed a and ground water (SCI-GROW) models food sites: Around ornamentals, shade cumulative risk approach based on a were run to produce estimates of trees, shrubs, walk, driveways, flower common mechanism of toxicity, glyphosate concentrations in surface beds and home lawns. Based on the glyphosate does not appear to produce and ground water, respectively. The registered uses of glyphosate, the a toxic metabolite produced by other drinking water exposure for glyphosate potential for residential exposures substances. For the purposes of this from the ground water screening model, exists. However, based on the low acute tolerance action, therefore, EPA has not SCI-GROW, yields a peak and chronic toxicity and lack of other toxicological assumed that glyphosate has a common Estimated Environmental Concentration concerns, glyphosate does not meet the mechanism of toxicity with other (EEC) of 0.0011 ppb in ground water. Agency‘s criteria for residential data substances. For information regarding The GENEEC values represent upper- requirements. Exposures from EPA’s efforts to determine which bound estimates of the concentrations residential uses are not expected to pose chemicals have a common mechanism that might be found in surface water due undue risks or harm to public health. of toxicity and to evaluate the to glyphosate use. Thus, the GENEEC i. Acute exposure and risk. There are cumulative effects of such chemicals, model predicts that glyphosate surface no acute toxicological concerns for see the final rule for Bifenthrin Pesticide water concentrations range from a peak glyphosate. Glyphosate has been the Tolerances (62 FR 62961, November 26, of 1.64 ppb to a 56 day average of 0.19 subject of numerous incident reports, 1997).
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D. Aggregate Risks and Determination of Reproduction studies provide has concluded that aggregate exposure Safety for U.S. Population information relating to effects from to glyphosate from food will utilize 1. Acute risk. There was no acute exposure to the pesticide on the 3.0.% of the RfD for infants and dietary endpoint identified, therefore reproductive capability of mating children. EPA generally has no concern there are no acute toxicological animals and data on systemic toxicity. for exposures below 100% of the RfD FFDCA section 408 provides that EPA concerns for glyphosate. because the RfD represents the level at shall apply an additional tenfold margin 2. Chronic risk. Using the TMRC or below which daily aggregate dietary of safety for infants and children in the exposure assumptions described in this exposure over a lifetime will not pose case of threshold effects to account for unit, EPA has concluded that aggregate appreciable risks to human health. pre-and post-natal toxicity and the exposure to glyphosate from food will Despite the potential for exposure to completeness of the database unless utilize 1.5% of the RfD for the U.S. glyphosate in drinking water and from EPA determines that a different margin non-dietary, non-occupational exposure, population. The major identifiable of safety will be safe for infants and subgroup with the highest aggregate EPA does not expect the aggregate children. Margins of safety are exposure to exceed 100% of the RfD. exposure is non-nursing infants (less incorporated into EPA risk assessments than 1 year) and children (1-6) as 4. Short- or intermediate-term risk. either directly through use of a margin Short-term and intermediate-term discussed below. EPA generally has no of exposure (MOE) analysis or through concern for exposures below 100% of dermal and inhalation risk is not a using uncertainty (safety) factors in concern due to the lack of significant the RfD because the RfD represents the calculating a dose level that poses no level at or below which daily aggregate toxicological effects observed with appreciable risk to humans. EPA glyphosate under these exposure dietary exposure over a lifetime will not believes that reliable data support using pose appreciable risks to human health. scenarios. the standard uncertainty factor (usually 5. Determination of safety. Based on Despite the potential for exposure to 100 for combined inter- and intra- these risk assessments, EPA concludes glyphosate in drinking water and from species variability) and not the that there is a reasonable certainty that non-dietary, non-occupational exposure, additional tenfold MOE/uncertainty no harm will result to infants and EPA does not expect the aggregate factor when EPA has a complete data children from aggregate exposure to exposure to exceed 100% of the RfD. base under existing guidelines and glyphosate residues. EPA concludes that there is a reasonable when the severity of the effect in infants certainty that no harm will result from or children or the potency or unusual III. Other Considerations aggregate exposure to glyphosate toxic properties of a compound do not A. Metabolism In Plants and Animals residues. raise concerns regarding the adequacy of 3. Short- and intermediate-term risk. the standard MOE/safety factor. The qualitative nature of the residue Short-and intermediate-term dermal and ii. Pre- and post-natal sensitivity. The in plants is adequately understood. inhalation risk is not a concern due to oral perinatal and prenatal data Studies with a variety of plants the lack of significant toxicological demonstrated no indication of increased including corn, cotton, soybeans, and effects observed with glyphosate under sensitivity of rats or rabbits to in utero wheat indicate that the uptake of these exposure scenarios. and postnatal exposure to glyphosate. glyphosate or its metabolite, Short- and intermediate-term iii. Conclusion. There is a complete aminomethylphosphonic acid (AMPA), aggregate exposure takes into account toxicity database for glyphosate and from soil is limited. The material which chronic dietary food and water exposure data is complete or is is taken up is readily translocated. (considered to be a background estimated based on data that reasonably Foliarly applied glyphosate is readily exposure level) plus indoor and outdoor accounts for potential exposures. Based absorbed and translocated throughout residential exposure. on these data, there is no indication that the trees or vines to the fruit of apples, 4. Aggregate cancer risk for U.S. the developing fetus or neonate is more coffee, dwarf citrus (calamondin), pears population. Glyphosate has been sensitive than adult animals. No and grapes. Metabolism via N- classified as a Group E chemical, with developmental neurotoxicity studies are methylation yields N-methylated no evidence of carcinogenicity for being required at this time. A glycines and phosphonic acids. For the humans in two acceptable animal developmental neurotoxicity data most part, the ratio of glyphosate to studies. requirement is an upper tier study and AMPA is 9 to 1 but can approach 1 to 5. Determination of safety. Based on required only if effects observed in the 1 in a few cases (e.g., soybeans and these risk assessments, EPA concludes acute and 90-day neurotoxicity studies carrots). Much of the residue data for that there is a reasonable certainty that indicate concerns for frank neuropathy crops reflects a detectable residue of no harm will result from aggregate or alterations seen in fetal nervous parent (0.05 - 0.15 ppm) along with exposure to glyphosate residues. system in the developmental or residues below the level of detection reproductive toxicology studies. The (<0.05 ppm) of AMPA. The terminal E. Aggregate Risks and Determination of Agency believes that reliable data residue to be regulated in plants is Safety for Infants and Children support the use of the standard 100-fold glyphosate per se. 1. Safety factor for infants and uncertainty factor, and that a tenfold The qualitative nature of the residue children—i. In general. In assessing the (10x) uncertainty factor is not needed to in animals is adequately understood. potential for additional sensitivity of protect the safety of infants and Studies with lactating goats and laying infants and children to residues of children. hens fed a mixture of glyphosate and glyphosate, EPA considered data from 2. Acute risk. There are no acute AMPA indicate that the primary route of developmental toxicity studies in the rat toxicological endpoints for glyphosate. elimination was by excretion (urine and and rabbit and a 2-generation The Agency concludes that feces). These results are consistent with reproduction study in the rat. The establishment of the proposed metabolism studies in rats, rabbits, and developmental toxicity studies are tolerances would not pose an cows. The terminal residues in eggs, designed to evaluate adverse effects on unacceptable aggregate risk. milk, and animal tissues are glyphosate the developing organism resulting from 3. Chronic risk. Using the exposure and its metabolite AMPA; there was no maternal pesticide exposure gestation. assumptions described in this unit, EPA evidence of further metabolism. The
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Analytical Enforcement Methodology Unitied States. the Administrator such a waiver or Adequate enforcement methods are No Codex, Canadian or Mexican refund is equitable and not contrary to available for analysis of residues of MRLs exist for sugar beets or canola the purpose of this subsection.’’ For glyphosate in or on plant commodities. meal, therefore harmonization is not an additional information regarding These methods include GLC (Method I issue. tolerance objection fee waivers, contact in Pesticides Analytical Manual (PAM) E. Rotational Crop Restrictions James Tompkins, Registration Division II; the limit of detection is 0.05 ppm) (7505C), Office of Pesticide Programs, and High performance liquid Glyphosate labels currently bear is a Environmental Protection Agency, 401 chromotography (HPLC) with 30-day minimum plant back interval for M St., SW., Washington, DC 20460. fluorometric detection. Use of the GLC crops on which the use of glyphosate is Office location, telephone number, and method is discouraged due to the not registered. e-mail address: Rm. 239, Crystal Mall lengthiness of the experimental IV. Conclusion #2, 1921 Jefferson Davis Hwy., procedure. The HPLC procedure has Arlington, VA, (703) 305–5697; undergone successful Agency validation Therefore, the tolerance is established [email protected]. Requests for and was recommended for inclusion in for residues of (N- waiver of tolerance objection fees PAM II. A GC/MS method for (phosphonomethyl)glycine) resulting should be sent to James Hollins, glyphosate in crops has also been from the application of the Information Resources and Services validated by EPA’s Analytical isopropylamine salt of glyphosate and/ Division (7502C), Office of Pesticide Chemistry Laboratory (ACL). or the monoammonium salt of Programs, Environmental Protection Adequate analytical methods are glyphosate in or on the raw agricultural Agency, 401 M St., SW., Washington, available for residue data collection and commodities barley, grain to 20 ppm; DC 20460. enforcement of the proposed tolerances barley bran at 30 ppm; beets, sugar, If a hearing is requested, the of glyphosate in or on barley, bran, dried pulp at 25 ppm; beets, sugar, roots objections must include a statement of barley, grain; cereal grains (except at 10 ppm; beet, sugar, tops at 10 ppm; the factual issues on which a hearing is wheat, corn, oats, grain sorghum, and canola, meal at 15 ppm; canola, seed at requested, the requestor’s contentions barley); canola seed, canola meal, and 10 ppm; grain crops (except wheat, on such issues, and a summary of any legume vegetables group. corn, oats, grain sorghum, and barley) at evidence relied upon by the requestor 0.1 ppm; and legume vegetables (40 CFR 178.27). A request for a hearing C. Magnitude of Residues (succulent and dried) group (except will be granted if the Administrator The available crop field trial residue soybeans) at 5 ppm. The entries for determines that the material submitted data support the establishment of grain crops and beets, sugar replace shows the following: There is genuine tolerances in barley, bran at 30 ppm; current entries for these commodities. and substantial issue of fact; there is a barley, grain at 20 ppm; beets, sugar, V. Objections and Hearing Requests reasonable possibility that available dried pulp at 25 ppm; beets, sugar, roots evidence identified by the requestor at 10 ppm; beets, sugar, tops at 10 ppm; The new FFDCA section 408(g) would, if established, resolve one or canola, meal at 15 ppm; canola, seed at provides essentially the same process more of such issues in favor of the 10 ppm; and legume vegetable for persons to ‘‘object’’ to a tolerance requestor, taking into account (succulent and dried) group (except regulation as was provided in the old uncontested claims or facts to the soybeans) at 5 ppm. These entries for section 408 and in section 409. contrary; and resolution of the factual sugar beets will replace the current However, the period for filing objections issues in the manner sought by the entry for beets, sugar at 0.2 ppm. is 60 days, rather than 30 days. EPA requestor would be adequate to justify The available data support deleting currently has procedural regulations the action requested (40 CFR 178.32). the current entry for grain crops (except which govern the submission of Information submitted in connection wheat, corn, oats, and grain sorghum) at objections and hearing requests. These with an objection or hearing request 0.01 ppm and replacing it with grain regulations will require some may be claimed confidential by marking crops (except wheat, corn, oats, grain modification to reflect the new law. any part or all of that information as sorghum and barley) at 0.1 ppm. However, until those modifications can CBI. Information so marked will not be be made, EPA will continue to use those disclosed except in accordance with D. International Residue Limits procedural regulations with appropriate procedures set forth in 40 CFR part 2. Codex Maximum residue levels adjustments to reflect the new law. A copy of the information that does not (MRLs) exist for barley, dry peas, dry Any person may, by June 14, 1999, contain CBI must be submitted for beans, and canola seed at 20, 5, 2, and file written objections to any aspect of inclusion in the public record. 10 ppm respectively. Canadian MRLs this regulation and may also request a Information not marked confidential exist for barley, barley milling fractions, hearing on those objections. Objections may be disclosed publicly by EPA pes, beans, and lentils at 10, 15, 5, 2 and and hearing requests must be filed with without prior notice. 4 ppm respectively. Mexican MRLs exist the Hearing Clerk, at the address given for barley, peas, and beans at 0.1, 0.2, under the ‘‘ADDRESSES’’ section (40 VI. Public Record and Electronic and 0.2 ppm, respectively. The Mexican CFR 178.20). A copy of the objections Submissions and Canadian MRLs are lower than and/or hearing requests filed with the EPA has established a record for this needed to cover residues form the Hearing Clerk should be submitted to regulation under docket control number proposed use pattens in the U.S. The the OPP docket for this regulation. The [OPP–300835] (including any comments tolerances to be established for group objections submitted must specify the and data submitted electronically). A (excluding soybeans), barley, grain, and provisions of the regulation deemed public version of this record, including canola seed agree with Codex MRLs in objectionable and the grounds for the printed, paper versions of electronic place. The legume vegetable group objections (40 CFR 178.25). Each comments, which does not include any tolerance includes tolerances for peas, objection must be accompanied by the information claimed as CBI, is available
VerDate 23-MAR-99 15:23 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.XXX pfrm04 PsN: 14APR1 18366 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations for inspection from 8:30 a.m. to 4 p.m., In addition, since tolerances and substantial direct compliance costs on Monday through Friday, excluding legal exemptions that are established on the those communities, unless the Federal holidays. The public record is located in basis of a petition under FFDCA section government provides the funds Room 119 of the Public Information and 408(d), such as the tolerance in this necessary to pay the direct compliance Records Integrity Branch, Information final rule, do not require the issuance of costs incurred by the tribal Resources and Services Division a proposed rule, the requirements of the governments. If the mandate is (7502C), Office of Pesticide Programs, Regulatory Flexibility Act (RFA) (5 unfunded, EPA must provide OMB, in Environmental Protection Agency, U.S.C. 601 et seq.) do not apply. a separately identified section of the Crystal Mall #2, 1921 Jefferson Davis Nevertheless, the Agency previously preamble to the rule, a description of Hwy., Arlington, VA. assessed whether establishing the extent of EPA’s prior consultation Objections and hearing requests may tolerances, exemptions from tolerances, with representatives of affected tribal be sent by e-mail directly to EPA at: raising tolerance levels or expanding governments, a summary of the nature [email protected]. exemptions might adversely impact of their concerns, and a statement small entities and concluded, as a supporting the need to issue the E-mailed objections and hearing generic matter, that there is no adverse regulation. In addition, Executive Order requests must be submitted as an ASCII economic impact. The factual basis for 13084 requires EPA to develop an the Agency’s generic certification for file avoiding the use of special effective process permitting elected tolerance actions published on May 4, characters and any form of encryption. officials and other representatives of The official record for this regulation, 1981 (46 FR 24950), and was provided Indian tribal governments ‘‘to provide as well as the public version, as to the Chief Counsel for Advocacy of the meaningful and timely input in the described in this unit will be kept in Small Business Administration. development of regulatory policies on paper form. Accordingly, EPA will B. Executive Order 12875 matters that significantly or uniquely transfer any copies of objections and hearing requests received electronically Under Executive Order 12875, affect their communities.’’ into printed, paper form as they are entitled Enhancing the Today’s rule does not significantly or received and will place the paper copies Intergovernmental Partnership (58 FR uniquely affect the communities of in the official record which will also 58093, October 28, 1993), EPA may not Indian tribal governments. This action include all comments submitted directly issue a regulation that is not required by does not involve or impose any in writing. The official record is the statute and that creates a mandate upon requirements that affect Indian tribes. paper record maintained at the Virginia a State, local or tribal government, Accordingly, the requirements of address in ‘‘ADDRESSES’’ at the unless the Federal government provides section 3(b) of Executive Order 13084 beginning of this document. the funds necessary to pay the direct do not apply to this rule. compliance costs incurred by those VII. Regulatory Assessment governments. If the mandate is VIII. Submission to Congress and the Requirements unfunded, EPA must provide to OMB a Comptroller General A. Certain Acts and Executive Orders description of the extent of EPA’s prior consultation with representatives of The Congressional Review Act, 5 This final rule establishes a tolerance affected State, local, and tribal U.S.C. 801 et seq., as added by the Small under section 408(d) of the FFDCA in governments, the nature of their Business Regulatory Enforcement response to a petition submitted to the concerns, copies of any written Fairness Act of 1996, generally provides Agency. The Office of Management and communications from the governments, that before a rule may take effect, the Budget (OMB) has exempted these types and a statement supporting the need to Agency promulgating the rule must of actions from review under Executive issue the regulation. In addition, submit a rule report, which includes a Order 12866, entitled Regulatory Executive Order 12875 requires EPA to copy of the rule, to each House of the Planning and Review (58 FR 51735, develop an effective process permitting Congress and the Comptroller General of October 4, 1993). This final rule does elected officials and other the United States. EPA will submit a not contain any information collections representatives of State, local, and tribal report containing this rule and other subject to OMB approval under the governments ‘‘to provide meaningful required information to the U.S. Senate, Paperwork Reduction Act (PRA), 44 and timely input in the development of the U.S. House of Representatives and U.S.C. 3501 et seq., or impose any regulatory proposals containing the Comptroller General of the United enforceable duty or contain any significant unfunded mandates.’’ States prior to publication of the rule in unfunded mandate as described under Today’s rule does not create an the Federal Register. This rule is not a Title II of the Unfunded Mandates unfunded Federal mandate on State, ‘‘major rule’’ as defined by 5 U.S.C. Reform Act of 1995 (UMRA) (Pub. L. local, or tribal governments. The rule 804(2). 104–4). Nor does it require any prior does not impose any enforceable duties consultation as specified by Executive on these entities. Accordingly, the List of Subjects in 40 CFR Part 180 Order 12875, entitled Enhancing the requirements of section 1(a) of Environmental protection, Intergovernmental Partnership (58 FR Executive Order 12875 do not apply to Administrative practice and procedure, 58093, October 28, 1993), or special this rule. Agricultural commodities, Pesticides considerations as required by Executive and pests, Reporting and recordkeeping Order 12898, entitled Federal Actions to C. Executive Order 13084 requirements. Address Environmental Justice in Under Executive Order 13084, Minority Populations and Low-Income entitled Consultation and Coordination Dated: March 30, 1999. Populations (59 FR 7629, February 16, with Indian Tribal Governments (63 FR James Jones, 1994), or require OMB review in 27655, May 19, 1998), EPA may not accordance with Executive Order 13045, issue a regulation that is not required by Director, Registration Division, Office of entitled Protection of Children from statute, that significantly or uniquely Pesticide Programs. Environmental Health Risks and Safety affects the communities of Indian tribal Therefore, 40 CFR chapter I is Risks (62 FR 19885, April 23, 1997). governments, and that imposes amended as follows:
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PART 180-[AMENDED] squash, cantaloupe, watermelon, and mail. Copies of electronic objections and cucumber at 1 part per million (ppm) for hearing requests on this rule may be 1. The authority citation for part 180 an additional 11⁄2–year period.This filed online at many Federal Depository continues to read as follows: tolerance will expire and is revoked on Libraries. Authority: 21 U.S.C. 321(q), 346a, and 371. September 30, 2001. This action is in FOR FURTHER INFORMATION CONTACT: By response to EPA’s granting of an mail: Libby Pemberton, Registration 2. Section 180.364 is amended, by emergency exemption under section 18 Division (7505C), Office of Pesticide removing from the table in paragraph of the Federal Insecticide, Fungicide, Programs, Environmental Protection (a)(1), the commodities ‘‘beets, sugar’’ and Rodenticide Act (FIFRA) Agency, 401 M St., SW., Washington, and ‘‘grain crops (except wheat, corn, authorizing use of the pesticide on DC 20460. Office location, telephone oats, and grain sorghum)’’ and by squash, cantaloupe, watermelon, and number, and e-mail address: Rm. 280, alphabetically adding new paragraph cucumber. Section 408(l)(6) of the CM #2, 1921 Jefferson Davis Hwy., (a)(3) to read as follows: Federal Food, Drug, and Cosmetic Act Arlington, VA, 703 308–9364, §180.364 Glyphosate; tolerances for requires EPA to establish a time-limited [email protected]. residues. tolerance or exemption from the SUPPLEMENTARY INFORMATION: EPA requirement for a tolerance for pesticide (a) * * * issued a final rule, published in the chemical residues in food that will (3) Tolerances are established for Federal Register of February 18, 1998 result from the use of a pesticide under residues of glyphosate, (N- (63 FR 8134) (FRL–5767–8), which an emergency exemption granted by (phosphonomethyl)glycine) resulting announced that on its own initiative EPA under FIFRA section 18. from the applicaiton of the under section 408 of the Federal Food, isopropylamine salt of glyphosate and/ DATES: This regulation becomes Drug, and Cosmetic Act (FFDCA), 21 or the monoammium salt of glyphosate effective April 14, 1999. Objections and U.S.C. 346a and (l)(6), as amended by in or on the following food requests for hearings must be received the Food Quality Protection Act of 1996 commodities. by EPA, on or before June 14, 1999. (FQPA) (Pub. L. 104–170) it established ADDRESSES: Written objections and a time-limited tolerance for the residues hearing requests, identified by the of dimethomorph in or on squash, docket control number [OPP–300842], cantaloupe, watermelon, and cucumber must be submitted to: Hearing Clerk Commodity Parts per mil- at 1.0 ppm, with an expiration date of lion (1900), Environmental Protection March 31, 2000. EPA established the Agency, Rm. M3708, 401 M St., SW., tolerance because section 408(l)(6) of Barley, bran ...... 30 Washington, DC 20460. Fees the FFDCA requires EPA to establish a Barley, grain ...... 20 accompanying objections and hearing time-limited tolerance or exemption Beets, sugar, dried pulp ...... 25 requests shall be labeled ‘‘Tolerance from the requirement for a tolerance for Petition Fees’’ and forwarded to: EPA pesticide chemical residues in food that Beets, sugar, roots ...... 10 Headquarters Accounting Operations will result from the use of a pesticide Beets, sugar, tops ...... 10 Branch, OPP (Tolerance Fees), P.O. Box under an emergency exemption granted Canola, meal ...... 15 360277M, Pittsburgh, PA 15251. A copy by EPA under FIFRA section 18. Such Canola, seed ...... 10 of any objections and hearing requests tolerances can be established without filed with the Hearing Clerk identified providing notice or period for public Grain crops (except wheat, 0.1 by the docket control number, [OPP– comment. oats, grain sorghum and 300842], must also be submitted to: EPA received a request to extend the barley). Public Information and Records use of dimetomorph on squash, Legume vegetables 5 Integrity Branch, Information Resources cantaloupe, watermelon, and cucumber (succculent and dried) and Services Division (7502C), Office of for this years growing season due to the group (except soybeans). Pesticide Programs, Environmental continued need for control of crown rot Protection Agency, 401 M St., SW., (Phytophthora capsici) in Georgia. After * * * * * Washington, DC 20460. In person, bring having reviewed the submission, EPA [FR Doc. 99–9317 Filed 4–13–99; 8:45 am] a copy of objections and hearing concurs that emergency conditions BILLING CODE 6560±50±F requests to Rm. 119, Crystal Mall 2 (CM exist. EPA has authorized under FIFRA #2), 1921 Jefferson Davis Hwy., section 18 the use of dimethomorph on Arlington, VA. squash, cantaloupe, watermelon, and ENVIRONMENTAL PROTECTION A copy of objections and hearing cucumber for control of crown rot in AGENCY requests filed with the Hearing Clerk Georgia. may also be submitted electronically by EPA assessed the potential risks 40 CFR Part 180 sending electronic mail (e-mail) to: opp- presented by residues of dimethomorph [OPP±300842; FRL±6075±2] [email protected]. Copies of electronic in or on squash, cantaloupe, objections and hearing requests must be watermelon, and cucumber. In doing so, RIN 2070±AB78 submitted as an ASCII file avoiding the EPA considered the safety standard in Dimethomorph; Extension of use of special characters and any form FFDCA section 408(b)(2), and decided Tolerance for Emergency Exemptions of encryption. Copies of objections and that the necessary tolerance under hearing requests will also be accepted FFDCA section 408(l)(6) would be AGENCY: Environmental Protection on disks in WordPerfect 5.1/6.1 or consistent with the safety standard and Agency (EPA). ASCII file format. All copies of with FIFRA section 18. The data and ACTION: Final rule. electronic objections and hearing other relevant material have been requests must be identified by the evaluated and discussed in the final rule SUMMARY: This regulation extends a docket control number [OPP–300842]. of February 18, 1998 (63 FR 8134) (FRL– time-limited tolerance for residues of No Confidential Business Information 5767–8). Based on that data and the fungicide dimethomorph in or on (CBI) should be submitted through e- information considered, the Agency
VerDate 23-MAR-99 15:23 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.XXX pfrm04 PsN: 14APR1 18368 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations reaffirms that extension of the time- Environmental Protection Agency, 401 Objections and hearing requests may limited tolerance will continue to meet M St., SW., Washington, DC 20460. be sent by e-mail directly to EPA at: the requirements of section 408(l)(6). Office location, telephone number, and [email protected]. Therefore, the time-limited tolerance is e-mail address: Rm. 239, CM #2, 1921 extended for an additional 11⁄2–year Jefferson Davis Hwy., Arlington, VA, E-mailed objections and hearing period. EPA will publish a document in (703) 305–5697, [email protected]. requests must be submitted as an ASCII the Federal Register to remove the Requests for waiver of tolerance file avoiding the use of special revoked tolerance from the Code of objection fees should be sent to James characters and any form of encryption. Federal Regulations (CFR). Although Hollins, Information Resources and The official record for this regulation, this tolerance will expire and is revoked Services Division (7502C), Office of as well as the public version, as on September 30, 2001, under FFDCA Pesticide Programs, Environmental described in this unit will be kept in section 408(l)(5), residues of the Protection Agency, 401 M St., SW., paper form. Accordingly, EPA will pesticide not in excess of the amounts Washington, DC 20460. transfer any copies of objections and specified in the tolerance remaining in If a hearing is requested, the hearing requests received electronically or on squash, cantaloupe, watermelon, objections must include a statement of into printed, paper form as they are and cucumber after that date will not be the factual issues on which a hearing is received and will place the paper copies unlawful, provided the pesticide is requested, the requestor’s contentions in the official record which will also applied in a manner that was lawful on such issues, and a summary of any include all comments submitted directly under FIFRA and the application evidence relied upon by the requestor in writing. The official record is the occurred prior to the revocation of the (40 CFR 178.27). A request for a hearing paper record maintained at the Virginia tolerance. EPA will take action to revoke will be granted if the Administrator address in ‘‘ADDRESSES’’ at the this tolerance earlier if any experience determines that the material submitted beginning of this document. with, scientific data on, or other shows the following: There is genuine relevant information on this pesticide III. Regulatory Assessment and substantial issue of fact; there is a Requirements indicate that the residues are not safe. reasonable possibility that available I. Objections and Hearing Requests evidence identified by the requestor A. Certain Acts and Executive Orders The new FFDCA section 408(g) would, if established, resolve one or This final rule establishes a tolerance provides essentially the same process more of such issues in favor of the under section 408 of the FFDCA. The for persons to ‘‘object’’ to a tolerance requestor, taking into account Office of Management and Budget regulation as was provided in the old uncontested claims or facts to the (OMB) has exempted these types of section 408 and in section 409. contrary; and resolution of the factual actions from review under Executive However, the period for filing objections issues in the manner sought by the Order 12866, entitled Regulatory is 60 days, rather than 30 days. EPA requestor would be adequate to justify Planning and Review (58 FR 51735, currently has procedural regulations the action requested (40 CFR 178.32). October 4, 1993). This final rule does which govern the submission of Information submitted in connection not contain any information collections objections and hearing requests. These with an objection or hearing request subject to OMB approval under the regulations will require some may be claimed confidential by marking Paperwork Reduction Act (PRA), 44 modification to reflect the new law. any part or all of that information as U.S.C. 3501 et seq., or impose any However, until those modifications can CBI. Information so marked will not be enforceable duty or contain any be made, EPA will continue to use those disclosed except in accordance with unfunded mandate as described under procedural regulations with appropriate procedures set forth in 40 CFR part 2. Title II of the Unfunded Mandates adjustments to reflect the new law. A copy of the information that does not Reform Act of 1995 (UMRA) (Pub. L. Any person may, by June 14, 1999, contain CBI must be submitted for 104–4). Nor does it require any special file written objections to any aspect of inclusion in the public record. considerations as required by Executive this regulation and may also request a Information not marked confidential Order 12898, entitled Federal Actions to hearing on those objections. Objections may be disclosed publicly by EPA Address Environmental Justice in and hearing requests must be filed with without prior notice. Minority Populations and Low-Income the Hearing Clerk, at the address given II. Public Record and Electronic Populations (59 FR 7629, February 16, under the ‘‘ADDRESSES’’ section (40 Submissions 1994), or require OMB review in CFR 178.20). A copy of the objections accordance with Executive Order 13045, and/or hearing requests filed with the EPA has established a record for this entitled Protection of Children from Hearing Clerk should be submitted to regulation under docket control number Environmental Health Risks and Safety the OPP docket for this rulemaking. The [OPP–300842] (including any comments Risks (62 FR 19885, April 23, 1997). objections submitted must specify the and data submitted electronically). A In addition, since tolerances and provisions of the regulation deemed public version of this record, including exemptions that are established under objectionable and the grounds for the printed, paper versions of electronic section 408(l)(6) of FFDCA, such as the objections (40 CFR 178.25). Each comments, which does not include any tolerance in this final rule, do not objection must be accompanied by the information claimed as CBI, is available require the issuance of a proposed rule, fee prescribed by 40 CFR 180.33(i). EPA for inspection from 8:30 a.m. to 4 p.m., the requirements of the Regulatory is authorized to waive any fee Monday through Friday, excluding legal Flexibility Act (RFA) (5 U.S.C. 601 et requirement ‘‘when in the judgement of holidays. The public record is located in seq.) do not apply. Nevertheless, the the Administrator such a waiver or Rm. 119 of the Public Information and Agency previously assessed whether refund is equitable and not contrary to Records Integrity Branch, Information establishing tolerances, exemptions the purpose of this subsection.’’ For Resources and Services Division from tolerances, raising tolerance levels additional information regarding (7502C), Office of Pesticide Programs, or expanding exemptions might tolerance objection fee waivers, contact Environmental Protection Agency, CM adversely impact small entities and James Tompkins, Registration Division #2, 1921 Jefferson Davis Hwy., concluded, as a generic matter, that (7505C), Office of Pesticide Programs, Arlington, VA. there is no adverse economic impact.
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The factual basis for the Agency’s 13084 requires EPA to develop an ENVIRONMENTAL PROTECTION generic certification for tolerance effective process permitting elected AGENCY actions published on May 4, 1981 (46 officials and other representatives of FR 24950), and was provided to the Indian tribal governments ‘‘to provide 40 CFR Part 180 Chief Counsel for Advocacy of the Small meaningful and timely input in the [OPP±300834; FRL±6073±4] Business Administration. development of regulatory policies on RIN 2070±AB78 B. Executive Order 12875 matters that significantly or uniquely affect their communities.’’ Oxyfluorfen; Extension of Tolerance Under Executive Order 12875, Today’s rule does not significantly or for Emergency Exemptions entitled Enhancing the uniquely affect the communities of Intergovernmental Partnership (58 FR Indian tribal governments. This action AGENCY: Environmental Protection 58093, October 28, 1993), EPA may not does not involve or impose any Agency (EPA). issue a regulation that is not required by requirements that affect Indian tribes. ACTION: Final rule. statute and that creates a mandate upon Accordingly, the requirements of a State, local or tribal government, section 3(b) of Executive Order 13084 SUMMARY: This regulation extends a unless the Federal government provides do not apply to this rule. time-limited tolerance for residues of the funds necessary to pay the direct the herbicide oxyfluorfen [2-chloro-1-(3- compliance costs incurred by those IV. Submission to Congress and the ethoxy-4-nitrophenoxy)-4- governments. If the mandate is Comptroller General (trifluoromethyl)benzene] in or on unfunded, EPA must provide to OMB a The Congressional Review Act, 5 strawberries at 0.05 part per million description of the extent of EPA’s prior U.S.C. 801 et seq., as added by the Small (ppm) for an additional 2-year period. consultation with representatives of Business Regulatory Enforcement This tolerance will expire and is affected State, local, and tribal Fairness Act of 1996, generally provides revoked on April 15, 2001. This action governments, the nature of their that before a rule may take effect, the is in response to EPA’s granting of an concerns, copies of any written Agency promulgating the rule must emergency exemption under section 18 communications from the governments, submit a rule report, which includes a of the Federal Insecticide, Fungicide, and a statement supporting the need to copy of the rule, to each House of the and Rodenticide Act (FIFRA) issue the regulation. In addition, Congress and the Comptroller General of authorizing use of the pesticide on Executive Order 12875 requires EPA to the United States. EPA will submit a strawberries. Section 408(l)(6) of the develop an effective process permitting report containing this rule and other Federal Food, Drug, and Cosmetic Act elected officials and other required information to the U.S. Senate, requires EPA to establish a time-limited representatives of State, local, and tribal the U.S. House of Representatives and tolerance or exemption from the governments ‘‘to provide meaningful the Comptroller General of the United requirement for a tolerance for pesticide and timely input in the development of States prior to publication of the rule in chemical residues in food that will regulatory proposals containing the Federal Register. This rule is not a result from the use of a pesticide under significant unfunded mandates.’’ an emergency exemption granted by Today’s rule does not create an ‘‘major rule’’ as defined by 5 U.S.C. EPA under FIFRA section 18. unfunded Federal mandate on State, 804(2). local, or tribal governments. The rule DATES: This regulation becomes effective List of Subjects in 40 CFR Part 180 does not impose any enforceable duties April 14, 1999. Objections and requests on these entities. Accordingly, the Environmental protection, for hearings must be received by EPA, requirements of section 1(a) of Administrative practice and procedure, on or before June 14,1999. Executive Order 12875 do not apply to Agricultural commodities, Pesticides ADDRESSES: Written objections and this rule. and pests, Reporting and recordkeeping hearing requests, identified by the requirements. docket control number [OPP–300834], C. Executive Order 13084 Dated: April 2, 1999. must be submitted to: Hearing Clerk Under Executive Order 13084, (1900), Environmental Protection entitled Consultation and Coordination Donald Stubbs, Agency, Rm. M3708, 401 M St., SW., with Indian Tribal Governments (63 FR Acting Director, Registration Division, Office Washington, DC 20460. Fees 27655, May 19, 1998), EPA may not of Pesticide Programs. accompanying objections and hearing issue a regulation that is not required by requests shall be labeled ‘‘Tolerance statute, that significantly or uniquely Therefore, 40 CFR chapter I is Petition Fees’’ and forwarded to: EPA affects the communities of Indian tribal amended as follows: Headquarters Accounting Operations governments, and that imposes PART 180Ð[AMENDED] Branch, OPP (Tolerance Fees), P.O. Box substantial direct compliance costs on 360277M, Pittsburgh, PA 15251. A copy those communities, unless the Federal 1. The authority citation for part 180 of any objections and hearing requests government provides the funds continues to read as follows: filed with the Hearing Clerk identified necessary to pay the direct compliance Authority: 21 U.S.C. 321(q), 346(a), and by the docket control number, [OPP– costs incurred by the tribal 371. 300834], must also be submitted to: governments. If the mandate is Public Information and Records unfunded, EPA must provide OMB, in § 180.493 [Amended] Integrity Branch, Information Resources a separately identified section of the and Services Division (7502C), Office of 2. In § 180.493, by amending preamble to the rule, a description of Pesticide Programs, Environmental paragraph (b) by revising the date for the the extent of EPA’s prior consultation Protection Agency, 401 M St., SW., commodities cantaloupe, cucumber, with representatives of affected tribal Washington, DC 20460. In person, bring squash, and watermelon ‘‘3/31/00’’ to governments, a summary of the nature a copy of objections and hearing read ‘‘9/30/01’’. of their concerns, and a statement requests to Rm. 119, Crystal Mall #2, supporting the need to issue the [FR Doc. 99–9318 Filed 4–13–99; 8:45 am] 1921 Jefferson Davis Hwy., Arlington, regulation. In addition, Executive Order BILLING CODE 6560±50±F VA.
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A copy of objections and hearing States predict that without the use of for persons to ‘‘object’’ to a tolerance requests filed with the Hearing Clerk oxyfluorfen, yield losses will increase regulation as was provided in the old may also be submitted electronically by each year during the planting cycle. The section 408 and in section 409. sending electronic mail (e-mail) to: opp- planting cycle typically lasts 5 years. However, the period for filing objections [email protected]. Copies of electronic The crop is planted in year one and is 60 days, rather than 30 days. EPA objections and hearing requests must be harvest takes place in each of years two currently has procedural regulations submitted as an ASCII file avoiding the through five. The States claim that which govern the submission of use of special characters and any form yields will decrease incrementally each objections and hearing requests. These of encryption. Copies of objections and year and the normal 5 year rotation will regulations will require some hearing requests will also be accepted have to be reduced to a 4 year rotation modification to reflect the new law. on disks in WordPerfect 5.1/6.1 or since by the fifth year the crop will be However, until those modifications can ASCII file format. All copies of overrun with weeds and harvest will not be made, EPA will continue to use those electronic objections and hearing be feasible. Mechanical cultivation can procedural regulations with appropriate requests must be identified by the be used to control weeds between the adjustments to reflect the new law. docket control number [OPP–300834]. rows however it is not effective for Any person may, by June 14, 1999, No Confidential Business Information weeds in the rows. Weeds in the rows file written objections to any aspect of (CBI) should be submitted through e- can significantly reduce yields and/or this regulation and may also request a mail. Copies of electronic objections and result in strawberry fields that must be hearing on those objections. Objections hearing requests on this rule may be abandoned prematurely. Hand weeding and hearing requests must be filed with filed online at many Federal Depository is effective yet is cost prohibitive for the Hearing Clerk, at the address given Libraries. most growers. After having reviewed the under the ‘‘ADDRESSES’’ section (40 CFR 178.20). A copy of the objections FOR FURTHER INFORMATION CONTACT: By submission, EPA concurs that mail: Barbara Madden, Registration emergency conditions exist. EPA has and/or hearing requests filed with the Division (7505C), Office of Pesticide authorized under FIFRA section 18 the Hearing Clerk should be submitted to Programs, Environmental Protection use of oxyfluorfen on strawberries for the OPP docket for this rulemaking. The objections submitted must specify the Agency, 401 M St., SW., Washington, control of broadleaf weeds in provisions of the regulation deemed DC 20460. Office location , telephone strawberries. EPA assessed the potential risks objectionable and the grounds for the number, and e-mail address: Rm.284, presented by residues of oxyfluorfen in objections (40 CFR 178.25). Each Crystal Mall #2, 1921 Jefferson Davis or on strawberries. In doing so, EPA objection must be accompanied by the Hwy., Arlington, VA, (703) 305–6463; considered the safety standard in fee prescribed by 40 CFR 180.33(i). EPA [email protected]. FFDCA section 408(b)(2), and decided is authorized to waive any fee SUPPLEMENTARY INFORMATION: EPA that the necessary tolerance under requirement ‘‘when in the judgement of issued a final rule, published in the FFDCA section 408(l)(6) would be the Administrator such a waiver or Federal Register of April 25, 1997 (62 consistent with the safety standard and refund is equitable and not contrary to FR 20111) (FRL–5713–1), which with FIFRA section 18. The data and the purpose of this subsection.’’ For announced that on its own initiative other relevant material have been additional information regarding under section 408 of the Federal Food, evaluated and discussed in the final rule tolerance objection fee waivers, contact Drug, and Cosmetic Act (FFDCA), 21 of April 25, 1997 (62 FR 20111) (FRL– James Tompkins, Registration Division U.S.C. 346a and (l)(6), as amended by 5713–1). Based on that data and (7505C), Office of Pesticide Programs, the Food Quality Protection Act of 1996 information considered, the Agency Environmental Protection Agency, 401 (FQPA) (Pub. L. 104–170) it established reaffirms that extension of the time- M St., SW., Washington, DC 20460. a time-limited tolerance for the residues limited tolerance will continue to meet Office location, telephone number, and of oxyfluorfen in or on strawberries at the requirements of section 408(l)(6). e-mail address: Rm. 239, Crystal Mall ι2, 0.05 ppm, with an expiration date of Therefore, the time-limited tolerance is 1921 Jefferson Davis Hwy., Arlington, April 15, 1998. EPA established the extended for an additional 2-year VA, (703) 305-5697, tolerance because section 408(l)(6) of period. EPA will publish a document in [email protected]. Requests for the FFDCA requires EPA to establish a the Federal Register to remove the waiver of tolerance objection fees time-limited tolerance or exemption revoked tolerance from the Code of should be sent to James Hollins, from the requirement for a tolerance for Federal Regulations (CFR). Although Information Resources and Services pesticide chemical residues in food that this tolerance will expire and is revoked Division (7502C), Office of Pesticide will result from the use of a pesticide on April 15, 2001, under FFDCA section Programs, Environmental Protection under an emergency exemption granted 408(l)(5), residues of the pesticide not in Agency, 401 M St., SW., Washington, by EPA under FIFRA section 18. Such excess of the amounts specified in the DC 20460. tolerances can be established without tolerance remaining in or on If a hearing is requested, the providing notice or period for public strawberries after that date will not be objections must include a statement of comment. unlawful, provided the pesticide is the factual issues on which a hearing is EPA received requests from Ohio, applied in a manner that was lawful requested, the requestor’s contentions Oregon and Washington to extend the under FIFRA and the application on such issues, and a summary of any use of oxyfluorfen on strawberries for occurred prior to the revocation of the evidence relied upon by the requestor the 1999 growing season as a result of tolerance. EPA will take action to revoke (40 CFR 178.27). A request for a hearing changes in herbicide registrations this tolerance earlier if any experience will be granted if the Administrator during the last 10 years. Growers have with, scientific data on, or other determines that the material submitted lost use of the herbicides chloroxuron relevant information on this pesticide shows the following: There is genuine and diphenamid. More recently, the indicate that the residues are not safe. and substantial issue of fact; there is a registered application rate of terbacil reasonable possibility that available was reduced to half of its previous rate I. Objections and Hearing Requests evidence identified by the requestor as a result terbacil no longer provides The new FFDCA section 408(g) would, if established, resolve one or effective control of broadleaf weeds. The provides essentially the same process more of such issues in favor of the
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This final rule does elected officials and other Information submitted in connection not contain any information collections representatives of State, local, and tribal with an objection or hearing request subject to OMB approval under the governments ‘‘to provide meaningful may be claimed confidential by marking Paperwork Reduction Act (PRA), 44 and timely input in the development of any part or all of that information as U.S.C. 3501 et seq., or impose any regulatory proposals containing CBI. Information so marked will not be enforceable duty or contain any significant unfunded mandates.’’ disclosed except in accordance with unfunded mandate as described under Today’s rule does not create an procedures set forth in 40 CFR part 2. Title II of the Unfunded Mandates unfunded Federal mandate on State, A copy of the information that does not Reform Act of 1995 (UMRA) (Pub. L. local, or tribal governments. The rule contain CBI must be submitted for 104–4). Nor does it require any prior does not impose any enforceable duties inclusion in the public record. consultation as specficed by Executive on these entities. Accordingly, the Information not marked confidential Order 12875, entitled Enhancing the requirements of section 1(a) of may be disclosed publicly by EPA Intergovernmental Partnership (58 FR Executive Order 12875 do not apply to without prior notice. 58093, October 28, 1993), or special this rule. considerations as required by Executive C. Executive Order 13084 II. Public Record and Electronic Order 12898, entitled Federal Actions to Submissions Address Environmental Justice in Under Executive Order 13084, EPA has established a record for this Minority Populations and Low-Income entitled Consultation and Coordination regulation under docket control number Populations (59 FR 7629, February 16, with Indian Tribal Governments (63 FR [OPP–300834] (including any comments 1994), or require OMB review in 27655, May 19, 1998), EPA may not and data submitted electronically). A accordance with Executive Order 13045, issue a regulation that is not required by public version of this record, including entitled Protection of Children from statute, that significantly or uniquely printed, paper versions of electronic Environmental Health Risks and Safety affects the communities of Indian tribal comments, which does not include any Risks (62 FR 19885, April 23, 1997). governments, and that imposes information claimed as CBI, is available In addition, since tolerances and substantial direct compliance costs on for inspection from 8:30 a.m. to 4 p.m., exemptions that are established under those communities, unless the Federal Monday through Friday, excluding legal section 408(l)(6) of FFDCA, such as the government provides the funds holidays. The public record is located in exemption in this final rule, do not necessary to pay the direct compliance Room 119 of the Public Information and require the issuance of a proposed rule, costs incurred by the tribal Records Integrity Branch, Information the requirements of the Regulatory governments. If the mandate is Resources and Services Division Flexibility Act (RFA) (5 U.S.C. 601 et unfunded, EPA must provide OMB, in (7502C), Office of Pesticide Programs, seq.) do not apply. Nevertheless, the a separately identified section of the Environmental Protection Agency, Agency previously assessed whether preamble to the rule, a description of Crystal Mall #2, 1921 Jefferson Davis establishing tolerances, exemptions the extent of EPA’s prior consultation Hwy., Arlington, VA. from tolerances, raising tolerance levels with representatives of affected tribal Objections and hearing requests may or expanding exemptions might governments, a summary of the nature be sent by e-mail directly to EPA at: adversely impact small entities and of their concerns, and a statement [email protected]. concluded, as a generic matter, that supporting the need to issue the there is no adverse economic impact. regulation. In addition, Executive Order E-mailed objections and hearing The factual basis for the Agency’s 13084 requires EPA to develop an requests must be submitted as an ASCII generic certification for tolerance effective process permitting elected file avoiding the use of special actions published on May 4, 1981 (46 officials and other representatives of characters and any form of encryption. FR 24950), and was provided to the Indian tribal governments ‘‘to provide The official record for this regulation, Chief Counsel for Advocacy of the Small meaningful and timely input in the as well as the public version, as Business Administration. development of regulatory policies on described in this unit will be kept in B. Executive Order 12875 matters that significantly or uniquely paper form. Accordingly, EPA will affect their communities.’’ Under Executive Order 12875, Today’s rule does not significantly or transfer any copies of objections and entitled Enhancing the uniquely affect the communities of hearing requests received electronically Intergovernmental Partnership (58 FR Indian tribal governments. This action into printed, paper form as they are 58093, October 28, 1993), EPA may not does not involve or impose any received and will place the paper copies issue a regulation that is not required by requirements that affect Indian tribes. in the official record which will also statute and that creates a mandate upon Accordingly, the requirements of include all comments submitted directly a State, local or tribal government, section 3(b) of Executive Order 13084 in writing. The official record is the unless the Federal government provides do not apply to this rule. paper record maintained at the Virginia the funds necessary to pay the direct address in ‘‘ADDRESSES’’ at the compliance costs incurred by those IV. Submission to Congress and the beginning of this document. governments. If the mandate is Comptroller General III. Regulatory Assessment unfunded, EPA must provide to OMB a The Congressional Review Act, 5 Requirements description of the extent of EPA’s prior U.S.C. 801 et seq., as added by the Small consultation with representatives of Business Regulatory Enforcement A. Certain Acts and Executive Orders affected State, local, and tribal Fairness Act of 1996, generally provides This final rule establishes a tolerance governments, the nature of their that before a rule may take effect, the under section 408 of the FFDCA. The concerns, copies of any written Agency promulgating the rule must
VerDate 23-MAR-99 08:31 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\A14AP0.049 pfrm02 PsN: 14APR1 18372 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations submit a rule report, which includes a §180.381 [Amended] 2996f(a)(2), requires the Corporation to copy of the rule, to each House of the 2. In §180.381, by amending establish maximum income levels for Congress and the Comptroller General of paragraph (b) by revising the date for individuals eligible for legal assistance, the United States. EPA will submit a Strawberries to read ‘‘4/15/01.’’ and the Act provides that other report containing this rule and other [FR Doc. 99–9319 Filed 4–13–99; 8:45 am] specified factors shall be taken into account along with income. On April 8, required information to the U.S. Senate, BILLING CODE 6560±50±F the U.S. House of Representatives and 1999 (64 FR 17108), the Legal Services the Comptroller General of the United Corporation (‘‘Corporation’’) published an amended appendix to its rule on States prior to publication of the rule in LEGAL SERVICES CORPORATION the Federal Register. This rule is not a financial eligibility setting out the ‘‘major rule’’ as defined by 5 U.S.C. 45 CFR Part 1611 maximum income levels for individuals 804(2). eligible for legal assistance. The year in Eligibility: Income Level for Individuals the Appendix heading was incorrectly List of Subjects in 40 CFR Part 180 Eligible for Assistance listed as ‘‘1998.’’ It should be ‘‘1999.’’ This document corrects the year in the Environmental protection, AGENCY: Legal Services Corporation. Appendix heading so that it reads Administrative practice and procedure, ACTION: Final rule: correction. ‘‘Legal Services Corporation 1999 Agricultural commodities, Pesticides Poverty Guidelines.’’ and pests, Reporting and recordkeeping SUMMARY: On April 8, 1999, the Legal requirements. Services Corporation (‘‘Corporation’’) List of Subjects in 45 CFR Part 1611 published an amended appendix to its Legal services. Dated: April 2, 1999. rule on financial eligibility setting out For reasons set out in the preamble, Donald Stubbs, the maximum income levels for individuals eligible for legal assistance. 45 CFR part 1611 is amended as follows: Acting Director, Registration Division, Office This document corrects the year in the of Pesticide Programs. Appendix title. PART 1611ÐELIGIBILITY Therefore, 40 CFR chapter I is EFFECTIVE DATE: April 14, 1999. 1. The authority citation for Part 1611 amended as follows: FOR FURTHER INFORMATION CONTACT: continues to read as follows: Suzanne B. Glasow, Office of General PART 180Ð[AMENDED] Authority: Secs. 1006(b)(1), 1007(a)(1) Counsel, Legal Services Corporation, Legal Services Corporation Act of 1974, 42 750 First Street NE., Washington, DC 1. The authority citation for part 180 U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2). 20002–4250; 202–336–8817. continues to read as follows: Appendix A—[Corrected] SUPPLEMENTARY INFORMATION: Section Authority: 21 U.S.C. 321(q), 346a, and 1007(a)(2) of the Legal Services 2. The heading of Appendix A of Part 371. Corporation Act (‘‘Act’’), 42 U.S.C. 1611 is corrected to read as follows:
APPENDIX A OF PART 1611ÐLEGAL SERVICES CORPORATION 1999 POVERTY GUIDELINES 1
*******
1 The figures in this table represent 125% of the poverty guidelines by family size as determined by the Department of Health and Human Services.
Dated: April 8, 1999. SUMMARY: This rule amends the NASA EFFECTIVE DATE: April 14, 1999. Victor M. Fortuno, Federal Acquisition Regulation FOR FURTHER INFORMATION CONTACT: Mr. General Counsel. Supplement (NFS) to specify that the Joseph Le Cren, NASA Headquarters, [FR Doc. 99–9246 Filed 4–13–99; 8:45 am] clause at FAR 52.232–34, Payment by Code HK, Washington, DC 20546, BILLING CODE 7050±01±P Electronic Funds Transfer—Other than telephone: (202) 358–0444, email: Central Contractor Registration, is to be [email protected]. used for NASA contracts instead of the SUPPLEMENTARY INFORMATION: NATIONAL AERONAUTICS AND clause at FAR 52.232–33, Payment by Background SPACE ADMINISTRATION Electronic Funds Transfer—Central Contractor Registration. This rule also The FAR EFT coverage was revised on 48 CFR Part 1832 establishes that the use of a March 4, 1999 (64 FR 10538–10544). nondomestic EFT mechanism is Included were changes to the Electronic Funds Transfer (EFT) authorized and provides direction as to solicitation provision and contract AGENCY: Office of Procurement, Contract the action that is to be taken when such clauses coverage at FAR 32.1110. FAR Management Division, National a mechanism is used for a contract. In 32.1110(a) requires that the clause at Aeronautics and Space Administration addition, this rule specifies that the either FAR 52.232–33, Payment by (NASA). payment office is to be the designated Electronic Funds Transfer—Central office for the receipt of EFT information Contractor Registration, or FAR 52.232– ACTION: Final rule. for all NASA contracts. 34, Payment by Electronic Funds
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Transfer—Other than Central Contractor Subpart 1832.11ÐElectronic Funds Council under authority of the Registration, be inserted in contracts Transfer Magnuson-Stevens Fishery depending on whether the Central Conservation and Management Act. Contractor Registration (CCR) database 1832.1110 Solicitation provision and Regulations governing fishing by U.S. will be used. NASA has chosen not to contract clauses. (NASA supplements paragraphs (a), (b), and (c)). vessels in accordance with the FMP use the CCR. The NFS rule states that appear at subpart H of 50 CFR part 600 (a)(1) NASA does not use the Central the clause at FAR 52.232–34 is to be and 50 CFR part 679. used. Another FAR change occurs at Contractor Registration. Use the clause 32.1110(b), which states that the clause at FAR 52.232–34, Payment by The Final 1999 Harvest Specifications at FAR 52.232–33 or 52.232–34 needs to Electronic Funds Transfer—Other than of Groundfish for the BSAI (64 FR clearly address the use of a nondomestic Central Contractor Registration. 12103, March 11, 1999) established the EFT mechanism if the agency head has (b) In accordance with FAR portion of the TAC of Pacific cod authorized their use. The NFS rule 32.1106(b), the use of a nondomestic allocated to catcher vessels using trawl establishes that the use of a EFT mechanism is authorized. When a gear in the BSAI as 38,475 metric tons nondomestic EFT mechanism has been nondomestic EFT mechanism is used, (mt). See § 679.20(c)(3)(iii) and authorized and specifies the action to be the contracting officer shall replace the § 679.20(a)(7)(i)(B). paragraph at FAR 52.232–34(c) with a taken with the clause at FAR 52.232–34. In accordance with § 679.20(d)(1)(i), description of the EFT mechanism that Furthermore, FAR 32.1110(c) requires the Administrator, Alaska Region, will be used for the contract. the clause at 52.232–35 be inserted in NMFS (Regional Administrator), has contracts if agency procedures permit (c) The payment office shall be the designated office for receipt of determined that the portion of the TAC the submission of EFT information to of Pacific cod allocated to catcher other than the payment office. The NFS contractor EFT information for all NASA contracts. vessels using trawl gear in the BSAI will rule requires that the payment office be be reached. Therefore, the Regional the designated office for the receipt of [FR Doc. 99–9311 Filed 4–13–99; 8:45 am] Administrator is establishing a directed EFT information for all NASA contracts. BILLING CODE 7510±01±P fishing allowance of 34,475 mt, and is Impact setting aside the remaining 4,000 mt as Regulatory Flexibility Act bycatch to support other anticipated DEPARTMENT OF COMMERCE groundfish fisheries. In accordance with This rule does not constitute a § 679.20(d)(1)(iii), the Regional significant revision within the meaning National Oceanic and Atmospheric Administration Administrator finds that this directed of FAR 1.501 and Pub. L. 98–577, and fishing allowance will soon be reached. publication for public comments is not 50 CFR Part 679 Consequently, NMFS is closing directed required. However, comments from fishing for Pacific cod by catcher vessels small entities concerning the affected [Docket No. 990304063±9063±01; I.D. using trawl gear in the BSAI. NFS subpart will be considered in 040999A] accordance with 5 U.S.C. 610. Such Maximum retainable bycatch amounts comments must be submitted separately Fisheries of the Exclusive Economic may be found in the regulations at and should cite 5 U.S.C. 601, et seq. Zone Off Alaska; Pacific Cod by § 679.20(e) and (f). Catcher Vessels using Trawl Gear in Paperwork Reduction Act the Bering Sea and Aleutian Islands Classification The Paperwork Reduction Act does AGENCY: National Marine Fisheries This action responds to the best not apply because the changes to the Service (NMFS), National Oceanic and available information recently obtained NFS do not impose recordkeeping or Atmospheric Administration (NOAA), from the fishery. It must be information collection requirements, or Commerce. implemented immediately in order to collections of information from offerors, prevent overharvesting the 1999 TAC of contractors, or members of the public ACTION: Closure. Pacific cod allocated to catcher vessels which require the approval of the Office SUMMARY: NMFS is closing directed using trawl gear in the BSAI. A delay in of Management and Budget under 44 fishing for Pacific cod by catcher vessels U.S.C. 3501, et seq. the effective date is impracticable and using trawl gear in the Bering Sea and contrary to the public interest. The List of Subjects in 48 CFR Part 1832 Aleutian Islands management area Pacific cod directed fishing allowance Government procurement. (BSAI). This action is necessary to established for catcher vessels will soon prevent exceeding the portion of the Tom Luedtke, be reached. Further delay would only 1999 total allowable catch (TAC) of result in overharvest which would Acting Associate Administrator for Pacific cod allocated to catcher vessels disrupt the FMP’s objective of providing Procurement. using trawl gear in this area. sufficient Pacific cod to support bycatch Accordingly, 48 CFR part 1832 is DATES: Effective 1200 hrs, Alaska local amended as follows: needs in other anticipated groundfish time (A.l.t.), April 11, 1999, until 2400 fisheries throughout the year. NMFS hrs, A.l.t., December 31, 1999. PART 1832ÐCONTRACT FINANCING finds for good cause that the FOR FURTHER INFORMATION CONTACT: implementation of this action can not be 1. The authority citation for 48 CFR Mary Furuness, 907–586-7228. delayed for 30 days. Accordingly, under part 1832 continues to read as follows: SUPPLEMENTARY INFORMATION: NMFS 5 U.S.C. 553(d), a delay in the effective Authority: 42 U.S.C. 2473(c)(1). manages the groundfish fishery in the date is hereby waived. BSAI according to the Fishery This action is required by § 679.20 Management Plan for the Groundfish Subpart 1832.11Ð[Added] and is exempt from review under E.O. Fishery of the Bering Sea and Aleutian 2. Subpart 1832.11 is added to read as Islands Area (FMP) prepared by the 12866. follows: North Pacific Fishery Management Authority: 16 U.S.C. 1801 et seq.
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Dated: April 9, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99–9306 Filed 4–9–99; 4:15 pm] BILLING CODE 3510±22±F
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Proposed Rules Federal Register Vol. 64, No. 71
Wednesday, April 14, 1999
This section of the FEDERAL REGISTER Leverage in the form of Participating Internet Access and Electronic Mail contains notices to the public of the proposed Securities. As the SBIC program grows in size issuance of rules and regulations. The purpose of these notices is to give interested Private Capital and sophistication, SBA is seeking ways to improve administrative efficiency. persons an opportunity to participate in the Section 213 of Pub. L. 105–135 rule making prior to the adoption of the final The Agency is particularly interested in rules. amended the statutory definition of improving its ability to communicate private capital to include certain funds with Licensees electronically. Many invested in a Licensee by a federally SBICs are already using the Internet to SMALL BUSINESS ADMINISTRATION chartered or Government-sponsored obtain updated regulations and software corporation established prior to October from SBA and to submit financial 13 CFR Part 107 1, 1987. Under the revised definition, statements and other required private capital may include funds Small Business Investment Companies information. To further promote the use obtained from the business revenues of of this highly efficient means of AGENCY: Small Business Administration. such entities; appropriated Government communication, proposed § 107.504(a) funds are specifically excluded. ACTION: Proposed rule. would require all SBICs to have Internet Proposed § 107.230(b)(3) would access and Internet electronic mail no SUMMARY: The Small Business implement this change by incorporating later than June 30, 1999. Reauthorization Act of 1997 made a the statutory language in the regulatory To improve the organization of the number of changes to the Small definition of Private Capital. In this regulations, the proposed rule also Business Investment Act of 1958, as context, SBA’s view is that ‘‘business would consolidate three current amended. For the Small Business revenues’’ means earnings that are sections into a single section. Current Investment Company (SBIC) Program, generated by a corporation through §§ 107.504, 107.505, and 107.508 would the changes include provisions affecting activities of a commercial nature and become § 107.504 (a), (b), and (c), capital requirements, Leverage that are reflected in the retained respectively. These sections require an eligibility, and the timing of tax earnings of the corporation. SBIC to maintain an office accessible to distributions by SBICs that have issued Definition of ‘‘Associate’’ the public and to have certain office Participating Securities. This proposed equipment to facilitate communications rule would implement these statutory SBA is proposing a technical with SBA. Except for the proposed new provisions; in addition, it would correction in the definition of requirement for Internet access and prohibit political contributions by SBICs ‘‘Associate’’ in § 107.50. Under electronic mail, there would be no and would modify regulations paragraph (8)(i) of the current substantive change in these provisions. governing the refinancing of real estate definition, a business concern becomes Political Contributions by SBICs, portfolio diversification an Associate of an SBIC if it has one or requirements, takedowns of Leverage, more officers who have a business or It has come to SBA’s attention that a and in-kind distributions by personal relationship with the SBIC of few SBICs have made contributions to Participating Securities issuers. a type listed in subparagraphs (1) organizations formed to promote the through (6) of the definition. This DATES: Submit comments on or before election of political candidates or the provision does not explicitly encompass May 14, 1999. advancement of a political or legislative business concerns organized as agenda. In at least one case, an SBA ADDRESSES: Address comments to Don partnerships or limited liability examiner cited an SBIC’s contribution to A. Christensen, Associate Administrator companies, which may be managed by an organization of this type as an for Investment, U.S. Small Business persons who are not designated as ‘‘activity not contemplated by the Act.’’ Administration, 409 3rd Street, SW., officers. To clarify the applicability of SBA has upheld this interpretation of Suite 6300, Washington, DC 20416. paragraph (8)(i) to all concerns, the Act and would apply it even where FOR FURTHER INFORMATION CONTACT: regardless of their form of organization, the SBIC has no outstanding Leverage at Leonard W. Fagan, Investment Division, the proposed rule would replace the time of the contribution. at (202) 205–7583. ‘‘officer’’ with ‘‘officer, general partner, The Act states that the purpose of the SUPPLEMENTARY INFORMATION: This or managing member.’’ SBIC program is ‘‘to stimulate and proposed rule would implement the supplement the flow of private equity Leverageable Capital provisions of Subtitle B of Pub. L. 105– capital and long-term loan funds which 135 (December 2, 1997), the Small An SBIC’s Leverageable Capital is a small-business concerns need for the Business Reauthorization Act of 1997, subset of its Private Capital. It is used sound financing of their business which relate to small businesses to determine the maximum amount of operations and for their growth, investment companies (SBICs). This SBA Leverage funds which the SBIC expansion, and modernization. . . .’’ 15 rule would also establish regulations may have outstanding. The current U.S.C. 661. Under a longstanding prohibiting political contributions by definition of Leverageable Capital in interpretation of this statutory SBICs and would modify regulations § 107.50 excludes ‘‘Qualified Non- provision, SBA does not permit governing the refinancing of real estate private Funds [as defined in activities by an SBIC that do not by SBICs, portfolio diversification § 107.230(d)] whose source is Federal contribute to the growth, expansion, and requirements, procedures for drawing funds.’’ SBA has determined that the modernization of a small business. down Leverage from SBA, and in-kind Act does not require this exclusion and Since SBA is concerned that an SBIC’s distributions by SBICs that have issued is proposing to remove it. political contributions can have, at best,
VerDate 23-MAR-99 08:55 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\A14AP2.056 pfrm02 PsN: 14APP1 18376 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules only a remote and speculative eligible (see the section of this preamble the usable square footage for an eligible connection to the growth, expansion, entitled ‘‘Maximum Amount of business purpose. The occupancy and modernization of small businesses, Leverage’’). The statute further required requirement is the same as that applied SBA is proposing this rule to confirm that 100 percent of any Leverage over to a building that is being built or that such activities are not permissible. $90 million the previous limit, be renovated by a Small Business. SBA believes that a regulation on invested in Smaller Enterprises. Co-Investment With Associates political contributions by Licensees is Proposed § 107.710(d) would implement necessary to prevent any confusion on this financing requirement, which is in Section 107.730(d)(3) sets forth this subject in the future. In proposing addition to the Smaller Enterprise circumstances under which an SBIC’s this regulation, SBA does not seek to financing requirements in § 107.710(b) co-investment with an Associate is limit impermissibly any form of and (c). For example, an SBIC is presumed to be on terms that are constitutionally protected speech. required under current § 107.710(b) to equitable to the SBIC, so that no specific However, restrictions on the use of SBIC make at least 20 percent of its total demonstration of fairness is required. funds for political contributions appear cumulative investments in Smaller Under current § 107.730(d)(3)(iv), this to be required by the Act. Enterprises. If the SBIC has $100 million presumption applies to co-investments U.S. taxpayers support SBICs and of outstanding Leverage at the end of its by two non-leveraged SBICs, or by a their investors through the use of fiscal year, it must meet the 20 percent non-leveraged SBIC and its non-SBIC Government-guaranteed Leverage and standard and have at least $10 million Associate. The proposed rule would various tax benefits. SBICs and their of additional investments in Smaller modify this provision by removing the investors are also the recipients of Enterprises in its portfolio. term ‘‘non-leveraged’’ and referring assorted governmental benefits of a non- Current § 107.710(c), which was instead to Licensees that ‘‘have no tax nature, including exemption from effective February 5, 1998, implemented outstanding Leverage and do not intend certain provisions of banking and other a provision of Pub. L. 104–208 that to issue Leverage in the future.’’ Thus, statutes. SBA believes that it is required certain SBICs to make at least the provision would apply only to an appropriate to require that, in exchange 50 percent of their total investments in SBIC that intends to operate for these benefits, SBICs use their funds Smaller Enterprises. The Licensees to permanently as a non-leveraged only for the purposes referred to in 15 whom the provision applies are those company. SBA is proposing this change U.S.C. 661. This also would eliminate licensed on or before September 30, to protect its interests in all cases where any possibility that a particular 1996, that issued Leverage after that the Agency may have either current or contribution by an SBIC could be date, and whose Regulatory Capital is future financial exposure. misperceived as having been endorsed ‘‘less than $10 million if such Leverage Portfolio Diversification Requirement by SBA. was Participating Securities’’ or ‘‘less (‘‘Overline’’ limit) Proposed § 107.505 would prohibit than $5 million if such Leverage was contributions by an SBIC to any Debentures.’’ The regulation does not In a final rule published on February political campaign, party, or candidate, make clear which standard applies to an 5, 1998 (63 FR 5859), SBA made certain or to any political action committee. SBIC that has issued both Participating changes to § 107.740, under which a The proposed regulation is written Securities and Debentures. Proposed leveraged SBIC may not have more than broadly enough to cover all political § 107.710(c)(1) would clarify that the 20 percent of its Regulatory Capital contributions, including so-called ‘‘soft $10 million threshold applies to a invested in or committed to a single money’’ contributions, that are used by Licensee that has issued any amount of Small Business or group of related organizations to support activities other Participating Securities, while the $5 businesses without SBA’s prior written than the influencing of federal elections. million applies to a Licensee that has approval (for SSBICs, the limit is 30 Nothing in the proposed rule would issued Debentures only. percent of Regulatory Capital). The affect the right of investors in and Finally, in proposed § 107.710(f), the changes addressed the problem faced by managers of SBICs to make political cross-reference to certain paragraphs in an SBIC that reduced its Regulatory contributions with their own funds, § 107.1120 would be revised to reflect Capital in a manner permitted by the outside of the SBIC. proposed revisions in that section. regulations, and then found that one or more of its existing investments SBA encourages comment from the Real Estate Refinancing SBIC industry and, in particular, from exceeded its reduced overline the legal community on this proposed Current § 107.720(c)(2) permits SBICs limitation. The solution to this problem change. to provide financing to a Small Business was to base a Licensee’s maximum for the purpose of acquiring or permitted investment in or commitment Financing of Smaller Enterprises refinancing real estate only under to a Small Business on its Regulatory Since April 1994, SBICs have been certain conditions. Specifically, the Capital at the time the investment or required to direct a certain percentage of Small Business must either be acquiring commitment is made. their investment activity to businesses real property or building or renovating When this regulatory change was that fall significantly below the a building. The regulation does not proposed, SBA received several maximum size permitted for a Small permit refinancing of real estate comments suggesting that SBA should Business. These businesses are referred currently owned and occupied by the make further changes. The commenters to as ‘‘Smaller Enterprises.’’ This Small Business. SBA believes that Small argued that an SBIC, particularly a proposed rule includes three changes Businesses should be able to obtain limited life partnership that expects to related to the financing of Smaller financing from SBICs for this purpose, return capital to investors as Enterprises; one implements a provision just as they currently can refinance investments are harvested, should be of Pub. L. 105–135, the second is a other debt. Accordingly, proposed permitted to base its overline limit on technical correction, and the third is an § 107.720(c)(2)(iii) would allow its original Regulatory Capital, with no editorial change. proceeds to be used to refinance debt reduction for subsequent returns of Section 215(b) of Pub. L. 105–135 obligations on property that is owned capital. The rationale was that an SBIC increased the maximum amount of SBA and occupied by a Small Business, should not be forced to reduce the Leverage for which an SBIC could be provided it uses at least 67 percent of intended investment size reflected in its
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One commenter pointed Leverage or intend to issue Leverage in Based on increases in the CPI from out that this imposes a penalty that is the future.’’ This phrase would replace March 1993 to September 1998, the $15 particularly unjustified in the case of an current language referring to Licensees million cutoff would increase to $17.1 SBIC which makes a distribution that ‘‘have outstanding Leverage or want million. resulting from a profitable realization of to be eligible for Leverage.’’ The purpose Under proposed § 107.1150(a)(2), SBA a portfolio company investment. of the proposed change is to clarify that would publish an annual notice in the SBA understood these concerns, but the overline limit does apply to Federal Register to update the the comments were not adopted because ‘‘temporarily’’ non-leveraged SBICs maximum Leverage amounts. The SBA believed that the suggested changes whose business plans indicate that they Bureau of Labor Statistics normally were prohibited by section 306(a) of the expect to become leveraged. publishes the CPI for September in mid- Act. Since that time, the Agency has October, and SBA would expect to reconsidered its position on the proper Leverage Application Procedures and publish its Federal Register notice interpretation of the statutory provision, Eligibility shortly thereafter. and has now concluded that the statute SBA is proposing a technical Draws Against SBA Leverage permits SBA to determine, by correction in § 107.1100(b) to reflect Commitments regulation, the point as of which recent changes in Leverage funding Regulatory Capital is measured for the procedures, under which a Licensee can In May 1998, SBA instituted a new purpose of establishing an SBIC’s issue Leverage only by first obtaining a interim Leverage funding mechanism, overline limit. Leverage commitment from SBA, and sometimes described as ‘‘just-in-time’’ Accordingly, under proposed then drawing down funds against the funding. Under the new procedures, an § 107.740(a), an SBIC’s overline limit commitment. SBIC that has obtained a Leverage would be computed based on the sum Proposed § 107.1120(d) would commitment from SBA may draw funds of: (1) Its Regulatory Capital at the time implement a requirement in section against the commitment on any business an investment or commitment is made, 215(b)(1) of Pub. L. 105–135 that applies day. All SBICs with Leverage and (2) any distributions permitted to Licensees seeking Leverage in excess commitments must file quarterly under the regulations that were made of $90 million. To be eligible for the financial statements on SBA Form 468 within the preceding 5 years and Leverage, such Licensees must certify within 30 days after the end of each reduced Regulatory Capital. The effect that they will use 100 percent of all fiscal quarter. Under current of this change would be greatest for proceeds over $90 million to provide §§ 107.1220 and 107.1230(d)(1), if an SBICs that issue Participating Securities. financing to Smaller Enterprises. See SBIC wishes to draw funds after the end Under § 107.1570(b), these Licensees are also the section of this preamble entitled of a quarter, but before the normal permitted to make distributions that ‘‘Financing of Smaller Enterprises.’’ quarterly reporting deadline, it must reduce Regulatory Capital, as long as submit quarterly financial statements Maximum Amount of Leverage they also redeem outstanding with its draw request. With the advent Participating Securities on a pro rata Section 215(b) of Pub. L. 105–135 of just-in-time funding, these provisions basis. Such distributions can be increased the maximum amount of SBA can result in an SBIC having as little as substantial; since 1995, when Leverage for which an SBIC could be 1 week after the end of a quarter to Participating Securities were first eligible. The previous limit, for either a prepare and submit financial statements issued, 15 SBICs have elected to make single SBIC or a group of SBICs under to SBA. distributions that reduced Regulatory common control, was $90 million. The SBA believes that most SBICs cannot Capital by a total of about $39 million. statute indexed this amount to the reasonably comply with such a tight SBA expects the frequency and amount Consumer Price Index (CPI) retroactive time frame, and that attempts to do so of such distributions to grow as to March 1993, with annual adjustments may result in the filing of incomplete or Licensees’ portfolios mature. to take place following the initial erroneous statements. Furthermore, the For SBICs that use other forms of SBA adjustment. Agency believes that it can properly Leverage (Debentures or Preferred Proposed § 107.1150(a) and (b)(1) evaluate a draw request based on Securities), the proposed rule would be would implement the statutory change. financial statements from a Licensee’s less significant, although it could have The Leverage eligibility table in previous fiscal quarter, together with the some effect. Under current § 107.585, § 107.1150(a)(1) reflects increases in the Licensee’s certification that there has such SBICs cannot reduce their CPI from March 1993, through been no material adverse change in its Regulatory Capital by more than 2 September 1998, the final month of the financial condition since that time. percent in any fiscal year without SBA’s Federal Government’s 1998 fiscal year. Therefore, proposed §§ 107.1220 and prior written approval. Any distribution SBA proposes to make subsequent 107.1230(d)(1) would eliminate the that falls within the 2 percent limitation adjustments each year based on the requirement that draw requests could be added back to Regulatory September-to-September increase in the submitted within 30 days of the end of Capital for overline purposes. SBA CPI. The proposed rule would result in a Licensee’s fiscal quarter be would determine whether a distribution a new Leverage ceiling of $102.5 accompanied by updated quarterly exceeding 2 percent of Regulatory million. financial statements. In addition, Capital could be added back to the Below the overall Leverage ceiling, proposed § 107.1230(d)(1) would clarify Licensee’s overline limit. SBA believes there are also several Leverageable that every draw request must be that it must have this discretion because Capital brackets within which a accompanied by a statement certifying of the wide variety of circumstances Licensee is eligible for certain maximum that there has been no material adverse under which various SBICs may seek to Leverage amounts. These individual change in the Licensee’s financial reduce their Regulatory Capital. brackets would also be indexed to the condition since its last filing of SBA SBA is also proposing a clarification CPI. For example, the first bracket Form 468. of the introductory text in § 107.740(a). currently consists of Leverageable Finally, proposed § 107.1230(d)(2) The proposed rule states that the Capital of not more than $15 million on would require a Licensee to provide provisions of § 107.740 would apply to which a Licensee may be eligible for preliminary unaudited year end
VerDate 23-MAR-99 08:55 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A14AP2.058 pfrm02 PsN: 14APP1 18378 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules financial statements when it submits a quarter (Payment Dates are February 1, provisions governing the timing of draw request more than 30 days May 1, August 1, and November 1 of distributions. Current § 107.1575(a)(1) following the end of its fiscal year if the each year). As before, Licensees would permits Licensees to make annual Licensee has not yet filed its audited be able to make annual tax distributions distributions, as required or permitted annual financial statements. SBA as late as the second Payment Date under various sections of the expects these preliminary financial following the end of their fiscal year. If regulations, on dates other than one of statements to be as close to final as the distribution is not made on a the four quarterly Payment Dates. possible, but understands that they may Payment Date, SBA’s prior approval Clearly, in order to retain their character not be exactly the same as the audited would be required (see the current as ‘‘annual’’ distributions, such amounts statements submitted later. introductory text of § 107.1575(a), must be computed as of the end of a Under current § 107.1230(d)(3), which which SBA does not propose to change). Licensee’s fiscal year, regardless of the is proposed to be redesignated as Proposed § 107.1550(e) implements date on which payment is actually § 107.730(d)(4), an SBIC applying for a the statutory provision concerning made. However, under current draw must submit a statement of need excess tax distributions. The § 107.1575(b)(2), any distribution made showing the names of the Small determination of the excess amount and on a date other than a Payment Date Businesses that will be financed with the corresponding reduction of future must be computed as of the distribution the proceeds. SBA recognizes that an distributions should be straightforward date. To resolve this inconsistency, the SBIC may sometimes wish to draw in most cases. One complexity that may proposed rule would modify funds to provide necessary liquidity for arise is best illustrated by an example. § 107.1575(b)(2) so that annual its day-to-day operations, and is willing Assume that an SBIC made quarterly tax distributions would be computed as of to consider draw requests for this distributions of $2.5 million in year 1. a Licensee’s fiscal year end but could be purpose. Accordingly, under proposed At the end of the year, it was paid at a later date other than a Payment § 107.1230(d)(4), the Licensee could determined that the permitted tax Date. apply for a draw based on operating distribution for the full year would have liquidity needs, on specific financings it been only $2 million so the excess tax In-Kind Distributions expects to close, or on a combination of distribution for the year was $500,000. SBA is proposing two substantive the two. In year 2, the SBIC computes a first changes in § 107.1580, which governs quarter tax distribution of $900,000. It in-kind distributions by SBICs that have Tax Distributions must reduce this distribution by the issued Participating Securities. First, Section 215(c) of Pub. L. 105–135 $500,000 excess from year 1, so its under proposed § 107.1580(a)(1), all in- amended provisions of the Act actual distribution is only $400,000. It kind distributions would require SBA’s governing the timing of ‘‘tax then makes additional quarterly tax prior approval. This change represents a distributions’’ that SBICs with distributions of $1.5 million and $1.1 slight expansion of the requirement in outstanding Participating Securities may million during the year, so that its current § 107.1570(a) that SBA approve make to their private investors and SBA. actual aggregate quarterly distributions distributions made on dates other than Previously, such distributions could be are $3 million. At the end of year 2, the Payment Dates. Because in-kind made once a year, based on the income SBIC determines that its maximum distributions may subject SBA to allocated by a Licensee to its investors permitted tax distribution for the full significant market risk, the Agency for Federal income tax purposes for the year would have been $3 million. strongly believes that it must have the fiscal year immediately preceding the Although it appears at first glance that ability to review and approve all such distribution. The statutory change now there is no excess tax distribution for distributions, regardless of when they gives a Licensee the option of making a year 2, this is not the case. Under are made. tax distribution at the end of any proposed § 107.1550(e)(2), the SBIC Second, under proposed calendar quarter based on a quarterly must recompute its aggregate quarterly § 107.1580(a)(2), only ‘‘Distributable estimate of tax liability. However, if the distributions, ignoring the $500,000 Securities’’ could be distributed in kind. aggregate quarterly distributions made reduction that was required in the first This new term, which is defined in during any fiscal year exceed the quarter. Taking this adjustment into proposed § 107.50, would replace the amount that the Licensee would have account, the aggregate quarterly term ‘‘Publicly Traded and Marketable’’ been permitted to make based on a distributions would be $900,000 + that currently appears in § 107.1580 single computation performed for the $1,500,000 + $1,100,000 = $3,500,000. (‘‘Publicly Traded and Marketable’’ entire year, future tax distributions must Thus, there would be an excess tax securities would continue to be used in be reduced by the amount of the excess. distribution of $500,000. SBA believes the Capital Impairment computation Proposed §§ 107.1550 and 107.1575 this formulation yields a result that is under § 107.1840). Although the two would implement these changes. The consistent with the intent of the Act. terms are technically different, SBA timing of tax distributions is addressed The point can best be seen by looking does not expect the change to have a in proposed § 107.1550(d) and at years 1 and 2 together: Actual tax major effect on Licensees’ ability to § 107.1575(a). SBA believes that the distributions were $5.5 million while distribute securities. statutory language permitting tax the total that would have been The first difference between the distributions ‘‘at the end of any calendar permitted based on full-year current and proposed rules involves quarter’’ does not require that such computations was only $5 million. ‘‘Rule 144’’ stock, i.e., stock that is distributions be made only on the last Thus, it is appropriate for the SBIC to subject to resale volume restrictions day of a quarter, and wishes to give have a $500,000 excess tax distribution pursuant to Rule 144 under the Licensees the flexibility to make the computed as of the end of year 2. Securities Act of 1933, as amended. The distributions later if they so choose. The definition of ‘‘Publicly Traded and proposed rule would permit interim tax Distributions on Other Than Payment Marketable’’ includes securities that are distributions to be made on the last day Dates ‘‘salable within 12 months pursuant to of a calendar quarter or on any SBA is proposing a technical Rule 144’’. The proposed definition of succeeding day through the first correction in § 107.1575 to resolve a ‘‘Distributable Securities’’ would also Payment Date following the end of the potential conflict between two include Rule 144 stock, but only if SBA
VerDate 23-MAR-99 08:55 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\A14AP2.059 pfrm02 PsN: 14APP1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules 18379 determined that it could immediately implement provisions of Pub. L. 105– the provisions of Rule 144 (17 CFR sell all of its shares without exceeding 135 which relate to small business 230.144) under the Securities Act of the volume restrictions. For purposes of investment companies, and to make 1933, as amended) are determined by determining whether a security meets certain other changes, primarily SBA, in its sole discretion, to be salable this requirement, SBA would assume a technical corrections and clarifications, immediately without restriction under ‘‘worst-case’’ scenario in which all the to the regulations governing SBICs. Federal and state securities laws; securities of the issuer being distributed There are 330 SBICs, not all of which (2) The securities are of a class: by a Licensee were being sold are small businesses. In addition, the (i) Which is listed and registered on simultaneously by the distributees. changes would have little or no effect on a national securities exchange, or The second difference between the small businesses seeking funding from (ii) For which quotation information current and proposed rules involves SBICs; rather they would only affect is disseminated in the National securities that are not traded on a definitions for and activities of the Association of Securities Dealers regulated stock exchange or listed in the SBICs. Automated Quotation System and as to National Association of Securities For purposes of the Paperwork which transaction reports and last sale Dealers Automated Quotation System Reduction Act, 44 U.S.C. Ch. 35, SBA data are disseminated pursuant to Rule (NASDAQ), such as stocks traded on the certifies that this proposed rule, if 11Aa3–1 (17 CFR 240.11Aa3–1) under ‘‘pink sheets.’’ The definition of adopted in final form, would contain no the Securities Exchange Act of 1934, as ‘‘Publicly Traded and Marketable’’ new reporting or recordkeeping amended; and includes such securities if they have at requirements. (3) The quantity of such securities to least two market makers, while the For purposes of Executive Order be distributed to SBA can be sold over proposed definition of ‘‘Distributable 12612, SBA certifies that this rule a reasonable period of time without Securities’’ would exclude them. SBA is would not have any federalism having an adverse impact upon the proposing this change because it implications warranting the preparation price of the security. believes that the current regulation may of a Federalism Assessment. * * * * * encompass stocks with extremely low For purposes of Executive Order Leverageable Capital means trading volume, the disposition of 12778, SBA certifies that this rule is Regulatory Capital, excluding unfunded which may be a prolonged and high-risk drafted, to the extent practicable, in commitments. process. As a practical matter, no accordance with the standards set forth * * * * * Licensee has sought to distribute such in Section 2 of that Order. 3. In § 107.230, revise paragraph (b)(3) securities and SBA believes the change to read as follows: would have no effect on the vast List of Subjects in 13 CFR Part 107 majority of in-kind distributions Investment companies, Loan § 107.230 Permitted sources of Private proposed by Licensees. programs-business, Reporting and Capital for Licensees. SBA is also proposing a non- recordkeeping requirements, Small * * * * * substantive change in § 107.1580(a)(4), businesses. (b) Exclusions from Private Capital. which deals with the disposition of For the reasons stated above, the SBA *** securities distributed to SBA. The proposes to amend 13 CFR part 107 as (3) Funds obtained directly or current provision requires an SBIC follows: indirectly from any Federal, State, or distributing securities to deposit SBA’s local government agency or share with the Central Registration PART 107ÐSMALL BUSINESS instrumentality, except for: Agent (an agent employed by SBA to INVESTMENT COMPANIES (i) Funds invested by a public pension handle certain functions related to the 1. The authority citation for part 107 fund; pooling of Debentures and Participating (ii) Funds obtained from the business continues to read as follows: Securities) who then selects a revenues (excluding any governmental disposition agent. Having gained some Authority: 15 U.S.C. 681 et seq., 683, appropriation) of any federally experience with in-kind distributions, 687(c), 687b, 687d, 687g and 687m. chartered or Government-sponsored SBA has found it unnecessary to involve 2. In § 107.50 revise paragraph (8)(i) of corporation established before October the CRA in the process. Accordingly, the definition of Associate and the 1, 1987, to the extent that such revenues proposed § 107.1580(a)(4) would direct definition of Leverageable Capital, and are reflected in the retained earnings of an SBIC to deposit SBA’s share of add in alphabetical order a definition of the corporation; and securities directly with a disposition Distributable Securities to read as (iii) ‘‘Qualified Non-private Funds’’ as agent designated by SBA. follows: defined in paragraph (d) of this section. Compliance With Executive Orders, § 107.50 Definitions of terms. * * * * * 4. Revise § 107.504 to read as follows: 12612, 12778, and 12866, the * * * * * Regulatory Flexibility Act (5 U.S.C. 601, Associate of a Licensee means any of § 107.504 Equipment and office et seq.), and the Paperwork Reduction the following: requirements. Act (44 U.S.C. Ch. 35) * * * * * (a) Computer capability. You must SBA certifies that this proposed rule (8) * * * have a personal computer with a would not be a significant regulatory (i) Any person described in modem, and be able to use this action for purposes of Executive Order paragraphs (1) through (6) of this equipment to prepare reports (using 12866 because it would not have an definition is an officer, general partner, SBA-provided software) and transmit annual effect on the economy of more or managing member; or them to SBA. In addition, by June 30, than $100 million, and that it would not * * * * * 1999, you must have access to the have a significant economic impact on Distributable securities means equity Internet and the capability to send and a substantial number of small entities securities that meet each of the receive electronic mail via the Internet. within the meaning of the Regulatory following requirements: (b) Facsimile capability. You must be Flexibility Act, 5 U.S.C. 601, et seq. The (1) The securities (which may include able to receive facsimile messages 24 purpose of the proposed rule is to securities that are salable pursuant to hours per day at your primary office.
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(c) Accessible office. You must (2) You are not permitted to finance (iii) Any Distribution(s) you made maintain an office that is convenient to a business, regardless of SIC under § 107.585, during the 5 years the public and is open for business classification, if the Financing is to be preceding the date of the Financing or during normal working hours. used to acquire or refinance real Commitment, which reduced your 5. Revise § 107.505 to read as follows: property, unless the Small Business: Regulatory Capital by no more than 2 (i) Is acquiring an existing property percent or which SBA approves for § 107.505 Prohibition against political contributions. and will use at least 51 percent of the inclusion in the sum determined in this usable square footage for an eligible paragraph (a)(1). You may not make a contribution to business purpose; or (2) For a Section 301(d) Licensee, 30 any national, State, or local political (ii) Is building or renovating a percent of a sum determined in the party, campaign or candidate, or to any building and will use at least 67 percent manner set forth in paragraph (a)(1)(i) political action committee that makes of the usable square footage for an through (iii) of this section. contributions to one or more political eligible business purpose; or * * * * * parties, campaigns, or candidates. (iii) Occupies the subject property and 6. Remove § 107.508. 11. In § 107.1100, revise the section uses at least 67 percent of the usable heading and paragraph (b) to read as § 107.508 [Removed] square footage for an eligible business follows: 7. In § 107.710 revise paragraphs purpose. * * * * * § 107.1100 Types of Leverage and (c)(1)(i) and (ii), redesignate paragraphs application procedures. (d) and (e) as paragraphs (e) and (f), 9. In § 107.730 revise paragraph revise the last sentence of new (d)(3)(iv) to read as follows: * * * * * paragraph (f), and add a new paragraph (b) Applying for Leverage. The § 107.730 Financing which constitute (d) to read as follows: Leverage application process has two conflicts of interest. parts. You must first apply for SBA’s § 107.710 Requirement to Finance Smaller * * * * * conditional commitment to reserve a Enterprises. (d) Financings with Associates. * * * specific amount of Leverage for your * * * * * (3) Exceptions to paragraphs (d)(1) future use. You may then apply to draw (c) Special requirement for certain and (d)(2) of this section. *** down Leverage against the commitment. leveraged Licensees. (iv) You have no outstanding Leverage See §§ 107.1200 through 107.1240. (1) * * * and do not intend to issue Leverage in * * * * * (i) Less than $10,000,000 if such the future, and your Associate either is 12. In § 107.1120 redesignate Leverage included Participating not a Licensee or has no outstanding paragraphs (d) through (f) as paragraphs Securities; or Leverage and does not intend to issue (e) through (g) and add a new paragraph (ii) Less than $5,000,000 if such Leverage in the future. (d) to read as follows: Leverage was Debentures only. * * * * * * * * * * 10. In § 107.740 revise paragraph (a) § 107.1120 General eligibility requirements for Leverage. (d) Special requirement for Leverage to read as follows: over $90,000,000. In addition to the * * * * * applicable requirements in paragraphs § 107.740 Portfolio diversification (d) Certify, if applicable, that you will (b) and (c) of this section, at the close (``overline'' limitation). use 100 percent of any Leverage over of each of your fiscal years, 100 percent (a) General rule. This § 107.740 $90,000,000 (including aggregate of any outstanding Leverage over applies if you have outstanding Leverage over $90,000,000 issued by $90,000,000 (including aggregate Leverage or intend to issue Leverage in two or more Licensees under Common Leverage over $90,000,000 issued by the future. Without SBA’s prior written Control) to provide Financing to Smaller two or more Licensees under Common approval, you may provide Financing or Enterprises (see also § 107.710). Control) must have been invested in a Commitment to a Small Business only * * * * * Smaller Enterprises. if the resulting amount of your aggregate 13. In § 107.1150 revise paragraph (a) * * * * * outstanding Financings and and the first sentence of paragraph (b)(1) (f) Non-compliance with this section. Commitments to such Small Business to read as follows: ** * However, you will not be eligible and its Affiliates does not exceed: (1) For a Section 301(c) Licensee, 20 § 107.1150 Maximum amount of Leverage for additional Leverage until you reach for a Section 301(c) Licensee. the required percentage (see percent of the sum of: § 107.1120(c) through (e)). (i) Your Regulatory Capital as of the (a) Maximum amount of Leverage. 8. In § 107.720 revise paragraph (c)(2) date of the Financing or Commitment; (1) Amounts before indexing. If you to read as follows: plus are a Section 301(c) Licensee, the (ii) Any Distribution(s) you made following table shows the maximum § 107.720 Small Businesses that may be under § 107.1570(b), during the 5 years amount of Leverage you may have ineligible for Financing. preceding the date of the Financing or outstanding at any time, subject to the * * * * * Commitment, which reduced your indexing adjustment set forth in (c) Real Estate Businesses. * * * Regulatory Capital; plus paragraph (a)(2) of this section:
If your Leverageable Capital is: Then your maximum Leverage is:
(1) Not over $17,100,000 ...... 300 percent of Leverageable Capital (2) Over $17,100,000 but not over $34,100,000 ...... $51,300,000 + [2 × (Leverageable Capital ¥$17,100,000)] (3) Over $34,100,000 but not over $51,300,000 ...... $85,300,000 + (Leverageable Capital ¥ $34,100,000) (4) Over $51,300,000 ...... $102,500,000
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(2) Indexing of maximum amount of 16. In § 107.1550 revise the first section. Any tax Distributions that you Leverage. SBA will adjust the amounts sentence of the introductory text, make for a subsequent period must be in paragraph (a) of this section annually paragraph (b)(1) and paragraph (d), and reduced by the excess amount to reflect increases through September add a new paragraph (e) to read as distributed. in the Consumer Price Index published follows: (2) Determine your excess tax by the Bureau of Labor Statistics. SBA Distributions by adding together all your will publish the indexed maximum § 107.1550 Distributions by Licensee- quarterly tax Distributions for the year permitted ``tax Distributions'' to private (ignoring any required reductions for Leverage amounts each year in a Notice investors and SBA. in the Federal Register. excess tax Distributions made in prior If you have outstanding Participating (b) Exceptions to maximum Leverage years), and subtracting the maximum Securities or Earmarked Assets, and you provisions—(1) Licensees under tax Distribution that you would have are a limited partnership, ‘‘S Common Control. Two or more been permitted to make based upon a Corporation’’, or equivalent pass- Licensees under Common Control may single computation performed for the through entity for tax purposes, you have aggregate outstanding Leverage entire fiscal year. The result, if greater may make ‘‘tax Distributions’’ to your over $102,500,000 (subject to indexing than zero, is your excess tax investors in accordance with this as set forth in paragraph (a)(2) of this Distribution for the year. § 107.1550, whether or not they have an section) only if SBA gives them 17. In § 107.1575, revise paragraphs actual tax liability. * ** permission to do so. * ** (a)(1) and (b)(2) and add a new * * * * * paragraph (a)(4) to read as follows: * * * * * (b) How to compute the Maximum 14. Revise § 107.1220 to read as Tax Liability. (1) You may compute your § 107.1575 Distributions on other than follows: Maximum Tax Liability for a full fiscal Payment Dates. § 107.1220 Requirement for Licensee to year or for any calendar quarter. Use the (a) Permitted Distributions on other file quarterly financial statements. following formula: than Payment Dates. *** M = (TOI × HRO) + (TCG × HRC) (1) Required annual Distributions As long as any part of SBA’s Leverage under § 107.1540(a)(1), annual commitment is outstanding, you must where: M = Maximum Tax Liability Distributions under § 107.1550, and any give SBA a Financial Statement on SBA Distributions under § 107.1560 must be Form 468 (Short Form) as of the close TOI = Net ordinary income allocated to made no later than the second Payment of each quarter of your fiscal year (other your partners or other owners for Date following the end of your fiscal than the fourth quarter, which is Federal income tax purposes for the year. covered by your annual filing of Form fiscal year or calendar quarter for 468 under § 107.630(a)). You must file which the Distribution is being * * * * * (4) Quarterly Distributions under this form within 30 days after the close made, excluding Prioritized § 107.1550 must be made no earlier than of the quarter. You will not be eligible Payments allocated to SBA. the last day of the calendar quarter for for a draw if you are not in compliance HRO = The highest combined marginal which the Distribution is being made with this § 107.1220. Federal and State income tax rate and no later than the first Payment Date 15. In § 107.1230(d) revise paragraph for corporations or individuals on following the end of such calendar (d)(1), redesignate paragraphs (d)(2) and ordinary income, determined in quarter. (d)(3) as paragraphs (d)(3) and (d)(4), accordance with paragraphs (b)(2) (b) Conditions for making a add a new paragraph (d)(2), and revise through (b)(4) of this section. Distribution. the first sentence of redesignated TCG = Net capital gains allocated to paragraph (d)(4) to read as follows: * * * * * your partners or other owners for (2) The ending date of the period for § 107.1230 Draw-downs by Licensee under Federal income tax purposes for the which you compute your Earmarked SBA's Leverage commitment. fiscal year or calendar quarter for Profits, Prioritized Payments, which the Distribution is being * * * * * Adjustments, Charges, Profit made, excluding Prioritized (d) Procedures for funding draws. Participation, Retained Earnings Payments allocated to SBA. *** Available for Distribution, liquidity HRC = The highest combined marginal ratio, Capital Impairment, and any other (1) A statement certifying that there Federal and State income tax rate has been no material adverse change in applicable computations required under for corporations or individuals on §§ 107.1500 through 107.1570, must be: your financial condition since your last capital gains, determined in filing of SBA Form 468 (see also (i) The distribution date, or accordance with paragraphs (b)(2) (ii) If your Distribution includes § 107.1220 for SBA Form 468 filing through (b)(4) of this section. requirements). annual Distributions under (2) If your request is submitted more * * * * * §§ 107.1540(a)(1), 107.1550 and/or (d) Paying a tax Distribution. You may than 30 days following the end of your 107.1560, your most recent fiscal year make an annual tax Distribution on the fiscal year, but before you have end; first or second Payment Date following submitted your annual filing of SBA * * * * * the end of your fiscal year. You may Form 468 (Long Form) in accordance 18. In § 107.1580, redesignate make a quarterly tax Distribution on the with § 107.630(a), a preliminary paragraphs (a)(1) through (a)(4) as first Payment Date following the end of unaudited annual financial statement on paragraphs (a)(2) through (a)(5), add a the calendar quarter for which the SBA Form 468 (Short Form). new paragraph (a)(1) and revise Distribution is being made. See also paragraph (b)(2) to read as follows: * * * * * § 107.1575(a). (4) A statement that the proceeds are (e) Excess tax Distributions. (1) As of § 107.1580 Special rules for In-Kind needed to fund one or more particular the end of your fiscal year, you must Distributions by Licensees. Small Businesses or to provide liquidity determine whether you made any excess (a) In-Kind Distributions while for your operations. * ** tax Distributions for the year in Licensee has outstanding Participating * * * * * accordance with paragraph (e)(2) of this Securities. ***
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(1) You must obtain SBA’s written also require the placard and the the proposed rule. All comments approval before the distribution date. temporary revision to the POH for submitted will be available, both before (2) You may distribute only additional serial number Models PC–12 and after the closing date for comments, Distributable Securities. and PC–12/45 airplanes; and would in the Rules Docket for examination by * * * * * require accomplishing improved interested persons. A report that (5) You must deposit SBA’s share of Standby Magnetic Compass Swing summarizes each FAA-public contact securities being distributed with a procedures and incorporating a concerned with the substance of this disposition agent designated by SBA. As temporary revision to the maintenance proposal will be filed in the Rules an alternative, if you agree, SBA may manual on all of the affected airplanes. Docket. direct you to dispose of its shares. In The proposed AD is the result of Commenters wishing the FAA to this case, you must promptly remit the mandatory continuing airworthiness acknowledge receipt of their comments proceeds to SBA. information (MCAI) issued by the submitted in response to this notice * * * * * airworthiness authority for Switzerland. must submit a self-addressed, stamped (b) In-Kind Distributions after The actions specified by the proposed postcard on which the following Licensee has redeemed all Participating AD are intended to prevent directional statement is made: ‘‘Comments to Securities. *** deviation on the standby magnetic Docket No. 98–CE–122–AD.’’ The compass caused by modifications made postcard will be date stamped and * * * * * to the airplane since manufacture, returned to the commenter. (2) You must obtain SBA’s prior which could result in flight-path written approval of any In-Kind deviation during critical phases of Availability of NPRMs Distribution of Earmarked Assets that flight. Any person may obtain a copy of this are not Distributable Securities, DATES: Comments must be received on NPRM by submitting a request to the specifically including approval of the or before May 19, 1999. FAA, Central Region, Office of the valuation of the assets. ADDRESSES: Submit comments in Regional Counsel, Attention: Rules Dated: March 31, 1999. triplicate to the Federal Aviation Docket No. 98–CE–122–AD, Room 1558, Aida Alvarez, Administration (FAA), Central Region, 601 E. 12th Street, Kansas City, Missouri Administrator. Office of the Regional Counsel, 64106. [FR Doc. 99–9265 Filed 4–13–99; 8:45 am] Attention: Rules Docket No. 98–CE– Discussion BILLING CODE 8025±01±P 122–AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments AD 98–13–08, Amendment 39–10596 may be inspected at this location (63 FR 32975, June 17, 1998), currently DEPARTMENT OF TRANSPORTATION between 8 a.m. and 4 p.m., Monday requires the following on certain Pilatus through Friday, holidays excepted. Models PC–12 and PC–12/45 airplanes Federal Aviation Administration Service information that applies to the (serial numbers 101 through 147): proposed AD may be obtained from —Replacing and re-routing the power 14 CFR Part 39 Pilatus Aircraft Ltd., Marketing Support return cables on the starter generator [Docket No. 98±CE±122±AD] Department, CH–6370 Stans, and generator 2; Switzerland; telephone: +41 41–6196 —Inserting a temporary revision to the RIN 2120±AA64 233; facsimile: +41 41–6103 351. This POH; and Airworthiness Directives; Pilatus information also may be examined at —Installing a placard near the standby 1 Aircraft Ltd. Models PC±12 and PC±12/ the Rules Docket at the address above. magnetic compass, using at least ⁄8- 45 Airplanes FOR FURTHER INFORMATION CONTACT: inch letters, with the following words: Roman T. Gabrys, Aerospace Engineer, ‘‘STANDBY COMPASS FOR CORRECT AGENCY: Federal Aviation FAA, Small Airplane Directorate, 1201 READING CHECK: WINDSHIELD DE- Administration, DOT. Walnut, suite 900, Kansas City, Missouri ICE LH & RH HEAVY & COOLING ACTION: Notice of proposed rulemaking 64106; telephone: (816) 426–6934; SYSTEM OFF.’’ (NPRM). facsimile: (816) 426–2169. SUPPLEMENTARY INFORMATION: Accomplishment of the actions of 98– SUMMARY: This document proposes to 13–08 is required in accordance with supersede Airworthiness Directive (AD) Comments Invited Pilatus PC XII Service Bulletin No. 24– 98–13–08, which currently requires Interested persons are invited to 002, Rev. No. 1, dated September 20, replacing and re-routing the power participate in the making of the 1996. return cables on the starter generator proposed rule by submitting such Actions Since Issuance of Previous Rule and the generator 2 on certain Pilatus written data, views, or arguments as Aircraft Ltd. (Pilatus) Models PC–12 and they may desire. Communications The Federal Office for Civil Aviation PC–12/45 airplanes. AD 98–13–08 also should identify the Rules Docket (FOCA), which is the airworthiness requires inserting a temporary revision number and be submitted in triplicate to authority for Switzerland, recently to the pilot operating handbook (POH), the address specified above. All notified the FAA that an unsafe and installing a placard near the communications received on or before condition may exist on certain Pilatus standby magnetic compass. The the closing date for comments, specified Model PC–12 and PC–12/45 airplanes. proposed AD would retain the actions above, will be considered before taking The FOCA advises that the changes currently required by AD 98–13–08 on action on the proposed rule. The made to the systems during the all airplanes affected by that AD, and proposals contained in this notice may accomplishment of AD 98–13–08, along would require replacing the temporary be changed in light of the comments with other system modifications revision to the POH and the placard received. incorporated during the service life of near the standby magnetic compass with Comments are specifically invited on the affected aircraft, have made certain an improved procedural POH revision the overall regulatory, economic, revisions to the standby magnetic and placard. The proposed AD would environmental, and energy aspects of compass swing procedures necessary.
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These changes, if not incorporated in to the POH for additional serial number improved Standby Magnetic Compass a timely manner, could result in a Models PC–12 and PC–12/45 airplanes; Check Swing procedures would be deviation of the airplane flight path and would require accomplishing $12,600, or $180 per airplane. during critical phases of flight. improved Standby Magnetic Compass The proposed POH revision and Swing procedures and incorporating a Relevant Service Information placard requirements would be required temporary revision to the maintenance for approximately 70 airplanes. Pilatus has issued Service Bulletin No. manual on all of the affected airplanes. Incorporating the POH revisions and 34–006, dated September 3, 1998, which The placard will incorporate the fabricating and installing a placard may specifies: following language: be performed by the owner/operator —Accomplishing the compass swing STANDBY COMPASS holding at least a private pilot certificate procedures of the standby magnetic as authorized by section 43.7 of the compass in accordance with PC–12 FOR CORRECT READING SWITCH: Federal Aviation Regulations (14 CFR Maintenance Manual Temporary AVIONICS ON 43.7), and must be entered into the Revision No. 34–03, dated July 16, aircraft records showing compliance 1998; NAV & INSTRUMENT LIGHTING AS with the proposed AD in accordance —Incorporating PC–12 Pilot’s Operating REQUIRED with section 43.9 of the Federal Handbook, Pilatus Report No. 01973– WINDSHIELD DE-ICE LH & RH OFF Aviation Regulations (14 CFR 43.9). The 001, Temporary Revision, Standby only cost impact the proposed placard AUXILIARY HEATING SYSTEMS OFF Compass, dated July 16, 1998; and and POH revision requirements impose —Installing a revised placard near the AUXILIARY COOLING SYSTEM OFF is the time it would take each owner/ standby magnetic compass. Accomplishment of the replacement operator of the affected airplanes to The FOCA classified this service incorporate this information into the information as mandatory and issued and re-routing of the power return cables would be required in accordance POH and fabricate and install the Swiss AD HB–98–426, dated November placard. 6, 1998, in order to assure the continued with Pilatus PC XII Service Bulletin No. airworthiness of these airplanes in 24–002, Rev. No. 1, dated September 20, Regulatory Impact Switzerland. 1996. The Standby Magnetic Compass The regulations proposed herein The FAA’s Determination Swing procedures would be would not have substantial direct effects These airplane models are accomplished in accordance with PC–12 on the States, on the relationship manufactured in Switzerland and are Maintenance Manual Temporary between the national government and type certificated for operation in the Revision No. 34–03, dated July 16, 1998, the States, or on the distribution of United States under the provisions of as specified in Pilatus Service Bulletin power and responsibilities among the section 21.29 of the Federal Aviation No. 34–006, dated September 3, 1998. various levels of government. Therefore, in accordance with Executive Order Regulations (14 CFR 21.29) and the Cost Impact applicable bilateral airworthiness 12612, it is determined that this agreement. Pursuant to this bilateral The FAA estimates that 70 airplanes proposal would not have sufficient airworthiness agreement, the FOCA has in the U.S. registry would be affected by federalism implications to warrant the kept the FAA informed of the situation the proposed AD. preparation of a Federalism Assessment. described above. Approximately 40 of these airplanes For the reasons discussed above, I The FAA has examined the findings are affected by the proposed power certify that this action (1) is not a of the FOCA; reviewed all available return cable replacement and re-routing ‘‘significant regulatory action’’ under information, including the service requirements that are being retained Executive Order 12866; (2) is not a information referenced above; and from AD 98–13–08. The FAA estimates ‘‘significant rule’’ under DOT determined that AD action is necessary that it would take approximately 12 Regulatory Policies and Procedures (44 for products of this type design that are workhours per airplane to accomplish FR 11034, February 26, 1979); and (3) if certificated for operation in the United these proposed actions, and that the promulgated, will not have a significant States. average labor rate is approximately $60 economic impact, positive or negative, an hour. Pilatus will provide parts at no on a substantial number of small entities Explanation of the Provisions of the cost to the owners/operators of the under the criteria of the Regulatory Proposed AD affected airplanes. Based on these Flexibility Act. A copy of the draft Since an unsafe condition has been figures, the cost impact of the proposed regulatory evaluation prepared for this identified that is likely to exist or replacement and re-routing action has been placed in the Rules develop in other Pilatus Models PC–12 requirements on U.S. operators is Docket. A copy of it may be obtained by and PC–12/45 airplanes of the same $28,800, or $720 per airplane. The contacting the Rules Docket at the type design registered for operation in proposed AD imposes no additional location provided under the caption the United States, the FAA is proposing replacement and re-routing cost impact ADDRESSES. AD action to supersede AD 98–13–08. upon U.S. operators of the affected List of Subjects in 14 CFR Part 39 The proposed AD would retain the airplanes over that currently required by actions currently required by AD 98– AD 98–13–08. Air transportation, Aircraft, Aviation 13–08 on all airplanes affected by that Accomplishing the improved Standby safety, Safety. AD (manufacturer serial numbers 101 Magnetic Compass Check Swing The Proposed Amendment through 147), and would require procedures would be required for replacing the temporary revision to the approximately 70 airplanes and would Accordingly, pursuant to the POH and the placard near the standby take approximately 3 workhours per authority delegated to me by the magnetic compass with an improved airplane to accomplish at an average Administrator, the Federal Aviation procedural POH revision and placard. labor rate of $60 per hour. Based on Administration proposes to amend part The proposed AD would also require these figures, the proposed cost impact 39 of the Federal Aviation Regulations the placard and the temporary revision on U.S. operators to accomplish the (14 CFR part 39) as follows:
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PART 39ÐAIRWORTHINESS STANDBY COMPASS Directorate, 1201 Walnut, suite 900, Kansas DIRECTIVES FOR CORRECT READING SWITCH: City, Missouri, 64106. (1) The request shall be forwarded through 1. The authority citation for part 39 AVIONICS ON an appropriate FAA Maintenance Inspector, who may add comments and then send it to continues to read as follows: NAV & INSTRUMENT LIGHTING AS the Manager, Small Airplane Directorate. REQUIRED Authority: 49 U.S.C. 106(g), 40113, 44701. (2) Alternative methods of compliance § 39.13 [Amended] WINDSHIELD DE-ICE LH & RH OFF approved in accordance with AD 98–13–08 are not considered approved as alternative 2. Section 39.13 is amended by AUXILIARY HEATING SYSTEMS OFF methods of compliance for this AD. removing Airworthiness Directive (AD) AUXILIARY COOLING SYSTEM OFF Note 2: Information concerning the 98–13–08, Amendment 39–10596 (63 existence of approved alternative methods of FR 32975, June 17, 1998), and by adding This placard is referenced in Pilatus Service Bulletin No. 34–006, dated September 3, compliance with this AD, if any, may be a new AD to read as follows: 1998. obtained from the Small Airplane Pilatus Aircraft Ltd.: Docket No. 98–CE–122– (c) For airplanes incorporating serial Directorate. AD; Supersedes AD 98–13–08, numbers 148 through 230, within the next 50 (h) Questions or technical information Amendment 39–10596. hours TIS after the effective date of this AD, related to the service information referenced Applicability: Models PC–12 and PC–12/45 install a placard with the following words in this AD should be directed to Pilatus airplanes, serial numbers 101 through 230), (using at least 1/8-inch letters) near the Aircraft Ltd., Customer Liaison Manager, certificated in any category. standby magnetic compass: CH–6370 Stans, Switzerland; telephone: +41 41 6196 233; facsimile: +41 41 6103 351. This Note 1: This AD applies to each airplane STANDBY COMPASS service information may be examined at the identified in the preceding applicability FOR CORRECT READING SWITCH: FAA, Central Region, Office of the Regional provision, regardless of whether it has been Counsel, Room 1558, 601 E. 12th Street, modified, altered, or repaired in the area AVIONICS ON Kansas City, Missouri 64106. subject to the requirements of this AD. For NAV & INSTRUMENT LIGHTING AS (i) This amendment supersedes AD 98–13– airplanes that have been modified, altered, or REQUIRED 08, Amendment 39–10596. repaired so that the performance of the requirements of this AD is affected, the WINDSHIELD DE-ICE LH & RH OFF Note 3: The subject of this AD is addressed owner/operator must request approval for an in Swiss AD HB–98–426, dated November 6, alternative method of compliance in AUXILIARY HEATING SYSTEMS OFF 1998. accordance with paragraph (g) of this AD. AUXILIARY COOLING SYSTEM OFF Issued in Kansas City, Missouri, on April The request should include an assessment of 7, 1999. This placard is referenced in Pilatus Service the effect of the modification, alteration, or Bulletin No. 34–006, dated September 3, Carolanne L. Cabrini, repair on the unsafe condition addressed by 1998. Acting Manager, Small Airplane Directorate, this AD; and, if the unsafe condition has not (d) For all serial number airplanes, within Aircraft Certification Service. been eliminated, the request should include the next 50 hours TIS after the effective date specific proposed actions to address it. [FR Doc. 99–9249 Filed 4–13–99; 8:45 am] of this AD, accomplish the following: BILLING CODE 4910±13±P Compliance: Required as indicated in the (1) Insert Pilatus Report No. 01973–001, body of this AD, unless already Temporary Revision, Standby Compass, accomplished. dated July 16, 1998, into the Pilot Operating To prevent directional deviation on the Handbook (POH). DEPARTMENT OF TRANSPORTATION standby magnetic compass caused by (2) Accomplish the improved Standby modifications made to the airplane since Magnetic Compass Check Swing procedures Federal Aviation Administration manufacture, which could result in flight- in accordance with Pilatus PC–12 path deviation during critical phases of Maintenance Manual Temporary Revision 14 CFR Part 39 flight, accomplish the following: No. 34–03, dated July 16, 1998, as specified [Docket No. 98±CE±120±AD] (a) For airplanes incorporating serial in Pilatus Service Bulletin No. 34–006, dated numbers 101 through 147, within the next September 3, 1998. RIN 2120±AA64 100 hours time-in-service (TIS) after July 31, (3) Insert Pilatus PC–12 Maintenance 1998 (the effective date of AD 98–13–08), Manual Temporary Revision No. 34–03, Airworthiness Directives; LET accomplish the following: dated July 16, 1998, in chapter 34–21–00 Aeronautical Works Model L33 SOLO (1) Replace the starter generator cable and facing page 502 of the maintenance manual. Sailplanes the generator 2 power return cables with new Disregard existing pages 502 through 506. cables of improved design and re-route these (e) Accomplishment of the POH revision, AGENCY: Federal Aviation cables, in accordance with the maintenance manual insertions, and placard Administration, DOT. Accomplishment Instructions section in fabrication and installation, as required by ACTION: Notice of proposed rulemaking Pilatus PC XII Service Bulletin (SB) No. 24– paragraphs (a)(2), (b), (c), (d)(1), and (d)(3) of (NPRM). 002, Rev. No. 1, dated September 20, 1996. this AD, may be performed by the owner/ (2) Remove the temporary revision titled operator holding at least a private pilot SUMMARY: This document proposes to ‘‘Electrical Cables,’’ dated March 7, 1996, certificate as authorized by section 43.7 of from the Pilot Operating Handbook (POH) adopt a new airworthiness directive the Federal Aviation Regulations (14 CFR (AD) that would apply to certain LET and insert a temporary revision titled 43.7), and must be entered into the aircraft ‘‘Electrical Cables’’ Rev. 1, dated July 12, records showing compliance with this AD in Aeronautical Works (LET) Model L33 1996. Accomplish this action in accordance accordance with section 43.9 of the Federal SOLO sailplanes. The proposed AD with the Accomplishment Instructions Aviation Regulations (14 CFR 43.9). would require replacing the main wing section in Pilatus PC XII SB No. 24–002, Rev. (f) Special flight permits may be issued in attachment and wing spar root pins and No. 1, dated September 20, 1996. accordance with sections 21.197 and 21.199 modifying the corresponding area. The (b) For airplanes incorporating serial of the Federal Aviation Regulations (14 CFR proposed AD is the result of mandatory numbers 101 through 147, within the next 50 21.197 and 21.199) to operate the airplane to continuing airworthiness information hours TIS after the effective date of this AD, a location where the requirements of this AD (MCAI) issued by the airworthiness replace the placard installed near the standby can be accomplished. magnetic compass that is required by AD 98– (g) An alternative method of compliance or authority for the Czech Republic. The 13–08, with a new placard that incorporates adjustment of the compliance times that actions specified by the proposed AD the following words (using at least 1/8-inch provides an equivalent level of safety may be are intended to prevent structural letters): approved by the Manager, Small Airplane failure of the wing attachments caused
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Accomplishment of the proposed ADDRESSES: Submit comments in 601 E. 12th Street, KansasCity, Missouri AD would be required in accordance triplicate to the Federal Aviation 64106. with the service information referenced Administration (FAA), Central Region, previously. Discussion Office of the Regional Counsel, Cost Impact Attention: Rules Docket No. 98–CE– The Civil Aviation Authority of the 120–AD, Room 1558, 601 E. 12th Street, Czech Republic (CAA CZ), which is the The FAA estimates that 20 sailplanes Kansas City, Missouri 64106. Comments airworthiness authority for the Czech in the U.S. registry would be affected by may be inspected at this location Republic, notified the FAA that an the proposed AD, that it would take between 8 a.m. and 4 p.m., Monday unsafe condition may exist on certain approximately 35 workhours per through Friday, holidays excepted. LET Model L33 SOLO sailplanes. The sailplane to accomplish the proposed Service information that applies to the CAA CZ reports that fatigue damage action, and that the average labor rate is proposed AD may be obtained from LET could occur to the main wing approximately $60 an hour. Parts cost Aeronautical Works, 686 04 Kunovice, attachment over a certain period of time. approximately $900 per sailplane. Based Czech Republic; telephone: +420 632 51 LET performed fatigue testing that on these figures, the total cost impact of 11 11; facsimile: +420 632 613 52. This revealed deterioration and potential the proposed AD on U.S. operators is information also may be examined at failure of these parts around 2,000 hours estimated to be $60,000, or $3,000 per the Rules Docket at the address above. time-in-service (TIS). sailplane. This condition, if not corrected in a FOR FURTHER INFORMATION CONTACT: Mr. Regulatory Impact Mike Kiesov, Aerospace Engineer, FAA, timely manner, could result in the wing separating from the sailplane with Small Airplane Directorate, 1201 The regulations proposed herein consequent loss of control. Walnut, suite 900, Kansas City, Missouri would not have substantial direct effects 64106; telephone: (816) 426–6934; Relevant Service Information on the States, on the relationship facsimile: (816) 426–2169. LET has issued Mandatory Bulletin between the national government and SUPPLEMENTARY INFORMATION: Number L33/008a, dated January 20, the States, or on the distribution of power and responsibilities among the Comments Invited 1998, which specifies procedures for replacing the main wing attachment and various levels of government. Therefore, Interested persons are invited to wing spar root pins and modifying the in accordance with Executive Order participate in the making of the corresponding area. 12612, it is determined that this proposed rule by submitting such The CAA CZ classified this service proposal would not have sufficient written data, views, or arguments as bulletin as mandatory and issued federalism implications to warrant the they may desire. Communications Czechoslovakian AD CCA–T–AD–1– preparation of a Federalism Assessment. should identify the Rules Docket 024/98, dated March 23, 1998, in order For the reasons discussed above, I number and be submitted in triplicate to to assure the continued airworthiness of certify that this action (1) is not a the address specified above. All these sailplanes in the Czech Republic. ‘‘significant regulatory action’’ under communications received on or before The FAA’s Determination Executive Order 12866; (2) is not a the closing date for comments, specified ‘‘significant rule’’ under DOT above, will be considered before taking This sailplane model is manufactured Regulatory Policies and Procedures (44 action on the proposed rule. The in the Czech Republic and is type FR 11034, February 26, 1979); and (3) if proposals contained in this notice may certificated for operation in the United promulgated, will not have a significant be changed in light of the comments States under the provisions of section economic impact, positive or negative, received. 21.29 of the Federal Aviation on a substantial number of small entities Comments are specifically invited on Regulations (14 CFR 21.29) and the under the criteria of the Regulatory the overall regulatory, economic, applicable bilateral airworthiness Flexibility Act. A copy of the draft environmental, and energy aspects of agreement. Pursuant to this bilateral regulatory evaluation prepared for this the proposed rule. All comments airworthiness agreement, the CAA CZ action has been placed in the Rules submitted will be available, both before has kept the FAA informed of the Docket. A copy of it may be obtained by and after the closing date for comments, situation described above. contacting the Rules Docket at the in the Rules Docket for examination by The FAA has examined the findings location provided under the caption interested persons. A report that of the CAA CZ; reviewed all available ADDRESSES. summarizes each FAA-public contact information, including the service concerned with the substance of this information referenced above; and List of Subjects in 14 CFR Part 39 proposal will be filed in the Rules determined that AD action is necessary Docket. for products of this type design that are Air transportation, Aircraft, Aviation Commenters wishing the FAA to certificated for operation in the United safety, Safety. acknowledge receipt of their comments States. The Proposed Amendment submitted in response to this notice must submit a self-addressed, stamped Explanation of the Provisions of the Accordingly, pursuant to the postcard on which the following Proposed AD authority delegated to me by the statement is made: ‘‘Comments to Since an unsafe condition has been Administrator, the Federal Aviation Docket No. 98–CE–120–AD.’’ The identified that is likely to exist or Administration proposes to amend part postcard will be date stamped and develop in other LET Model L33 39 of the Federal Aviation Regulations returned to the commenter. sailplanes of the same type design (14 CFR part 39) as follows:
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PART 39ÐAIRWORTHINESS (c) Special flight permits may be issued in cable travel; and repair, if necessary. For DIRECTIVES accordance with sections 21.197 and 21.199 certain airplanes, this proposal also of the Federal Aviation Regulations (14 CFR would require replacement of certain 1. The authority citation for part 39 21.197 and 21.199) to operate the sailplane pulleys with new pulleys, and re-rigging continues to read as follows: to a location where the requirements of this AD can be accomplished. of the engine thrust control cable. This Authority: 49 U.S.C. 106(g), 40113, 44701. (d) An alternative method of compliance or proposal is prompted by reports of engine thrust control cable failures. The § 39.13 [Amended] adjustment of the compliance time that provides an equivalent level of safety may be actions specified by the proposed AD 2. Section 39.13 is amended by approved by the Manager, Small Airplane are intended to prevent such failures, adding a new airworthiness directive Directorate, FAA, 1201 Walnut, suite 900, which could result in a severe (AD) to read as follows: Kansas City, Missouri 64106. The request asymmetric thrust condition during LET Aeronautical Works: Docket No. 98–CE– shall be forwarded through an appropriate landing, and consequent reduced 120–AD. FAA Maintenance Inspector, who may add controllability of the airplane. Applicability: The following serial comments and then send it to the Manager, Small Airplane Directorate. DATES: Comments must be received by numbers of Model L33 SOLO sailplanes, June 1, 1999. certificated in any category: Note 3: Information concerning the ADDRESSES: Submit comments in 930101 through 930205; existence of approved alternative methods of 940310 through 940316; compliance with this AD, if any, may be triplicate to the Federal Aviation 950405 and 950406; obtained from the Small Airplane Administration (FAA), Transport 960407 and 960408; and Directorate. Airplane Directorate, ANM–114, 940206 through 940308; (e) Questions or technical information Attention: Rules Docket No. 98–NM– 950318 through 950401; related to LET Mandatory Bulletin Number 363–AD, 1601 Lind Avenue, SW., 960402 through 960404; L33/008a, dated January 20, 1998 should be Renton, Washington 98055–4056. 960410 directed LET Aeronautical Works, 686 04 Comments may be inspected at this Note 1: This AD applies to each sailplane Kunovice, Czech Republic; telephone: +420 location between 9:00 a.m. and 3:00 632 51 11 11; facsimile: +420 632 613 52. identified in the preceding applicability p.m., Monday through Friday, except provision, regardless of whether it has been This service information may be examined at modified, altered, or repaired in the area the FAA, Central Region, Office of the Federal holidays. subject to the requirements of this AD. For Regional Counsel, Room 1558, 601 E. 12th The service information referenced in sailplanes that have been modified, altered, Street, Kansas City, Missouri 64106. the proposed rule may be obtained from or repaired so that the performance of the Note 4: The subject of this AD is addressed Boeing Commercial Airplane Group, requirements of this AD is affected, the in Czechoslovakian AD CCA–T–AD–1–024/ P.O. Box 3707, Seattle, Washington owner/operator must request approval for an 98, dated March 23, 1998. 98124–2207. This information may be alternative method of compliance in Issued in Kansas City, Missouri, on April examined at the FAA, Transport accordance with paragraph (d) of this AD. 7, 1999. Airplane Directorate, 1601 Lind The request should include an assessment Avenue, SW., Renton, Washington. of the effect of the modification, alteration, or Carolanne L. Cabrini, repair on the unsafe condition addressed by Acting Manager, Small Airplane Directorate, FOR FURTHER INFORMATION CONTACT: this AD; and, if the unsafe condition has not Aircraft Certification Service. Holly Thorson, Aerospace Engineer, been eliminated, the request should include [FR Doc. 99–9252 Filed 4–13–99; 8:45 am] Propulsion Branch, ANM–140S, FAA, specific proposed actions to address it. BILLING CODE 4910±13±P Transport Airplane Directorate, Seattle Compliance: Required as indicated in the Aircraft Certification Office, 1601 Lind body of this AD, unless already Avenue, SW., Renton, Washington accomplished. DEPARTMENT OF TRANSPORTATION 98055–4056; telephone (425) 227–1357; To prevent structural failure of the wing fax (425) 227–1181. attachments caused by the current design Federal Aviation Administration configuration, which could result in the wing SUPPLEMENTARY INFORMATION: separating from the sailplane with 14 CFR Part 39 Comments Invited consequent loss of control, accomplish the following: [Docket No. 98±NM±363±AD] Interested persons are invited to (a) Upon accumulating 1,500 hours time- participate in the making of the in-service (TIS) on each wing attachment or RIN 2120±AA64 proposed rule by submitting such within the next 100 hours TIS after the written data, views, or arguments as effective date of this AD, whichever occurs Airworthiness Directives; Boeing Model 767 Series Airplanes Powered they may desire. Communications shall later, replace the main wing attachment and identify the Rules Docket number and wing spar root pins and modify the by Pratt & Whitney JT9D±7R4 Series corresponding area. Accomplish these Turbofan Engines or General Electric be submitted in triplicate to the address actions in accordance with the WORK CF6±80A Series Turbofan Engines specified above. All communications PROCEDURE section of Mandatory Bulletin received on or before the closing date Number L33/008a, dated January 20, 1998. AGENCY: Federal Aviation for comments, specified above, will be Note 2: When shipping the parts required Administration, DOT. considered before taking action on the to accomplish the actions of this AD, LET ACTION: Notice of proposed rulemaking proposed rule. The proposals contained Aeronautical Works will also send a service (NPRM). in this notice may be changed in light technician to train or assist mechanics within of the comments received. the geographic locations of the Model L33 SUMMARY: This document proposes the Comments are specifically invited on SOLO sailplane owners. adoption of a new airworthiness the overall regulatory, economic, (b) As of the effective date of this AD, no directive (AD) that is applicable to environmental, and energy aspects of person may install, on any of the affected certain Boeing Model 767 series the proposed rule. All comments sailplanes, main wing attachments or wing airplanes. This proposal would require submitted will be available, both before spar root pins without accomplishing the modification specified in paragraph (a) of modification of the engine thrust control and after the closing date for comments, this AD, in accordance with the WORK cable installation; repetitive inspections in the Rules Docket for examination by PROCEDURE section of Mandatory Bulletin to detect certain discrepancies of the interested persons. A report Number L33/008a, dated January 20, 1998. cables, pulleys, pulley brackets, and summarizing each FAA-public contact
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Docket. revealed that the thrust control cable Justification of Compliance Time Commenters wishing the FAA to had broken due to continuous chafing acknowledge receipt of their comments against the adjacent wire bundle that This proposed AD includes a submitted in response to this notice supplies power to the right window procedure to inspect the engine thrust must submit a self-addressed, stamped heater. control cables, pulleys, pulley brackets, postcard on which the following In addition, failure of a pulley could and cable travel, which is similar to the statement is made: ‘‘Comments to result in insufficient support or inspection for control cables contained Docket Number 98–NM–363–AD.’’ The improper positioning of the thrust in Chapter 20–20–02 of the Boeing 767 postcard will be date stamped and control cable and may lead to cable Maintenance Manual. The Boeing returned to the commenter. chafing on adjacent structure or airplane Maintenance Planning Document system components and subsequent recommends that an inspection of the Availability of NPRMs failure of the thrust control cable. Such engine thrust control cables be Any person may obtain a copy of this failure of a thrust control cable could conducted in accordance with Chapter NPRM by submitting a request to the result in a severe asymmetric thrust 20–20–02 at every ‘‘2C’’ check. The FAA FAA, Transport Airplane Directorate, condition during landing, and has no evidence that indicates that the ANM–114, Attention: Rules Docket No. consequent reduced controllability of Model 747, 757, and 767 series 98–NM–363–AD, 1601 Lind Avenue, the airplane. airplanes that experienced the thrust SW., Renton, Washington 98055–4056. control cable failures were not adhering Explanation of Relevant Service Discussion to those recommendations; therefore, Information the FAA has determined that the In December 1985, the FAA received The FAA has reviewed and approved repetitive inspections of the thrust a report indicating that a Boeing Model Boeing Service Bulletin 767–76–0010, control cables, pulleys, pulley brackets, 747–100 series airplane had Revision 1, dated February 20, 1992, and cable travel must be done at every experienced a thrust control ‘B’ cable which describes procedures for ‘‘C’’ check, which corresponds with 18 failure following application of reverse replacement of the two non-metallic months or 4,500 flight hours, whichever thrust during landing. This failure pulleys of the thrust control cable that occurs first. caused engine number 1 to go full are located in the leading edge of the forward thrust with engine numbers 2, wing adjacent to the left and right Explanation of Inspection Procedure 3, and 4 in full reverse thrust. The engine strut with aluminum pulleys. The inspection procedure identified airplane exited the runway and The service bulletin also describes for the thrust control cables was derived eventually slid to a stop with procedures for re-rigging of the thrust from the Boeing 747, 757, and 767 consequent hull damage. control cable after replacement of the Maintenance Manuals. The thrust In December 1992, a broken thrust pulleys. control cable designs are similar among control ‘B’ cable was found on a Boeing Accomplishment of the actions these airplane models. However, the Model 767–200 series airplane specified in the service bulletin damage tolerance criteria for following an uncommanded described previously, and the repetitive replacement of the thrust control cables acceleration of the number two engine inspection mandated by this AD, is are more stringent for Model 757 than during engine start. The broken cable intended to adequately address the for the Model 767. Therefore, in was located adjacent to the right-hand identified unsafe condition. recognition that the cable designs are wing. similar and the fact that there is no In April 1997, during a review of the Explanation of Requirements of Proposed Rule readily apparent reason for the certification plan for the Boeing Model differences in damage tolerance criteria, 757–300 series airplane, Boeing Since an unsafe condition has been the more stringent Model 757 informed the FAA that the thrust identified that is likely to exist or requirements are stated in the thrust control cable installation on Boeing develop on other products of this same control cable procedure described in Model 757–200, –200PF, and –200CB type design, the proposed AD would this proposed rule. series airplanes equipped with Rolls require modification of the engine thrust Royce engines, and on Model 767 series control cable installation and repetitive Cost Impact airplanes equipped with Pratt & inspections to detect certain There are approximately 211 Whitney Model JT9D–7R4 series discrepancies of the engine thrust airplanes of the affected design in the engines and General Electric CF6–80A control cables, pulleys, pulley brackets, worldwide fleet. The FAA estimates that series turbofan engines, is similar to the and cable travel; and repair, if 100 airplanes of U.S. registry would be thrust control cable installation on the necessary. The actions would be affected by this proposed AD. Boeing Model 747–100 series airplane, required to be accomplished in For all airplanes (100 U.S.-registered and that a similar failure could result in accordance with the procedure included airplanes), it would take approximately subsequent runway departure. in Appendix 1 of this AD. 3 work hours per airplane to accomplish The FAA has recently received a For certain airplanes, this proposed the proposed inspection, at an average report of uncommanded advancement of AD would require replacement of the labor rate of $60 per work hour. Based the right thrust lever on a Boeing Model non-metallic pulleys of the two thrust on these figures, the cost impact of the 757–200 series airplane during flight. control cables that are located in the inspection proposed by this AD on U.S. Subsequently, the engine power began leading edge of the wing adjacent to the operators is estimated to be $18,000, or steadily increasing. In order to reduce left and right engine strut with $180 per airplane, per inspection cycle. the engine power, the flight crew set the aluminum pulleys. The proposed AD For airplanes identified in Boeing lever to the idle stop position; however, also would require re-rigging of the Service Bulletin 767–76–0010, Revision the engine power continued to increase. thrust control cable after replacement of 1 (52 U.S.-registered airplanes), it would The flight crew then used the cut-off the pulleys. These actions would be take approximately 9 work hours per lever to stop the engine as it approached required to be accomplished in airplane to accomplish the proposed
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Use airplane. powered by Pratt & Whitney JT9D–7R4 series turbofan engines or General Electric CF6– a flashlight and mirror to aid inspection in The cost impact figures discussed 80A series turbofan engines, certificated in places that are difficult to access. above are based on assumptions that no any category. C. Replace the control cable when you find operator has yet accomplished any of Note 1: This AD applies to each airplane one of these conditions: the proposed requirements of this AD identified in the preceding applicability (1) Two or more broken wires. action, and that no operator would provision, regardless of whether it has been (2) If one cable strand has worn wires accomplish those actions in the future if modified, altered, or repaired in the area where one wire cross section is decreased by this AD were not adopted. subject to the requirements of this AD. For 40 percent or more (see Figure 1). airplanes that have been modified, altered, or (3) For cables not in the pressurized area, Regulatory Impact repaired so that the performance of the replace a worn cable where you cannot requirements of this AD is affected, the identify the wire strands on the worn side. The regulations proposed herein owner/operator must request approval for an (4) A broken wire in the area that goes over would not have substantial direct effects alternative method of compliance in a pulley, through a pressure seal, or through on the States, on the relationship accordance with paragraph (c) of this AD. a fairlead. between the national government and The request should include an assessment of Note: A cable assembly can have one the States, or on the distribution of the effect of the modification, alteration, or broken wire if the broken wire is in a straight power and responsibilities among the repair on the unsafe condition addressed by part of the cable assembly. The broken wire this AD; and, if the unsafe condition has not various levels of government. Therefore, must not go over a pulley or through a been eliminated, the request should include pressure seal or fairlead. The cable must in accordance with Executive Order specific proposed actions to address it. comply with the other specifications of this 12612, it is determined that this Compliance: Required as indicated, unless section. proposal would not have sufficient accomplished previously. (5) A nick or cut. federalism implications to warrant the To prevent engine thrust control cable (6) Rust or corrosion. preparation of a Federalism Assessment. failure, which could result in a severe D. Lubricate the cable (if you removed the For the reasons discussed above, I asymmetric thrust condition during landing, lubricant), in accordance with 767 and consequent reduced controllability of the Maintenance Manual 12–21–31. certify that this proposed regulation (1) airplane, accomplish the following: is not a ‘‘significant regulatory action’’ Note: Do not apply grease or corrosion (a) For all airplanes: Within 18 months or preventative agents on corrosion resistant under Executive Order 12866; (2) is not 4,500 flight hours after the effective date of a ‘‘significant rule’’ under the DOT cables (CRES) because accumulation of grit this AD, whichever occurs first, accomplish increases the wear rate on CRES cables. CRES Regulatory Policies and Procedures (44 the ‘‘Thrust Control Cable Inspection cables should not be lubricated. FR 11034, February 26, 1979); and (3) if Procedure’’ specified in Appendix 1 promulgated, will not have a significant (including figures 1 and 2) of this AD to 3. Inspection of the Control Cable Pulley economic impact, positive or negative, verify the integrity of the thrust control A. Visually examine the pulleys for on a substantial number of small entities cables. Prior to further flight, repair any roughness, sharp edges, and unwanted discrepancy found in accordance with the under the criteria of the Regulatory material in the grooves. procedures described in the Boeing 767 B. Visually examine the pulley wear Flexibility Act. A copy of the draft Maintenance Manual. Repeat the inspection regulatory evaluation prepared for this pattern (see Figure 2). thereafter at intervals not to exceed 18 C. Do these steps at the same time to action is contained in the Rules Docket. months or 4,500 flight hours, whichever examine the pulley for wobble: A copy of it may be obtained by occurs first. (1) Push on the side of the pulley at the contacting the Rules Docket at the Appendix 1.—Thrust Control Cable outer edge with a 2-pound force, location provided under the caption Inspection Procedure perpendicular to control cable travel. ADDRESSES. (2) Make sure the movement of the outer 1. General edge is no more than: List of Subjects in 14 CFR Part 39 A. Use these procedures to verify the (a) 0.10 inch for 8-inch diameter pulleys (b) 0.09 inch for 6-inch diameter pulleys Air transportation, Aircraft, Aviation integrity of the thrust control cables. The procedures must be performed along the (c) 0.08 inch for 5-inch diameter pulleys safety, Safety. entire cable run for each engine. (d) 0.07 inch for 4-inch diameter pulleys (e) 0.06 inch for 3-inch diameter pulleys The Proposed Amendment B. The first task is an inspection of the control cable. The second task is an D. Make sure the pulley bearings have Accordingly, pursuant to the inspection of the control cable pulley. The lubrication and turn smoothly. E. Examine the pulley bolts for wear. authority delegated to me by the third task is an inspection of the control cable pulley bracket. The fourth task is an F. Replace the pulley when you find one Administrator, the Federal Aviation inspection of control cable travel. of these conditions: Administration proposes to amend part (1) An unusual pulley wear pattern. 39 of the Federal Aviation Regulations 2. Inspection of the Control Cables (2) Too much pulley wobble. (14 CFR part 39) as follows: A. Clean the cables (if necessary) for the (3) The pulley does not turn freely and inspection, in accordance with 767 smoothly. PART 39ÐAIRWORTHINESS Maintenance Manual 12–21–31. 4. Inspection of the Control Cable Pulley DIRECTIVES B. Examine the cables: (1) To do a check for broken wires, rub a Bracket 1. The authority citation for part 39 cloth along the length of the cable. The cloth A. Examine the brackets and the support continues to read as follows: catches broken wires. structure for cracks or other damage. (2) To aid in the visual inspection, remove B. Replace or repair all brackets or Authority: 49 U.S.C. 106(g), 40113, 44701. the tension and bend the cable. structure that have damage.
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5. Inspection of the Cable Travel C. Visually examine the cable runs for breakpoint and extending along the cable run A. Make sure the cable guides and fairleads incorrect routing or twists in the cable. in both directions. have no worn or broken parts and that the D. The minimum clearance between the E. Make sure the cable moves freely parts are aligned, clean, and attached cable and the adjacent structure shall be 0.20 through its full travel, and does not contact correctly. inches. At pulley bracket locations, the structure, wire bundles, or tubing. B. Make sure the deflection angle at each minimum clearance is 0.10 inches for a 10 fairlead is not more than 3 degrees. inch distance, beginning at the cable BILLING CODE 4910±13±P
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Figure 1
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Figure 2
BILLING CODE 4910±13±C
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(b) For airplanes identified in Boeing improve the management of air traffic personnel concerned with this Service Bulletin 767–76–0010, Revision 1, operations in the State of Alaska and rulemaking will be filed in the docket. dated February 20, 1992: Within 18 months enhance safety. or 4,500 flight hours after the effective date Availability of NPRM’s of this AD, whichever occurs first, replace DATES: Comments must be received on or before May 26, 1999. Any person may obtain a copy of this the two non-metallic pulleys of the thrust NPRM by submitting a request to the control cable that are located in the leading ADDRESSES: Send comments on the edge of the wing adjacent to the left and right proposal in triplicate to: Manager, Air Federal Aviation Administration, Office engine strut with aluminum pulleys; and re- Traffic Division, AAL–500, Docket No. of Air Traffic Airspace Management, rig the thrust control cables; in accordance 98–AAL–26, Federal Aviation ATA–400, 800 Independence Avenue, with the service bulletin. Administration, 222 West 7th Avenue, SW., Washington, DC 20591, or by (c) An alternative method of compliance or #14, Anchorage, AK 99533. calling (202) 267–8783. adjustment of the compliance time that The official docket may be examined Communications must identify the provides an acceptable level of safety may be notice number of the NPRM. Persons used if approved by the Manager, Seattle in the Rules Docket, Office of the Chief Counsel, Room 915, 800 Independence interested in being placed on a mailing Aircraft Certification Office (ACO), FAA, list for future NPRM’s should call the Transport Airplane Directorate. Operators Avenue, SW., Washington DC, shall submit their requests through an weekdays, except Federal holidays, FAA’s Office of Rulemaking, (202) 267– appropriate FAA Principal Maintenance between 8:30 a.m. and 5:00 p.m. 9677 for a copy of Advisory Circular No. Inspector, who may add comments and then An informal docket may also be 11–2A, Notice of Proposed Rulemaking send it to the Manager, Seattle ACO. examined during normal business hours Distribution System, which describes Note 2: Information concerning the at the office of the Regional Air Traffic the application procedure. existence of approved alternative methods of Division. An electronic copy of this document compliance with this AD, if any, may be may be downloaded, using a modem FOR FURTHER INFORMATION CONTACT: obtained from the Seattle ACO. and suitable communications software, Joseph C. White, Airspace and Rules from the FAA regulations section of the (d) Special flight permits may be issued in Division, ATA–400, Office of Air Traffic accordance with sections 21.197 and 21.199 Fedworld electronic bulletin board Airspace Management, Federal Aviation of the Federal Aviation Regulations (14 CFR service (telephone: 703–321–3339) or Administration, 800 Independence 21.197 and 21.199) to operate the airplane to the Federal Register’s electronic Avenue, SW., Washington, DC 20591; a location where the requirements of this AD bulletin board service (telephone: 202– telephone: (202) 267–8783. can be accomplished. 512–1661). Issued in Renton, Washington, on April 7, SUPPLEMENTARY INFORMATION: Internet users may reach the FAA’s 1999. Comments Invited web page at http://www.faa.gov or the Darrell M. Pederson, Federal Register’s web page at http:// Interested parties are invited to Acting Manager, Transport Airplane www.access.gpo.gov/nara/ index.html participate in this proposed rulemaking Directorate, Aircraft Certification Service. for access to recently published by submitting such written data, views, [FR Doc. 99–9254 Filed 4–13–99; 8:45 am] rulemaking documents. BILLING CODE 4910±13±P or arguments as they may desire. Comments that provide the factual basis The Proposal supporting the views and suggestions The FAA is proposing an amendment DEPARTMENT OF TRANSPORTATION presented are particularly helpful in to 14 CFR part 71 (part 71) to modify developing reasoned regulatory five jet routes, three VOR Federal Federal Aviation Administration decisions on the proposal. Comments airways, and one colored Federal are specifically invited on the overall airway, and to revoke one jet route. 14 CFR Part 71 regulatory, aeronautical, economic, Specifically, jet routes J–111, J–115, J– [Airspace Docket No. 98±AAL±26] environmental, and energy-related 127, J–501, J–511, VOR Federal airways aspects of the proposal. V–319, V–453, V–456, and Colored RIN 2120±AA66 Communications should identify the Federal airway Green-8 would be airspace docket number and be Proposed Modification and Revocation modified, and J–814R would be submitted in triplicate to the address of Federal Airways; AK revoked. The FAA is proposing this listed above. Commenters wishing the action for the following reasons: AGENCY: Federal Aviation FAA to acknowledge receipt of their Segments of J–111 from Anchorage to Administration (FAA), DOT. comments on this notice must submit Middleton Island to the noncompulsory ACTION: Notice of proposed rulemaking with those comments a self-addressed, reporting point SNOUT overlap existing (NPRM). stamped postcard on which the J–804R segments and are not used. following statement is made: J–115 and Colored Federal airway SUMMARY: This action proposes to ‘‘Comments to Airspace Docket No. 98– Green-8 use ADAK NDB which will be modify five jet routes, three Very High AAL–26.’’ The postcard will be date/ decommissioned. The new NDB on Frequency Omnidirectional Range time stamped and returned to the ADAK Island will be named Mount (VOR) Federal airways, and one colored commenter. All communications Moffett NDB. Federal airway, and to revoke one jet received on or before the specified J–127, J–501, J–511, and J–814R route, located in the State of Alaska closing date for comments will be terminate at AUGIN, MIXER, ENCOR, (AK). The FAA is proposing this action considered before taking action on the and PANTT fixes which were once part for the following reasons: to realign the proposed rule. The proposal contained of the NOPAC ATS route structure and North Pacific (NOPAC) Air Traffic in this notice may be changed in light these fixes are no longer required for Service (ATS) route structure; to reflect of comments received. All comments ATC purposes. As a result, the FAA is the ADAK Nondirectional Radio Beacon submitted will be available for proposing to revise J–127, J–501, and J– (NDB), AK, decommissioning from the examination in the Rules Docket both 511 to reflect this change in route National Airspace System (NAS); and to before and after the closing date for structure, and to revoke J–814R as this resolve an aeronautical charting comments. A report summarizing each route is no longer needed for ATC discrepancy. Further, this action would substantive public contact with FAA purposes.
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V–319, and V–453 are being amended The Proposed Amendment Paragraph 6009(a)—Green Federal Airways by adding non-part 95 segments which * * * * * provide continuity and make it easier In consideration of the foregoing, the Green-8 [Revised] for the pilot to plan the flight and file Federal Aviation Administration the flight plan. The conversion of these proposes to amend 14 CFR part 71 as From Shemya, AK, NDB; 20 AGL, Mount non-part 95 segments would change follows: Moffet, NDB, AK; 20 AGL, Dutch Harbor, AK, NDB; 20 AGL, INT Dutch Harbor NDB 041° uncharted nonregulatory route segments PART 71ÐDESIGNATION OF CLASS A, and Elfee, AK, NDB 253° bearings; 20 AGL, to VOR Federal Airway segments, thus CLASS B, CLASS C, CLASS D, AND Elfee NDB; 20 AGL Saldo, AK, NDB; INT adding to the instrument flight rules ° CLASS E AIRSPACE AREAS; Saldo NDB 054 and Kachemak, AK, NDB (IFR) airway and route infrastructure in ° AIRWAYS; ROUTES; AND REPORTING 269 bearings; to Kachemak NDB. From Alaska. Also, pilots would be provided Campbell Lake, AK, NDB; Glenallen, AK, POINTS with minimum en route altitudes and NDB; INT Glenallen NDB 052° and Nabesna, AK NDB 252° bearings; Nabesna NDB. minimum obstruction clearance 1. The authority citation for part 71 altitudes information along the new continues to read as follows: * * * * * route segments, thereby enhancing Authority: 49 U.S.C. 106(g), 40103, 40113, Paragraph 6010(b)—Alaskan VOR Federal safety. Airways V–456 would be amended to correct 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. * * * * * a discrepancy with the victor airway and how it is depicted on the IFR § 71.1 [Amended] V–319 [Revised] Enroute L–3/L–4 Low Altitude—Alaska From Yakutat, AK, via Johnstone Point, Chart and the Kodiak Aeronautical 2. The incorporation by reference in AK; INT Johnstone Point 286° and Sectional Chart. The outbound radial 14 CFR 71.1 of Federal Aviation Anchorage, AK, 117° radials; Anchorage; from King Salmon is 032° on the Administration Order 7400.9F, Airspace Sparrevohn, AK; Bethel, AK; Hooper Bay, sectional chart and 033° on the enroute Designations and Reporting Points, AK; Nanwak, AK, NDB; to Kipnuk, AK. chart. The current legal description for dated September 10, 1998, and effective * * * * * September 16, 1998, is amended as V–456 includes an intersection (King V–453 [Revised] ° ° follows: Salmon 053 and Kenai 239 ) which From King Salmon, AK; Dillingham, AK; needs to be removed. This action would Paragraph 2004—Jet Routes INT Dillingham, AK 308° and Bethel, AK make the route segment a straight line * * * * * 143° radials; Bethel, AK; to Unalakleet, AK. and would not affect the fixes STREW, * * * * * BITOP, or COPPS on V–456. J–111 [Revised] Jet routes, green Federal airways, and From Nome, AK, via Unalakleet, AK; V–456 [Revised] Alaskan VOR Federal airways are McGrath, AK; Anchorage, AK. From Cold Bay, AK; King Salmon, AK; published in paragraph 2004, paragraph * * * * * Kenai, AK; Anchorage, AK; Big Lake, AK; Gulkana, AK; to Northway, AK. 6009(a), and paragraph 6010(b), J–115 [Revised] respectively, of FAA Order 7400.9F * * * * * dated September 10, 1998, and effective From Shemya, AK, NDB; Mount Moffett, AK, NDB; Dutch Harbor, AK, NDB; Cold Bay, Issued in Washington, DC, April 6, 1999. September 16, 1998, which is AK; King Salmon, AK; INT King Salmon 053° Reginald C. Matthews, incorporated by reference in 14 CFR and Kenai, AK, 239° radials; Kenai; Acting Program Director for Air Traffic 71.1. The jet routes, green Federal Anchorage, AK; Fairbanks, AK; Chandalar, Airspace Management. airway, and Alaskan VOR Federal AK, NDB; to Deadhorse, AK. [FR Doc. 99–9298 Filed 4–13–99; 8:45 am] airways listed in this document would * * * * * be published subsequently in the Order. BILLING CODE 4910±13±P The FAA has determined that this J–127 [Revised] regulation only involves an established From King Salmon, AK; to INT King body of technical regulations for which Salmon 042° and Anchorage, AK, 246° SECURITIES AND EXCHANGE frequent and routine amendments are radials. COMMISSION * * * * * necessary to keep them operationally 17 CFR Part 240 current. Therefore, this proposed action: J–501 [Revised] (1) is not a ‘‘significant regulatory [Release No. 34±41261; File No. S7±5±99] From San Marcus, CA, via Big Sur, CA; action’’ under Executive Order 12866; Point Reyes, CA, via Rogue Valley, OR; RIN 3235±AH40 (2) is not a ‘‘significant rule’’ under DOT Hoquiam, WA; INT Hoquiam 354° and Regulatory Policies and Procedures (44 Tatoosh, WA, 162° radials; Tatoosh; Cape Publication or Submission of FR 11034; February 26, 1979); and (3) Scott, BC, Canada, NDB; Sandspit, BC, Quotations Without Specified does not warrant preparation of a Canada; Biorka Island, AK; Yakutat, AK; Information regulatory evaluation as the anticipated Johnstone Point, AK; Anchorage, AK; impact is so minimal. Since this is a Sparrevohn, AK; Bethel, AK; excluding the AGENCY: Securities and Exchange routine matter that will only affect air airspace within Canada. Commission. traffic procedures and air navigation, it * * * * * ACTION: Reproposed rule; extension of is certified that this rule, when J–511 [Revised] comment period. promulgated, will not have a significant From Dillingham, AK; Anchorage, AK; Big SUMMARY: economic impact on a substantial Lake, AK; Gulkana, AK; to Burwash Landing, The Securities and Exchange number of small entities under the YT, Canada, NDB, excluding the portion Commission is extending the comment criteria of the Regulatory Flexibility Act. which lies over Canadian territory. period for a release reproposing amendments to Rule 15c2–11 under the List of Subjects in 14 CFR Part 71 * * * * * Securities Exchange Act of 1934 Airspace, Incorporation by reference, J–814R [Revoked] (Release No. 34-41110) which was Navigation (air). * * * * * published in the Federal Register on
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March 8, 1999 (64 FR 11124). Rule DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: 15c2–11 governs the publication of Bonnie VanPelt, Fishery Management quotations for securities in a quotation National Oceanic and Atmospheric Specialist, 978–281–9244. medium other than a national securities Administration SUPPLEMENTARY INFORMATION: The Maine exchange or Nasdaq. The comment Department of Marine Resources 50 CFR Parts 600 and 648 period for Release No. 34–41110 is (MEDMR) submitted an application to being extended to May 8, 1999. continue the experimental whiting [I.D. 040599D] separator trawl fishery (Separator Trawl DATES: Comments must be received on Fishery) in the Small Mesh Northern Magnuson-Stevens Act Provisions; or before May 8, 1999. Shrimp Area, a portion of the Gulf of General Provisions for Domestic Maine/Georges Bank Regulated Mesh ADDRESSES: Comments should be Fisheries; Applications for Exempted Area. This will provide an additional submitted in triplicate to Jonathan G. Fishing Permits (EFPs) Katz, Secretary, Securities and Exchange opportunity to collect information on Commission, 450 Fifth Street, NW, AGENCY: National Marine Fisheries the effectiveness of the separator grate Washington, DC 20549–0609. Service (NMFS), National Oceanic and in an effort to show that the separator Comments may also be submitted Atmospheric Administration (NOAA), trawl fishery could be a low bycatch electronically at the following E-mail Commerce. fishery. Although this would be the fifth consecutive year of the experiment, data address: [email protected]. All ACTION: Notification of experimental comment letters should refer to File No. from previous years are sparse and fishery proposals; request for comments. inclusive, due in part to the fact that the S7–5–99. All comments received will be whiting failed to school in the available for public inspection and SUMMARY: NMFS announces that the Regional Administrator, Northeast experimental fishery areas and market copying in the Commission’s Public value of whiting declined. As a result, Reference Room, 450 Fifth Street, NW, Region, NMFS (Regional Administrator), is considering approval of the Gulf of there was limited activity in the Washington, DC 20549. Electronically experimental fishery in 1998. Therefore, submitted comment letters will be Maine Separator Trawl Whiting Fishery (Separator Trawl Fishery) and proposed in order to gather sufficient data on the posted on the Commission’s Internet separator grate’s ability to reduce website (http://www.sec.gov). supplemental gear testing experiment to enable vessels to conduct operations bycatch of regulated species consistent FOR FURTHER INFORMATION CONTACT: Any otherwise restricted by regulations with the requirement of an exempted of the following attorneys in the governing the Northeastern Multispecies fishery, as well as to determine whether Division of Market Regulation, Fishery. The experimental fisheries the fishery as a whole can reach its Securities and Exchange Commission, would allow commercial vessels to fish economic potential, a continuation of 450 Fifth Street, NW, Washington, DC for, retain, and land silver hake the experiment is necessary. Participants in the Separator Trawl 20549–1001, at (202) 942–0772: James (whiting) with mesh smaller than Fishery will be required to elect either A. Brigagliano, Florence E. Harmon, currently allowed in a portion of the a food fishery or bait fishery component Jerome J. Roche, or Thomas D. Eidt. Gulf of Maine/Georges Bank Regulated Mesh Area. These experiments would designation: Food fishery enrollment SUPPLEMENTARY INFORMATION: On continue investigations designed to includes an allowance for landing February 25, 1999, the Commission demonstrate the effectiveness of a whiting at the dock only, while bait issued Release No. 34–41110 soliciting bycatch reduction device (separator fishery enrollment allows for at-sea comment on reproposed amendments to grate) assembled on small-mesh silver utilization of whiting and transfer of Rule 15c2–11. Rule 15c2–11 governs the hake (whiting) trawls. It is anticipated whiting catch at sea under a special publication of quotations for securities that participation level would be authorization. Program participants may in a quotation medium other than a dictated by two interrelated factors: designate only one fishery component at national securities exchange or Nasdaq. Market value of whiting at the dock and a time for a minimum enrollment of 7 The Commission originally requested the availability of the whiting at sea. days. that comments on this reproposal be Approximately 60 vessels were A participants list will be compiled received by April 7, 1999. The authorized to participate in last year’s by the MEDMR based on a trends analysis of historical enrollment in Commission has recently received experiment from July 1 - November 30, recent years. Further limitations on several requests to extend the comment 1998, although enrollment periods participation may be necessary period and believes that extending the fluctuated due to the factors identified here. Regulations implementing the depending on consistency in reporting comment period is appropriate in order or logbook compliance issues identified to give the public additional time to Magnuson-Stevens Fishery Conservation and Management Act through the NMFS review process. comment on the matters addressed by As part of the same request, the the release. Therefore, the Commission require publication of this notification to provide interested parties the MEDMR also requested a supplemental is extending the comment period to May gear testing experiment to support the 8, 1999, for Release No. 34–41110 opportunity to comment on the proposed experimental fisheries. objectives of the Separator Trawl (Publication or Submission of Fishery. Proposed modifications of the Quotations Without Specified DATES: Comments on this notice must be current gear include two increased bar Information). received by April 29, 1999. spacings on the separator grate and two Dated: April 8, 1999. ADDRESSES: Comments should be sent to increased codend mesh sizes along with By the Commission. Jon Rittgers, Acting Regional the addition of a raised footrope Administrator, NMFS, Northeast configuration on the otter trawl. The Margaret H. McFarland, Regional Office, 1 Blackburn Drive, gear testing experiment may reveal Deputy Secretary. Gloucester, MA 01930. Mark on the modifications in trawl gear and grate [FR Doc. 99–9242 Filed 4–13–99; 8:45 am] outside of the envelope ‘‘Comments on configuration that would be more BILLING CODE 8010±01±P Proposed Experimental Fisheries.’’ effective in reducing bycatch and more
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Requests for may be landed as lesser amberjack or conditions stated therein, and will copies of the FMP, which includes an banded rudderfish, species that are exempt vessels from the mesh size, Environmental Assessment and a currently unregulated. Therefore, the days-at-sea, and other gear restrictions Regulatory Impact Review, should be Council believes that additional of the Northeast Multispecies Fishery sent to the Gulf of Mexico Fishery protection for juvenile greater amberjack Management Plan. Management Council (Council), The is warranted. The intent of Amendment Authority: 16 U.S.C. 1801 et seq. Commons at Rivergate, 3018 U.S. 16B is to reduce the harvest of Dated: April 8, 1999. Highway 301 North, Suite 1000, Tampa, misidentified juvenile greater amberjack Gary C. Matlock, FL 33619–2266; Phone: 813–228–2815; by limiting the harvest of these minor fax: 813–225–7015. Director, Office of Sustainable Fisheries, amberjack species. The word ‘‘minor’’ National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Dr. used by the Council in Amendment 16B [FR Doc. 99–9313 Filed 4–13–99; 8:45 am] Roy E. Crabtree, 727-570-5305, fax 727– is not intended to reflect on the BILLING CODE 3510±22±F 570–5583. significance of these measures; instead SUPPLEMENTARY INFORMATION: The it refers to the species banded Magnuson-Stevens Fishery rudderfish and lesser amberjack. DEPARTMENT OF COMMERCE Conservation and Management Act In Reef Fish Amendment 12 the (Magnuson-Stevens Act), as amended by National Oceanic and Atmospheric Council proposed to apply an aggregate the Sustainable Fisheries Act, requires Administration bag limit and a minimum size limit of each Regional Fishery Management 28 inches (71.1 cm) to greater 50 CFR Part 622 Council to submit any FMP or amberjack, lesser amberjack, and amendment to NMFS for review and banded rudderfish. These proposed [I.D. 033199C] approval, disapproval, or partial actions would have effectively approval. The Magnuson-Stevens Act eliminated the recreational harvest of RIN 0648±AM15 also requires that NMFS, upon receiving banded rudderfish and lesser amberjack a FMP or amendment, immediately because these species rarely, if ever, Fisheries of the Gulf of Mexico; publish a document in the Federal reach 28 inches (71.1 cm). The Council Amendment 16B to the Fishery Register stating that the FMP or did not present this aspect of the Management Plan (FMP) for the Reef amendment is available for public measure as a deliberate, direct Fish Resources of the Gulf of Mexico review and comment. (Amendment 16B) allocation; however, the effect of the Amendment 16B would authorize measure would have been to shift the AGENCY: more conservative bag and size limits National Marine Fisheries allocation of these species from Service (NMFS), National Oceanic and for several reef fish species and improve principally recreational to entirely Atmospheric Administration (NOAA), consistency with Florida state commercial. Therefore, this aspect of Commerce. regulations, thereby improving the measure would have operated as the ACTION: Notice of availability of enforcement. Fish trap phase-out measures that were the subject of public functional equivalent of a direct Amendment 16B to the FMP for the reef allocation, and NMFS considered this fish resources of the Gulf of Mexico; hearings as part of draft Amendment 16, allocation unfair and inequitable. request for comments. and approved by the Council, were included in Amendment 16A, which Accordingly, NMFS disapproved this SUMMARY: Amendment 16B would was partially approved by NMFS on portion of Amendment 12 based on authorize size limits for banded March 18, 1999. national standard 4 of the Magnuson- rudderfish, lesser amberjack, cubera Stevens Act, which requires that Minor Amberjack Measures snapper, dog snapper, mahogany allocations of fishing privilege be fair snapper, mutton snapper, schoolmaster, A 1996 NMFS stock assessment and equitable to all fishermen. scamp, gray triggerfish, and hogfish; suggests that the number of young Amendment 16B would authorize exclude banded rudderfish, lesser greater amberjack has decreased steadily new bag and size limits that should amberjack, dwarf sand perch, sand since 1991. In addition, anecdotal reduce the harvest of banded rudderfish, perch, and hogfish from the 20–fish information from anglers along Florida’s lesser amberjack, and misidentified aggregate (combined) reef fish bag limit; Gulf coast suggests that greater greater amberjack while continuing to authorize new bag limits for hogfish, amberjack have decreased in size and allow a limited recreational harvest. speckled hind, warsaw grouper, and for abundance in recent years. In response Amendment 16B would authorize: (1) banded rudderfish and lesser amberjack to this information, the Council combined; remove queen triggerfish developed Amendment 12 to the Reef Establishment of a ‘‘slot limit’’ of 14 from the Reef Fish FMP and authorize Fish FMP, which established a 1–fish inches (35.6 cm) (minimum) to 22 removal from the applicable regulations; bag limit for greater amberjack, and inches (55.9 cm) (maximum) fork length and eliminate the distinction between Amendment 15 to the FMP, which for the commercial and recreational species in the management unit and established a seasonal closure of the harvest of banded rudderfish and lesser species in the fishery, but not included commercial fishery. Greater amberjack amberjack; and (2) establishment of a 5– in the management unit. The intended are also subject to minimum size limits fish aggregate bag limit for banded effect of Amendment 16B is to conserve of 28 inches (71.1 cm) fork length for the rudderfish and lesser amberjack and and manage the reef fish resources of recreational fishery and 36 inches (91.4 exclude both species from the 20–fish the Gulf of Mexico. cm) for the commercial fishery. aggregate reef fish bag limit.
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Species Not Listed in the Management information that formed the basis for 16B would authorize the establishment Unit Florida’s regulations. Although limited, of a recreational bag limit of one Since its inception, the FMP has the best scientific information available speckled hind and one warsaw grouper included two lists of reef fishes: One of to the Council, and the precautionary per vessel. These new restrictions species in the management unit and approach to fisheries management, would also prohibit the sale of these another of species in the fishery, but not indicate a need for greater protection for species by the recreational sector included in the management unit. The these species. The Council concluded because the FMP and existing designation of species in the fishery, but that bag and size limits compatible with regulations prohibit the sale of reef fish not included in the management unit Florida’s would be the most effective subject to bag limits. The commercial was originally intended for data means of achieving greater protection, harvest of warsaw grouper and speckled collection purposes only; however, the because compatible regulations would hind would continue and be limited by existence of two lists has created facilitate compliance and enforcement. the deep-water grouper quota. The confusion regarding which species are Furthermore, the Council states that Council believes that because warsaw subject to regulations. Amendment 16B with the possible exception of gray grouper and speckled hind are usually would eliminate the distinction in the triggerfish, Florida accounts for most of caught in relatively deep water, the FMP between these two lists and create the recreational and commercial mortality rate of released fish is high; a single list of ‘‘species in the reef fish landings of these species. The proposed consequently, closure of the fishery FMP,’’ which identifies the reef fish minimum size limit for gray triggerfish would provide little additional management unit. There are only four is based on a 1995 NMFS stock protection. Furthermore, the Council reef fish species that are ‘‘species in the assessment, and, thus, it is an states that commercial vessels do not fishery but not in the management appropriate measure to extend target these species, and since the intent unit’’–sand perch, dwarf sand perch, throughout the Gulf EEZ. is to eliminate targeting of these species, queen triggerfish, and hogfish. Amendment 16B would authorize the additional restrictions on the Amendment 16B would include establishment of the following commercial fishery are not needed. hogfish, dwarf sand perch, and sand minimum size limits: cubera snapper A proposed rule to implement perch in the management unit and (12 inches (30.5 cm), total length (TL)), Amendment 16B has been completed. In remove queen triggerfish from the FMP. dog snapper (12 inches (30.5 cm), TL), accordance with the Magnuson-Stevens Amendment 16B would authorize mahogany snapper (12 inches (30.5 cm), Act, NMFS is evaluating the proposed removal of queen triggerfish from the TL), schoolmaster (12 inches (30.5 cm), rule to determine whether it is regulations implementing the FMP, and TL), mutton snapper (16 inches (40.6 consistent with the FMP, the Magnuson- thus allow Florida to regulate vessels cm), TL), scamp (16 inches (40.6 cm), Stevens Act, and other applicable law. registered in the State of Florida and TL), gray triggerfish (12 inches 30.5 cm), If that determination is affirmative, fishing for that species in the exclusive TL), and hogfish (12 inches (30.5 cm), NMFS will publish that finding in the economic zone (EEZ) under that state’s fork length). In addition, Amendment Federal Register for public review and more conservative management 16B would authorize the establishment comment. measures. Although queen triggerfish of a 5–fish bag limit for hogfish, exclude Comments received by June 14, 1999, occur rarely or occasionally throughout hogfish from the 20–fish aggregate reef whether specifically directed to the Gulf of Mexico, they are abundant fish bag limit, and clarify that sand Amendment 16B or the proposed rule, only off Florida and are seldom landed perch and dwarf sand perch are will be considered by NMFS in its outside Florida. excluded from the 20–fish aggregate bag decision to approve, disapprove, or limit. Sand perch and dwarf sand perch partially approve the FMP. Comments Florida Compatible Size and Bag Limits are often used as bait, and there is no received after that date will not be Florida has established bag limits and evidence to suggest their stocks are in considered by NMFS in this decision. size limits for several reef fish species need of management. All comments received by NMFS on for which there are either no Speckled Hind and Warsaw Grouper Amendment 16B or the proposed rule corresponding limits in the EEZ, or for during their respective comment which the Federal limits differ from the The NMFS Office of Protected periods will be addressed in the final state limits. In response to a request Resources has added speckled hind and rule. from the Florida Marine Fisheries warsaw grouper to the list of candidates Authority: 16 U.S.C. 1801 et seq. Commission (FMFC) that the Council for possible listing as threatened or consider implementing size and bag endangered under the Endangered Dated: April 8, 1999. limits consistent with those in Florida Species Act. Candidate status does not Gary C. Matlock, state waters, the Council proposes new afford any specific level of additional Director, Office of Sustainable Fisheries, compatible bag and size limits. In a protection for a species, but it does National Marine Fisheries Service. November 3, 1994, letter the FMFC reflect a significant level of concern [FR Doc. 99–9314 Filed 4–13–99; 8:45 am] provided to the Council biological regarding a species’ status. Amendment BILLING CODE 3510±22±F
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Notices Federal Register Vol. 64, No. 71
Wednesday, April 14, 1999
This section of the FEDERAL REGISTER Marketing Service (AMS) administers more closely resemble those of a contains documents other than rules or and enforces the PACA. partnership. The LLC owners are often proposed rules that are applicable to the Any person who buys or sells referred to as members, and member- public. Notices of hearings and investigations, commercial quantities of fruits and managers may be designated. committee meetings, agency decisions and vegetables in interstate or foreign Membership requirements in an LLC rulings, delegations of authority, filing of petitions and applications and agency commerce must be licensed under the can be determined by the members; for statements of organization and functions are PACA. Under the Act, the term example, members may join through examples of documents appearing in this ‘‘person’’ means any individual, financial contributions or through the section. partnership, corporation, association, or performance of services. separate legal entity. 7 U.S.C. 499a(b)(1); In general, state LLC statutes require 7 CFR 46.2(i). Separate licenses are the filing of documentation similar to DEPARTMENT OF AGRICULTURE required for each person. A person is articles of incorporation, sometimes designated as ‘‘responsibly connected’’ called articles of organization. In Agricultural Marketing Service with a firm under the PACA if that addition, an operating agreement is person is affiliated as an owner, as a entered into which usually designates [Docket No. FV99±360] partner in a partnership, or as an officer, who has the authority to run the LLC director or holder of more than 10 company. This operating agreement Information About Recognizing percent of the outstanding stock of a usually details the process to be Limited Liability Companies Under the corporation or association. 7 U.S.C. followed in choosing the manager(s) and Perishable Agricultural Commodities 499a(b)(9); 7 CFR 46.2(ff). In the event sets forth the manager(s)’ authority and Act (PACA) that a licensee is found to have violated the authority retained by the members. the Act and USDA suspends or revokes The manager(s) is often, but not always, AGENCY: Agricultural Marketing Service, the firm’s license, then the licensee and a member of the LLC. Specific USDA. its ‘‘responsibly connected’’ principals requirements vary by state. ACTION: Notice. face PACA licensing and employment Because of the unique composite SUMMARY: This document provides restrictions which may include the nature of the LLC, an LLC’s members are notice to the public that it is USDA denial of a license, a prohibition on analogous to partners in a partnership, policy to recognize a limited liability employment with another PACA while managers, who are not always company (LLC) as a legal entity under licensee, or the requirement that a bond members, may be analogous to corporate the Perishable Agricultural be posted as a prerequisite to licensing officers, depending on the manager’s Commodities Act (PACA), and that any or employment in the fruit and responsibilities as set out by the LLC’s member of an LLC, and/or any other vegetable industry. 7 U.S.C. 499h. operating agreement. Therefore, it is person authorized by the members to Although the PACA and PACA USDA’s policy that all LLC members, conduct business on behalf of an LLC, regulations do not specifically list the regardless of the member’s financial may be considered to be ‘‘responsibly LLC as a ‘‘person,’’ it is USDA policy to contribution, are ‘‘responsibly connected’’ with the LLC. recognize an LLC as a separate legal connected’’ persons under the PACA, entity, just as LLCs are recognized in just as all partners are ‘‘responsibly DATES: April 14, 1999. most states, subject to licensing under connected’’ with a partnership. In ADDITIONAL INFORMATION: Contact the PACA regulations. This notice addition, any person(s), whether or not Charles W. Parrott, Assistant Chief, provides information about how AMS a member, who is authorized by the LLC PACA Branch, Fruit and Vegetable handles LLCs under the PACA, to be in charge of the daily business Division, AMS, USDA, Room 2095–So. especially with regard to the licensing of operations, management, and control of Bldg., P.O. Box 96456, Washington, DC LLCs and the responsibly connected the LLC, may be considered responsibly 20090–6456. Email— status of LLC members. connected to the LLC by USDA, just as [email protected]. This notice An LLC may be described as a cross officers in a corporation are under the will also be posted on the Internet at between a partnership and a PACA. The determination of whether a www.ams.usda.gov/fv/paca.htm. corporation. This hybrid business person other than a member is SUPPLEMENTARY INFORMATION: The structure is now available to businesses ‘‘responsibly connected’’ will depend Perishable Agricultural Commodities in most states. The personal liability upon the terms of the LLC’s operating Act (PACA) establishes a code of fair protection afforded by the LLC is similar agreement. These agreements are similar trade practices covering the marketing to that of a corporation. For example, to a partnership agreement or corporate of fresh and frozen fruits and vegetables the members are insulated from liability bylaws which outline who is in charge in interstate and foreign commerce. The arising solely from being a member but of the business’ daily operations. Those PACA protects growers, shippers, are not insulated from liability for the persons whom the LLC authorizes to be distributors, and retailers dealing in acts of the LLC which violate any laws in charge of the day-to-day operation, those commodities by prohibiting unfair or regulations. Liability issues may vary management and control of the LLC’s and fraudulent practices. In this way, somewhat according to state law and the daily business activities may include, the law fosters an efficient nationwide LLC’s organizational agreement. but are not limited to, those with the distribution system for fresh and frozen Although an LLC affords personal titles of managers, officers, and/or fruits and vegetables, benefitting the liability protection to its owners that is directors. whole marketing chain from farmer to similar to that of a corporation, the An LLC members’ ownership in the consumer. USDA’s Agricultural ownership characteristics of an LLC company closely resembles a
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.075 pfrm02 PsN: 14APN1 18398 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices partnership. Therefore, all LLC Agricultural Research Service, intends of the people who live and work along members, including corporations or to grant to Protein Scientific, Inc./The the Interstate-90 (I–90) corridor, within other entities, must be identified on the Protein Group, of Portland, Maine, an and in proximity to, the Mt. Baker- firm’s PACA license application. If a exclusive license to U.S. Patent No. Snoqualmie and Wenatchee National member is a corporation or other legal 5,071,763 issued on December 10, 1991, Forests. Respondents will include entity, more information, such as the and the Divisional U.S. Patent No. wildlife, silviculture, timber, land names of officers of the corporation or 5,198,351 issued on March 30, 1993, planning, wildland conservation, other data, will be required by AMS. both entitled ‘‘Lactose Hydrolysis by business, and development PACA license applications submitted by Mutant Streptococcus thermophilus.’’ professionals, biologists, and residents LLCs should include organizational Notice of availability for U.S. Patent No. along the I–90 corridor. information about the company, 5,071,763 was published in the Federal DATES: Comments must be received in including, but not limited to, Register on January 23, 1992, and notice writing on or before June 14, 1999. of availability for U.S. Patent No. documentation filed with the state in ADDRESSES: All comments should be which the LLC is legally established, 5,198,351 was published in the Federal addressed to Linda Kruger, Research such as its articles of organization and Register on December 17, 1991. Social Scientist, Seattle Forestry its operating agreement. Only one DATES: Comments must be received by Sciences Laboratory, Forest Service, member’s signature is required to make June 14, 1999. USDA, 4043 Roosevelt Way NE, Seattle, a valid PACA application. In addition, ADDRESSES: Send comments to: USDA, Washington 98105 or email lkruger/ just as is required of other legal entities, ARS, Office of Technology Transfer, [email protected]. if the articles of organization or the 5601 Sunnyside Avenue, Room 4–1158, FOR FURTHER INFORMATION CONTACT: operating agreements change, the LLC Beltsville, Maryland 20705–5131. Linda Kruger, Seattle Forestry Sciences should notify AMS’ PACA Branch as FOR FURTHER INFORMATION CONTACT: June Laboratory, at (206) 553–7817. soon as possible and the LLC should Blalock of the Office of Technology SUPPLEMENTARY INFORMATION: submit revised documents to the PACA Transfer at the Beltsville address given Branch. above; telephone: 301–504–5989. Background The LLC business structure has SUPPLEMENTARY INFORMATION: The The Mt. Baker-Snoqualmie and become widely accepted throughout the Federal Government’s patent rights to Wenatchee National Forests are in close United States as a new legal entity. AMS this invention are assigned to the United proximity to the large, rapidly is hereby providing notice to all current States of America, as represented by the expanding Seattle, Washington, area. and future licensees that certain Secretary of Agriculture. It is in the Urban residents and businesses are information is required in order to public interest to so license this making more demands on nearby obtain a license as an LLC under the invention as Protein Scientific, has National Forest lands. Many urban PACA. In addition, notice is given to all submitted a complete and sufficient residents in this metropolitan area are LLC members that they are presumed to application for a license. The moving to rural communities or forested be ‘‘responsibly connected’’ persons and prospective exclusive license will be housing developments in an attempt to to all LLC managers, who are not also royalty-bearing and will comply with enjoy the natural environment of the members, that they are potentially the terms and conditions of 35 U.S.C. Pacific Northwest, while maintaining ‘‘responsibly connected’’ persons. The 209 and 37 CFR 404.7. The prospective access to a vibrant urban center. ‘‘responsibly connected’’ status of LLC exclusive license may be granted unless, Multiple interests, such as recreation, managers will be determined on a case- by June 14, 1999, the Agricultural tourism, housing, access to a vibrant by-case basis, depending upon the terms Research Service receives written urban center. Multiple interests, such as of the LLC’s operating agreement and evidence and argument which recreation, tourism, housing, private- the ways in which the person’s status is establishes that the grant of the license sector businesses, timber, wildlife, and analogous to that of an officer, director would not be consistent with the conservation are competing for use, or shareholder of a corporation. requirements of 35 U.S.C. 209 and 37 within and in proximity to, the Mt. Therefore, both members and managers CFR 404.7. Baker-Snoqualmie and Wenatchee may be subject to PACA sanctions if the Richard M. Parry, Jr., National Forests along the Washington Act is violated by the LLC. Assistant Administrator. State I–90 corridor. This competition Dated: April 6, 1999 [FR Doc. 99–9263 Filed 4–13–99; 8:45 am] and increased demand have already Robert C. Keeney, BILLING CODE 3410±03±P resulted in new ski resorts, recreational Deputy Administrator, Fruit and Vegetable facilities, shopping malls, increased Programs. resistance to timber harvesting, and [FR Doc. 99–8975 Filed 4–13–99; 8:45 am] DEPARTMENT OF AGRICULTURE heavier traffic and congestion. BILLING CODE 3410±02±U Data from this information collection Forest Service will be considered when revising land and resource management plans and Information Collection; Request for DEPARTMENT OF AGRICULTURE will help the Forest Service meet Comments; Public Perceptions of Land multiple-use land management needs of Use Change Agricultural Research Service the Mt. Baker-Snoqualmie and AGENCY: Wenatchee National Forest lands in Notice of Intent To Grant Exclusive Forest Service, USDA. close proximity to the Washington State License ACTION: Notice. I–90 corridor. AGENCY: Agricultural Research Service, SUMMARY: In accordance with the Description of Information Collection USDA. Paperwork Reduction Act of 1995, the ACTION: Notice of intent. Forest Service announces its intent to The following describes the new establish a new information collection. information collection: SUMMARY: Notice is hereby given that The new collection will help the Forest Title: Public Perceptions of Land Use the U.S. Department of Agriculture, Service meet the needs and expectations Change.
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OMB Number: New. of these lands, their attitudes toward SUMMARY: The USDA, Forest Service, Expiration Date of Approval: New. changes in the use of these lands, their will prepare an environmental impact Type of Request: The following ethnic and economic background, their statement (EIS) for a variety of describes a new information collection education level, their name, and their connected resource projects within the requirement and has not received address. Lemolo watershed planning area of the approval by the Office of Management Data gathered in this information Diamond Lake Ranger District. These and Budget. collection is not available from other Abstract: The data in this information projects were developed according to sources. direction in the Umpqua National Forest collection will be used to identify the Estimate of Burden: 30 minutes. range of perceptions, concerns, and Type of Respondents: Respondents Plan, as amended, and in response to attitudes the public has toward changes will include wildlife, silviculture, recommendations in the Diamond Lake/ in land use along the Washington State timber, land planning, wildland Lemolo Lake Watershed Analysis. They I–90 corridor within and in close conservation, business and development are intended to restore, to the extent proximity to the Mt. Baker-Snoqualmie professionals, biologists, and residents possible, the desired vegetation patterns and Wenatchee National Forests. The along the I–90 corridor. in the planning area by approximating data also will be used to identify the Estimated Number of Respondents: natural disturbance processes while characteristics about the I–90 corridor 1000. providing economic benefits to the local that the respondents value most; to Estimated Number of Responses per economy. The projects being proposed explore the differences in opinion of Respondent: 1. include several timber sales, the various groups on how to use National Estimated Total Annual Burden on construction of temporary and system Forest and adjacent land; and to Respondents: 500 hours. roads, site preparation, planting, the ascertain the perceptions that the Comment Is Invited burning of natural fuels, road decommissioning, and soil restoration. diverse group of respondents has The agency invites comments on: (a) These projects are proposed for regarding the Forest Service’s land Whether the proposed collection of implementation in the year 2000 and management practices and policies. information is necessary for the proper Additionally, the data will be used for performance of the functions of the 2001. The planning area is located amendments and revisions of forest agency, including whether the approximately 80 miles east of plans, as well as in assessing proposed information will have practical utility; Roseburg, Oregon. The agency gives National Forest projects and activities. (b) the accuracy of this agency’s notice of the full environmental analysis Respondents include wildlife, estimate of the burden of the proposed and decision-making process that will silviculture, timber, land planning, collection of information, including the occur on the proposal so that interested wildland conservation, business and validity of the methodology and and affected people may become aware development professionals, biologists, assumptions used; (c) ways to enhance of how they can participate in the and residents along the I–90 corridor. the quality, utility, and clarity or the process and contribute to the final The Forest Service will provide data decision. from this information collection to other information to be collected; and (d) agencies and organizations, such as city ways to minimize the burden of the DATES: Comments concerning the scope and county planning commissions, the collection of information on of the analysis should be received in Washington Department of Natural respondents, including the use of writing by May 21, 1999. Resources, and the Mountains to Sound automated, electronic, mechanical, or other technological collection ADDRESSES: Send written comments and Greenway Trust (a non-profit Seattle- suggestions concerning this proposal to based organization working to create a techniques or other forms of information technology. J. Dan Schindler, District Ranger, greenbelt along the I–90 corridor from Diamond Lake Ranger District, 2020 Seattle to Ellensburg). The results of the Use of Comments Toketee Ranger Station RD, Roseburg, study also will be available to the All comments received in response to Oregon 97447–9704. participants upon request and will be this notice, including name and address FOR FURTHER INFORMATION CONTACT: published in community newspapers when provided, will be summarized and Direct questions about the proposed and organization newsletters. included in the request for Office of The Forest Service Pacific Northwest action, or EIS to Pat Williams, ID Team Management and Budget approval. All Research Station, People and Natural comments will also become a matter of Leader/Timber Sale Planner, Diamond Resources Program has entered into a public record. Lake Ranger District, 2020 Toketee cooperative agreement with the Ranger Station RD, Idleyld Park, Oregon University of Washington to facilitate Dated: April 5, 1999. 97447–9704, or (541) 498–2531. the collection of information. University Robert Lewis, Jr., SUPPLEMENTARY INFORMATION: The area of Washington staff, in collaboration Acting Associate Chief. with Forest Service Pacific Northwest being analyzed in the Lemolo [FR Doc. 99–9335 Filed 4–13–99; 8:45 am] Watershed Projects EIS encompasses Research Station staff, will write and BILLING CODE 3410±11±P administer the survey and analyze the approximately 71,800 acres of National survey results. Forest land on the Diamond Lake Respondents will be selected in such DEPARTMENT OF AGRICULTURE Ranger District. The planning area a way as to help ensure representation include all or portions of sections 24 from all interested groups. Forest Service through 28 and 33 through 36, T25S, University of Washington staff, along R51⁄2E; sections 30, 31 and 32, T25S, with Forest Service staff, will ask Lemolo Watershed Projects, Diamond R6E; sections 32 through 36, T251⁄2S, respondents to complete a survey Lake Ranger District, Umpqua National R6E; sections 31, 32 and 33, T251⁄2S, assessing their concerns about changes Forest, Douglas County, Oregon R61⁄2E; sections 10 through 15, 22 in how to use National Forest and through 25 and 36, T26S, R5E; sections AGENCY: Forest Service, USDA. adjacent land along the Washington 1 through 36, T26S, R6E; sections 4 ACTION: Notice of intent to prepare an State I–90 corridor, their familiarity through 9, 15 through 21 and 27 through environmental impact statement. with the issues related to changes in use 35, T26S, R61⁄2E;
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First, County, Oregon. permanent helicopter landings, the reviewers of a draft EIS must structure This proposal is based on the need to expansion of an existing rock pit by two their participation in the environmental achieve several objectives for matrix acres, and the burning of natural fuels review of the proposal so that it is lands within Management Areas 5 and on approximately 530 acres. Some of the meaningful and alerts an agency to the 10 of the planning area. These objectives areas prescribed for harvest will require reviewer’s position and contentions. are described in the 1990 Umpqua a helicopter yarding system, others will Vermont Yankee Nuclear Power Corps. National Forest Land and Resource require a skyline yarding system, and v. NRDC, 435 U.S. 519, 553 (1978). Also, Management Plan (LRMP) and page B– others can be harvested with ground- environmental objections that could 1 of the Record of Decision (ROD) for based equipment. The 1,670 acres have been raised at the draft stage may Amendments to Forest Service and proposed for harvest are estimated to be waived or dismissed by the court if Bureau of Land Management Planning yield 31.0 million board feet of timber. not raised until after completion of the Documents Within the Range of the To put this estimated yield in a final EIS. City of Angoon v. Hodel, 803 Northern Spotted Owl. The focus for perspective that is easier to visualize, f.2d 1016, 1022 (9th Cir, 1986) and Management Area 5 is managing the the lumber derived from this proposal Wisconsin Heritages, Inc. v. Harris, 490 Oregon Cascades Recreation Area could build approximately 3,100 low- F. Supp. 1334, 1338 (E.D. Wis. 1980). (OCRA) consistent with the intent of the income family dwellings and provide Because of these court rulings, it is very Oregon Wilderness Act. Toward this other wood products, such as chips and important that those interested in this end, the proposed action includes the fiber, for the regional economy. proposed action participate by the close decommissioning of approximately two As part of the analysis process under of the 45-day comment period so miles of roads in the OCRA. The focus the National Environmental Policy Act, substantive comments and objections of Management Area 10 is the supply of the Umpqua National Forest has begun are made available to the Forest Service timber to local and regional economies the scoping process for this project. at a time when it can meaningfully on a cost efficient, sustainable basis. Preliminary issues identified to date consider and respond to them in the The ROD states that the production of include the following: final EIS. timber and other commodities is an • Potential effects on the Northern To assist the Forest Service in important objective for the Matrix. The Spotted Owl and it’s habitat. identifying and considering issues and ROD states further that one of the • Potential effects on Wolverine concerns on the proposed action, objectives of matrix is to provide habitat. comments on the draft EIS should be as ecological diversity at the landscape specific as possible. It is also helpful if • The harvest of timber in a visually scale in the form of early-successional comments refer to specific pages or sensitive area. habitat through commercial timber chapters of the draft statement. • Potential effects on Lynx habitat. harvest. Comments may also address the One of the purposes of this notice of The Diamond Lake/Lemolo Lake adequacy of the draft EIS or the merits intent is to solicit input from the public. Watershed Analysis recommends that of the alternatives formulated and At this very early stage of the analysis harvest prescriptions in the analysis discussed in the statement. (Reviewers process, there are no alternatives to the area should create a high level of may wish to refer to the Council on proposed action other than the No vegetative diversity in both structure Environmental Quality Regulations for Action Alternative. The scoping is and pattern by replicating natural implementing the procedural provisions intended to identify issues which may disturbance processes. Towards this of the National Environmental Policy lead to the development of alternatives end, the priority in the Lodgepole Pine Act of 40 CFR 1503.3 in addressing to the proposed action. Type is to conduct regeneration harvests these points.) in overstocked lodgepole pine stands In addition to this notice, the public In the final EIS, the Forest Service is older than 70 years to reduce the has been notified of the environmental required to respond to substantive potential for mountain pine beetle impact statement through the Umpqua comments and responses received epidemics. There is also an opportunity National Forest’s April, 1999, Schedule during the comment period that pertain to reduce stand densities to a more of Proposed Actions (SOPA). Scoping to the environmental consequence desired condition around Lemolo Lake for this project will also include an open discussed in the draft EIS and by commercially thining some of those house in Roseburg, Oregon, on April 21, applicable laws, regulations, and stands. 1999. Based on the preliminary issues, policies considered in making a From a total planning area of 71,800 the Responsible Official has determined decision regarding the proposal. The acres, the proposed action identifies a that it is appropriate to proceed with an Responsible Official is Don Ostby, need to harvest approximately 1,670 environmental impact statement. Forest Supervisor for the Umpqua acres under several different Public comments are appreciated National Forest. The Responsible silvicultural treatments that include throughout the analysis process. The Official will document the decision and approximately 940 acres of commercial draft EIS is expected to be filed with the rationale for the decision in a Record of thinning, approximately 490 acres of Environmental Protection Agency (EPA) Decision. The decision will be subject to regeneration harvests, and and be available for public review by appeal under 36 CFR part 215. approximately 240 acres of partial October, 1999. The comment period on cutting. As proposed, this harvest may the draft EIS will be 45 days from the Dated: April 5, 1999. be accomplished via three to six timber date the EPA publishes the notice of Marty Santiago, sales. In conjunction with the sales, availability in the Federal Register. The Acting Deputy Forest Supervisor. implementation of the proposed action final EIS is scheduled to be available in [FR Doc. 99–9275 Filed 4–13–99; 8:45 am] will necessitate the construction of 5.4 December, 1999. BILLING CODE 3410±11±M
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DEPARTMENT OF AGRICULTURE Province Advisory Committee meetings DEPARTMENT OF COMMERCE are open to the public. Interested Forest Service citizens are welcome to attend. Bureau of Export Administration FOR FURTHER INFORMATION CONTACT: Upper Blue Stewardship Project; White Requests for the Appointment of a Direct questions regarding this meeting River National Forest, Summit County, Technical Advisory Committee to Paul Hart, Designated Federal CO Official, USDA, Wenatchee National ACTION: Proposed collection; comment AGENCY: Forest Service, USDA. Forest, 215 Melody Lane, Wenatchee, request. ACTION: Notice; correction. Washington, 98801, 509–662–4335. SUMMARY: The Department of Dated: April 2, 1999. SUMMARY: The Forest Service published Commerce, as part of its continuing Sonny J. O’Neal, a notice of intent to prepare an effort to reduce paperwork and environmental impact statement on Forest Supervisor, Wenatchee National respondent burden, invites the general Forest. Monday, April 5, 1999 (64 FR 16419), in public and other Federal agencies to conjunction with planning the Upper [FR Doc. 99–9321 Filed 4–13–99; 8:45 am] take this opportunity to comment on Blue Stewardship Project. The BILLING CODE 3410±11±M proposed and/or continuing information document contained an incorrect date. collections, as required by the Paperwork Reduction Act of 1995, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE Kathleen Phelps or Gwenan Stephens at Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). (970) 468–5400. Forest Service DATES: Written comments must be Correction Forestry Research Advisory Council submitted on or before June 14, 1999. In the Federal Register of April 5, Meeting ADDRESSES: Direct all written comments 1999, in FR Doc. 99–7977, on page to Linda Engelmeier, Departmental 16420, column three, correct paragraph AGENCY: Forest Service, USDA. Clearance Officer, Office of the Chief 1 to read as follows: ACTION: Notice of meeting. Information Officer, Department of ‘‘Comments concerning the scope of SUMMARY: Pursuant to the requirements Commerce, Room 5033, 14th and the analysis should be received in of Federal Advisory Committee Act, the Constitution Avenue, NW, Washington writing by May 5, 1999. In June and July Department of Agriculture announces DC 20230. a field trip(s) can be scheduled to look the next meeting of the Forestry FOR FURTHER INFORMATION CONTACT: at particular concerns or alternatives in Research Advisory Council. The Requests for additional information or the field (such as non-system trail meeting is open to the public. Persons copies of the information collection closures). Please respond if you are may participate in the meeting if time instrument(s) and instructions should interested in attending field trip(s).’’ and space permit. The council agenda be directed to Dawnielle Battle, BXA Dated: April 8, 1999. includes: a discussion of current issues ICB Officer, Department of Commerce, Gloria Manning, relating to forestry research; a Room 6881, 14th and Constitution Acting Deputy Chief, National Forest System. discussion of science planning related Avenue, NW, Washington, DC, 20230. [FR Doc. 99–9333 Filed 4–13–99; 8:45 am] to forestry, natural resources, and laws SUPPLEMENTARY INFORMATION: BILLING CODE 3410±11±M and regulations that affect research I. Abstract funding and direction; a review of Forest Service Research and The Technical Advisory Committees were established to advise and assist the DEPARTMENT OF AGRICULTURE Development and the Cooperative U.S. Government on export control Forestry Research (McIntire-Stennis) matters. In managing the operations of Forest Service programs; and other current research the TACs, the Department of Commerce issues Eastern Washington Cascades The public may file written comments is responsible for implementing the Provincial Advisory Committee and before or after the meeting by sending policies and procedures prescribed in Yakima Provincial Advisory Committee written comments to Hao C. Tran, Staff the Federal Advisory Committee Act. Assistant, Deputy Chief for Research The Bureau of Export Administration AGENCY: Forest Service, USDA. provides technical and administrative and Development, Forest Service, P.O. ACTION: Notice of meeting. support for the Committees. Box 96090, Washington, DC 20090– The TACs advise the government on SUMMARY: The Eastern Washington 6090, (202) 205–1293. proposed revisions to export control Cascades Provincial Advisory DATES: The meeting will be held May lists, licensing procedures, assessments Committee and the Yakima Provincial 25–26, 1999, from 8:00 a.m. to 5:00 p.m. of the foreign availability of controlled Advisory Committee will meet on ADDRESSES: The meeting will be held in products, and export control Thursday, April 22, 1999, at the the Cabinet Room at the Governor’s regulations. Any producer of items Wenatchee National Forest headquarters House Hotel, 1615 Rhode Island subject to export controls can make main conference room, 215 Melody Avenue, NW, Washington, DC 20036. application to the Secretary of Lane, Wenatchee, Washington. The FOR FURTHER INFORMATION CONTACT: Hao Commerce requesting that a committee meeting will begin at 9:00 a.m. and C. Tran, Office of the Deputy Chief for be established. The information continue until 3:30 p.m. The majority of Research and Development, telephone provided is used to determine if the the meeting will be devoted to (202) 205–1293. creation of a committee is appropriate. presentations on listing of fish species under the Endangered Species Act and Dated: April 8, 1999. II. Method of Collection Robert Lewis, Jr., a short period of time will be dedicated Written request to BXA. to the Methow Valley dry forest Deputy Chief for Research and Development. management proposal. All Eastern [FR Doc. 99–9334 Filed 4–13–99; 8:45 am] III. Data Washington Cascades and Yakima BILLING CODE 3410±11±M OMB Number: 0694–0100.
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Form Number: None. properly classified under Executive ADDRESSES: Meetings will be held in Type of Review: Regular submission Order 12958, dealing with the U.S. Danvers, MA. See the SUPPLEMENTARY for extension of a currently approved export control program and strategic INFORMATION as previously published in collection. criteria related thereto. the original notice (64 FR 14215, March Affected Public: Individuals, The Assistant Secretary for 24, 1999) for specific locations. businesses or other for-profit and not- Administration, with the concurrence of FOR FURTHER INFORMATION CONTACT: Paul for-profit institutions. the General Counsel, formally J. Howard, Executive Director, New Estimated Number of Respondents: 1. determined on October 3, 1997, England Fishery Management Council Estimated Time Per Response: 5 hours pursuant to section 10(d) of the Federal (781) 231-0422. Requests for special per response. Advisory Committee Act, as amended, Estimated Total Annual Burden accommodations should be addressed to that the series of meetings of the Hours: 5. the New England Fishery Management Estimated Total Annual Cost: No Committee and of any Subcommittees Council, 5 Broadway, Saugus, capital expenditures are required. thereof, dealing with the classified Massachusetts 01906-1097; telephone: materials listed in 5 U.S.C., 552b(c)(1) (781) 231-0422. IV. Request for Comments shall be exempt from the provisions SUPPLEMENTARY INFORMATION: The Comments are invited on: (a) Whether relating to public meetings found in original notice (64 FR 14215, March 24, the proposed collection of information section 10(a)(1) and 10(a)(3), of the 1999) stated that only the Groundfish is necessary for the proper performance Federal Advisory Committee Act. The Advisory Panel would meet on of the functions of the agency, including remaining series of meetings or portions Wednesday, April 21, 1999. The whether the information shall have thereof will be open to the public. meeting has been rescheduled as a joint practical utility; (b) the accuracy of the A copy of the Notice of Determination meeting between the Groundfish agency’s estimate of the burden to close meetings or portions of Advisory Panel and Groundfish (including hours and cost) of the meetings of the Committee is available Committee. All other information, as proposed collection of information; (c) for public inspection and copying in the previously published in the original ways to enhance the quality, utility, and Central Reference and Records notice, remains unchanged. clarity of the information to be Inspection Facility, Room 6020, U.S. Dated: April 8, 1999. collected; and (d) ways to minimize the Department of Commerce, Washington, burden of the collection of information DC 20230. For further information, Valerie L. Chambers, on respondents, including through the contact Lee Ann Carpenter on (202) Acting Director, Office of Sustainable use of automated collection techniques 482–2583. Fisheries, National Marine Fisheries Service. [FR Doc. 99–9214 Filed 4–8–99; 4:26 pm] or other forms of information Dated: April 8, 1999. BILLING CODE 3510±22±F technology. Lee Ann Carpenter, Comments submitted in response to this notice will be summarized and/or Director, Technical Advisory Committee Unit. included in the request for OMB [FR Doc. 99–9312 Filed 4–13–99; 8:45 am] DEPARTMENT OF COMMERCE approval of this information collection; BILLING CODE 3510±33±M Patent and Trademark Office they will also become a matter of public record. DEPARTMENT OF COMMERCE Rules for Patent Maintenance Fees Dated: April 7, 1999. ACTION: Proposed collection; comment Linda Engelmeier, National Oceanic and Atmospheric request. Departmental Clearance Officer, Office of the Administration Chief Information Officer SUMMARY: The Department of Commerce [FR Doc. 99–9336 Filed 4–13–99; 8:45 a.m.] [I.D. 031799C] (DOC), as part of its continuing effort to BILLING CODE 3510±33±P reduce paperwork and respondent New England Fishery Management burden, invites the general public and Council; Public Meetings other Federal agencies to comment on DEPARTMENT OF COMMERCE the continuing and proposed AGENCY: National Marine Fisheries information collection, as required by Bureau of Export Administration Service (NMFS), National Oceanic and the Paperwork Reduction Act of 1995, Atmospheric Administration (NOAA), Public Law 104–13 (44 U.S.C. Information Systems Technical Commerce. Advisory Committee; Notice of Closed 3506(c)(2)(A)). ACTION: Notice of public meetings; Meeting DATES: Written comments must be amendment. submitted on or before June 14, 1999. A meeting of the Information Systems ADDRESSES: Technical Advisory Committee (ISTAC) SUMMARY: The New England Fishery Direct all written comments will be held May 13, 1999, 9:00 a.m., in Management Council (Council) has to Linda Engelmeier, Departmental the Herbert C. Hoover Building, Room modified a meeting of its Groundfish Forms Clearance Officer, Department of 3884, 14th Street between Pennsylvania Advisory Panel for April 21, 1999. The Commerce, Room 5033, 14th and Avenue and Constitution Avenue, NW, meeting will now be a joint meeting Constitution Avenue, NW, Washington, Washington, DC. The ISTAC advises the with the Groundfish Oversight DC 20230 or via the Internet Office of the Assistant Secretary for Committee, and the agenda is ([email protected]). Export Administration with respect to unchanged from the initial FOR FURTHER INFORMATION CONTACT: technical questions that affect the level announcement of the meeting. As Requests for additional information of export controls applicable to announced previously, the Groundfish should be directed to the attention of information systems equipment and Committee will also meet on April 22, Robert J. Spar, Patent and Trademark technology. 1999. Office, Washington, DC 20231, by The Committee will meet only in DATES: The meetings will be held on telephone at (703) 305–9285. Executive Session to discuss matters April 21 and 22, 1999. SUPPLEMENTARY INFORMATION:
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I. Abstract listed patent(s), and PTO/SB/47 to Form Number(s): Forms PTO/SB/45, Maintenance fees are required to indicate a ‘‘fee address.’’ Form PTO/SB/ PTO/SB/47, PTO/SB/65, and PTO/SB/ maintain a patent in force under Title 35 65 is used by the applicant to petition 66. of the U.S. Code. Payments of the PTO to accept unavoidably delayed Type of Review: Extension of a maintenance fees are required at 31⁄2, payment of the maintenance fee for an currently approved collection. 71⁄2 and 111⁄2 years after the grant of the expired patent, and Form PTO/SB/66 to Affected Public: Individuals or patent. The maintenance fee provisions petition the PTO to accept households; businesses or other for- appear in 35 U.S.C. 41(b) and (c). A unintentionally delayed payment of a profit; not-for-profit institutions; farms, patent number and serial number of the maintenance fee for an expired patent. state, local or tribal governments; and patent on which maintenance fees are Form PTO/SB/46 (Request for Payor the Federal Government. paid are required in order to insure Number) was eliminated in favor of Estimated Number of Respondents: proper crediting of such payments. Form PTO/SB/125 (already taken into 326,101 responses per year. There are forms associated with account in 0651–0035) due to the fact Estimated Time Per Response: It is estimated to take approximately 48 collecting maintenance fees. These that the ‘‘payor number’’ practice was minutes each to complete the forms are Form PTO/SB/45 replaced with a more comprehensive (Maintenance Fee Transmittal Form), maintenance fee transmittal form and ‘‘customer number’’ practice. Form PTO/SB/47 (‘‘Fee Address’’ the ‘‘fee address’’ indication form. It is Indication Form), Form PTO/SB/65 II. Method of Collection estimated to take 1 hour each to (Petition to Accept Unavoidably complete the unavoidable and Delayed Payment of Maintenance Fee in By mail, facsimile, and hand carry unintentional petitions. an Expired Patent (37 CFR 1.378(b)), when the individual desires to Estimated Total Annual Respondent and Form PTO/SB/66 (Petition to participate in the information Burden Hours: 26,965 hours per year. Accept Unintentionally Delayed collection. Estimated Total Annual Respondent Payment of Maintenance Fee in an Cost Burden: $0 (no capital start-up or Expired Patent (37 CFR 1.378(c)). The III. Data maintenance expenditures are required). patentee uses Form PTO/SB/45 for OMB Number: 0651–0016. $947,135 per year is estimated for salary payment of the maintenance fee(s) for costs associated with respondents.
Estimated Estimated Title of form PTO form No. Estimated time for annual bur- annual re- response den hours sponses
Maintenance Fee Transmittal Form ...... Form PTO/SB/45 48 mins ...... 312,150 10,405 ``Fee Address'' Indication Form ...... Form PTO/SB/47 48 mins ...... 468,210 15,607 Petition to Accept Unavoidably Delayed Payment of Maintenance Fee in Form PTO/SB/65 1 hour ...... 31,325 179 an Expired Patent (37 CFR 1.378(b)). Petition to Except Unintentionally Delayed Payment of Maintenance Fee in Form PTO/SB/66 1 hour ...... 135,450 774 an Expired Patent (37 CFR 1.378(c)).
Totals ...... 947,135 26,965
IV. Request for Comments Dated: April 7, 1999. AmeriCorps Recruitment, Susie Linda Engelmeier, Zimmerman, 606–5000, Extension 104. Comments are invited on: (a) Whether Departmental Forms Clearance Officer, Office Individuals who use a the proposed collection of information of the Chief Information Officer. telecommunications device for the deaf is necessary for the proper performance [FR Doc. 99–9337 Filed 4–13–99; 8:45 am] (TTY/TDD) may call (202) 606–5256 of the functions of the agency, including BILLING CODE 3510±16±P between the hours of 9:00 a.m. and 4:30 whether the information will have p.m. Eastern time, Monday through practical utility; (b) the accuracy of the Friday. agency’s estimate of the burden CORPORATION FOR NATIONAL AND Comments should be sent to the (including hours and cost) of the COMMUNITY SERVICE Office of Information and Regulatory proposed collection of information; (c) Affairs, Attn: Mr. Danny Werfel, OMB ways to enhance the quality, utility, and Submission for OMB Review; Comment Request Desk Officer for the Corporation for clarity of the information to be National and Community Service, Office collected; and (d) ways to minimize the The Corporation for National and of Management and Budget, Room burden of the collection of information Community Service (hereinafter the 10235, Washington, DC, 20503, (202) on respondents, e.g., the use of ‘‘Corporation’’) , has submitted the 395–7316, within 30 days from the date automated collection techniques or following public information collection of this publication in the Federal other forms of information technology. requests (ICRs) to the Office of Register. Management and Budget (OMB) for Comments submitted in response to The OMB is particularly interested in review and approval in accordance with this notice will be summarized or comments which: included in the request for OMB the Paperwork Reduction Act of 1995 • Evaluate whether the proposed approval of this information collection; (Pub. L. 104–13, (44 U.S.C. Chapter 35). collection of information is necessary they will also become a matter of public Copies of these individual ICRs, with for the proper performance of the record. applicable supporting documentation, may be obtained by calling the functions of the Corporation, including Corporation for National and whether the information will have Community Service, Office of practical utility;
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• Evaluate the accuracy of the multiple applications should the DEPARTMENT OF DEFENSE agency’s estimate of the burden of the individual wish to be considered for proposed collection of information, multiple programs, either concurrently Office of the Secretary including the validity of the or consecutively. Submission for OMB Review; methodology and assumptions used; Dated: April 9, 1999. • Propose to enhance the quality, Comment Request Thomas L. Bryant, utility and clarity of the information to ACTION: Notice. be collected; and Acting General Counsel. • Propose to minimize the burden of [FR Doc. 99–9309 Filed 4–13–99; 8:45 am] The Department of Defense has the collection of information on those BILLING CODE 6050±28±P submitted to OMB for clearance, the who are to respond, including through following proposal for collection of the use of appropriate automated, information under the provisions of the electronic, mechanical, or other CORPORATION FOR NATIONAL AND Paperwork Reduction Act (44 U.S.C. technological collection techniques or COMMUNITY SERVICE Chapter 35). other forms of information technology, Title and OMB Number: Commissary e.g., permitting electronic submissions Sunshine Act Meeting Evaluation and Utility Surveys— of responses. Generic Clearance, OMB Number Type of Review: New. Pursuant to the provisions of the 0704—[To Be Determined]. Agency: Corporation for National and Government in the Sunshine Act (5 Type of Request: New Collection. Community Service. U.S.C. 552B), notice is hereby given of Number of Respondents: 50,000. Title: AmeriCorps Application for the following meeting of the Advisory Responses Per Respondent: 1. Membership. Board of the Civilian Community Corps, Annual Responses: 50,000. Average Burden Per Response: 6 OMB Number: None. a program operated by the Corporation Agency Number: None. minutes. for National and Community Service Annual Burden Hours: 5,000. Affected Public: Any individual (Corporation). interested in applying to become a Neds and Uses: The Defense member of AmeriCorps*NCCC, TIME AND DATE: Friday, April 23, 1999, Commissary Agency (DeCA) will AmeriCorps*VISTA, or a state and local 9:00 a.m. to 11:30 and 2:30 to 4:00 p.m. conduct a variety of surveys to include, but not necessarily limited to customer AmeriCorps program located throughout PLACE: The meeting will be held at the United States. satisfaction, transaction based comment Corporation Headquarters, 1201 New cards, transaction based telephone Total Respondents: Approximately York Avenue, NW, Washington, DC. 60,000. (Approximately 40,000 interviews, commissary sizing, and individuals serve each year in STATUS: The meeting will be open. patron migration. The information AmeriCorps programs; (collection totals collected will provide customer MATTERS TO BE CONSIDERED: . are inexact as the bulk of these perceptions, demographics, and will completed applications are submitted to 1. Introductions. identify agency operations that need local programs and not back to the quality improvement, provide early 2. Advisory Board Purpose: Goals & detection of process or system problems, Corporation for National Service). Objectives. Frequency: An applicant need only and focus attention on areas where complete the application once. 3. AmeriCorps*NCCC Program Report. customer service and functional Applicants may make copies of their 4. AmeriCorps & Legislative Affairs training, new construction/ renovations, completed forms, and submit copies Report. and changes in existing operations that (each, however, with an original will improve service delivery.. 5. Issues Concerning the Corporation for Affected Public: Individuals or signature) to several different National Service. AmeriCorps programs for consideration. households; Business or other for-profit. Average Time Per Response: 45 6. Funding Issues. Frequency: On occasion. Respondent’s obligation: Voluntary. minutes. 7. Public Comment. OMB Desk Officer: Mr. Edward C. Estimated Total Burden Hours: 45,000 8. Future Board Meetings. Springer. hours (if 60,000 individuals complete 9. Adjournment. Written comments and the form per year). recommendations on the proposed Total Burden Cost (capital/startup): CONTACT PERSON FOR MORE INFORMATION: information collection should be sent to None. Ms. Merlene Mazyck, 1201 New York Mr. Springer at the office of Total Burden Cost (operating/ Avenue NW, 9th Floor, Washington, DC Management and Budget, Desk Officer maintenance): None. 20525. Telephone (202) 606–5000, ext. for DoD, Room 10236, New Executive Description: The Corporation for 137 (T.D.D. (202) 565–2799)). National Service proposes to utilize a Office Building, Washington, DC 20503. DOD Clearance Officer: Mr. Robert new membership application form SPECIAL NEEDS: Upon request, meeting notices will be made available in Cushing. entitled ‘‘AmeriCorps Application for Written requests for copies of the alternative formats to accommodate Membership’’ which will be used to information collection proposal should visual and hearing impairments. screen and place applicants into the be sent to Mr. Cushing, WHS/DIOR, Individuals who have a disability and various AmeriCorps programs, and will 1215 Jefferson Davis Highway, Suite who need an accommodation to attend replace the previously approved 1204, Arlington, VA 22202–4302. individual applications for the National the meeting may notify Ms. Mazyck. Dated: April 7, 1999. Civilian Community Corps (NCCC) and Dated: April 12, 1999. Volunteers in Service to America Patricia L. Toppings, (VISTA). Applicants will be able to use Thomas L. Bryant, Alternate OSD Federal Register Liaison this single, new application to apply to Acting General Counsel. Officer. any of the AmeriCorps programs, [FR Doc. 99–9444 Filed 4–12–99; 3:11 pm] [FR Doc. 99–9213 Filed 4–13–99; 8:45 am] thereby eliminating the need for BILLING CODE 6050±28±M BILLING CODE 5001±10±M
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DEPARTMENT OF DEFENSE ADDRESSES: The Defense Intelligence Stephen Freeman, Director for Human Agency, Bolling AFB, Washington, DC Resources, Defense Finance and Office of the Secretary 20340–5100. Accounting Service FOR FURTHER INFORMATION CONTACT: Maj. Zack Gaddy, Deputy Director for Policy Defense Intelligence Agency, Science Donald R. Culp, Jr., USAF, Executive and Systems, Defense Finance and and Technology Advisory Board Secretary, DIA Science and Technology Accounting Services Closed Panel Meeting Advisory Board, Washington, DC Edward Grysavage, Deputy Director for AGENCY: Department of Defense, Defense 20340–1328 (202) 231–4930. Military and Civilian Pay, Defense Intelligence Agency. SUPPLEMENTARY INFORMATION: The entire Fiance and Accounting Service ACTION: Notice. meeting is devoted to the discussion of Jerry Hinton, Deputy Director for classified information as defined in Electronic Commerce and Program SUMMARY: Pursuant to the provision of Section 552b(c)(1), Title 5 of the U.S. Management, Defense Finance and Subsection (d) of Section 10 of Public Code, and therefore will be closed to the Accounting Service Law 92–463, as amended by Section 5 public. The Board will receive briefings Kathleen Noe, Deputy Director for of the Public Law 94–409, notice is on and discuss several current critical Systems Development, Defense hereby given that a closed meeting of intelligence issues and advise the Finance and Accounting Service the DIA Science and Technology Director, DIA, on related scientific and Kenneth Sweitzer, Deputy Director Advisory Board has been scheduled as technical matters. Cleveland Center, Defense Finance follows: Dated: April 8, 1999. and Accounting Service DATES: 22 April 1999 (800am to L.M. Bynum, Michael Dugan, Director, Indianapolis 1600pm). Alternate OSD, Federal Register Liaison Center, Defense Finance and ADDRESSES: The Defense Intelligence Officer, Department of Defense. Accounting Service Agency, 3100 Clarendon Blvd, [FR Doc. 99–9211 Filed 4–13–99; 8:45 am] Loen Krushinski, Director—Cleveland Arlington, VA 22201–5300. BILLING CODE 5001±10±M Center, Defense Finance and FOR FURTHER INFORMATION CONTACT: Maj. Accounting Service Donald R. Culp, Jr., USAF, Executive Steve Turner, Director—Denver Center, Secretary, DIA Science and Technology DEPARTMENT OF DEFENSE Defense Finance and Accounting Advisory Board, Washington, D.C. Service 20340–1328, (202) 231–4930. Office of the Secretary JoAnn Boutelle, Deputy Director— SUPPLEMENTARY INFORMATION: The entire Columbus Center, Defense Finance Performance Review Board meeting is devoted to the discussion of and Accounting Service Membership classified information as defined in David Harris, Deputy Director—Denver Section 552b(c)(1), Title 5 of the U.S. AGENCY: Defense Finance and Center, Defense Finance and Code, and therefore will be closed to the Accounting Service. Accounting Service public. The Board will receive briefings ACTION: Notice. David Burman, Deputy Director— on and discuss several current critical Indianapolis Center, Defense Finance intelligence issues and advise the SUMMARY: Notice is given of the names and Accounting Service Director, DIA, on related scientific and of members of the Performance Review Lydia Moschkin, Director for Systems technical matters. Board for the Defense Finance and Integration, Defense Finance and Dated: April 8, 1999. Accounting Service. Accounting Service L.M. Bynum, EFFECTIVE DATE: April 14, 1999. C. Vance Kauzlarich, Director for Alternate OSD Federal Register, Liaison FOR FURTHER INFORMATION CONTACT: Information and Technology, Defense Officer, Department of Defense. Sandra L. Burrell, Defense Finance and Finance and Accounting Service [FR Doc. 99–9210 Filed 4–13–99; 8:45 am] Accounting Service, DFAS–HQ–H, 1931 Edward Harris, Deputy Director for BILLING CODE 5001±10±M Jefferson Davis Highway, Arlington, VA Accounting, Defense Finance and 22240–5291. Accounting Service SUPPLEMENTARY INFORMATION: Section John Barber, Deputy Director for DEPARTMENT OF DEFENSE 4314(c)(1) through (5) of Title 5, U.S.C., Customer Support and Internal requires each agency to establish, in Office of the Secretary Control, Defense Finance and accordance with regulations, one or Accounting Service Defense Intelligence Agency, Science more Senior Executive Service Ida Faye Groves, Deputy Director for and Technology Advisory Board Performance Review Boards. The boards Customer Support and Internal Closed Panel Meeting shall review and evaluate the initial Control, Defense Finance and appraisal of senior executives’ Accounting Service AGENCY: Department of Defense, Defense performance by supervisors and make Robert McNamara, Deputy Director for Intelligence Agency. recommendations to the appointing Operations, Defense Finance and ACTION: Notice. authority or rating official relative to the Accounting Service performance of these executives. Teresa Walker, Director, Kansas City SUMMARY: Pursuant to the provisions of Joanne Arnette, Deputy Director for subsection (d) of section 10 of Public Center, Defense Finance and Information and Technology, Defense Accounting Service Law 92–463, as amended by section 5 of Finance and Accounting Service Public Law 94–409, notice is hereby Gregory Bitz, Director for Finance, Dated: April 7, 1999. given that a closed meeting of the DIA Defense Finance and Accounting L.M. Bynum, Science and Technology Advisory board Service Alternate OSD Federal Register Liaison has been scheduled as follows: Bruce Carnes, Director of Resource Officer, Department of Defense. DATES: 19 April 1999 (12:00 p.m. To Management, Defense Finance and [FR Doc. 99–9212 Filed 4–13–99; 8:45 am] 4:00 p.m.). Accounting Service BILLING CODE 5001±10±M
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DEPARTMENT OF DEFENSE SYSTEM MANAGER(S) AND ADDRESS: cabinets or rooms. Access controlled by Administrative Assistant to the Assistant Manager and to Restricted Department of the Air Force Secretary of the Air Force, 1720 Air authorized personnel. Force Pentagon, Washington, DC 20330- RETENTION AND DISPOSAL: Privacy Act of 1974; System of 1720. Records Retained in office files until * * * * * superseded, obsolete, no longer needed AGENCY: Department of the Air Force, F036 SAFAA A for reference, or on inactivation, then DoD. destroyed by tearing into pieces, ACTION: Notice to amend system of SYSTEM NAME: shredding, pulping, macerating, or records. Civilian Personnel Files. burning.
SUMMARY: The Department of the Air SYSTEM LOCATION: SYSTEM MANAGER(S) AND ADDRESS: Force proposes to amend a system of Chief, Civilian Personnel, Administrative Assistant to the records notice in its inventory of record Administrative Assistant to the Secretary of the Air Force, 1720 Air systems subject to the Privacy Act of Secretary of the Air Force, 1720 Air Force Pentagon, Washington, DC 20330- 1974 (5 U.S.C. 552a), as amended. Force Pentagon, Washington, DC 20330- 1720. DATES: The amendment will be effective 1720. NOTIFICATION PROCEDURE: on May 14, 1999, unless comments are CATEGORIES OF INDIVIDUALS COVERED BY THE Individuals seeking to determine received that would result in a contrary SYSTEM: determination. whether information about themselves Current and former civilians, is contained in this system should ADDRESSES: Send comments to the Air consultants, and Summer Hires address written inquiries to or visit the Force Access Programs Manager, employed in the Office of the Secretary Administrative Assistant to the Headquarters, Air Force of the Air Force only. Secretary of the Air Force, 1720 Air Communications and Information Force Pentagon, Washington, DC 20330- Center/ITC, 1250 Air Force Pentagon, CATEGORIES OF RECORDS IN THE SYSTEM: 1720. Washington, DC 20330–1250. Employment applications and FOR FURTHER INFORMATION CONTACT: Mrs. records; award recommendations; RECORD ACCESS PROCEDURES: Anne Rollins at (703) 614–7819. position descriptions, training; Process Individuals seeking access to SUPPLEMENTARY INFORMATION: The sheets. information about themselves contained Department of the Air Force’s record AUTHORITY FOR MAINTENANCE OF THE SYSTEM: in this system should address written inquiries to or visit Administrative system notices for records systems 10 U.S.C. 8013, Secretary of the Air Assistant to the Secretary of the Air subject to the Privacy Act of 1974 (5 Force: Powers and duties; delegation by. U.S.C. 552a), as amended, have been Force, 1720 Air Force Pentagon, published in the Federal Register and PURPOSE(S): Washington, DC 20330-1720. are available from the address above. To provide information and services CONTESTING RECORD PROCEDURES: The proposed amendments are not to employees and offices within the The Air Force rules for accessing within the purview of subsection (r) of Office of the Secretary of the Air Force records, and for contesting contents and the Privacy Act (5 U.S.C. 552a), as ROUTINE USES OF RECORDS MAINTAINED IN THE appealing initial agency determinations amended, which would require the SYSTEM, INCLUDING CATEGORIES OF USERS AND are published in Air Force Instruction submission of a new or altered system THE PURPOSES OF SUCH USES: 37–132; 32 CFR part 806b; or may be report for each system. The specific In addition to those disclosures obtained from the system manager. changes to the record system being generally permitted under 5 U.S.C. amended are set forth below followed 552a(b) of the Privacy Act, these records RECORD SOURCE CATEGORIES: by the notice, as amended, published in or information contained therein may Information from Air Force Civilian its entirety. Personnel Offices and from financial Dated: April 8, 1999. specifically be disclosed outside the DoD as a routine use pursuant to 5 institutions. U.S.C. 552a(b)(3) as follows: L. M. Bynum, EXEMPTIONS CLAIMED FOR THE SYSTEM: The ‘Blanket Routine Uses’ published Alternate OSD Federal Register Liaison at the beginning of the Air Force’s None. Officer, Department of Defense. compilation of systems of records [FR Doc. 99–9216 Filed 4–13–99; 8:45 am] F036 SAFAA A notices apply to this system. BILLING CODE 5001±10±F
SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DEPARTMENT OF DEFENSE Civilian Personnel Files (June 11, DISPOSING OF RECORDS IN THE SYSTEM: 1997, 62 FR 31793). Department of the Air Force STORAGE: CHANGES: Maintained in file folders, note books/ Privacy Act of 1974; System of * * * * * binders and card files. Records RETRIEVABILITY: SYSTEM LOCATION: AGENCY: Department of the Air Force, Retrieved by name. DoD. Delete entry and replace with ‘Chief, ACTION: Notice to amendment systems of Civilian Personnel, Administrative SAFEGUARDS: records. Assistant to the Secretary of the Air Records are accessed by person(s) Force, 1720 Air Force Pentagon, responsible for servicing the record SUMMARY: The Department of the Air Washington, DC 20330-1720’. system in performance of their official Force proposes to amend three systems * * * * * duties. Records are stored in locked of records notices in its inventory of
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RECORD ACCESS PROCEDURES: Force Access Programs Manager, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Headquarters, Air Force Individuals seeking access to 10 U.S.C. 8013, Secretary of the Air information about themselves contained Communications and Information Force. Center/ITC, 1250 Air Force Pentagon, in this system should address written Washington, DC 20330–1250. PURPOSE(S): inquiries to or visit the Director of FOR FURTHER INFORMATION CONTACT: Mrs. Information is used as a reference Legislative Liaison, Office of the Anne Rollins at (703) 614–7819. base in the case of similar inquiries from Secretary of the Air Force, SUPPLEMENTARY INFORMATION: The other Members of Congress, in behalf of Headquarters, U.S. Air Force, Department of the Air Force’s record the same Air Force issue and/or follow- Washington, DC 20330–1160. system notices for records systems up by the same Member. Information CONTESTING RECORD PROCEDURES: may also be used by appropriate Air subject to the Privacy Act of 1974 (5 The Air Force rules for accessing Force offices as a basis for corrective U.S.C. 552a), as amended, have been records, and for contesting contents and action and for statistical purposes. published in the Federal Register and appealing initial agency determinations are available from the address above. ROUTINE USES OF RECORDS MAINTAINED IN THE are published in Air Force Instruction The proposed amendments are not SYSTEM, INCLUDING CATEGORIES OF USERS AND 37–132; 32 CFR part 806b; or may be within the purview of subsection (r) of THE PURPOSES OF SUCH USES: obtained from the system manager. the Privacy Act (5 U.S.C. 552a), as In addition to those disclosures amended, which would require the generally permitted under 5 U.S.C. RECORD SOURCE CATEGORIES: submission of a new or altered system 552a(b) of the Privacy Act, these records Congressional and Executive inquiries report for each system. The specific or information contained therein may and information from Air Force offices changes to the record system being specifically be disclosed outside the and organizations. amended are set forth below followed DoD as a routine use pursuant to 5 EXEMPTIONS CLAIMED FOR THE SYSTEM: by the notice as amended, published in U.S.C. 552a(b)(3) as follows: its entirety. The ‘Blanket Routine Uses’ published None. Dated: April 8, 1999. at the beginning of the Air Force’s F036 AF PC U compilation of systems of records L. M. Bynum, notices apply to this system. SYSTEM NAME: Alternate OSD Federal Register Liaison Education Services Program Records Officer, Department of Defense. POLICIES AND PRACTICES FOR STORING, (Individual) (June 11, 1997, 62 FR RETRIEVING, ACCESSING, RETAINING, AND 31793). F033 SAFLL A DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Changes: SYSTEM NAME: Maintained in computer/imaging Congressional/Executive Inquiries * * * * * system. (October 16, 1997, 62 FR 53824). CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVABILITY: SYSTEM: CHANGES: Retrieved by name. * * * * * Add to end of entry ‘and the Tuition SAFEGUARDS: Assistance Program.’ RECORD SOURCE CATEGORIES: Records are accessed by custodian of * * * * * Delete ‘Personnel Records’ from the the record system and by person(s) PURPOSE(S): entry. responsible for servicing the record Add to end of entry ‘to manage the * * * * * system in performance of their official tuition assistance program and to track duties who are properly screened and enrollments and funding.’ F033 SAFLL A cleared for need-to-know. Records in * * * * * SYSTEM NAME: computer storage devices are protected Congressional/Executive Inquiries. by computer system software. STORAGE: RETENTION AND DISPOSAL: Add to end of entry ‘computers, and SYSTEM LOCATION: Current year plus 2 years of records on backup tapes.’ Office of the Secretary of the Air will be retained in the records system, RETRIEVABILITY: Force, Washington, DC 20330–1160. then deleted from the computer Delete entry and replace with database. CATEGORIES OF INDIVIDUALS COVERED BY THE ‘Retrieved by name, Social Security SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Number, or tuition assistance document Air Force active duty and retired Director of Legislative Liaison, Office number.’ military personnel, present and former of the Secretary of the Air Force, SAFEGUARDS: civilian employees, Air Force Reserve Headquarters, U.S. Air Force, and Air National Guard personnel, Air Washington, DC 20330–1160. Add to end of entry ‘and in computer Force Academy nominees/applicants storage devices and protected by and cadets, Senior and Junior Air Force NOTIFICATION PROCEDURE: computer system software. Records/ Reserve Officers, dependents of military Individuals seeking to determine information may be transferred outside personnel, and anyone who has written whether information about themselves the local area network (LAN). Records/
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Information Processing Standard (FIPS) Collection for Voucher; DD Form 295, 140-1 requirement.’ Application for the Evaluation of SAFEGUARDS: Educational Experiences During Records are accessed by custodian of RETENTION AND DISPOSAL: Military Service; DD Form 139, Pay the record system and by persons Delete entry and replace with Adjustment Authorization; Department responsible for servicing the record ‘Records are retained and disposed of in of Veterans Affairs (VA) Form 22–8821, system in performance of their official the following ways: Application for Educational Assistance; duties who are properly screened and (1) Given to individual when released VA Form 22–1990p, Service person’s cleared for need-to-know. Records are from EAD, discharged, or retired. Application for Educational Benefits; stored in locked cabinets or rooms, and Servicing MPF will destroy in case of Academic evaluations and/or transcripts in computer storage devices and death by tearing into pieces, shredding, from schools; Automated Air Force protected by computer system software. pulping, macerating, or burning. Tuition Assistance Program (AAFTAP); Records/information may be transferred (2) For records pertaining to the and Educational test results from testing outside the local area network (LAN). individual’s education level and agencies. Records/information transferred outside progress: Give to individual when the LAN will be encrypted using Entrust released from EAD, discharged, or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Technologies’ Cryptographic Kernel V destroy when no longer on active duty. 10 U.S.C. 8013, Secretary of the Air 2.4. This product meets the Federal For records pertaining to requests for Force powers and duties; delegation by; Information Processing Standard (FIPS) tuition assistance, records supporting as implemented by Air Force Instruction 140-1 requirement. consolidation grade sheets, and cases of 36-2306, Operation and Administration non-compliance or failure: Destroy after of the Air Force Education Services RETENTION AND DISPOSAL: invoices have been paid and final grades Program and E.O. 9397 (SSN). Records are retained and disposed of have been recorded in Individual in the following ways: Record Education Services form. PURPOSE(S): (1) Given to individual when released (3) For records pertaining to funding Counseling/Advisement Guide and from EAD, discharged, or retired. documents, appropriation controls, Educational Registration Record used by Servicing MPF will destroy in case of supporting documents for monitoring Education Services Center staff death by tearing into pieces, shredding, obligations: Destroy two years after personnel, Promotion and/or pulping, macerating, or burning. document’s fiscal year appropriation classification boards, and other (2) For records pertaining to the has ended its ’expired year’ status and authorized personnel such as military individual’s education level and applicable fiscal year appropriation has service schools, civilian schools, and progress: Give to individual when been cancelled.’ supervisors of military personnel. The released from EAD, discharged, or * * * * * principle purpose is to provide a record destroy when no longer on active duty. of education endeavors and progress of For records pertaining to requests for F036 AF PC U Air Force personnel participating in tuition assistance, records supporting SYSTEM NAME: Education Services Programs, to manage consolidation grade sheets, and cases of the tuition assistance program and to non-compliance or failure: Destroy after Education Services Program Records track enrollments and funding. invoices have been paid and final grades (Individual). have been recorded in Individual ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM LOCATION: Record Education Services form. SYSTEM, INCLUDING CATEGORIES OF USERS AND Air Force Base Education Services THE PURPOSES OF SUCH USES: (3) For records pertaining to funding documents, appropriation controls, Flights. Official mailing addresses are In addition to those disclosures published as an appendix to the Air supporting documents for monitoring generally permitted under 5 U.S.C. obligations: Destroy two years after Force’s compilation of systems of 552a(b) of the Privacy Act, these records records notices. document’s fiscal year appropriation or information contained therein may has ended its ’expired year’ status and CATEGORIES OF INDIVIDUALS COVERED BY THE specifically be disclosed outside the applicable fiscal year appropriation has SYSTEM: DoD as a routine use pursuant to 5 been cancelled. All officers and airmen who U.S.C. 552a(b)(3) as follows: participate in the Education Services Records may be disclosed to civilian SYSTEM MANAGER(S) AND ADDRESS: Program and the Tuition Assistance schools for the purposes of ensuring Commander, Headquarters, Air Force Program. correct enrollment and billing Personnel Center, 550 C Street West, information. Randolph Air Force Base, TX 78150- CATEGORIES OF RECORDS IN THE SYSTEM: The ‘Blanket Routine Uses’ published 4750. Pertinent education data maintained at the beginning of the Air Force’s in an educational file folder may be Air compilation of systems of records NOTIFICATION PROCEDURE: Force (AF) Form 63, Active Duty notices apply to this system. Individuals seeking to determine Service Commitment; AF Form 118, whether information about themselves Notice of Student Withdrawal/ POLICIES AND PRACTICES FOR STORING, is contained in this system should RETRIEVING, ACCESSING, RETAINING, AND Noncompletion; AF Form 186, DISPOSING OF RECORDS IN THE SYSTEM: address written inquiries to or visit the Individual Record-Education Services agency officials at the respective Program; AF Form 204, Permissive STORAGE: installation education center. Official Temporary Duty (TDY) Request - Maintained in visible file folders/ mailing addresses are published as an Operation Bootstrap; AF Form 1033, cabinet, computers, and on backup appendix to the Air Force’s compilation Academic Education Data; AF Form tapes. of systems of records notices.
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RECORD ACCESS PROCEDURES: SAFEGUARDS: compilation of systems of records Individuals seeking access to Add to end of entry ‘and are password notices apply to this system. information about themselves contained protected.’ in this system should address written POLICIES AND PRACTICES FOR STORING, * * * * * RETRIEVING, ACCESSING, RETAINING, AND inquiries to or visit the agency officials DISPOSING OF RECORDS IN THE SYSTEM: at the respective installation education F036 USAFA C STORAGE: center. Official mailing addresses are SYSTEM NAME: published as an appendix to the Air Prospective Instructor Files. Maintained in file folders, in Force’s compilation of systems of computers data bases, and on computer records notices. SYSTEM LOCATION: output products. Deputy Chief of Staff for Personnel, CONTESTING RECORD PROCEDURES: RETRIEVABILITY: 2304 Cadet Drive, Suite 317, U.S. Air The Air Force rules for accessing Force Academy, CO 80840–5020; Retrieved by name. records, and for contesting contents and Dean of Faculty, 2354 Fairchild Drive, appealing initial agency determinations SAFEGUARDS: Suite 6F26, U.S. Air Force Academy, CO are published in Air Force Instruction 80840–6200; Records are accessed by person(s) 37–132; 32 CFR part 806b; or may be Commander, 34th Training Wing, responsible for servicing the record obtained from the system manager. 2354 Fairchild Drive, Suite 5A10, U.S. system in performance of their official duties and by authorized personnel who RECORD SOURCE CATEGORIES: Air Force Academy, CO 80840–6260. are properly screened and cleared for Data gathered from the individual, CATEGORIES OF INDIVIDUALS COVERED BY THE need-to-know. Records are stored in data gathered from other personnel SYSTEM: locked rooms and cabinets. Those in records, transcripts and/or evaluations Military personnel applying for computer storage devices are protected from schools and test results from instructor duty (Officer) and Special by computer system software and are testing agencies. Duty (Enlisted) at the Air Force password protected. EXEMPTIONS CLAIMED FOR THE SYSTEM: Academy. RETENTION AND DISPOSAL: None. CATEGORIES OF RECORDS IN THE SYSTEM: Retained in office files until F036 USAFA C Copy of Application for Instructor superseded, obsolete, or no longer Duty; college transcripts; past Officer needed for reference. Records are SYSTEM NAME: Effectiveness Reports; Officer Uniform destroyed by tearing into pieces, Prospective Instructor Files (October Assignment Brief which may contain shredding, pulping, macerating, or 15, 1997, 62 FR 53598). prior assignment information, burning. Computer records are CHANGES: aeronautical rating information, general destroyed by degaussing or overwriting. personnel data including security * * * * * clearance, date of birth, marital status, SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF RECORDS IN THE SYSTEM: and promotion dates; correspondence Deputy Chief of Staff for Personnel, Copy of Application for Instructor between individual and department; 2304 Cadet Drive, Suite 317, U.S. Air Duty; college transcripts; past Officer evaluations on individual’s suitability, Force Academy, CO 80840–5020; Effectiveness Reports; Officer Uniform and record of personal interview. Dean of Faculty, 2354 Fairchild Drive, Assignment Brief which may contain Enlisted special duty folders contain Suite 6F26, U.S. Air Force Academy, CO prior assignment information, enlisted performance reports, special 80840–6200; aeronautical rating information, general duty applications, AF Form 422, Commander, 34th Training Wing, personnel data including security Physical Profile Serial Report, and 2354 Fairchild Drive, Suite 5A10, U.S. clearance, date of birth, marital status, records review Report on Individual Air Force Academy, CO 80840–6260. and promotion dates; correspondence Personnel (RIP). NOTIFICATION PROCEDURE: between individual and department; AUTHORITY FOR MAINTENANCE OF THE SYSTEM: evaluations on individual’s suitability, Individuals seeking to determine 10 U.S.C. 8013, Secretary of the Air and record of personal interview. whether this system of records contains Force and 10 U.S.C., Chapter 903, U.S. Enlisted special duty folders contain information on themselves should Air Force Academy. enlisted performance reports, special address written inquiries to or visit the duty applications, AF Form 422, PURPOSE(S): Deputy Chief of Staff for Personnel, Physical Profile Serial Report, and Used to determine qualification, 2304 Cadet Drive, Suite 317, U.S. Air records review Report on Individual availability and location of potential Force Academy, CO 80840–5020; or the Personnel (RIP). instructors and enlisted personnel at the Dean of Faculty, 2354 Fairchild Drive, Academy. Suite 6F26, U.S. Air Force Academy, CO CATEGORIES OF INDIVIDUALS COVERED BY THE 80840–6200; or the SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE Commander, 34th Training Wing, Delete entry and replace with SYSTEM, INCLUDING CATEGORIES OF USERS AND 2354 Fairchild Drive, Suite 5A10, U.S. ‘Military personnel applying for THE PURPOSES OF SUCH USES: Air Force Academy, CO 80840–6260. instructor duty (Officer) and Special In addition to those disclosures Duty (Enlisted) at the Air Force generally permitted under 5 U.S.C. RECORD ACCESS PROCEDURES: Academy.’ 552a(b) of the Privacy Act, these records Individuals seeking to access records * * * * * or information contained therein may about themselves contained in this specifically be disclosed outside the system should address written requests PURPOSE(S): DoD as a routine use pursuant to 5 to or visit the Deputy Chief of Staff for Add to end of entry ‘and enlisted U.S.C. 552a(b)(3) as follows: Personnel, 2304 Cadet Drive, Suite 317, personnel at the Academy’ The ‘Blanket Routine Uses’ published U.S. Air Force Academy, CO 80840– * * * * * at the beginning of the Air Force’s 5020; or the
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Dean of Faculty, 2354 Fairchild Drive, submission of new or altered system Reason: System is obsolete and all Suite 6F26, U.S. Air Force Academy, CO report. records have been destroyed. 80840–6200; or the Dated: April 8, 1999. [FR Doc. 99–9217 Filed 9–13–99; 8:45 am] Commander, 34th Training Wing, L.M. Bynum, 2354 Fairchild Drive, Suite 5A10, U.S. BILLING CODE 5001±10±M Alternate OSD Federal Register Liaison Air Force Academy, CO 80840–6260. Officer, Department of Defense. CONTESTING RECORD PROCEDURES: DEPARTMENT OF DEFENSE N01001±3 The Air Force rules for accessing Department of the Navy records, and for contesting contents and SYSTEM NAME: appealing initial agency determinations Naval Reserve Intelligence/Personnel Privacy Act of 1974; System of are published in Air Force Instruction File March 3, 1998, 63 FR 10366). Records 37–132; 32 CFR part 806b; or may be Reason: System no longer being used. obtained from the system manager. AGENCY: Department of the Navy, DoD. All files were destroyed several years ACTION: Amend record systems. RECORD SOURCE CATEGORIES: ago. Information obtained from the N01070±13 SUMMARY: The Department of the Navy individual, previous employers, proposes to amend five systems of educational institutions and source SYSTEM NAME: records notices in its inventory of record documents such as reports. Nuclear Program Interview and systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. EXEMPTIONS CLAIMED FOR THE SYSTEM: Screening (September 20, 1993, 58 FR 48852). DATES: The actions will be effective on None. May 14, 1999, unless comments are Reason: Information maintained [FR Doc. 99–9218 Filed 4–13–99; 8:45 am] received that would result in a contrary within this system of records duplicates BILLING CODE 5000±04±F determination. information currently maintained in the ADDRESSES: following Department of the Navy Send comments to the Department of the Navy, PA/FOIA DEPARTMENT OF DEFENSE systems of records: N01070–3, N01080– 2, N01131–1, and N12950–5. Therefore, Policy Branch, Chief of Naval Operations (N09B30), 2000 Navy Department of the Navy the Navy is deleting this duplicative system of records. Pentagon, Washington, DC 20350–2000. Privacy Act of 1974; System of FOR FURTHER INFORMATION CONTACT: Mrs. Records N01070±14 Doris Lama at (202) 685–6545 or DSN 325–6545. SYSTEM NAME: AGENCY: Department of the Navy, DoD. SUPPLEMENTARY INFORMATION: The ACTION: Delete records systems. Next of Kin Information for Sea Trial Department of the Navy’s record system Riders (February 22, 1993, 58 FR notices for records systems subject to SUMMARY: The Department of the Navy 10704). the Privacy Act of 1974 (5 U.S.C. 552a), proposes to delete six systems of records Reason: System of records is no longer as amended, have been published in the notices in its inventory of record needed. Records have been destroyed. Federal Register and are available from systems subject to the Privacy Act of the address above. 1974 (5 U.S.C. 552a), as amended. N01070±15 The Department of the Navy proposes DATES: The actions will be effective on SYSTEM NAME: to amend systems of records notices in May 14, 1999 unless comments are its inventory of record systems subject received that would result in a contrary Nuclear-Trained Naval Officers to the Privacy Act of 1974 (5 U.S.C. determination. (February 22, 1993, 58 FR 10704). 552a), as amended. The amendments are ADDRESSES: Send comments to the Reason: Information maintained not within the purview of subsection (r) Department of the Navy, PA/FOIA within this system of records duplicates of the Privacy Act of 1974 (5 U.S.C. Policy Branch, Chief of Naval information currently maintained in the 552a), as amended, which requires the Operations (N09B30), 2000 Navy following Department of the Navy submission of new or altered system Pentagon, Washington, DC 20350–2000. systems of records: N01070–3, N01080– reports. FOR FURTHER INFORMATION CONTACT: Mrs. 2, N01131–1, and N12950–5. Therefore, Dated: April 8, 1999. Doris Lama at (202) 685–6545 or DSN the Navy is deleting this duplicative 325–6545. system of records. L. M. Bynum, SUPPLEMENTARY INFORMATION: The N01572±1 Alternate OSD Federal Register Liaison Department of the Navy’s record system Officer, Department of Defense. SYSTEM NAME: notices for records systems subject to N01000±2 the Privacy Act of 1974 (5 U.S.C. 552a), NJAG Reserve Officer Questionnaires as amended, have been published in the (February 22, 1993, 58 FR 10719). SYSTEM NAME: Federal Register and are available from Reason: Program was discontinued Naval Discharge Review Board the address above. several years ago. All files have been Proceedings (March 18, 1997, 62 FR The Department of the Navy proposes destroyed. 12806). to delete systems of records notices in its inventory of record systems subject N04600±1 CHANGES: to the Privacy Act of 1974 (5 U.S.C. * * * * * 552a), as amended. The deletions are SYSTEM NAME: not within the purview of subsection (r) Portable Asset Control Environment SYSTEM LOCATION: of the Privacy Act of 1974 (5 U.S.C. (PACE) (February 22, 1993, 58 FR Delete entry and replace with ‘Naval 552a), as amended, which requires the 10744). Discharge Review Board, Washington
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Navy Yard, 720 Kennon Street SE, Room former member’s applications for review Washington Navy Yard, 720 Kennon 309, Washington, DC 20374-5023.’ of discharge or dismissal and any Street SE, Room 309, Washington, DC * * * * * subsequent application by the member; 20374-5023. to answer inquiries on behalf of or from SAFEGUARDS: the former member or counsel regarding NOTIFICATION PROCEDURE: Delete entry and replace with the action taken in the former member’s Individuals seeking to determine ‘Computerized data base is password case. The file is used by members of the whether information about themselves protected and access is limited. The Board for Correction of Naval Records is contained in this system should office is locked at the close of business. when reviewing any subsequent address written inquiries to the Director, The office is located in a building on a application by the former member for a Naval Council of Personnel Boards, military installation which has 24-hour correction of records relative to the Department of the Navy, Washington gate sentries and 24-hour roving former member’s discharge or dismissal. Navy Yard, 720 Kennon Street SE, Room patrols.’ 309, Washington, DC 20374-5023. ROUTINE USES OF RECORDS MAINTAINED IN THE * * * * * SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD ACCESS PROCEDURES: THE PURPOSES OF SUCH USES: SYSTEM MANAGER(S) AND ADDRESS: In addition to those disclosures Individuals seeking access to Delete entry and replace with generally permitted under 5 U.S.C. information about themselves contained ‘Director, Naval Council of Personnel 552a(b) of the Privacy Act, these records in this system should address written Boards, Department of the Navy, or information contained therein may inquiries to the Director, Naval Council Washington Navy Yard, 720 Kennon specifically be disclosed outside the of Personnel Boards, Department of the Street SE, Room 309, Washington, DC DoD as a routine use pursuant to 5 Navy, Washington Navy Yard, 720 20374-5023.’ U.S.C. 552a(b)(3) as follows: Kennon Street SE, Room 309, * * * * * The file is used by counsel for the Washington, DC 20374-5023. former member, and by accredited CONTESTING RECORD PROCEDURES: N01000±2 representatives of veterans’ The Navy’s rules for accessing SYSTEM NAME: organizations recognized by the Secretary, Department of Veterans records, and for contesting contents and Naval Discharge Review Board appealing initial agency determinations Proceedings. Affairs under 38 U.S.C. 3402 and duly designated by the former member as his are published in Secretary of the Navy SYSTEM LOCATION: or her representative before the Naval Instruction 5211.5; 32 CFR part 701; or may be obtained from the system Naval Discharge Review Board, Discharge Review Board. manager. Washington Navy Yard, 720 Kennon Officials of the Department of Justice and the United States Attorneys offices Street SE, Room 309, Washington, DC RECORD SOURCE CATEGORIES: 20374-5023. assigned to the particular case. The ‘Blanket Routine Uses’ that Information contained in the files is CATEGORIES OF INDIVIDUALS COVERED BY THE appear at the beginning of the Navy’s obtained from the former member or SYSTEM: compilation of systems of records those acting on the former member’s Former Navy and Marine Corps notices apply to this system. behalf, from military personnel and personnel who have submitted medical records, and from records of POLICIES AND PRACTICES FOR STORING, applications for review of discharge or law enforcement investigations. RETRIEVING, ACCESSING, RETAINING, AND dismissal pursuant to 10 U.S.C. 1553, or DISPOSING OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: whose discharge or dismissal has been or is being reviewed by the Naval STORAGE: None. Paper records in file folders; Discharge Review Board, on its own N01000±5 motion, or pursuant to an application by microfiche; plastic recording disks; a deceased former member’s next of kin. recording cassettes; and computerized SYSTEM NAME: data base. CATEGORIES OF RECORDS IN THE SYSTEM: Naval Clemency and Parole Board RETRIEVABILITY: Files (July 22, 1997, 62 FR 39225). The file contains the former member’s Name, docket number, and/or Social application for review of discharge or CHANGES: Security Number. dismissal, any supporting documents * * * * * submitted therewith, copies of SAFEGUARDS: correspondence between the former Computerized data base is password SSYSTEM LOCATION: member or his counsel and the Naval protected and access is limited. The Delete entry and replace with ‘Naval Discharge Review Board and other office is locked at the close of business. Clemency and Parole Board, correspondence concerning the case, The office is located in a building on a Washington Navy Yard, 720 Kennon and a summarized record of proceedings military installation which has 24-hour Street SE, Room 309, Washington, DC before the Board. gate sentries and 24-hour roving patrols. 20374-5023.’
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETENTION AND DISPOSAL: * * * * * 10 U.S.C. 1553 and E.O. 9397 (SSN). Files are transferred to the SYSTEM MANAGER(S) AND ADDRESS: Washington Federal Records Center, PURPOSE(S): Delete entry and replace with 4205 Suitland Road, Suitland, MD Selected information is used to ‘Director, Naval Council of Personnel 20409 when case is closed and then Boards, Department of the Navy, defend the Department of the Navy in destroyed after 15 years. civil suits filed against it in the State Washington Navy Yard, 720 Kennon and/or Federal courts system. This SYSTEM MANAGER(S) AND ADDRESS: Street SE, Room 309, Washington, DC information will permit officials and Director, Naval Council of Personnel 20374-5023.’ employees of the Board to consider Boards, Department of the Navy, * * * * *
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N01000±5 The ‘Blanket Routine Uses’ that RECORD SOURCE CATEGORIES: appear at the beginning of the Navy’s SYSTEM NAME: Information contained in the file is compilation of systems of records obtained from the member or former Naval Clemency and Parole Board notices apply to this system. member or from those acting in their Files. behalf, from confinement facilities, from POLICIES AND PRACTICES FOR STORING, SYSTEM LOCATION: RETRIEVING, ACCESSING, RETAINING, AND military commands and offices, from Naval Clemency and Parole Board, DISPOSING OF RECORDS IN THE SYSTEM: personnel service records and medical Washington Navy Yard, 720 Kennon records, and from civilian law STORAGE: Street SE, Room 309, Washington, DC enforcement agencies or individuals. 20374-5023. Paper records and computerized data base. EXEMPTIONS CLAIMED FOR THE SYSTEM: CATEGORIES OF INDIVIDUALS COVERED BY THE Parts of this system may be exempt RETRIEVABILITY: SYSTEM: pursuant to 5 U.S.C. 552a(j)(2) if the Members or former members of the Name and Social Security Number. information is compiled and maintained Navy, Marine Corps, or Coast Guard SAFEGUARDS: by a component of the agency which whose cases have been or are being Files are kept within the Naval performs as its principle function any considered by the Naval Clemency and Clemency and Parole Board activity pertaining to the enforcement of Parole Board. administration office. Access during criminal laws. An exemption rule for this system has CATEGORIES OF RECORDS IN THE SYSTEM: business hours is controlled by Board personnel. The office is locked at the been promulgated in accordance with The file contains individual requirements of 5 U.S.C. 553(b)(1), (2), applications for clemency and/or parole, close of business. Computerized data base is password protected. and 3, (c) and (e) and published in 32 reports and recommendations thereon CFR part 701, subpart G. For additional indicating progress in confinement or RETENTION AND DISPOSAL: information contact the system manager. while awaiting completion of appellate Files are transferred to the review if not confined, or on parole; Washington National Records Center, N01770±3 correspondence between the individual 4205 Suitland Road, Suitland, MD SYSTEM NAME: or his counsel and the Naval Clemency 20409 one year after discharge of and Parole Board or other Navy offices; Naval Academy Cemetery and individual from the naval service. Files Columbarium Records (September 9, other correspondence concerning the are destroyed after 25 years after cut-off. case; the court-martial order and staff 1996, 61 FR 47483). SYSTEM MANAGER(S) AND ADDRESS: Judge Advocate’s review; records of CHANGES: trial; and a summarized record of the Director, Naval Council of Personnel * * * * * proceedings of the Board. Boards, Department of the Navy, Washington Navy Yard, 720 Kennon SYSTEM LOCATION: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Street SE, Room 309, Washington, DC Delete entry and replace with 10 U.S.C. 874(a), 952–954; 20374-5023. ‘Chaplains Center, Mitscher Hall, U.S. SECNAVINST 5815.3H, Department of NOTIFICATION PROCEDURE: Naval Academy, 101 Cooper Road, the Navy Clemency and Parole Systems; Annapolis, MD 21402-5027.’ and E.O. 9397 (SSN). Individuals seeking to determine whether information about themselves * * * * * PURPOSE(S): is contained in this system should STORAGE: The file is used in conjunction with address written inquiries to the Director, periodic review of the member’s or Add to entry ‘and computer generated Naval Council of Personnel Boards, reports.’ former member’s case to determine Department of the Navy, Washington whether or not clemency or parole is Navy Yard, 720 Kennon Street SE, Room * * * * * warranted. The file is referred to in 309, Washington, DC 20374-5023. SYSTEM MANAGER(S) AND ADDRESS: answering inquiries from the member or Requests should contain full name Delete entry and replace with former member or their counsel. The file and Social Security Number. is referred to by the Naval Discharge ‘Memorial Affairs Coordinator, U.S. Review Board and the Board for RECORD ACCESS PROCEDURES: Naval Academy, Mitscher Hall, 101 Correction of Naval Records in Individuals seeking access to Cooper Road, Annapolis, MD 21402- conjunction with their subsequent information about themselves contained 5027.’ review of applications from members or in this system should address written * * * * * inquiries to the Director, Naval Council former members. The file is also used by N01770±3 counsel in connection with of Personnel Boards, Department of the representation of members or former Navy, Washington Navy Yard, 720 SYSTEM NAME: members before the Naval Clemency Kennon Street SE, Room 309, Naval Academy Cemetery and and Parole Board. Washington, DC 20374-5023. Columbarium Records. Requests should contain full name ROUTINE USES OF RECORDS MAINTAINED IN THE and Social Security Number. SYSTEM LOCATION: SYSTEM, INCLUDING CATEGORIES OF USERS AND Chaplains Center, Mitscher Hall, U.S. THE PURPOSES OF SUCH USES: CONTESTING RECORD PROCEDURES: Naval Academy, 101 Cooper Road, In addition to those disclosures The Navy’s rules for accessing Annapolis, MD 21402-5027. generally permitted under 5 U.S.C. records, and for contesting contents and 552a(b) of the Privacy Act, these records appealing initial agency determinations CATEGORIES OF INDIVIDUALS COVERED BY THE or information contained therein may are published in Secretary of the Navy SYSTEM: specifically be disclosed outside the Instruction 5211.5; 32 CFR part 701; or Those eligible to reserve a lot for DoD as a routine use pursuant to 5 may be obtained from the system future burial in the Naval Academy U.S.C. 552a(b)(3) as follows: manager. Cemetery. Deceased individuals
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Government Headstone or Marker for RETRIEVABILITY: N01850±1 Installation in a Private or Local Alphabetically by last name and SYSTEM NAME: Cemetery (VA Form 40–1330), Lot numerically by lot number. Marker (NDW–USNA–DMC–1170/08), Origins of Disabilities for Retired Columbarium Niche Cover Inscription SAFEGUARDS: Military Members (February 22, 1993, (NDW–USNA–DMC–5370/42), U.S. Records are kept in a building not 58 FR 10727). Naval Academy Internment/Inurement open to general visiting and are CHANGES: Record (NDW–USNA–DMC–5360/43), maintained in an area accessible only to * * * * * U.S. Naval Academy Cemetery Record authorized personnel. Building is under (NDW–USNA–DMC–1170/46), Naval surveillance of security personnel SYSTEM NAME: Academy Foundation Order (NDW– during non-working hours. Microfiche Delete entry and replace with USNA–DMC–5360/09), and records are kept in the Naval Academy ‘Disabilities of Separated/Retired correspondence to and from Archives which is not open to general Military Members’. individuals. Specifically, information visiting and is locked during non- contained on the forms or working hours. SYSTEM LOCATION: correspondence may be: Full name, Delete entry and replace with ‘Office home address, rank, service, Social RETENTION AND DISPOSAL: of the Judge Advocate General (Code Security Number, date and place of Records are permanent. They are 13), Department of the Navy, birth, date and place of death, marital retained after the individual is Washington Navy Yard, 1322 Patterson status, name of father and mother, name deceased. Avenue, SE, Suite 3000, Washington, of next of kin and their address, DC 20374-5066.’ telephone number, date of birth and SYSTEM MANAGER(S) AND ADDRESS: date of death (if applicable), date and Memorial Affairs Coordinator, U.S. CATEGORIES OF INDIVIDUALS COVERED BY THE place of burial, lot number and other Naval Academy, Mitscher Hall, 101 SYSTEM: information relating to burial Cooper Road, Annapolis, MD 21402- Delete entry and replace with ‘Retired arrangements. 5027. or former members of the Navy or Marine Corps who have been separated AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NOTIFICATION PROCEDURE: for a disability or placed on the 5 U.S.C. 301, Departmental Individuals seeking to determine Temporary Disability Retired List or Regulations; 10 U.S.C. 1481–1488; 44 whether information about themselves Permanent Disability Retired List who U.S.C. 3101; and E.O. 9397 (SSN). is contained in this system should have applied for income tax exclusion address written inquiries to the and/or applied for Federal civilian PURPOSE(S): Memorial Affairs Coordinator, U.S. employment or retirement.’ To maintain official records of Naval Academy, Mitscher Hall, 101 CATEGORIES OF RECORDS IN THE SYSTEM: individuals holding grave site Cooper Road, Annapolis, MD 21402- Delete entry and replace with reservations and/or individuals 5027. ‘Correspondence from individual interred/inured in the Naval Academy Requests should contain name, rank, originating request; Office of Personnel Cemetery or Columbarium. Records are and year of graduation from the U.S. Management or any federal agencies used to respond to general inquiries Naval Academy. employing such individuals; Chief, from individuals holding grave site Bureau of Medicine and Surgery reservations, to verify eligibility of RECORD ACCESS PROCEDURES: historical narratives and opinions spouses of an officer or enlisted person Individuals seeking access to concerning the origins of disabilities of of the Navy or Marine Corps who is information about themselves contained individuals on whom determinations interred/inured in the Naval Academy in this system should address written have been requested; copies of Judge Cemetery or Columbarium. inquiries to the Memorial Affairs Advocate General determinations; and Coordinator, U.S. Naval Academy, related correspondence.’ ROUTINE USES OF RECORDS MAINTAINED IN THE Mitscher Hall, 101 Cooper Road, SYSTEM, INCLUDING CATEGORIES OF USERS AND Annapolis, MD 21402-5027. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: THE PURPOSES OF SUCH USES: Requests should contain name, rank, Delete entry and replace with ‘5 In addition to those disclosures and year of graduation from the U.S. U.S.C. 301, Departmental Regulations; 5 generally permitted under 5 U.S.C. Naval Academy. U.S.C. 3501(a), 5532(d), 6303(a), 552a(b) of the Privacy Act, these records 8332(c), 8411(b); 26 U.S.C. 104(b); 44 CONTESTING RECORD PROCEDURES: or information contained therein may U.S.C. 3101; and 50 U.S.C. 403, 2082.’ specifically be disclosed outside the The Navy’s rules for accessing DoD as a routine use pursuant to 5 records, and for contesting contents and PURPOSE(S): U.S.C. 552a(b)(3) as follows: appealing initial agency determinations Delete entry and replace with The ‘Blanket Routine Uses’ that are published in Secretary of the Navy ‘Information is used for determinations appear at the beginning of the Navy’s Instruction 5211.5; 32 CFR part 701; or concerning the eligibility of individuals compilation of systems of records may be obtained from the system to certain benefits connected with notices apply to this system. manager. Federal taxation of compensation for
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Individuals seeking to determine of federal taxation only, an injury or whether this system of records contains sickness incurred while engaged in PURPOSE(S): information about themselves should extra-hazardous service or under Information is used for address written inquiries to the conditions simulating war.’ determinations concerning the Assistant Judge Advocate General eligibility of individuals to certain (Administrative Law), Office of the ROUTINE USES OF RECORDS MAINTAINED IN THE benefits connected with Federal Judge Advocate General, Washington SYSTEM, INCLUDING CATEGORIES OF USERS AND taxation of compensation for injuries or Navy Yard, 1322 Patterson Avenue SE, THE PURPOSES OF SUCH USES: sickness and/or Federal civilian Suite 3000, Washington, DC 20374- Amend second paragraph to read employment benefits available to those 5066. The request should contain the full ‘Determinations are provided, upon disabled in combat with enemies of the name of the individual concerned and request, to any Federal agency U.S. or having disabilities caused or the approximate date on which relief employing members who are retired or aggravated by instrumentalities of war was requested. Written request must be separated from the Naval service for or in the case of federal taxation only, signed by the requesting individual. disability.’ an injury or sickness incurred while Visits may be made to the * * * * * engaged in extra-hazardous service or under conditions simulating war. Administrative Law Division (Code 13), Office of the Judge Advocate General, SYSTEM MANAGER(S) AND ADDRESS: ROUTINE USES OF RECORDS MAINTAINED IN THE Suite 7000, Presidential Towers, 2611 Delete entry and replace with SYSTEM, INCLUDING CATEGORIES OF USERS AND South Jefferson Davis Highway, ‘Assistant Judge Advocate General THE PURPOSES OF SUCH USES: Arlington, VA 22209. Armed Forces’ (Administrative Law), Office of the In addition to those disclosures identification card or state driver’s Judge Advocate General, Washington generally permitted under 5 U.S.C. license is required for identification. Navy Yard, 1322 Patterson Avenue SE, 552a(b) of the Privacy Act, these records RECORD ACCESS PROCEDURES: Suite 3000, Washington, DC 20374- or information contained therein may 5066.’ specifically be disclosed outside the Individuals seeking access to records * * * * * DoD as a routine use pursuant to 5 about themselves should address U.S.C. 552a(b)(3) as follows: written inquiries to the Assistant Judge N01850±1 Determinations are provided, upon Advocate General (Administrative Law), Office of the Judge Advocate General, SYSTEM NAME: request, to any Federal agency employing members who are retired or Washington Navy Yard, 1322 Patterson Disabilities of Separated/Retired separated from the Naval service for Avenue SE, Suite 3000, Washington, DC Military Members. disability. 20374-5066. The ‘Blanket Routine Uses’ that The request should contain the full SYSTEM LOCATION: appear at the beginning of the Navy’s name of the individual concerned and Office of the Judge Advocate General compilation of system of record notices the approximate date on which relief (Code 13), Department of the Navy, also apply to this system. was requested. Written request must be Washington Navy Yard, 1322 Patterson signed by the requesting individual. Avenue, SE, Suite 3000, Washington, POLICIES AND PRACTICES FOR STORING, Visits may be made to the DC 20374-5066. RETRIEVING, ACCESSING, RETAINING, AND Administrative Law Division (Code 13), DISPOSING OF RECORDS IN THE SYSTEM: Office of the Judge Advocate General, CATEGORIES OF INDIVIDUALS COVERED BY THE STORAGE: Suite 7000, Presidential Towers, 2611 SYSTEM: Records are maintained in file folders. South Jefferson Davis Highway, Retired or former members of the Arlington, VA 22209. Armed Forces’ Navy or Marine Corps who have been RETRIEVABILITY: identification card or state driver’s separated for a disability or placed on By name of individual. license is required for identification. the Temporary Disability Retired List or SAFEGUARDS: CONTESTING RECORD PROCEDURES: Permanent Disability Retired List who The Navy’s rules for accessing have applied for income tax exclusion Files are maintained in file cabinets under the control of authorized records, and for contesting contents and and/or applied for Federal civilian appealing initial agency determinations employment or retirement. personnel during working hours; the office space in which the file cabinets are published in Secretary of the Navy CATEGORIES OF RECORDS IN THE SYSTEM: are located is locked outside official Instruction 5211.5; 32 CFR Part 701; or working hours. may be obtained from the system Correspondence from individual manager. originating request; Office of Personnel RETENTION AND DISPOSAL: Management or any federal agencies Retire to Washington National RECORD SOURCE CATEGORIES: employing such individuals; Chief, Records Center, 4205 Suitland Road, Employment information in the Bureau of Medicine and Surgery Suitland, MD 20409 for storage when system is submitted by the individuals historical narratives and opinions one year old. Destroy when 75 years old. concerned or the federal agencies concerning the origins of disabilities of employing them. Medical information individuals on whom determinations SYSTEM MANAGER(S) AND ADDRESS: in the system is obtained from the have been requested; copies of Judge Assistant Judge Advocate General individuals’ medical records, physical Advocate General determinations; and (Administrative Law), Office of the evaluation board records, and service related correspondence. Judge Advocate General, Washington records.
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EXEMPTIONS CLAIMED FOR THE SYSTEM: the case; correspondence from and to SAFEGUARDS: None. the member, members of Congress, Files are maintained in file cabinets or attorneys, and other interested other storage devices under the control N01850±2 members; and documents concerning of authorized personnel during working SYSTEM NAME: the appointment of trustees for mentally hours. Computerized system is Physical Disability Evaluation System incompetent service members. password protected. Access during working hours is controlled by Board Proceedings (March 18, 1997, 62 FR AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 12806). personnel and the office space in which 10 U.S.C. 1216 and E.O. 9397 (SSN). the file cabinets and storage devices are CHANGES: PURPOSE(S): located is locked after official working * * * * * hours. The office is located in a building To determine fitness for duty or on a military installation which has 24- SYSTEM LOCATION: eligibility for separation or retirement hour gate sentries and 24-hour roving Delete entry and replace with due to physical disability of Navy and patrols. ‘Physical Evaluation Board, Washington Marine Corps personnel, by establishing Navy Yard, 720 Kennon Street SE, Room the existence of disability, the degree of RETENTION AND DISPOSAL: 309, Washington, DC 20374–5023.’ disability, and the circumstances under Records are retained on-site at the * * * * * which the disability was incurred, and Naval Council of Personnel Boards for to respond to official inquiries one year. After that, they are retired to SAFEGUARDS: concerning the disability evaluation the Washington National Records Replace last sentence of entry with proceedings of particular service Center, 4205 Suitland Road, Suitland, ‘The office is located in a building on a personnel. MD 20409 for retention. After a total of military installation which has 24-hour Used by the Office of the Judge 75 years, records are destroyed. gate sentries and 24-hour roving Advocate General relating to legal patrols.’ review of disability evaluation SYSTEM MANAGER(S) AND ADDRESS: * * * * * proceedings; response to official Director, Naval Council of Personnel inquiries concerning the disability Boards, Department of the Navy, SYSTEM MANAGER(S) AND ADDRESS: evaluation proceedings of particular Washington Navy Yard, 720 Kennon Delete entry and replace with service personnel; to obtain information Street SE, Room 309, Washington, DC ‘Director, Naval Council of Personnel in order to initiate claims against third 20374-5023. Boards, Department of the Navy, parties for recovery of medical expenses Washington Navy Yard, 720 Kennon under the Medical Care Recovery Act NOTIFICATION PROCEDURE: Street SE, Room 309, Washington, DC (42 U.S.C. 2651–2653); and to obtain Individuals seeking to determine 20374-5023.’ information on personnel determined to whether information about themselves * * * * * be mentally incompetent to handle their is contained in this system should own financial affairs, in order to appoint address written inquiries to the Director, N01850±2 trustees to receive their retired pay. Naval Council of Personnel Boards, Department of the Navy, Washington SYSTEM NAME: ROUTINE USES OF RECORDS MAINTAINED IN THE Navy Yard, 720 Kennon Street SE, Room Physical Disability Evaluation System SYSTEM, INCLUDING CATEGORIES OF USERS AND 309, Washington, DC 20374-5023. THE PURPOSES OF SUCH USES: Proceedings. Written requests for information SYSTEM LOCATION: In addition to those disclosures should contain the full name of the generally permitted under 5 U.S.C. Physical Evaluation Board, individual, military grade or rate, and 552a(b) of the Privacy Act, these records Washington Navy Yard, 720 Kennon date of Disability Evaluation System or information contained therein may Street SE, Room 309, Washington, DC action. Written requests must be signed specifically be disclosed outside the 20374–5023. by the requesting individual. DoD as a routine use pursuant to 5 CATEGORIES OF INDIVIDUALS COVERED BY THE U.S.C. 552a(b)(3) as follows: RECORD ACCESS PROCEDURES: SYSTEM: To officials and employees of the Individuals seeking access to All Navy and Marine Corps personnel Department of Veterans Affairs to verify information about themselves contained who have been considered by a Physical information of service connected in this system should address written Evaluation Board for separation or disabilities in order to evaluate inquiries to the Director, Naval Council retirement by reason of physical applications for veteran’s benefits. of Personnel Boards, Department of the disability (including those found fit for The ‘Blanket Routine Uses’ that Navy, Washington Navy Yard, 720 duty by such boards). appear at the beginning of the Navy’s Kennon Street SE, Room 309, compilation of systems of records Washington, DC 20374-5023. CATEGORIES OF RECORDS IN THE SYSTEM: notices apply to this system. Written requests for information File contains medical board reports; should contain the full name of the POLICIES AND PRACTICES FOR STORING, statements of findings of physical individual, military grade or rate, and evaluation boards; medical reports from RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: date of Disability Evaluation System Department of Veterans Affairs and action. Written requests must be signed civilian medical facilities; copies of STORAGE: by the requesting individual. military health records; copies of JAG Paper and automated records, Manual investigations; copies of prior microfiche, and cassette recordings. CONTESTING RECORD PROCEDURES: actions/appellate actions/review taken The Navy’s rules for accessing in the case; recordings of physical RETRIEVABILITY: records, and for contesting contents and evaluation board hearings; rebuttals Year of disability proceeding, name, appealing initial agency determinations submitted by the member; intra and record number, and Social Security are published in Secretary of the Navy interagency correspondence concerning Number within that year. Instruction 5211.5; 32 CFR part 701; or
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.093 pfrm02 PsN: 14APN1 18416 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices may be obtained from the system given confidential treatment, on a Commission’s October 30, 1997 Order in manager. temporary basis, in accordance with these proceedings. Section 388.112 of the Commission’s Any person desiring to be heard or to RECORD SOURCE CATEGORIES: regulations (18 CFR 388.112). protest such filing should file a motion Military medical boards and medical Interventions and protests on the report, to intervene or protest with the Federal facilities; Department of Veterans as previously released on March 25, Energy Regulatory Commission, 888 Affairs and civilian medical facilities; 1999, should be filed on or before April First Street, N.E., Washington, D.C. physical evaluation boards and other 12, 1999. The report filed on April 6, 20426, in accordance with Rules 211 activities of the disability evaluation 1999 releases this information from a and 214 of the Commission’s Rules of system, Naval Council of Personnel claim of confidentiality. The report filed Practice and Procedure (18 CFR 385.211 Boards, the Bureau of Medicine and on April 6, 1999 also contains several and 385.214). All such motions and Surgery; the Judge Advocate General; attachments which were not included in protests should be filed on or before Navy and Marine Corps local command the March 25, 1999 filing of the report. April 19, 1999. Protests will be activities; other activities of the The ISO has served copies of the considered by the Commission to Department of Defense; and report, including these attachments and determine the appropriate action to be correspondence from private counsel the previously confidential information, taken, but will not serve to make and other interested persons. upon the official service list in the protestants parties to the proceedings. Any person wishing to become a party EXEMPTIONS CLAIMED FOR THE SYSTEM: above-captioned proceedings. Any person desiring to be heard or to must file a motion to intervene. Copies None. protest such filing should file a motion of this filing are on file with the [FR Doc. 99–9219 Filed 4–13–99; 8:45 am] to intervene or protest with the Federal Commission and are available for public BILLING CODE 5001±10±F Energy Regulatory Commission, 888 inspection. This filing may also be First Street, NE., Washington, DC 20426, viewed on the Internet at http:// in accordance with Rules 211 and 214 www.ferc.fed.us/online/rims.htm (call DEPARTMENT OF ENERGY of the Commission’s Rules of Practices 202–208–2222 for assistance). and Procedures (18 CFR 385.211 and Linwood A. Watson, Jr., Federal Energy Regulatory 385.214). All such motions and protests Acting Secretary. Commission regarding the newly released material [FR Doc. 99–9294 Filed 4–13–99; 8:45 am] [Docket No. ER98±2843±007; etc.] should be filed on or before April 19, BILLING CODE 6717±01±M 1999. Protests will be considered by the AES Redondo Beach, LLC et al.; Notice Commission to determine the of Filing appropriate action to be taken, but will DEPARTMENT OF ENERGY not serve to make protestants parties to April 8, 1999. the proceedings. Any person wishing to Federal Energy Regulatory In the matter of: AES Redondo Beach, LLC, become a party must file a motion to Commission Docket No. ER98–2843–007, AES Huntington intervene. Copies of this filing are on [Docket No. RP95±408±028] Beach, LLC, Docket No. ER98–2844–007, file with the Commission and are AES Alamitos, LLC, Docket No. ER98–2883– available for public inspection. This Columbia Gas Transmission 007 (Not Consolidated), Long Beach Corporation; Notice of Filing Generation, LLC, Docket No. ER98–2972– filing may also be viewed on the 008, EL Segundo Power, LLC, Docket No. Internet at http://www.ferc.fed.us/ April 8, 1999. ER98–2971–007 (Not Consolidated), Ocean online/rims.htm (call 202–208–2222 for Take notice that on April 6, 1999, Vista Power Generation, LLC, Mountain Vista assistance). Columbia Gas Transmission Corporation Power Generation, LLC, Alta Power Linwood A. Watson, Jr., Generation, LLC, Docket No. ER98–2977– (Columbia) tendered for filing its report Acting Secretary. 006, Oeste Power Generation, LLC, Ormond on the sharing with its customers of a Beach Power Generation, LLC, Williams [FR Doc. 99–9295 Filed 4–13–99; 8:45 am] portion of the profits from the sale of Energy Services Company, Docket No. ER98– BILLING CODE 6717±01±M certain base gas as provided in 3106–004, Duke Energy Oakland, LLC, Columbia’s Docket No. RP95–408 rate Docket No. ER98–3416–006, Duke Energy case settlement. Morro Bay, Docket No. ER98–3417–006, DEPARTMENT OF ENERGY Columbia states that its approved Duke Energy Moss Landing, Docket No. settlement in Docket No. RP95–408 ER98–3418–006 (Not Consolidated), and Federal Energy Regulatory provides for the sharing with customers Southern California Edison Company, Docket Commission a portion of the profits from certain base No. EL98–62–005. gas sales. See Stipulation II, Article IV, Take notice that on April 6, 1999, the [Docket Nos. EC96±19±049 and ER96±1663± Sections A through E, in Docket No. 051] Market Surveillance Committee (MSC) RP95–408 approved at Columbia Gas of the California Independent System California Power Exchange Transmission Corp., 79 FERC 61,044 Operator Corporation (ISO) filed with Corporation; Notice of Filing (1997). Sales of base gas have generated the Federal Energy Regulatory additional profits of $7,645,758 (above a Commission its ‘‘Report on Redesign of April 8, 1999. $21.4 million threshold) requiring a Markets for Ancillary Services and Real- Take notice that on March 30, 1999, sharing of 10 percent of the excess Time Energy’’ prepared in compliance California Power Exchange Corporation profits with customers in accordance with the Commission’s October 28, 1998 (PX) filed two reports. The first report with Stipulation II, Article IV, Section Order and March 22, 1999 letter order concerns the relative benefits of a C. Consequently, 10 percent of such in the above-captioned proceedings. The Simultaneous versus Sequential Market profits, totaling $771,906, inclusive of MSC had previously submitted this for Energy and Ancillary Services. The interest, have been allocated to affected report to the Commission on March 25, second report relates to the format of the customers and credited to their April 1999 with a request that certain PX’s Auction Process. These reports are invoices, which credits remain subject information contained in the report be being submitted in compliance with the to Commission acceptance of this filing.
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Columbia states that copies of its compressor units, each rated at 7,400 hp necessity. If a petition for leave to filing have been mailed to all firm (NEMA), added as part of the 1998 intervene is timely filed, or if the customers, interruptible customers, and Expansion Project, at the manufacturer’s Commission, on its own motion believes affected state commissions. current nameplate rating of 8,330 hp that a formal hearing is required, further Any person desiring to protest said (NEMA). Great Lakes states that one unit notice of such hearing will be duly filing should file a protest with the was installed at its St. Vincent given. Federal Energy Regulatory Commission, Compressor Station (Compressor Station Under the procedure herein provided 888 First Street, NE, Washington, DC No. 1) located in Kittson County, for, unless otherwise advised, it will be 20426, in accordance with section Minnesota, and the other at its Farwell unnecessary for Applicant to appear or 385.211 Commission’s and Regulations. Compressor Station (Compressor Station be represented at the hearing. All such protests must be filed on or No. 12), located in Clare County, Linwood A. Watson, Jr, before April 25, 1999. Protests will be Michigan. Acting Secretary. considered by the Commission in Great Lakes declares that no [FR Doc. 99–9232 Filed 4–13–99; 8:45 am] determining the appropriate action to be mechanical alterations of the units will BILLING CODE 6717±01±M taken, but will not serve to make be required in order to obtain the protestants parties to the proceedings. increased horsepower, which will be Copies of this filing are on file with the accomplished by changes in control DEPARTMENT OF ENERGY Commission and are available for public modifications. Consequently, Great inspection in the Public Reference Lakes asserts that there will be no Federal Energy Regulatory Room. This filing may be viewed on the construction costs associated with Commission web at http://www.ferc.fed.us/online/ increasing the rates horsepower of the [Docket No. CP99±280±000] rims.htm (call 202–208–2222 for two units. assistance). Great Lakes states that the increased National Fuel Gas Supply Corporation; Linwood A. Watson, Jr., horsepower will only have a minor Notice of Application Acting Secretary. impact on system capacity. Great Lakes April 8, 1999. [FR Doc. 99–9240 Filed 4–13–99; 8:45 am] declares that the increase in horsepower will nevertheless be useful for their Take notice that on March 31, 1999, BILLING CODE 6717±01±M operational requirements, contributing National Fuel Gas Supply Corporation to system flexibility and efficiency, and (National Fuel), 10 Lafayette Square, DEPARTMENT OF ENERGY will also reduce overall system fuel Buffalo, New York 14203, filed an usage as compared to transporting an application in Docket No. CP99–280– Federal Energy Regulatory equivalent average day volume of 000 pursuant to Section 7(b) of the Commission natural gas. Natural Gas Act and Part 157 of the Any person desiring to be heard or to Commission’s Regulations, for authority [Docket No. CP96±647±001] make any protest with reference to said to abandon a storage line, all as more Great Lakes Gas Transmission Limited Application should on or before April fully set forth in the application on file Partnership; Notice of Application 29, 1999, filed with the Federal Energy with the Commission and open to Regulatory Commission, 888 First public inspection. This filing may be April 8, 1999. Street, NE, Washington, DC 20426, a viewed on the web at http:// Take notice that on April 2, 1999, motion to intervene or a protest in www.ferc.fed.us/online/rims.htm (call Great Lakes Gas Transmission Limited accordance with the requirements of the 202–208–2222 for assistance). Partnership (Great Lakes), One Commission’s Rules of Practice and Specifically, National Fuel proposes Woodward Avenue, Suite 1600, Detroit, Procedure (18 CFR 385.211 or 18 CFR to abandon a well line, designated Line Michigan 48226, filed in Docket No. 385.214) and the Regulations under the SW–386, in its East Branch Storage CP96–647–001 an application pursuant Natural Gas Act (18 CFR 157.10). All Field located in Mckean County, to Section 7(c) of the Natural Gas Act to protests filed with the Commission will Pennsylvania. National Fuel proposes to amend the certificate of public be considered by it in determining the abandon Line SW–386 because the line convenience and necessity issued on appropriate action to be taken but will serves no purpose since the well it is October 21, 1997, in Docket No. CP96– not serve to make the protestants parties connected to, Well 386–P, was plugged 647–000, Great Lakes Gas Transmission to the proceeding. Any person wishing and abandoned pursuant to the Limited Partnership, 81 FERC ¶ 61,075, to become a party to a proceeding or to Commission’s regulations at 18 CFR Part (1997). Specifically, Great Lakes seeks participate as a party in any hearing 284, Subpart I. National Fuel states that authorization to operate two recently therein must file a motion to intervene the abandonment of Line SW–386 will installed compressor units at the in accordance with the Commission’s have no significant environmental manufacturer’s updated nameplate rules. impact because Line SW–386 is above- horsepower rating, rather than the Take further notice that pursuant to ground and no excavation will be currently certificated horsepower the authority contained in and subject to required. associated with those units, all as more the jurisdiction conferred upon the Any person desiring to be heard or to fully set forth in the application which Commission by sections 7 and 15 of the make a protest with reference to said is on file with the Commission and open Natural Gas Act and the Commission’s application should on or before April to public inspection. This filing may be Rules of Practice and Procedure, a 29, 1999, file with the Federal Energy viewed on the web at http:// hearing will be held without further Regulatory Commission, 888 First www.ferc.fed.us/online/rims.htm (call notice because the Commission or its Street, NE, Washington, DC 20426, a 202–208–2222 for assistance). designee on this Application if no motion to intervene or protest in Great Lakes requests a certificate of petition to intervene is filed within the accordance with the requirements of the public convenience and necessity time required herein, if the Commission Commissions Rules of Practice and authorizing it to amend the certificate on its own review of the matter finds Procedure (18 CFR 385.214 or 385.211) issued in Docket No. CP96–647–000 so that a grant on the abandonment is and the Regulations under the Natural as to operate the two Solar Taurus 70 required by the public convenience and Gas Act (18 CFR 157.10). All protests
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.096 pfrm02 PsN: 14APN1 18418 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices filed with the Commission will be forth in the request that is on file with reallocate a portion of its receipt point considered by it in determining the the Commission and open to public capacity or pay additional facility appropriate action to be taken but will inspection. The application may be charges if Northwest initiates an not serve to make the protestant a party viewed on the web at www.ferc.fed.us. expansion project to reduce required to the proceeding. Any person wishing Call (202) 208–2222 for assistance. south flow displacement. The tariff to become a party to a proceeding or to Northern states that it requests sheets are submitted to add such participate as a party in any hearing authority to upgrade the existing TBS at agreements to the list of non-conforming therein must file a motion to intervene an estimated cost of $85,000 to provide service agreements contained in in accordance with the Commission’s incremental natural gas deliveries to Northwest’s tariff. Rules. MidAmerican under currently effective Any person desiring to be heard or to Take further notice that, pursuant to throughput service agreements. protest said filing should file a motion the authority contained in and subject to Estimated incremental volumes to to intervene or a protest with the the jurisdiction conferred upon the MidAmerican at this TBs will be 275 Federal Energy Regulatory Commission, Commission by Sections 7 and 15 of the MMBtu on a peak day and 8,250 MMBtu 888 First Street, NE., Washington, DC Natural Gas Act and the Commissions on an annual basis. 20426, in accordance with sections Rules of Practice and Procedure, a Any person or the Commission’s staff 385.214 or 385.211 of the Commission’s hearing will be held without further may, within 45 days after issuance of Rules and Regulations. All such motions notice before the Commission or its the instant notice by the Commission, or protests must be filed in accordance designee on this application if no file pursuant to Rule 214 of the with section 154.210 of the motion to intervene is filed within the Commission’s Procedural Rules (18 Commission’s Regulations. Protests will time required herein, if the Commission 385.214) a motion to intervene or notice be considered by the Commission in on its own review of the matter finds of intervention and pursuant to section determining the appropriate action to be that permission and approval for the 157.205 of the Regulations under the taken, but will not serve to make proposed abandonment are required by Natural Gas Act (18 CFR 157.205) a protestants parties to the proceedings. the public convenience and necessity. If protest to the request. If no protest is Any person wishing to become a party a motion for leave to intervene is timely filed within the time allowed therefor, must file a motion to intervene. Copies filed, or if the Commission on its own the proposed activity shall be deemed to of this filing are on file with the motion believes that a formal hearing is be authorized effective the day after the Commission and are available for public required, further notice of such hearing time allowed for filing a protest. If a inspection in the Public Reference will be duly given. protest is filed and not withdrawn Room. This filing may be viewed on the Under the procedures herein provide within 30 days after the time allowed web at http://www/ferc.fed.us/online/ for unless otherwise advised, it will be for filing a protest, the instant request rims.htm (call 202–208–2222 for unnecessary for National Fuel to appear shall be treated as an application for assistance). or to be represented at the hearing. authorization pursuant to Section 7 of Linwood A. Watson, Jr., Linwood A. Watson Jr., the Natural Gas Act. Acting Secretary. Acting Secretary. Linwood A. Watson, Jr., [FR Doc. 99–9237 Filed 4–13–99; 8:45 am] [FR Doc. 99–9234 Filed 4–13–99; 8:45 am] Acting Secretary. BILLING CODE 6717±01±M BILLING CODE 6717±01±M [FR Doc. 99–9235 Filed 4–13–99; 8:45 am] BILLING CODE 6717±01±M DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory Federal Energy Regulatory Commission Commission Federal Energy Regulatory Commission [Docket No. TM99±1±37±001] [Docket No. CP99±286±000] [Docket No. GT99±16±000] Northwest Pipeline Corporation; Notice Northern Natural Gas Company; Notice of Compliance Filing of Request Under Blanket Northwest Pipeline Corporation; Notice Authorization of proposed changes in FERC gas April 8, 1999. tariff and filing of non-conforming Take notice that on April 5, 1999, April 8, 1999. service agreements Northwest Pipeline Corporation Take notice that on April 5, 1999, (Northwest) tendered for filing as part of Northern Natural Gas Company April 8, 1999. its FERC Gas Tariff the following tariff (Northern), 1111 South 103rd Street, Take notice that on April 5, 1999, sheets, to be effective May 1, 1999: Omaha, Nebraska 68124–1000, filed in Northwest Pipeline Corporation Docket No. CP99–286–000 a request (Northwest) tendered for filing and Third Revised Volume No. 1 pursuant to sections 157.205, 157.212 acceptance (1) seven non-conforming Eleventh Revised Sheet No. 14; and 157.216 of the Commission’s service agreements, and (2) Third Original Volume No. 2 Regulations under the Natural Gas Act Revised Sheet No. 364 and First Revised (18 CFR 157.205, 157.212 and 157.216) Sheet No. 365 of its FERC Gas Tariff, Twenty-Sixth Revised Sheet No. 2.1 for authorization to upgrade an existing Third Revised Volume No. 1, to be Northwest states that the purpose of Town Border Station (TBS) located in effective May 6, 1999. this filing is to comply with the O’Brien County, Iowa, to provide Northwest states that six of the non- Commission’s letter order dated March incremental natural gas deliveries to conforming service agreements contain 31, 1999 in Docket No. TM99–1–37–000 MidAmerican Energy Company either contract-specific operational flow which directed Northwest to revise its (MidAmerican) under Northern’s order provisions or provisions imposing fuel reimbursement factor (Factor) for blanket certificate issued in Docket No. subordinate primary corridor rights. The Northwest’s transportation service Rate CP82–401–000 pursuant to Section 7 of seventh service agreement contains a Schedules TF–1, TF–2, TI–1 and for all the Natural Gas Act, all as more fully set provision that obligates the shipper to transportation service rate schedules
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By any necessary regulations so that the to intervene or a protest with the mutual agreement, the parties via a proposed tariff sheets may be effective Federal Energy Regulatory Commission, letter dated March 8, 1999, terminated May 1, 1999. 888 First Street, NE, Washington, DC the transportation service. No facilities Northwest states that a copy of this 20426, in accordance with sections would be abandoned in this proposal. filing has been served upon each person 385.214 or 385.211 of the Commission’s designated on the official service list Rules and Regulations. All such motions Any person desiring to be heard or to compiled by the Secretary in this or protests must be filed in accordance make any protest with reference to said proceeding. with Section 154.210 of the application should on or before April Any person desiring to protest this Commission’s Regulations. Protests will 29, 1999, file with the Federal Energy filing should file a protest with the be considered by the Commission in Regulatory Commission, 888 First Federal Energy Regulatory Commission, determining the appropriate action to be Street, N.E., Washington, D.C. 20426, a 888 First Street, NE., Washington, DC taken, but will not serve to make motion to intervene or a protest in 20426, in accordance with Section Protestants parties to the proceedings. accordance with the requirements of the 385.211 of the Commission’s Rules and Any person wishing to become a party Commission’s Rules of Practice and Regulations. All such protests must be must file a motion to intervene. Copies Procedure (18 CFR 385.214 or 385.211) filed as provided in Section 154.210 of of this filing are on file with the and the Regulations under the NGA (18 the Commission’s Regulations. Protests Commission and are available for public CFR 157.10). All protests filed with the will be considered by the Commission inspection in the Public Reference Commission will be considered by it in in determining the appropriate action to Room. This filing may be viewed on the be taken, but will not serve to make web at http://www.ferc.fed.us/online/ determining the appropriate action to be protestants parties to the proceedings. rims.htm (call 202–208–2222 for taken but will not serve to make the Copies of this filing are on file with the assistance). protestants parties to the proceeding. Commission and are available for public Linwood A. Watson, Jr., Any person wishing to become a party to a proceeding or to participate as a inspection in the Public Reference Acting Secretary. party in any hearing therein must file a Room. This filing may be viewed on the [FR Doc. 99–9238 Filed 4–13–99; 8:45 am] motion to intervene in accordance with web at http://www.ferc.fed.us/online/ BILLING CODE 6717±01±M rims.htm (call 202–208–2222 for the Commission’s Rules. assistance). Take further notice that, pursuant to Linwood A. Watson, Jr., DEPARTMENT OF ENERGY the authority contained in and subject to Acting Secretary. the jurisdiction conferred upon the Federal Energy Regulatory [FR Doc. 99–9241 Filed 4–13–99; 8:45 am] Federal Energy Regulatory Commission Commission BILLING CODE 6717±01±M by Sections 7 and 15 of the NGA and the [Docket No. CP99±288±000] Commission’s Rules of Practice and Procedure, a hearing will be held DEPARTMENT OF ENERGY Texas Gas Transmission Corporation; without further notice before the Notice of Application Federal Energy Regulatory Commission or its designee on this Commission April 8, 1999. application if no motion to intervene is Take notice that on April 6, 1999, filed within the time required herein, if [Docket No. MT99±9±000] Texas Gas Transmission Corporation the Commission on its own review of the matter finds that permission and PG&E Gas Transmission, Northwest (Texas Gas), 3800 Frederica Street, Corporation; Notice of Tariff Filing Owensboro, Kentucky 42301, filed an approval for the proposed abandonment application with the Commission in are required by the public convenience April 8, 1999. Docket No. CP99–288–000 pursuant to and necessity. If a motion for leave to Take notice that on April 1, 1999, Section 7 of the Natural Gas Act (NGA) intervene is timely filed, or if the PG&E Transmission, Northwest for permission and approval to abandon Commission on its own motion believes Corporation (PG&E GT–NW) tendered an interruptible transportation service that a formal hearing is required, further for filing as part of its FERC Gas Tariff, performed for Tennessee Gas Pipeline notice of such hearing will be duly First Revised Volume No. 1–A, Second Company (Tennessee) under Texas Gas’ given. Revised Sheet No. 85. PG&E GT–NW FERC Gas Tariff Rate Schedule X–82, all requests that the above-referenced tariff as more fully set forth in the request Under the procedure herein provided sheets become effective May 1, 1999. which is open to the public for for, unless otherwise advised, it will be PG&E GT–NW asserts that the inspection. The application may be unnecessary for Texas Gas to appear or purpose of this filing is to update its viewed on the web at www.ferc.fed.us. be represented at the hearing. Tariff to reflect the PG&E GT–NW will Call (202) 208–2222 for assistance. Linwood A. Watson, Jr., share certain facilities in Houston Texas Gas received authority on Acting Secretary. Texas, with a marketing affiliate. December 7, 1979, to transport up to [FR Doc. 99–9236 Filed 4–13–99; 8:45 am] PG&E GT–NW also submitted a 80,000 Mcf of natural gas and associated BILLING CODE 6717±01±M revised set of Marketing Affiliate liquids per day for Tennessee via its Standards to reflect the shared facilities capacity in the High Island Offshore as well as to add new Standard L. System and the Michigan Wisconsin 1 9 FERC ¶ 61,307 (1979).
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DEPARTMENT OF ENERGY unloading, and LNG vaporization the Commission with regard to this services on a firm and interruptible non- docket, such as orders and notices, is Federal Energy Regulatory discriminatory open access basis. also available on the FERC website Commission The EA has been placed in the public using the ‘‘CIPS’’ link. For assistance [Docket No. CP99±113±000] files of the FERC. A limited number of with access to CIPS, the CIPS helpline copies of the EA are available for can be reached at (202) 208–2474. Algonquin LNG, Inc. Notice of distribution and public inspection at: Linwood A. Watson, Jr., Availability of the Environmental Federal Energy Regulatory commission, Acting Secretary. assessment for the Proposed ALNG Public Reference and files Maintenance [FR Doc. 99–9233 Filed 4–13–99; 8:45 am] Branch, 888 First Street, NE, Room 2A, Plant Modifications Project BILLING CODE 6717±01±M Washington, DC 20426, (202) 208–1371. April 8, 1999. Copies of the EA have been mailed to The staff of the Federal Energy Federal, state and local agencies, public DEPARTMENT OF ENERGY Regulatory Commission (FERC or interest groups, interested individuals, Commission) has prepared this newspapers, and parties to this Federal Energy Regulatory environmental assessment (EA) on the proceeding. Commission modification of existing facilities Any person wishing to comment on [Project No. 1494±160 Oklahoma] proposed by Algonquin LNG, Inc. the EA may do so. To ensure (ALNG Plant Modifications Project) in consideration prior to a Commission Grand River Dam Authority; Notice of the above-referenced docket. The decision on the proposal, it is important Availability of Draft Environmental application and other supplemental that we receive your comments before Assessment filings in this docket are available for the date specified below. Please viewing on the FERC Internet website carefully follow the instructions to April 8, 1999. (www.ferc.fed.us). Click on the ‘‘RIMS’’ ensure that your comments are received In accordance with the National link, select ‘‘Docket #’’ from the RIMS in time and properly recorded. Environmental Policy Act of 1969 and Menu, and follow the instructions. • Send two copies of your comments the Federal Energy Regulatory Similarly, the ‘‘CIPS’’ link on the to: David P. Boergers, Secretary, Federal Commission’s regulations, 18 CFR Part FERC Internet website provides access Energy Regulatory Commission, 888 380 (Order No. 486, 52 FR 47910), the to the tests of formal documents issued First Street, NE, Room 1A, Washington, Office of Hydropower Licensing (OHL) by the Commission, such as orders, DC 20426. has reviewed an application for notices, and rulemakings. From the • Label one copy of the comments for approval of additional marina facilities. FERC Internet website, click on the the attention of the Environmental Grand River Dam Authority proposes to ‘‘CIPS’’ link, select ‘‘Docket #’’ from the Review and Compliance Branch, permit Gene Gregg, d/b/a Tera Miranda CIPS menu, and follow the instructions. PR11.1; Marina, (permittee) to improve and The EA was prepared to satisfy the • Reference Docket No. CP99–113– enlarge an existing commercial marina requirements of the National 000; and facility located on the east side of Grand • Environmental Policy Act. The staff Mail your comments so that they Lake’s Monkey Island. The existing concludes that approval of the proposed will be received in Washington, DC on marina facility includes 20 boat docks project, with appropriate mitigating or before May 7, 1999. with a total of 129 slips. The permittee measures, would not constitute a major Comments will be considered by the requests permission to remove from the Federal action significantly affecting the Commission but will not serve to make site an existing jetty and two manmade quality of the human environment. the commentor a party to the breakwaters and to install and operate The EA assesses the potential proceeding. Any person seeking to certain additional facilities. The new environmental effects of the proposed become a party to the proceeding must proposed facilities include five new modification, construction, and file a motion to intervene pursuant to boat docks with a total of 116 slips, two operation at an existing liquefied Rule 214 of the Commission’s Rules of floating breakwaters, a building natural gas (LNG) storage facility. The Practice and Procedures (18 CFR containing showers and a restroom proposed modifications would include: 385.214). facility, and a waste disposal system. • Abandoning the three existing The date for filing timely motions to The Pensacola Project is on the Grand direct-fired LNG vaporizers, and intervene in this proceeding has passed. River, in Craig, Delaware, Mayes, and installing three new horizontal indirect- Therefore, parties not seeking to file late Ottawa Counties, Oklahoma. fired 150 million standard cubic feet per interventions must show good cause, as The DEA was written by staff in the day (MMscfd) LNG vaporizers; required by section 395.214(b)(3), why Office of Hydropower licensing, Federal • Increasing the capacity of the this time limitation should be waived. Energy Regulatory Commission. Copies existing LNG pumps from 100 MMscfd Environmental issues have been viewed of the DEA can be obtained by calling to 150 MMscfd; as good cause for late intervention. You the Commission’s Public Reference • Installing two new 600 horsepower do not need intervenor status to have Room at (202) 208–1371 or may be boiloff gas compressors consisting of your environmental comments viewed on the web at http:// flooded screw type compressors driven considered. Additional information www.ferc.fed.us/online/rims.htm by fixed speed electric motors. about the proposed project is available (please call (202) 208–2222 for Installing additional emergency from Mr. Paul McKee of the assistance). In the DEA, staff concludes power generation equipment, control Commission’s Office of External Affairs that approval of the licensee’s proposal systems, and safety systems; and at (202) 208–1088 or on the FERC would not constitute a major Federal • Modifying metering facilities for the website (www.ferc.fed.us) using the action significantly affecting the quality delivery of vaporized LNG and boiloff ‘‘RIMS’’ link to information in this of the human environment. gas. docket number. For assistance with lease submit any comments within 30 The proposed facilities would allow access to RIMS, the RIMS helpline can days from the date of this notice. ALNG to continue to provide LNG be reached at (202) 208–2222. Access to Comments should be addressed to: Mr. storage, LNG truck loading and the texts of formal documents issued by David P. Boergers, Acting Secretary,
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Federal Energy Regulatory Commission, later, at the Commission’s Headquarters, Pesticide Programs (7502C), 888 First Street, NE., Washington, DC 888 First Street, NE, Washington, DC Environmental Protection Agency, 401 20426. Please affix Project No. 1494–160 20426. M Street SW., Washington, DC 20460. to all comments. For further Linwood A. Watson, Jr., Office location for commercial courier information, please contact the project Acting Secretary. delivery, telephone number and e-mail manager, Jon Cofrancesco at (202) 219– [FR Doc. 99–9296 Filed 4–13–99; 8:45 am] address: Rm. 224, Crystal Mall No. 2, 0079. BILLING CODE 6717±01±M 1921 Jefferson Davis Highway, Linwood A. Watson, Jr., Arlington, VA 22202, (703) 305–5761; e- Acting Secretary. mail: [email protected]. [FR Doc. 99–9239 Filed 4–13–99; 8:45 am] ENVIRONMENTAL PROTECTION BILLING CODE 6717±01±M AGENCY SUPPLEMENTARY INFORMATION: [OPP±66266; FRL 6071±8] I. Introduction DEPARTMENT OF ENERGY Notice of Receipt of Requests to Section 6(f)(1) of the Federal Federal Energy Regulatory Voluntarily Cancel Certain Pesticide Insecticide, Fungicide and Rodenticide Commission Registrations Act (FIFRA), as amended, provides that a pesticide registrant may, at any time, Notice of Meeting on Nevada AGENCY: Environmental Protection request that any of its pesticide Independent System Administrator Agency (EPA). registrations be cancelled. The Act April 9, 1999. ACTION: Notice. further provides that EPA must publish Take notice that, on April 15, 1999, a notice of receipt of any such request SUMMARY: In accordance with section Mr. C.M. Naeve of Skadden, Arps, Slate, in the Federal Register before acting on 6(f)(1) of the Federal Insecticide, Meagher & Flom, other representatives the request. Fungicide and Rodenticide Act (FIFRA), of Nevada utilities, and other as amended, EPA is issuing a notice of II. Intent to Cancel stakeholders will meet with members of receipt of requests by registrants to the Commission’s staff and interested This Notice announces receipt by the voluntarily cancel certain pesticide members of the public concerning the Agency of requests to cancel some 48 registrations. formation of an independent system pesticide products registered under administrator for the transmission DATES: Unless a request is withdrawn by section 3 or 24(c) of FIFRA. These facilities of Nevada utilities. October 12, 1999, orders will be issued registrations are listed in sequence by The meeting will be held on April 15, cancelling all of these registrations. registration number (or company 1999, at 4:00 PM, in a Hearing or FOR FURTHER INFORMATION CONTACT: By number and 24(c) number) in the Conference Room to be determined mail: James A. Hollins, Office of following Table 1.
TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION
Registration No. Product Name Chemical Name
000192±00206 Dexol Preemergent Weed and Grass Pre- Dimethyl tetrachloroterephthalate venter 2 000239±02532 Ortho Grass & Weed Preventer Dimethyl tetrachloroterephthalate 000352 OR±92±0003 Du Pont Sinbar Herbicide 3-tert-Butyl-5-chloro-6-methyluracil 000352 OR±92±0015 Dupont Karmex DF Herbicide 3-(3,4-Dichlorophenyl)-1,1-dimethylurea 000352 OR±93±0020 Dupont Karmex DF Herbicide 3-(3,4-Dichlorophenyl)-1,1-dimethylurea 000352 OR±94±0009 Dupont Karmex DF Herbicide 3-(3,4-Dichlorophenyl)-1,1-dimethylurea 000655±00328 Prentox Carbamate Concentrate Contains o-Isopropoxyphenyl methylcarbamate 10% Propoxur 000769±00836 Miller Dacthal 5G Dimethyl tetrachloroterephthalate 000769±00837 Miller Turf Food 12±6±6 Plus 3 Dimethyl tetrachloroterephthalate 000769±00911 Science Garden Weeder Dimethyl tetrachloroterephthalate 001203±00005 Delta Foremost 4820 Del-Kill Insecticide o-Isopropoxyphenyl methylcarbamate 001270±00172 Zep 10±X Insecticide o-Isopropoxyphenyl methylcarbamate 001270±00197 Zep Tox II Pressurized Spray o-Isopropoxyphenyl methylcarbamate N-Octyl bicycloheptene dicarboximide (Butylcarbityl)(6-propylpiperonyl) ether 80% and related compounds 20% Pyrethrins 001270±00199 Zep Stop o-Isopropoxyphenyl methylcarbamate 001685±00069 Formula 296 State Roach & Ant Killer o-Isopropoxyphenyl methylcarbamate 001685±00071 State Formula 298 RAS Residual Roach & o-Isopropoxyphenyl methylcarbamate Ant Spray 002155±00059 R.I.S. 15 Residual Insecticide o-Isopropoxyphenyl methylcarbamate
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TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATIONÐContinued
Registration No. Product Name Chemical Name
002596±00114 Hartz Blockade for Cats N,N-Diethyl-meta-toluamide and other isomers 4-Chloro-alpha-(1-methylethyl)benzeneacetic acid, cyano(3- phenoxyphenyl)methyl 002596±00115 Hartz Blockade for Dogs N,N-Diethyl-meta-toluamide and other isomers 4-Chloro-alpha-(1-methylethyl)benzeneacetic acid, cyano(3- phenoxyphenyl)methyl 002781±00050 Spot Guard Cyclopropanecarboxylic acid, 3-(2,2-dichloroethenyl)-2,2-dimethyl-, 002935 OR±85±0042 Dimethogon 267 EC O,O-Dimethyl S-((methylcarbamoyl)methyl) phosphorodithioate 002935 OR±85±0043 Dimethogon 267 EC O,O-Dimethyl S-((methylcarbamoyl)methyl) phosphorodithioate 002935 OR±85±0045 Dimethogon 267 EC O,O-Dimethyl S-((methylcarbamoyl)methyl) phosphorodithioate 002935 OR±85±0046 Dimethogon 267 EC O,O-Dimethyl S-((methylcarbamoyl)methyl) phosphorodithioate 002935 OR±94±0024 Mancozeb Potato Seed Protectant Fun- Zinc ion and manganese ethylenebisdithiocarbamate, coordination gicide product 003125±00205 Morestan Technical for Use Only In the 6-Methyl-2,3-quinoxalinedithiol cyclic S,S-dithiocarbonate Manufacture of E 003125±00381 Morestan 4 Ornamental Miticide 6-Methyl-2,3-quinoxalinedithiol cyclic S,S-dithiocarbonate 003125±00437 Morestan 4 Nursery Miticide 6-Methyl-2,3-quinoxalinedithiol cyclic S,S-dithiocarbonate 004691±00137 Kennel and Yard Spray Concentrate 2-Chloro-1-(2,4,5-trichlorophenyl)vinyl dimethyl phosphate 2,2-Dichlorovinyl dimethyl phosphate 005042 OR±85±0003 Orco Patrol 2-((p-Chlorophenyl)phenylacetyl)-1,3-indandione 005042 WA±92±0022 Orco Patrol Ground Squirrel Bait 2-((p-Chlorophenyl)phenylacetyl)-1,3-indandione 010107±00106 Two Plus Two Bromacil and Diuron 5-Bromo-3-sec-butyl-6-methyluracil 3-(3,4-Dichlorophenyl)-1,1-dimethylurea 010107±00107 Four Plus Four Bromacil and Diuron 5-Bromo-3-sec-butyl-6-methyluracil 3-(3,4-Dichlorophenyl)-1,1-dimethylurea 010163±00218 Bran-L-Bait 1.5% S-Methyl N-((methylcarbamoyl)oxy)thioacetimidate 010163 ID±97±0010 6,7,8,9,10-Hexachloro-1,5,5α,6,9,9α-hexahydro-6,9-methano-2,4,3- benzodioxathiepin-3-oxide 010163 OR±95±0008 Gowan Cryolite Bait Cryolite 010163 OR±96±0031 Gowan Cryolite Bait Cryolite 010806±00001 Contact Roach and Ant Killer o-Isopropoxyphenyl methylcarbamate N-Octyl bicycloheptene dicarboximide (Butylcarbityl)(6-propylpiperonyl) ether 80% and related compounds 20% Pyrethrins 011225 CA±88±0029 Kelthane 35 Agricultural Miticide 1,1-Bis(chlorophenyl)-2,2,2-trichloroethanol 013283±00010 Rainbow Wasp Killer o-Isopropoxyphenyl methylcarbamate (Butylcarbityl)(6-propylpiperonyl) ether 80% and related compounds 20% Pyrethrins 032273±00008 #90 Deck & Fencepost Preservative Copper naphthenate 050534±00011 2 Plus 2 (MCPP + 2,4-D Amine) Dimethylamine 2,4-dichlorophenoxyacetate Dimethylamine 2-(2-methyl-4-chlorophenoxy)propionate 050534±00131 2, 4-D Acid Technical Flake 2,4-Dichlorophenoxyacetic acid 050534±00151 Triban-D Dimethylamine 3,6-dichloro-o-anisate Dimethylamine 2,4-dichlorophenoxyacetate Dimethylamine 2-(2-methyl-4-chlorophenoxy)propionate 050534±00153 2,4-D + Dicamba Turf Care Herbicide Dimethylamine 3,6-dichloro-o-anisate Dimethylamine 2,4-dichlorophenoxyacetate 050534±00194 DS-33 Dimethylamine 2,4-dichlorophenoxyacetate Dimethylamine 2-(2-methyl-4-chlorophenoxy)propionate 050534±00203 Reach Tetrachloroisophthalonitrile
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TABLE 1ÐREGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATIONÐContinued
Registration No. Product Name Chemical Name
1-(4-Chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-butanone 071714±00001 Roundup Ultra Isopropylamine glyphosate (N-(phosphonomethyl)glycine)
Unless a request is withdrawn by the registrant within 180 days of publication of this notice, orders will be issued cancelling all of these registrations. Users of these pesticides or anyone else desiring the retention of a registration should contact the applicable registrant directly during this 180–day period. The following Table 2 includes the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA Company Number.
TABLE 2ÐREGISTRANTS REQUESTING VOLUNTARY CANCELLATION
EPA Com- Company Name and Address pany No.
000192 Dexol, A Division of Verdant Brands, Inc., Attn: Elizabeth L. Neslund, 9555 James Ave., South, Suite 200, Bloomington, MN 55431. 000239 The Solaris Group of Monsanto Co., Box 5006, San Ramon, CA 94583. 000352 E. I. Du Pont De Nemours & Co., Inc., Barley Mill Plaza, Walker's Mill, Wilmington, DE 19880. 000655 Prentiss Inc., C.B. 2000, Floral Park, NY 11001. 000769 Sureco Inc., An Indirect Subsidiary of Verdant Brands, 9555 James Ave., South, Suite 200, Bloomington, MN 55431. 001203 Delta Foremost Chemical Corp., 3915 Air Park St., Memphis, TN 38118. 001270 ZEP Mfg. Co., Box 2015, Atlanta, GA 30301. 001685 The State Chemical Mfg., Co., 3100 Hamilton Ave, Cleveland, OH 44114. 002155 I. Schneid, 1429 Fairmont Ave., N.W., Atlanta, GA 30318. 002596 Hartz Mountain Corp., 400 Plaza Dr., Secaucus, NJ 07094. 002781 Happy Jack Inc., Box 475, Snow Hill, NC 28580. 002935 Wilbur Ellis Co., 191 W. Shaw Ave, #107, Fresno, CA 93704. 003125 Bayer Corp., Agriculture Division, 8400 Hawthorn Rd., Box 4913, Kansas City, MO 64120. 004691 Boehringer Ingelheim Vetmedica, Inc., 2621 North Belt Highway, St. Joseph, MO 64506. 005042 RCO Co., Inc., Box 446, Junction City, OR 97448. 010107 Van Diest Supply Co., 1434 220th Street, Box 610, Webster City, IA 50595. 010163 Gowan Co., Box 5569, Yuma, AZ 85366. 010806 Contact Industries, Div of Safeguard Chemical Corp., 411 Wales Ave, Bronx, NY 10454. 011225 Tuolumne County Agricultural Commissioner, 2 South Green Street, Sonora, CA 95370. 013283 Regwest Co., Agent For: Rainbow Technology Corp., Box 2220, Greeley, CO 80632. 032273 Behr Process Corp., 1603 W Alton St., Santa Ana, CA 92704. 050534 GB Biosciences Corp., c/o Zeneca Ag Products, 1800 Concord Pike, Box 15458, Wilmington, DE 19850. 071714 Dilbeck Fertilizer, Box 258, Ralston, OK 74650.
III. Procedures for Withdrawal of fees due, and to fulfill any applicable reregistration requirements, or is subject Request unsatisfied data requirements. to a data call-in. In all cases, product- specific disposition dates will be given IV. Provisions for Disposition of Registrants who choose to withdraw a in the cancellation orders. Existing Stocks request for cancellation must submit Existing stocks are those stocks of such withdrawal in writing to James A. The effective date of cancellation will registered pesticide products which are Hollins, at the address given above, be the date of the cancellation order. currently in the United States and postmarked before October 12, 1999. The orders effecting these requested which have been packaged, labeled, and This written withdrawal of the request cancellations will generally permit a released for shipment prior to the for cancellation will apply only to the registrant to sell or distribute existing effective date of the cancellation action. applicable 6(f)(1) request listed in this stocks for 1 year after the date the Unless the provisions of an earlier order notice. If the product(s) have been cancellation request was received. This apply, existing stocks already in the subject to a previous cancellation policy is in accordance with the hands of dealers or users can be action, the effective date of cancellation Agency’s statement of policy as distributed, sold or used legally until and all other provisions of any earlier prescribed in Federal Register (56 FR they are exhausted, provided that such cancellation action are controlling. The 29362) June 26, 1991; [FRL 3846–4]. further sale and use comply with the withdrawal request must also include a Exceptions to this general rule will be EPA-approved label and labeling of the commitment to pay any reregistration made if a product poses a risk concern, affected product(s). Exceptions to these or is in noncompliance with general rules will be made in specific
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.006 pfrm02 PsN: 14APN1 18424 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices cases when more stringent restrictions ACTION: Notice. provides that, before acting on the on sale, distribution, or use of the request, EPA must publish a notice of SUMMARY: In accordance with section products or their ingredients have receipt of any such request in the 6(f)(1) of the Federal Insecticide, already been imposed, as in Special Federal Register. Thereafter, the Fungicide and Rodenticide Act (FIFRA), Review actions, or where the Agency Administrator may approve such a as amended, EPA is issuing a notice of has identified significant potential risk request. concerns associated with a particular receipt of request for amendment by chemical. registrants to delete uses in certain II. Intent to Delete Uses pesticide registrations. List of Subjects DATES: Unless a request is withdrawn, This notice announces receipt by the Environmental protection, Pesticides the Agency will approve these use Agency of applications from registrants and pests, Product registrations. deletions and the deletions will become to delete uses in the 35 pesticide effective on October 12, 1999. registrations listed in the following Dated: March 25, 1999. FOR FURTHER INFORMATION CONTACT: By Table 1. These registrations are listed by Richard D. Schmitt, mail: James A. Hollins, Office of registration number, product names, Acting Director, Information Resources and Pesticide Programs (7502C), active ingredients and the specific uses Services Division, Office of Pesticide Environmental Protection Agency, 401 deleted. Users of these products who Programs. M Street, SW., Washington, DC 20460. desire continued use on crops or sites [FR Doc. 99–8832 Filed 4–13–99; 8:45 am] Office location for commercial courier being deleted should contact the BILLING CODE 6560±50±F delivery telephone number, and e-mail applicable registrant before October 12, address: Rm., 224, Crystal Mall No. 2, 1999 to discuss withdrawal of the 1921 Jefferson Davis Highway, applications for amendment. This 180– ENVIRONMENTAL PROTECTION Arlington, VA 22202, (703) 305–5761; e- day period will also permit interested AGENCY mail: [email protected]. members of the public to intercede with [OPP±34181; FRL 6071±7] SUPPLEMENTARY INFORMATION: registrants prior to the Agency approval I. Introduction of the deletion. (Note: Registration Notice of Receipt of Requests for number(s) preceded by ** indicate a 30– Amendments to Delete Uses in Certain Section 6(f)(1) of FIFRA provides that day comment period.) Pesticide Registrations a registrant of a pesticide product may at any time request that any of its AGENCY: Environmental Protection pesticide registrations be amended to Agency (EPA). delete one or more uses. The Act further
TABLE 1ÐREGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS
EPA Reg No. Product Name Active Ingredient Delete From Label
**000264±00312 SEVIN Brand 10% Bait Carbaryl In- Carbaryl Use on cotton secticide **000264±00314 SEVIN Brand 50W Carbaryl Insecti- Carbaryl Use on cotton cide **000264±00315 SEVIN Brand 85 Sprayable Carbaryl Carbaryl Use on cotton Insec ticide **000264±00316 SEVIN Brand 80S Carbaryl Insecti- Carbaryl Use on cotton cide **000264±00320 SEVIN Brand 5% Carbaryl Insecti- Carbaryl Use on cotton cide **000264±00321 SEVIN Brand Carbaryl Insecticide Carbaryl Use on cotton **000264±00324 SEVIN Brand 99% Technical Carbaryl Use on cotton Carbaryl Insecticide **000264±00325 SEVIN Brand 97.5% Manufacturing Carbaryl Use on cotton Concentrate Carbaryl Insecticide **000264±00328 SEVIN Brand 80% Dust Base Carbaryl Use on cotton Carbaryl Insecticide **000264±00333 SEVIN Brand XLR PLUS Carbaryl In- Use on cotton secticide **000264±00335 SEVIN Brand RP4 Carbaryl Insecti- Carbaryl Use on cotton cide **000264±00349 SEVIN Brand 4F Carbaryl Insecticide Carbaryl Use on cotton **000264±00526 SEVIN Brand 80WSP Carbaryl In- Carbaryl Use on cotton secticide 000432±00582 BIORAM 0.15% + 0.25% Insecticide d-trans-Allethrin; Permethrin Use on dogs & cats Aqueous Pressurized Spray 000432±00585 BIORAM 0.2% + 0.2% Insecticide d-trans-Allethrin; Use on dogs & cats Aqueous Pressurized Spray Permethrin, mixed cis, trans
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TABLE 1ÐREGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONSÐ Continued
EPA Reg No. Product Name Active Ingredient Delete From Label
000432±00592 Pramex Insecticide Aqueous Pres- Permethrin, mixed cis, trans Use on dogs & cats surized Spray 0.25% for House & Garden **003125±00102 Guthion 2L Azinphos-methyl Apricot, pasture grasses, tobacco, artichoke, grass mixture, peas, wheat, barley, kiwi, rye, beans (dry), oats, soybeans **003125±00108 Guthion Technical Azinphos-methyl Apricot, pasture grasses, tobacco, artichoke, grass mixture, peas, wheat, barley, kiwi, rye, beans (dry), oats, soybeans **003125±00310 Guthion Solupak 50% Azinphos-methyl Apricot, pasture grasses, tobacco, artichoke, grass mixture, peas, wheat, barley, kiwi, rye, beans (dry), oats, soybeans **005905±00525 Diazinon 4EC Diazinon Use on all agricultural crops **010163±00078 Gowan Azinphos-M-50-W Azinphos-methyl Barley, oats, rye, wheat, soybeans, tobacco, apricots, artichokes, dry beans, blackeyed peas (southern peas, crowder peas) shade trees **010163±00080 Gowan Azinphos-M 2EC Azinphos-methyl Barley, oats, rye, wheat, pasture grasses, soy- beans, tobacco, artichokes, dry beans, black eyed peas (southern and crowder peas), shade trees **010163±00095 Azinphos Methyl Technical Azinphos-methyl Alfalfa-grass mixture, artichokes, rye, safflower (seed crop), vetch (seed crop), tobacco **010163±00138 Gowan Azinphos-M 35WP Azinphos-methyl Barley, oats, rye, wheat, soybeans, apricots, dry beans, blackeyed peas (southern & crowder peas), cotton, southern pine seed orchards, pista chios, ornamentals, nursery plants, Christmas trees **010163±00139 Gowan Azinphos-M 35WSB Azinphos-methyl Barley, oats, rye, wheat, soybeans, apricots, artichokes, dry beans, blackeyed peas (southern and crowder peas), cotton, south- ern pine seed orchards, pista chios, ornamentals, nursery plants, Christmas trees **010163±00180 Gowan Azinphos 50 PVA Azinphos-methyl Barley, oats, rye, wheat, soybeans, tobacco, apricots, dry beans, blackeyed peas (south- ern peas, crowder peas), shade trees **034704±00691 Clean Crop Sniper 2-E Azinphos Apricot, artichoke, barley beans (dry), oats, Methyl Insecticide pasture grasses, peas, rye, soybeans, to- bacco, wheat **051036±00076 Azinphos-Methyl 2EC Azinphos-methyl Apricot, artichoke, barley, beans (dry), oats, southern peas, rye, soybeans, tobacco, wheat **051036±00130 Azinphos-Methyl 35W Azinphos-methyl Apricot, artichoke, barley, beans (dry), oats, pasture grasses, rye, southern peas, soy beans, tobacco, wheat **051036±00164 Azinphos-Methyl 50W Azinphos-methyl Apricot, artichoke, barley, beans (dry), oats, rye, southern peas, slash pine, soy beans, tobacco, wheat **051036±00205 Azinphos-Methyl 50W Soluble Azinphos-methyl Artichoke, rye, slash pine **051036±00207 Azinphos-Methyl 2EC Azinphos-methyl Artichoke, apricot, barley, beans (dry), oats, rye, southern peas, soybeans, tobacco, wheat **066222±00011 Cotnion-Methyl 50W Azinphos-methyl Apricot, barley, kiwi, pasture grasses, rye, to- bacco, artichoke, beans (dry), grass mixture, oats, peas, soybeans, wheat **066222±00012 Cotnion-Methyl 2EC Azinphos methyl Apricot, barley, kiwi, pasture grasses, rye, to- bacco, artichoke, beans (dry), grass mixture, oats, peas, soybeans, wheat
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TABLE 1ÐREGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONSÐ Continued
EPA Reg No. Product Name Active Ingredient Delete From Label
**066222±00016 Cotnion-Methyl 2EC Azinphos methyl Apricot, barley, kiwi, pasture grasses, rye, to- bacco, artichoke, beans (dry), grass mixture, oats, peas, soybeans, wheat
The following Table 2 includes the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA company number.
TABLE 2ÐREGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS
Com- pany No. Company Name and Address
000264 Rhone-Poulenc Ag Company, P.O. Box 12014, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709. 000432 AgrEvo Environmental Health, 95 Chestnut Ridge Road, Montvale, NJ 07645. 003125 Bayer Corporation, Agriculture Division, P.O. Box 4913, 8400 Hawthorn Road, Kansas City, MO 64120. 005905 Helena Chemical Company, 6075 Poplar Ave., Suite 500, Memphis, TN 38119. 010163 Gowan, P.O. Box 5569, Yuma, AZ 85366. 034704 Platte Chemical Co., 419 18th Street, P.O. Box 667, Greeley, CO 80632. 051036 Micro Flo Company, P.O. Box 5948, Lakeland, FL 33807. 066222 Makhteshim-Agan of North America Inc., 551 Fifth Ave., Suite 1100, New York, NY 10176.
III. Existing Stocks Provisions of information unless it displays a Smith at (202) 418–0217 or via the The Agency has authorized registrants currently valid control number. No Internet at [email protected]. to sell or distribute product under the person shall be subject to any penalty SUPPLEMENTARY INFORMATION: previously approved labeling for a for failing to comply with a collection OMB Control Number: 3060–0532. period of 18 months after approval of of information subject to the Paperwork Title: Scanning Receiver Compliance the revision, unless other restrictions Reduction Act (PRA) that does not Exhibit (Sections 2.1033(b)(11)). have been imposed, as in special review display a valid control number. Form Number: N/A. actions. Comments are requested concerning (a) Type of Review: Revision of currently whether the proposed collection of approved collection. List of Subjects information is necessary for the proper Respondents: Individuals or Environmental protection, Pesticides performance of the functions of the households; Not-for-profit institutions; and pests, Product registrations. Commission, including whether the Business or other for-profit entities; and State, Local, or Tribal Government. Dated: March 25, 1999. information shall have practical utility; (b) the accuracy of the Commission’s Number of Respondents: 40. Richard D. Schmitt, burden estimate; (c) ways to enhance Estimated time per response: 1 hour. Acting Director, Information Resources the quality, utility, and clarity of the Frequency of Response: On occasion Services Division, Office of Pesticide information collected; and (d) ways to reporting requirements; Third party Programs. minimize the burden of the collection of disclosure. Total Annual Burden: 40 hours. [FR Doc. 99–8833 Filed 4–13–99; 8:45 am] information on the respondents, Total Annual Cost: None. BILLING CODE 6560±50±F including the use of automated collection techniques or other forms of Needs and Uses: The Commission has information technology. proposed to require manufacturers of scanning receivers to design their FEDERAL COMMUNICATIONS DATES: Written comments should be equipment so that: it has 38 dB of image COMMISSION submitted on or before June 14, 1999. If rejection for Cellular Service Notice of Public Information you anticipate that you will be frequencies, tuning and control circuitry Collection(s) Being Reviewed by the submitting comments, but find it are inaccessible, and any attempt Federal Communications Commission difficult to do so within the period of modify the scanning receiver to receive time allowed by this notice, you should Cellular Service transmissions will April 6, 1999. advise the contact listed below as soon likely render the scanning receiver SUMMARY: The Federal Communications as possible. inoperable. The Commission has also Commission, as part of its continuing proposed to require that the ADDRESSES: Direct all comments to Les effort to reduce paperwork burden manufacturer submit information with Smith, Federal Communications invites the general public and other any application for certification that: Commission, Room 1–A804, 445 12th Federal agencies to take this describes the testing method used to Street, SW, Washington, DC 20554 or opportunity to comment on the determine compliance with the 38 dB via the Internet to [email protected]. following information collection, as image rejection ratio, contains a required by the Paperwork Reduction FOR FURTHER INFORMATION CONTACT: For statement assessing the vulnerability of Act of 1995, Pub. L. 104–13. An agency additional information or copies of the the scanning receiver to modification, may not conduct or sponsor a collection information collections contact Les describes the design features that
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.007 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18427 prevent modification of the scanning Smith at (202) 418–0217 or via the Federal Communications Commission. receiver to receive Cellular Service Internet at [email protected]. William F. Caton, transmissions, and describes the design SUPPLEMENTARY INFORMATION: Deputy Secretary. steps taken to make tuning and control OMB Control Number: 3060–0352. [FR Doc. 99–9286 Filed 4–13–99; 8:45 am] circuitry inaccessible. Title: Part 2—Scanning Receiver BILLING CODE 6712±01±P Federal Communications Commission. Compliance Exhibit (Sections William F. Caton, 2.975(a)(8), 2.1033(b)(12)). Deputy Secretary. Form Number: N/A. FEDERAL ELECTION COMMISSION [FR Doc. 99–9285 Filed 4–13–99; 8:45 am] Type of Review: Revision of currently Sunshine Act Notice BILLING CODE 6712±01±P approved collection. Respondents: Individuals or DATE AND TIME: Tuesday, April 20, 1999 households; Not-for-profit institutions; at 10:00 a.m. FEDERAL COMMUNICATIONS Business or other for-profit; and State, PLACE: COMMISSION 999 E Street, NW, Washington, Local, or Tribal Government. DC. Notice of Public Information Number of Respondents: 40. STATUS: This meeting will be closed to Collection(s) Being Reviewed by the Estimated time per response: 1 hour. the public. Federal Communications Commission Total Annual Burden: 40 hours. ITEMS TO BE DISCUSSED: Total Annual Cost: None. Compliance matters pursuant to 2 March 9, 1999. Needs and Uses: The collection of U.S.C. 437g. SUMMARY: The Federal Communications information contained in Part 2 are Audits conducted pursuant to 2 U.S.C. Commission, as part of its continuing made necessary by revision of section 437g, 438(b), and Title 26, U.S.C. effort to reduce paperwork burden 2.1033(b)(12) of the Commission Rules Matters concerning participation in civil invites the general public and other governing regulations for scanning actions or proceedings or arbitration. Federal agencies to take this receivers. The Commission will require Internal personnel rules and procedures opportunity to comment on the manufacturers of scanning receivers to or matters affecting a particular following information collection, as design their equipment so that: it has 38 employee. required by the Paperwork Reduction dB of image rejection for Cellular Act of 1995, Pub. L. 104–13. An agency DATE AND TIME: Wednesday, April 21, Service frequencies, tuning, control and 1999 at 10:00 a.m. may not conduct or sponsor a collection filtering circuitry are inaccessible, and PLACE: 999 E Street, NW, Washington, of information unless it displays a any attempt to modify the scanning DC. currently valid control number. No receiver to receive Cellular Service person shall be subject to any penalty transmissions will likely render the STATUS: This meeting will be closed to for failing to comply with a collection scanning receiver inoperable. In the public. of information subject to the Paperwork addition, the Commission will require ITEMS TO BE DISCUSSED: Reduction Act (PRA) that does not that the manufacturer submit Correction and Approval of Minutes. display a valid control number. information with any application for Advisory Opinion 1999–6: National Comments are requested concerning (a) certification that: describes the testing Rural Letter Carriers’ Association, by whether the proposed collection of method used to determine compliance Ken Parmelee, Vice President. information is necessary for the proper with the 38 dB image rejection ratio, Advisory Option 1999–7: Mary performance of the functions of the contains a statement assessing the Kiffmeyer, Secretary of State, Commission, including whether the vulnerability of the scanning receiver to Minnesota. information shall have practical utility; modification, describes the design Status of Regulations. (b) the accuracy of the Commission’s features that prevent modification of the Administrative Matters. burden estimate; (c) ways to enhance scanning receiver to receive Cellular PERSON TO CONTACT FOR INFORMATION: the quality, utility, and clarity of the Service transmissions, and describes the Mr. Ron Harris, Press Office, Telephone: information collected; and (d) ways to design steps taken to make tuning, (202) 694–1220. minimize the burden of the collection of control and filtering circuitry Marjorie W. Emmons, information on the respondents, inaccessible. Moreover, the Commission including the use of automated Secretary of the Commission. will require that a label be affixed to the [FR Doc. 99–9468 Filed 4–12–99; 3:08 pm] collection techniques or other forms of scanning receiver, similar to the information technology. following: modification of this device to BILLING CODE 6715±01±M DATES: Written comments should be receive Cellular Service signals is submitted on or before June 14, 1999. If prohibited under FCC Rules and Federal you anticipate that you will be Law. Further, the Commission is FEDERAL MARITIME COMMISSION submitting comments, but find it modifying the definition of a scanning Notice of Agreement(s) Filed difficult to do so within the period of receiver. Finally, the Commission is time allowed by this notice, you should modifying its rules to provide that The Commission hereby gives notice advise the contact listed below as soon certain portions of the scanning receiver of the filing of the following as possible. application for certification will remain agreement(s) under the Shipping Act of ADDRESSES: Direct all comments to Les confidential after the effective date of 1984. Smith, Federal Communications the grant of the application. This Interested parties can review or obtain Commission, Room 1–A804, 445 12th information includes schematic copies of agreements at the Washington, Street, SW, Washington, DC 20554 or diagrams, technical narratives DC offices of the Commission, 800 via the Internet to [email protected]. describing equipment operation, and North Capitol Street, NW, Room 962. FOR FURTHER INFORMATION CONTACT: For design details taken to prevent Interested parties may submit comments additional information or copies of the modification of scanning receivers to on an agreement to the Secretary, information collections contact Les receive Cellular Service transmissions. Federal Maritime Commission,
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Washington, DC 20573, within 10 days By Order of the Federal Maritime banks and nonbanking companies of the date this notice appears in the Commission. owned by the bank holding company, Federal Register. Ronald D. Murphy, including the companies listed below. Agreement No.: 202–008090–045. Assistant Secretary. The applications listed below, as well Title: Mediterranean North Pacific Coast [FR Doc. 99–9209 Filed 4–13–99; 8:45 am] as other related filings required by the Freight Conference. BILLING CODE 6730±01±M Board, are available for immediate Parties: inspection at the Federal Reserve Bank Med-Pacific Express. (a joint service indicated. The application also will be between d’Amico Societa di FEDERAL RESERVE SYSTEM available for inspection at the offices of Navigazione per Azioni and Italia di the Board of Governors. Interested Navigazione S.P.A.) Change in Bank Control Notices; persons may express their views in Zim Israel Navigation Co., Ltd. Acquisitions of Shares of Banks or writing on the standards enumerated in Synopsis: The proposed Amendment Bank Holding Companies the BHC Act (12 U.S.C. 1842(c)). If the restates the Agreement, as well as, proposal also involves the acquisition of The notificants listed below have revising it to bring it into compliance a nonbanking company, the review also applied under the Change in Bank with the requirements of the Ocean includes whether the acquisition of the Control Act (12 U.S.C. 1817(j)) and § Shipping Reform Act and the nonbanking company complies with the 225.41 of the Board’s Regulation Y (12 requirements of the European Union. standards in section 4 of the BHC Act. CFR 225.41) to acquire a bank or bank Unless otherwise noted, nonbanking Agreement No.: 202–011353–024. holding company. The factors that are Title: The Credit Agreement. activities will be conducted throughout considered in acting on the notices are the United States. Parties: set forth in paragraph 7 of the Act (12 A.P. Moller-Maersk Line Unless otherwise noted, comments U.S.C. 1817(j)(7)). regarding each of these applications Consorsio Naviero Occidente, C.A. The notices are available for Crowley American Transport, Inc. must be received at the Reserve Bank immediate inspection at the Federal indicated or the offices of the Board of King Ocean Central America, S.A. Reserve Bank indicated. The notices Governors not later than May 10, 1999. Dole Ocean Liner Express also will be available for inspection at A. Federal Reserve Bank of St. Louis ALP Co. Pte. Ltd. the offices of the Board of Governors. (Randall C. Sumner, Vice President) 411 NPR, Inc. (‘‘NPR’’) Interested persons may express their Locust Street, St. Louis, Missouri 63102- Seaboard Marine Ltd. views in writing to the Reserve Bank 2034: Sea-Land Service, Inc. indicated for that notice or to the offices 1. Sharon Bancshares, Inc., Martin, Venezuelan Container Service of the Board of Governors. Comments Tennessee; to merge with First Tecmarine Lines, Inc. must be received not later than April 29, Northwest Bancshares, Inc., Kenton, Mediterranean Shipping Company, 1999. Tennessee, and thereby indirectly A. Federal Reserve Bank of Chicago SA acquire First State Bank, Kenton, (Philip Jackson, Applications Officer) Tropical Shipping and Construction Tennessee. 230 South LaSalle Street, Chicago, Co., Ltd. B. Federal Reserve Bank of Kansas Ivaran Lines, Ltd. (‘‘Ivaran Lines’’) Illinois 60690-1413: 1. Thomas Joel Kress, Sparta, City (D. Michael Manies, Assistant Vice Evergreen Marine Corporation President) 925 Grand Avenue, Kansas (Taiwan) Ltd. Wisconsin; to acquire additional voting shares of F&M Bancorp of Tomah, Inc., City, Missouri 64198-0001: Caribbean General Maritime Ltd. 1. BOK Financial Corporation, and Transroll Navieras Express Tomah, Wisconsin, and thereby indirectly acquire voting shares of Park Cities Bancshares, Inc., both of (‘‘Transroll’’) Tulsa, Oklahoma; to acquire 100 percent Synopsis: The proposed amendment Farmers & Merchants Bank, Tomah, Wisconsin. of the voting shares of Swiss Avenue would modify the Agreement’s State Bank, Dallas, Texas. Independent Action provisions to Board of Governors of the Federal Reserve conform to the Ocean Shipping System, April 9, 1999. Board of Governors of the Federal Reserve System, April 9, 1999. Reform Act of 1998. It deletes NPR Robert deV. Frierson, Robert deV. Frierson, and Transroll as parties to the Associate Secretary of the Board. Associate Secretary of the Board. Agreement, changes the name of [FR Doc. 99–9322 Filed 4–13–99; 8:45 am] Ivaran Lines to Lykes Line Ltd., and [FR Doc. 99–9323 Filed 4–13–99; 8:45 am] BILLING CODE 6210±01±F makes a non-substantive BILLING CODE 6210±01±F administrative change to the Agreement. FEDERAL RESERVE SYSTEM Agreement No.: 202–011579–007. GENERAL SERVICES Title: Inland Shipping Service Formations of, Acquisitions by, and ADMINISTRATION Association. Mergers of Bank Holding Companies Notice of Availability (NOA) of the Draft Parties: The companies listed in this notice Crowley American Transport, Inc. Environmental Impact Statement have applied to the Board for approval, (DEIS) for the Disposal of the King Ocean pursuant to the Bank Holding Company Sea-Land Service, Inc. Volunteer Army Ammunition Plant Act of 1956 (12 U.S.C. 1841 et seq.) (VAAP), Chattanooga, TN Seaboard Marine and Seaboard (BHC Act), Regulation Y (12 CFR Part Marine of Florida, Inc. 225), and all other applicable statutes Pursuant to the requirements of the Synopsis: The proposed modification and regulations to become a bank National Environmental Policy Act would expand the geographic scope of holding company and/or to acquire the (NEPA) of 1969, and the President’s the agreement to include any country assets or the ownership of, control of, or Council on Environmental Quality in the world. the power to vote shares of a bank or Regulations (40 CFR 1500–1508), as Dated: April 8, 1999. bank holding company and all of the implemented by General Services
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Administration (GSA), this Notice of under section 1820(g) of the Social tert-butylphenyl)phosphite as a Availability (NOA) for DEIS is Security Act, as amended. This section stabilizer for polymers intended for use announced. The proposed action is the was added by section 4201 of the in contact with food. Ciba Specialty disposal of all of real property Balanced Budget Act of 1997 (105–33). Chemicals Corp. has now withdrawn associated with this government owned This delegation excludes the authority the petition without prejudice to a facility. The property consists of about to submit reports to Congress. This future filing (21 CFR 171.7). 6,500 acres of land including buildings, delegation shall be exercised under the Dated: March 29, 1999. industrial facilities and equipment, Department’s delegation of authority Alan M. Rulis, roadways, utilities, specialized and policy on regulation. In addition, I hereby ratify any actions Director, Office of Premarket Approval, facilities, easements, rights of way, and Center for Food Safety and Applied Nutrition. natural undeveloped land. taken by the Administrator or other [FR Doc. 99–9223 Filed 4–13–99; 8:45 am] The DEIS addresses impacts of two HRSA officials which involved the alternatives considered; Disposal and exercise of this authority prior to the BILLING CODE 4160±01±F No-Action (Continued Federal effective date of this delegation. This delegation is effective upon date Ownership). The DEIS examined the DEPARTMENT OF HEALTH AND of signature. short and long-term impacts to both HUMAN SERVICES natural environment and impacts to the Dated: April 1, 1998. surrounding community. The Disposal Donna E. Shalala, Public Health Service Alternative is further refined into a Secretary of Health and Human Services. series of alternative land use scenarios. Indian Health Service [FR Doc. 99–9297 Filed 4–13–99; 8:45 am] These were developed with the input from the local community through the BILLING CODE 4160±15±M Health Professions Recruitment scoping process. Program for Indians GSA will solicit community input at AGENCY: Indian Health Service. a Public Meeting to be held on Thursday DEPARTMENT OF HEALTH AND ACTION: April 29th. This will incorporate HUMAN SERVICES Notice of competitive grant applications for the health professions community comments into the decision Food and Drug Administration process before GSA issues a Final EIS recruitment program for Indians. [Docket No. 98F±0705] (FEIS). The 45-day comment period will SUMMARY: The Indian Health Service end June 2, 1999. (IHS) announces that competitive grant After the comment period GSA will Ciba Specialty Chemicals Corp.; Withdrawal of Food Additive Petition applications are now being accepted for issue a Final EIS for 30 days of the Health Professions Recruitment additional comment. A decision on the AGENCY: Food and Drug Administration, Program for Indians established by sec. Disposal will not be made until 30 days HHS. 102 of the Indian Health Care after the release of the FEIS. GSA ACTION: Notice. Improvement Act of 1976 (25 U.S.C. anticipates this decision will be 1612), as amended by Pub. L. 102–573. rendered by August 1999. SUMMARY: The Food and Drug There will be only one funding cycle GSA solicits comments in writing at Administration (FDA) is announcing the during fiscal year (FY) 1999. This the following address: Mr. Phil withdrawal, without prejudice to a program is described at sec. 93.970 in Youngberg, Regional Environmental future filing, of a food additive petition the Catalog of Federal Domestic Officer (4PT), General Services (FAP 8B4618) proposing that the food Assistance and is governed by Administration (GSA), 401 West additive regulations be amended to regulations at 42 CFR 36.310 et seq. Peachtree Street, NW, Suite 3010, provide for the expanded safe use of Costs will be determined in accordance Atlanta, GA 30365, or FAX: Mr. Phil tris(2,4-di-tert-butylphenyl)phosphite as with OMB Circulars A–21, A–87, and Youngberg at 404–331–4540. Comments a stabilizer in polymers intended for use A–122 (cost principles for different should be submitted in writing. in contact with food. types of applicant organizations); and 45 April 8, 1999. FOR FURTHER INFORMATION CONTACT: Vir CFR part 74 or 45 CFR part 92 (as Phil Youngberg, D. Anand, Center for Food Safety and applicable). Executive Order 12372 Regional Environmental Office (4 PT). Applied Nutrition (HFS–215), Food and requiring intergovernmental review is Drug Administration, 200 C St. SW., [FR Doc. 99–9227 Filed 4–13–99; 8:45 am] not applicable to this program. This Washington, DC 20204, 202–418–3081. program is not subject to the Public BILLING CODE 6820±23±M SUPPLEMENTARY INFORMATION: In a notice Health System Reporting requirements. published in the Federal Register of The Public Health Service (PHS) is August 27, 1998 (63 FR 45820), FDA committed to achieving the health DEPARTMENT OF HEALTH AND announced that a food additive petition promotion and disease prevention HUMAN SERVICES (FAP 8B4618) had been filed by Ciba objectives of ‘‘Healthy People 2000.’’ Health Resources and Services Specialty Chemicals Corp., c/o Keller ‘‘Healthy People 2000,’’ the full report, Administration; Delegation of and Heckman, 1001 G St. NW., suite 500 is currently out of print. You may obtain Authority West, Washington, DC 20001. (The the objectives from the latest ‘‘Healthy petitioner is no longer represented by People 2000 Review.’’ A copy may be Notice is hereby given that I have Keller and Heckman. The address of the obtained by calling the National Center delegated to the Administrator, Health petitioner is 540 White Plains Rd., P.O. for Health Statistics, telephone (301) Resources and Services Administration Box 2005, Tarrytown, NY 10591–9005.) 436–8500. (HRSA), all authorities vested in the The petition proposed to amend the Smoke Free Workplace: PHS strongly Secretary of Health and Human Services food additive regulations in § 178.2010 encourages all grant recipients to to make grants for the Medicare Rural Antioxidants and/or stabilizers for provide a smoke-free workplace and Hospital Flexibility Program and for polymers (21 CFR 178.2010) to provide promote the non-use of all tobacco Rural Emergency Medical Services for the expanded safe use of tris(2,4-di- products. This is consistent with the
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PHS mission to protect and advance the A. General Program Purpose E. Assisting with the determination physical and mental health of the The purpose of the Health Professions of, need for, and location of tutorial American people. Recruitment program is to increase the services; and F. Other related activities which will DATES: A. Application Receipt Date—An number of American Indians and Alaska Natives entering the health professions help to retain students in school. original and two copies of the 4. To work in close cooperation with and to ensure an adequate supply of completed grant application must be the IHS, tribes, tribal organizations and health professionals to the IHS, Indian submitted with all required urban Indian organizations, in locating documentation to the Grants tribes, tribal organizations, and urban and identifying non-academic period Management Branch, Division of Indian organizations involved in the placement opportunities and practicum Acquisition and Grants Management, provision of health care to Indian experiences, i.e., the IHS Extern Twinbrook Building, Suite 100, 12300 people. Program authorized under section 105 Twinbrook Parkway, Rockville, B. Eligibility and Preference of Pub. L. 94–437, as amended, assisting Maryland 20852, by close of business students with individual development May 28, 1999. The following organizations are eligible with preference given in the plans in conjunction with identified placement opportunities; monitoring Applications shall be considered as order of priority to: meeting the deadline if they are either: 1. Indian tribes, students to identify and evaluate (1) Received on or before the deadline 2. Indian tribal organizations, possible problems; and monitoring and with hand carried applications received 3. urban Indian organizations and evaluating all placement and practicum by close of business 5 p.m.; or (2) other Indian health organizations; and experiences within the IHS to further postmarked on or before the deadline 4. public and other nonprofit private develop and modify the program. and received in time to be reviewed health or educational entities D. Required Affiliation along with all other timely applications. A legibly dated receipt from a C. Program Objectives If the applicant is an Indian tribe, commercial carrier on the U.S. Postal Each proposal must address the tribal organization, urban organization Service will be accepted in lieu of a following four objectives to be or other Indian health organization, or a postmark. Private metered postmarks considered for funding: public or nonprofit private health will not be accepted as proof of timely 1. Identifying Indians with a potential organization, the applicant must submit mailing. Late applications not accepted for education or training in the health a letter of support from at least one for processing will be returned to the professions (excluding nursing—The school accredited for the health applicant and will not be considered for Nursing profession is excluded because professions program, (excluding funding. the IHS Nursing Recruitment Grant nursing). This letter must document linkage with that educational B. Additional Dates: Program provides funding to increase the number of nurses who deliver health organization. 1. Application Review: June 15–17, care services to Indians.) and When the target population of a 1999 encouraging and assisting them: proposed project includes a particular Indian tribe or tribes, an official 2. Applicants Notified of Results: on or (A) to enroll in courses of study in document, i.e., a letter of support or about July 1, 1999 (approved, such health professions; or tribal resolution, must be submitted recommended for approval but not (B) if they are not qualified to enroll indicating that the tribe or tribes will funded, or disapproved) in any such courses of study, to undertake such postsecondary cooperate with the applicant. 3. Anticipated Start Date: August 1, education or training as may be required 1999 E. Fund Availability and Period of to qualify them for enrollment; Support FOR FURTHER INFORMATION CONTACT: For 2. Publicizing existing sources of It is anticipated that approximately program information, contact Ms. financial aid available to Indians $250,000 will be available for Patricia Lee-McCoy, Chief, Scholarship enrolled in any courses of study referred approximately 3 new grants. The Branch, Twinbrook Metro Plaza, 12300 to in paragraph (1) of this subsection or average funding level for projects in FY Twinbrook Parkway, Suite 100, who are undertaking training necessary 1998 was $72,500. The anticipated start Rockville, Maryland 20852, (301) 443– to qualify them to enroll in any such date for selected projects will be August 6197. For grants application and school. 1, 1999. Pursuant to 42 Code of Federal business management information, 3. Establishing other programs which Regulations § 36.313(c), the project contact Mrs. M. Kay Carpentier, Grants the Secretary determines will enhance period ‘‘will usually be for one to two Management Officer, Grants and facilitate the enrollment of Indians years.’’ However, under this notice, Management Branch, Division of in, and the subsequent pursuit and projects will be awarded for a budget Acquisition and Grants Management, completion by them of courses of study term of 12 months, with a maximum Indian Health Service, Twinbrook referred to in paragraph (1) of this project period of up to three (3) years. Building, Suite 100, 12300 Twinbrook section. To delivery the necessary A maximum project period of three (3) Parkway, Rockville, Maryland 20852 student support systems to help to years is required so that key staff, such (301) 443–5204. (The telephone ensure that students who are recruited as project directors, may be recruited, numbers are not toll-free numbers). successfully complete their academic training. Support services may include: without the financial and career SUPPLEMENTARY INFORMATION: This A. Providing career counseling and uncertainty of a one or two year budget announcement provides information on academic advice; period and to enable the projects to the general program purpose, eligibility B. Assisting students to identify carry out their recruitment activities and preference, program objectives, academic deficiencies; without the added activity of applying required affiliation, fund availability C. Assisting students to locate for a grant every one or two years. Grant and period of support, type of program financial aid; funding levels include both direct and activities considered for support, and D. Monitoring students to identify indirect costs. Funding of succeeding application procedures for FY 1999. possible problems; years will be based on the FY 1999
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Identify who will perform the with potential for health professions —Workplan evaluation and when. degree programs (excluding nursing), —Completed IHS Application Checklist and to provide support services to —Application Receipt Card, PHS 3038– 2. Project Administration (20 Pts.) 1 Rev. 5–90. Indian students who are recruited. a. Provide an organizational chart G. Application Process I. Application Instructions (include in appendix). Describe the administrative, managerial and An IHS Recruitment Grant The following instructions for preparing the application narrative also organizational arrangements and the Application Kit, including the required facilities and resources to be utilized to PHS 5161–1 (Rev.. 5/96) (OMB constitute the standards (criteria or basis for evaluation) for reviewing and conduct the proposed project. Approval No. 0920–0428) and the U.S. b. Provide the name and Government Standard forms (SF–424, scoring the application. Weights assigned each section are noted in qualifications of the project director or SF–424A and SF–424B), may be other individuals responsible for the obtained from the Grants Management parenthesis. Abstract—An abstract may not exceed conduct of the project; the qualifications Branch, Division of Acquisition and of the principal staff carrying out the Grants Management, Indian Health one typewritten page. The abstract should clearly present the application in project; and a description of the manner Service, 12300 Twinbrook Parkway, in which the applicant’s staff is or will Suite 100, Rockville, Maryland 20852, summary form, from a ‘‘who-what- when-where-how-cost’’ point of view so be organized and supervised to carry out telephone (301) 443–5204. (This is not the proposed project. Include a toll free number.) that reviewers see how the multiple parts of the application fit together to biographical sketches of key personnel H. Grant Application Requirements form a coherent whole. (or job descriptions if the position is vacant) (include in appendix). All applications must be single- Table of Conents—Provide a one page spaced, typewritten, and consecutively typewritten table of contents. c. Describe any prior experience in administering similar projects. numbered pages using black type not Narrative smaller than 12 characters per one inch, d. Discuss the commitment of the with conventional one inch border 1. Introduction and Potential organization, i.e., although not required, margins, on only one side of standard Effectiveness (30 Pts.) the level of non-Federal support. List the intended financial participation, if size 81⁄2 × 11 paper that can be a. Describe your legal status and photocopied. The application narrative organization. any, of the applicant in the proposed (not including abstract, tribal b. State specific objectives of the project specifying the type of resolutions or letters of support, project, which are measurable in terms contributions such as cash or services, standard forms, table of contents or the of being quantified, significant to the loans of full or part-time staff, appendix) must not exceed 20 typed needs of Indian people, logical, equipment, space, materials or facilities pages as described above. All complete and consistent with the or other contributions. applications must include the following purpose of sec. 102. 3. Accessibility to Target Population (20 in the order presented: c. Describe briefly what the project Pts.) —Standard Form 424, Application for intends to accomplish. Identify the expected results, benefits, and outcomes a. Describe the current and proposed Federal Assistance participation of Indians (if any) in your —Standard Form 424A, Budget or products to be derived from each organization. Information—Non-Construction objective of the project. b. Identify the target Indian Programs, (pages 1 and 2) d. Provide a project specific work —Standard Form 424B, Assurances— plan (milestone chart) which lists each population to be served by your Non-Construction Programs (front and objective, the task to be conducted in proposed project and the relationship of back) order to reach the objective, and the your organization to that population. —Certifications, PHS 5161–1, (pages timeframe needed to accomplish each c. Describe the methodology to be 17–19) task. Timeframes should be projected in used to access the target population. —Checklist, PHS 5161–1, (pages 25–26), a realistic manner to assure that the 4. Relationship of Objectives to Health NOTE: Each standard form and the scope of work can be completed within Professional Deficiencies (20 Pts.) checklist is contained in the PHS each budget period. (A work plan format Grant Application, Form PHS 5161–1 is provided.) a. Provide data and supporting (Revised 5/96) e. In the case of proposed projects for documentation to address the —Project Abstract (one page) identification of Indians with a potential relationship of objectives to health —Table of Contents for education or training in the health professional deficiencies. —Program Narrative to include: professions (excluding nursing), include b. Indicate the number of potential —Introduction and Potential a method for assessing the potential of Indian students to be contacted and Effectiveness of Project interested Indians for undertaking recruited as well as potential cost per —Project Administration necessary education or training in such student recruited. Those projects that —Accessibility to Target Population health professions. have the potential to serve a greater —Relationship of Objectives to f. State clearly the criteria by which number of Indians will be given first Manpower Deficiencies the project’s progress will be evaluated consideration.
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5. Soundness of Fiscal Plan (10 Pts.) Form 269 (long form) will be used for Dated: April 4, 1999. (a) Clearly define the budget. Provide financial reporting. Michael H. Trujillo, a justification and detailed breakdown K. Grant Administration Requirements Assistant Surgeon General Director. [FR Doc. 99–9310 Filed 4–13–99; 8:45 am] of the funding by category for the first Grants are administered in accordance year of the project. Information on the with the following documents: BILLING CODE 4160±16±M project director and project staff should 1. 45 CFR part 91, HHS, Uniform include salaries and percentage of time Administrative Requirements for Grants assigned to the grant. List equipment DEPARTMENT OF HEALTH AND and Cooperative Agreements to State HUMAN SERVICES purchases necessary for the conduct of and Local Governments, or 45 CFR part the project. 74, Uniform Administrative National Institutes of Health b. The available funding level of Requirements for Awards and $250,000 is inclusive of both direct and Subawards to Institutions of Higher National Center for Research indirect costs. Pursuant to Public Health Education, Hospitals, Other Nonprofit Resources; Notice of Meeting Service Grants Policy (DHHS Organizations, and Commercial Publication No. (OASH) 94–50,000 Organization; and Certain Grants and Pursuant to section 10(d) of the (Rev.) April 1, 1994), a ‘training grant’ Agreements with States, Local Federal Advisory Committee Act, as includes a grant for ‘‘training or other Governments and Indian Tribal amended (5 U.S.C. Appendix 2), notice educational purposes’’, and the Governments. is hereby given of the following Department of Health and Human 2. PHS Grants Policy Statement, and meeting. Services considers this grant activity as 3. Appropriate Cost Principles: OMB The meeting will be open to the having an educational purpose. Because Circular A–21, Educational Institutions, public as indicated below, with this project has an educational purpose, OMB Circular A–87, State and Local attendance limited to space available. and therefore, is for a training grant, the Governments, and OMB Circular A–122, Individuals who plan to attend and Department of Health and Human Non-profit Organizations. Services’ policy limiting reimbursement need special assistance, such as sign of indirect costs or 8 percent of total L. Objective Review Process language interpretation or other direct costs (exclusive of tuition and Applications meeting eligibility reasonable accommodations, should related fees and expenditures for requirements that are complete, notify the Contact person listed below equipment) is applicable. This responsive, and conform to this program in advance of the meeting. limitation applied to all institutions of announcement will be reviewed by an The meeting will be closed to the higher education other than agencies of Objective Review Committee (ORC) in public in accordance with the State and local government. accordance with IHS objective review provisions set forth in sections c. Projects requiring additional years procedures. The objective review 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., must include a program narrative and process ensures a nationwide as amended. The grant applications and categorical budget and justification for competition for limited funding. The the discussions could disclose each additional year of funding ORC will be comprised of IHS (40% or confidential trade secrets or commercial requested (this is not considered part of less) and other federal or non-federal property such as patentable material, the 20-page narrative). individuals (60% or more) with and personal information concerning Appendix—to include: appropriate expertise. The ORC will individuals associated with the grant a. Tribal Resolution(s) or Letter of review each application against applications, the disclosure of which Support established criteria. Based upon the would constitute a clearly unwarranted b. Biographical sketches of key evaluation criteria, the reviewers will invasion of personal privacy. personnel or position descriptions if assign a numerical score to each Name of Committee: National Center for position is vacant application, which will be used in Research Resources Initial Review Group, c. Organizational chart making the final funding decision. Research Centers in Minority Institutions d. Workplan Approved applications scoring less than Review Committee. e. Completed IHS Application 60 points will not be considered for Date: June 7–8, 1999. Checklist funding. Open: June 7, 1999, 8:00 am to 9:30 am. f. Application Receipt Card, PHS Agenda: To discuss program planning and 3038–1 Rev. 5–90. M. Results of the Review program accomplishments. The results of the objective review are Place: Holiday Inn Bethesda, 8120 J. Reporting forwarded to the Director, Office of Wisconsin Ave, Bethesda, MD 20814. Closed: June 7, 1999, 9:30 am to 1. Progress Report—Program progress Management Support (OMS), for final Adjournment. reports shall be required semiannually. review and approval. The Director, Agenda: To review and evaluate grant These reports will include a brief OMS, will also consider the applications. description of a comparison of actual recommendations from the Acting Place: Holiday Inn Bethesda, 8120 accomplishments to the goals Director, Division of Health Professions Wisconsin Ave, Bethesda, MD 20814. established for the period, reasons for Support, and the Grants Management Contact Person: Grace S. Ault, PhD, slippage and other pertinent Branch. Applicants are notified in Scientific Review Administrator, Office of information as required. A final report writing on or about July 1, 1999. A Review, National Center for Research is due 90 days after expiration of the Notice of Grant Award will be issued to Resources, 6705 Rockledge Drive, MSC 7965, Room 6018, Bethesda, MD 20892–7965, 301– budget/project period. successful applicants. Unsuccessful 435–0822. 2. Financial Status Report— applicants are notified in writing of (Catalogue of Federal Domestic Assistance Semiannually financial status reports disapproval. A brief explanation of the Program Nos. 93.306, Comparative Medicine, will be submitted 30 days after the end reasons the application was not 93.306; 93.333, Clinical Research, 93.333; of the half year. A final financial status approved is provided along with the 93.371, Biomedical technology; 93.389, report is due 90 days after expiration of name of an IHS official to contact if Research infrastructure, National Institutes of the budget/project period. Standard more information is desired. Health, HHS)
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Dated: April 7, 1999. Dated: April 7, 1999. DEPARTMENT OF HEALTH AND Laverne Y. Stringfield, LaVerne Y. Stringfield, HUMAN SERVICES Committee Management Officer, NIH. Committee Management Officer, NIH. National Institutes of Health [FR Doc. 99–9256 Filed 4–13–99; 8:45 am] [FR Doc. 99–9255 Filed 4–13–99; 8:45 am] BILLING CODE 4140±01±M BILLING CODE 4140±01±M National Institute of Neurological Disorders and Stroke; Notice of Closed Meeting DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES Pursuant to section 10(d) of the Federal Advisory Committee Act, as National Institutes of Health National Institutes of Health amended (5 U.S.C. Appendix 2), notice is hereby given of the following National Center for Research National Institute of Neurological meeting. Resources; Notice of Meeting Disorders and Stroke; Notice of Closed The meeting will be closed to the Meeting public in accordance with the Pursuant section 10(d) of the Federal provisions set forth in sections Advisory Committee Act, as amended (5 Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., U.S.C. Appendix 2), notice is hereby Federal Advisory Committee Act, as as amended. The contract proposals and given of the following meeting. amended (5 U.S.C. Appendix 2), notice the discussions could disclose The meeting will be open to the is hereby given of the following confidential trade secrets or commercial public as indicated below, with meeting. property such as patentable material, attendance limited to space available. and personal information concerning The meeting will be closed to the individuals associated with the contract Individuals who plan to attend and public in accordance with the need special assistance, such as sign proposals, the disclosure of which provisions set forth in sections language interpretation or other would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., reasonable accommodations, should invasion of personal privacy. as amended. The grant applications and notify the Contact Person listed below Name of Committee: National Institute of in advance of the meeting. the discussions could disclose Neurological Disorders and Stroke Special confidential trade secrets or commercial Emphasis Panel. The meeting will be closed to the property such as patentable material, Date: April 21, 1999. public in accordance with the and personal information concerning Time: 12:00 pm to 2:00 pm. provisions set forth in sections individuals associated with the grant Agenda: To review and evaluate contract 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which proposals. as amended. The grant applications and Place: Neuroscience Center, National would constitute a clearly unwarranted the discussions could disclose Institutes of Health, 6001 Executive Blvd., invasion of personal privacy. confidential trade secrets or commercial Bethesda, MD 20892, (Telephone Conference property such as patentable material, Name of Committee: National Institute of Call). Neurological Disorders and Stroke Special Contact Person: Phillip F. Wiethorn, and personal information concerning Scientific Review Administrator, Scientific Emphasis Panel. individuals associated with the grant Review Branch, NINDS/NIH/DHHS, applications, the disclosure of which Date: May 25, 1999. Neuroscience Center, 6001 Executive Blvd, would constitute a clearly unwarranted Time: 8:30 am to 6:00 pm. Suite 3208, MSC 9529, Bethesda, MD 20892– invasion of personal privacy. Agenda: To review and evaluate grant 9529, 301–496–9223. This notice is being published less than 15 Name of Committee: National Center for applications. Place: One Washington Circle Hotel, days prior to the meeting due to the timing Research Resources Initial Review Group, limitations imposed by the review and Washington, DC 20037. General Clinical Research Centers Review funding cycle. Contact Person: Lillian M. Pubols, PhD, Committee. (Catalogue of Federal Domestic Assistance Chief, Scientific Review Branch, NINDS/ Date: June 16–17, 1999. Program Nos. 93.853, Clinical Research Open: June 16, 1999, 8:00 am to 9:30 am. NIH/DHHS, Neuroscience Center, 6001 Related to Neurological Disorders; 93.854, Agenda: To discuss program planning and Executive Blvd; Suite 3208, MSC 9529, Biological Basis Research in the program accomplishments. Bethesda, MD 20892–9529, 301–496–9223, Neurosciences, National Institutes of Health, Place: DoubleTree Hotel, 1750 Rockville [email protected] HHS) Pike, Rockville, MD 20852. (Catalogue of Federal Domestic Assistance Dated: April 7, 1999. Closed: June 16, 1999, 9:30 am to Program Nos. 93.853, Clinical Research LaVerne J. Stringfield, Adjournment. Related to Neurological Disorders; 93.854, Committee Management Officer, NIH. Agenda: To review and evaluate grant Biological Basis Research in the [FR Doc. 99–9258 Filed 4–13–99; 8:45 am] applications. Neurosciences, National Institutes of Health, BILLING CODE 4140±01±M Place: DoubleTree Hotel, 1750 Rockville HHS) Pike, Rockville, MD 20852. Dated: April 7, 1999. Contact Person: Charles G. Hollingsworth, DPH, Deputy Director, Office of Review, LaVerne V. Stringfield, DEPARTMENT OF HEALTH AND National Center for Research Resources, 6705 Committee Management Officer, NIH. HUMAN SERVICES Rockledge Drive, MSC 7965, Room 6018, [FR Doc. 99–9257 Filed 4–13–99; 8:45 am] National Institutes of Health Bethesda, MD 20892–7965, (301) 435–0818. BILLING CODE 4140±01±M (Catalogue of Federal Domestic Assistance National institute of Environmental Program Nos. 93.306, Comparative Medicine, Health Sciences; Notice of Closed 93.306; 93.333, Clinical Research, 93.333; Meeting 93.371, Biomedical Technology; 93.389, Research Infrastructure, National Institutes of Pursuant to section 10(d) of the Health, HHS) Federal Advisory Committee Act, as
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.021 pfrm02 PsN: 14APN1 18434 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices amended (5 U.S.C. Appendix 2), notice Health and Safety Training; 93.143, NIEHS performance of the functions of the is hereby given of the following Superfund Hazardous Substances—Basic agency, including whether the meeting. Research and Education; 93.894, Resources information shall have practical utility; and Manpower Development in the The meeting will be closed to the Environmental Health Sciences, National (b) the accuracy of the agency’s estimate public in accordance with the Institutes of Health, HHS) of the burden of the proposed collection provisions set forth in sections Dated: April 7, 1999. of information; (c) ways to enhance the quality, utility, and clarity of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., LaVerne Y. Stringfield, information to be collected; and (d) as amended. The grant applications and Committee Management Officer, NIH. the discussions could disclose ways to minimize the burden of the [FR Doc. 99–9259 Filed 4–13–99; 8:45 am] confidential trade secrets or commercial collection of information on property such as patentable material, BILLING CODE 4140±01±M respondents, including through the use and personal information concerning of automated collection techniques or other forms of information technology. individuals associated with the grant DEPARTMENT OF HEALTH AND applications, the disclosure of which HUMAN SERVICES Proposed Project: Treatment Outcomes would constitute a clearly unwarranted and Performance Pilot Studies (TOPPS) invasion of personal privacy. Substance Abuse and Mental Health [OMB No. 0930–0182; extension, no change] Name of Committee: National institute of Services Administration Environmental Health Sciences Special The TOPPS program awarded Emphasis Panel, Midcareer Investigator Agency Information Collection contracts to 14 States to develop and Activities: Proposed Collection; Award in Patient-Oriented Research. pilot test performance and outcomes Comment Request Date: April 28, 1999. measures for substance abuse treatment Time: 1:30 pm to 3:30 pm. Agenda: To review and evaluate grant In compliance with section services. The pilot studies are collecting applications. 3506(c)(2)(A) of the Paperwork data from substance abuse clients, Place: NIEHS, 79 T.W. Alexander Drive, Reduction Act of 1995 concerning including pregnant women, women building 4401, Conference Room 3446, opportunity for public comment on with dependent children, adolescents, Research Triangle Park, NC 27709, proposed collections of information, the and managed care clients. Measures of (Telephone Conference Call). Substance Abuse and Mental Health addiction severity and other outcomes Contact Person: Linda K. Bass, PhD, Services Administration will publish are being obtained at admission, Scientific Review Administrator, NIEHS, PO periodic summaries of proposed discharge and post-discharge. These Box 12233 EC–24, Research Triangle Park, States were granted OMB clearance on NC 27709, (919) 541–1307 projects. To request more information on the proposed projects or to obtain a data collection until September 30, (Catalogue of Federal Domestic Assistance 1999. SAMHSA is requesting an Program Nos. 93.113, biological response to copy of the information collection Environmental Health Hazards; 93.114, plans, call the SAMHSA Reports extension of OMB approval for two of Applied Toxicological Research and Testing; Clearance Officer on (301) 443–7978. these States, Utah and North Dakota, to 93.115, Biometry and Risk Estimation— Comments are invited on: (a) Whether allow them to complete data collection. Health Risks from Environmental Exposures; the proposed collections of information The estimated burden for this extension 93.142, NIEHS Hazardous Waste Worker are necessary for the proper is summarized below.
Average bur- Annualized Number of re- Responses/re- den/response total burden spondents spondent (hrs.) (hrs.)
All States, currently approved (includes North Dakota and Utah) ...... 6,419 2.0 .51 6,551 North DakotaÐextension ...... 300 2.0 .75 450 UtahÐextension ...... 420 2.9 .20 246
Revised Total ...... 720 ...... 696
Send comments to Nancy Pearce, DEPARTMENT OF THE INTERIOR revisions will update the name and SAMHSA Reports Clearance Officer, number of the system, the authorities, Room 16–105, Parklawn Building, 5600 Office of the Secretary storage, retrievability, safeguards, and Fishers Lane, Rockville, MD 20857. retention and disposition statements, Privacy Act of 1974; As Amended; Written comments should be received and the addresses of the system Revisions to an Existing System of within 60 days of this notice. locations and system managers. Records Dated: April 7, 1999. EFFECTIVE DATE: These actions will be effective April 14, 1999. Richard Kopanda, AGENCY: Office of the Secretary, Department of the Interior. FOR FURTHER INFORMATION CONTACT: Executive Officer, SAMHSA. Team Leader, Employee and Labor [FR Doc. 99–9276 Filed 4–13–99; 8:45 am] ACTION: Proposed revisions to an existing system of records. Relations Group, Office of Personnel BILLING CODE 4162±20±P Policy, U.S. Department of the Interior, SUMMARY: In accordance with the 1849 C Street NW, MS–5221 MIB, Privacy Act of 1974, as amended (5 Washington, DC 20240. U.S.C. 552a), the Office of the Secretary SUPPLEMENTARY INFORMATION: The is issuing public notice of its intent to Department of the Interior is proposing modify an existing Privacy Act system to amend the system notice for OS–77, of records notice, OS–77, ‘‘Unfair Labor ‘‘Unfair Labor Practice Charges/ Practice Charges/Complaints.’’ The Complaints,’’ to update the name and
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(1) Team Leader, Employee and Labor for maintenance of the system, storage, Relations Group, Office of Personnel retrievability, safeguards, and retention ROUTINE USES OF RECORDS MAINTAINED IN THE Policy, U.S. Department of the Interior, and disposition statements, and the SYSTEM, INCLUDING CATEGORIES OF USERS AND 1849 C Street NW, MS–5221 MIB, THE PURPOSES OF SUCH USES: addresses of the system locations and Washington, DC 20240. system managers to reflect changes that The primary purpose of the system is (2) Personnel Officer, Bureau of have occurred since the notice was last to adjudicate charges and complaints of Indian Affairs, Division of Personnel published. Accordingly, the Department unfair labor practices. Management, 1951 Constitution of the Interior proposes to amend the Disclosures outside the Department of Avenue, NW, Washington, DC 20245. ‘‘Unfair Labor Practice Charges/ the Interior may be made : (3) Personnel Officer, U.S. Geological Complaints,’’ OS–77, in its entirety to (1) To the Federal Labor Relations Survey, National Center, 12201 Sunrise read as follows: Authority for settlement of the Valley Drive, Reston, VA 22092. Sue Ellen Sloca, complaint or appeal. (4) Personnel Officer, U.S. Fish and Office of the Secretary Privacy Act Officer, (2) To the U.S. Department of Justice Wildlife Service, Division of Personnel National Business Center. or in a proceeding before a court or Management and Organization, 1849 C adjudicative body with jurisdiction Street NW, Washington, DC 20240. INTERIOR/DOI±77 when (a) the United States, the (5) Labor Relations Officer, Bureau of SYSTEM NAME: Department of the Interior, a component Reclamation, P.O. Box 25001, Denver, CO 80225. Unfair Labor Practice Charges/ of the Department, or, when represented (6) Personnel Officer, Bureau of Land Complaints Files—Interior, DOI–77. by the government, an employee of the Department is a party to litigation or Management, Division of Personnel SYSTEM LOCATION: anticipated litigation or has an interest (530), 1849 C Street NW, Washington, (1) Employee and Labor Relations in such litigation, and (b) the DC 20240. Group, Office of Personnel Policy, U.S. Department of the Interior determines (7) Personnel Officer, National Park Department of the Interior, 1849 C Street that the disclosure is relevant or Service, Division of Personnel, Branch NW, MS–5221 MIB, Washington, DC necessary to the litigation and is of Labor Management Relations, 1849 C 20240. compatible with the purpose for which Street NW, Washington, DC 20240. (2) Bureau of Indian Affairs, Division the records were compiled. (8) Personnel Officer, Minerals of Personnel Management, 1951 (3) To appropriate Federal, State, local Management Service, Personnel Constitution Avenue, NW, Washington, or foreign agencies responsible for Division, 1110 Herndon Parkway, DC 20245. investigating or prosecuting the Herndon, VA 22070. (9) Personnel Officer, Office of (3) U.S. Geological Survey, National violation of or for enforcing or Surface Mining, Division of Personnel, Center, 12201 Sunrise Valley Drive, implementing a statute, rule, regulation, 1951 Constitution Avenue NW, Reston, VA 22092. order or license, when the disclosing Washington, DC 20245. . (4) U.S. Fish and Wildlife Service, agency becomes aware of a violation or potential violation of a statute, rule, Division of Personnel Management and NOTIFICATION PROCEDURES: regulation, order or license. Organization, 1849 C Street NW, An individual requesting notification (4) To a congressional office in Washington, DC 20240. of the existence of records on him or her response to an inquiry an individual has (5) Bureau of Reclamation, P.O. Box should address his/her request to the made to the congressional office. 25001, Denver, CO 80225. appropriate System Manager. The (6) Bureau of Land Management, POLICIES AND PRACTICES FOR STORING, request must be in writing, signed by Division of Personnel (530), 1849 C RETRIEVING, ACCESSING, RETAINING, AND the requestor, and comply with the Street NW, Washington, DC 20240. DISPOSING OF RECORDS IN THE SYSTEM: content requirements of 43 CFR 2.60. (7) National Park Service, Division of Personnel, Branch of Labor Management STORAGE: RECORD ACCESS PROCEDURES: Relations, 1849 C Street NW, Records are stored in both manual An individual requesting access to Washington, DC 20240. and electronic format. records maintained on him or her (8) Minerals Management Service, should address his/her request to the RETRIEVABILITY: Personnel Division, 1110 Herndon appropriate System Manager. The Parkway, Herndon, VA 22070. Records are retrieved by name of request must be in writing, signed by (9) Office of Surface Mining, Division individual filing charge or complaint the requestor, and comply with the of Personnel, 1951 Constitution Avenue and Docket or Case Number. requirements of 43 CFR 2.63. NW, Washington, DC 20245. SAFEGUARDS: CONTESTING RECORD PROCEDURES: CATEGORIES OF INDIVIDUALS COVERED BY THE Access to records is limited to An individual requesting amendment SYSTEM: authorized personnel. Manual records of a record maintained on him or her Departmental employees filing unfair are stored in locked metal file cabinets should address his/her request to the labor practice charges/complaints. or in metal file cabinets in secured appropriate System Manager. The premises. Electronic records are request must be in writing, signed by CATEGORIES OF RECORDS IN THE SYSTEM: maintained with access controls the requestor, and comply with the Formal charges and complaints; meeting the requirements of 43 CFR content requirements of 43 CFR 2.71. name, address, and other personal 2.51. information about individuals filing RECORD SOURCE CATEGORIES: charges and complaints; transcripts of RETENTION AND DISPOSAL: Individuals filing charges and hearings (if held); and relevant Records are retained and disposed of complaints, colleagues and supervisors information about other individuals in in accordance with General Records of complainants, and management complainants’ work units. Schedule No. 6, Item 29. officials.
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EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Revenue Service will not be used or None. Federal Claims Collection Act of shared for any other Departmental [FR Doc. 99–9278 Filed 4–13–99; 8:45 am] 1965, Pub. L. 89–508, Debt Collection purpose or disclosed to another Federal, Act of 1982, Pub. L. 97–365, E.O. 9397, state, or local agency which seeks to BILLING CODE 4310±RJ±P and Debt Collection Improvement Act of locate the same individuals for its own 1996, Pub. L. 104–134. debt collection purpose. (7) To any creditor Federal agency DEPARTMENT OF THE INTERIOR ROUTINE USES OF RECORDS MAINTAINED ON THE SYSTEM, INCLUDING CATEGORIES OF USERS AND seeking assistance for the purpose of Office of the Secretary THE PURPOSES OF SUCH USES: that agency implementing administrative or salary offset Privacy Act of 1974; as Amended; The primary purpose of the system is to collect debts owed to the Department procedures in the collection of unpaid Revisions to an Existing System of financial obligations owed the United Records using salary offset or administrative offset procedures. States Government from an individual. AGENCY: Office of the Secretary, Disclosures outside the Department of (8) To the U.S. Department of Justice Department of the Interior. the Interior may be made: or to a court or adjudicative body with ACTION: Proposed revisions to an (1) To the General Accounting Office, jurisdiction when (a) the United States, existing system of records. Department of Justice, United States The Department of the Interior, a Attorney, or other Federal agencies for component of the Department, or, when SUMMARY: In accordance with the further collection action on any represented by the government, an Privacy Act of 1974, as amended (5 delinquent account when circumstances employee of the Department is a party U.S.C. 552a), the Office of the Secretary warrant. to litigation or anticipated litigation or is issuing public notice of its intent to (2) To a commercial credit reporting has an interest in such litigation, and (b) modify an existing Privacy Act system agency for the purpose of either adding the Department of the Interior of records notice, OS–84, ‘‘Delinquent to a credit history file or obtaining a determines that the disclosure is Debtor File.’’ The revisions will update credit history file for use in the relevant or necessary to the litigation the authorities statement and the administration of debt collection. and is compatible with the purpose for address of the system location and (3) To a debt collection agency for the which records were compiled. system manager. purpose of collection services to recover (9) To appropriate Federal, State, EFFECTIVE DATE: These actions will be indebtedness owed to the Department. local, or foreign agencies responsible for effective April 14, 1999. (4) To any Federal agency where the investigating or prosecuting the FOR FURTHER INFORMATION CONTACT: individual debtor is employed or violation of or for enforcing or Director, Office of Financial receiving some form of remuneration for implementing a statute, rule, regulation, Management, U.S. Department of the the purpose of enabling that agency to order, or license, when the disclosing Interior, 1849 C Street NW, MS–5412 collect debts on the Department’s behalf agency becomes aware of information MIB, Washington, DC 20240. by administrative or salary offset indicating a violation or potential of a SUPPLEMENTARY INFORMATION: The procedures under the provisions of the statute, rule, regulation, rule, order, or Department of the Interior is proposing Debt Collection Act of 1982 (Pub. L. 97– license. to amend the system notice for OS–84, 365). (10) To a congressional office in ‘‘Delinquent Debtor File,’’ to update the (5) To any other Federal agency response to an inquiry the individual authority for maintenance of the system including, but not limited to, the has made to the congressional office. statement and the address of the system Internal Revenue Service pursuant to 31 location and system manager to reflect U.S.C. 3702A, for the purpose of DISCLOSURE TO CONSUMER REPORTING changes that have occurred since the effecting an administrative offset against AGENCIES: notice was last published. Accordingly, the debtor of a delinquent debt owed to Disclosure pursuant to 5 U.S.C. the Department of the Interior proposes the Department by the debtor. 552a(b)(12). Disclosures may be made to amend the ‘‘Delinquent Debtor File,’’ (6) To the Internal Revenue Service by from this system to consumer reporting OS–84, in its entirety to read as follows: computer matching to obtain the agencies as defined in the Fair Credit mailing address of a taxpayer for the Sue Ellen Sloca, Reporting Act (15 U.S.C. 1681a(f)) or the purpose of locating such taxpayer to Federal Claims Collection Act of 1966 Office of the Secretary Privacy Act Officer, collect or to compromise a Federal National Business Center. (31 U.S.C. 3701(a)(3)) claim by the Department against the INTERIOR/OS±84 taxpayer pursuant to 26 U.S.C. POLICIES AND PRACTICES FOR STORING, 6103(m)(2) and in accordance with 31 RETRIEVING, ACCESSING, RETAINING, AND SYSTEM NAME: U.S.C. 37121, 3716, and 3718. Note: The DISPOSING OF RECORDS IN THE SYSTEM. Delinquent Debtor File—Interior, OS– Department will disclose an STORAGE: 84. individual’s mailing address obtained Records are stored in automated and SYSTEM LOCATION: from the IRS pursuant to 26 U.S.C. manual form. Office of Financial Management, U.S. 6103(m)(2) only for the purpose of debt collection. Disclosures to a debt Department of the Interior, 1849 C Street RETRIEVABILITY: NW, MS–5412 MIB, Washington, DC collection agency will be made only to Records are retrieved by the name or 20240. facilitate the collection or compromise of a Federal claim under the Debt Social Security number of the CATEGORIES OF INDIVIDUALS COVERED BY THE Collection Act of 1982. Disclosures to a individual debtor. SYSTEM: consumer reporting agency will be made Employees, former employees, and only for the limited purpose of SAFEGUARDS: other Federal employees indebted and obtaining a commercial credit report on Records are maintained with access owing money to the Department of the the individual taxpayer. Address controls meeting the requirements of 43 Interior. information obtained from the Interior CFR 2.51.
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RETENTION AND DISPOSAL: SUMMARY: In accordance with the CATEGORIES OF INDIVIDUALS COVERED BY THE Records are retained in the Office of Privacy Act of 1974, as amended (5 SYSTEM: Financial Management only for the U.S.C. 552a), the Office of the Secretary Departmental employees required to duration of computer matching is issuing public notice of its intent to file financial interests or disclosure programs. Upon conclusion of these modify an existing Privacy Act system statements as required by 5 CFR part programs, records are returned to their of records notice, OS–3, ‘‘Financial 2634 and 5 CFR 3501.101, and respective, originating bureaus/offices, Interest Statements and Ethics Departmental employees subjected to where they are retained and disposed of Counselor Decisions.’’ The revisions remedial or disciplinary action for in accordance with approved agency will update the number of the system, conflicts of interest or other ethics schedules. Backup copies are retained the authorities for maintenance of the violations. in the Office of Financial Management system, and the addresses of the system CATEGORIES OF RECORDS IN THE SYSTEM: for one calendar year, and then location and system managers. destroyed. Confidential statements of EFFECTIVE DATE: These actions will be employment and financial interests SYSTEM MANAGER(S) AND ADDRESS: effective April 14, 1999. (OGE–450, SF278 or DI–278) for Director, Office of Financial FOR FURTHER INFORMATION CONTACT: Departmental employees required to file Management, U.S. Department of the Chief, Departmental Ethics Staff, Office such statements. Public Financial Interior, MS–5412–MIB, 1849 C Street of the Deputy Assistant Secretary for Disclosure Reports required by the NW, Washington, DC 20240. Human Resources, Department of the Ethics in Government Act of 1989, as amended, (form SF–278) for individuals NOTIFICATION PROCEDURES: Interior, 1849 C Street NW, MS–5221 MIB, Washington, DC 20240. in positions which require them to file An individual requesting notification such statements. Records of conflict of of the existence of records on him or her SUPPLEMENTARY INFORMATION: In this interest decisions and appeals; analysis should address his/her request to the notice, the Department of Interior is of financial holdings; employee System Manager. The request must be in amending OS–03, ‘‘Financial Interest statements; bureau, office, and writing, signed by the requestor, and Statements and Ethics Counselor supervisor comments on covered comply with the content requirements Decisions,’’ to update the number of the employees, as requested by the bureau of 43 CFR 2.60. system to more accurately reflect the or office counselors or as needed by the Departmentwide scope of the system, to Designated Agency Ethics Official. RECORD ACCESS PROCEDURES: update the authorities for maintenance An individual requesting access to of the system to reflect changes that AUTHORITY FOR MAINTENANCE OF THE SYSTEM: records maintained on him or her have occurred since the system notice (1) 5 U.S.C. 7301; (2) 16 U.S.C. 1912; should address his/her request to the was last published, and to update the (3) 30 U.S.C. 1211; (4) 42 U.S.C. 6392; System Manager. The request must be in addresses of the system locations and (5) 43 U.S.C. 1743; (6) 43 U.S.C. 1864; writing, signed by the requestor, and system managers. Accordingly, the (7) E.O. 12674 as modified by E.O. comply with the requirements of 43 CFR Department of the Interior proposes to 12731; and (8) 5 CFR part 2634. 2.63. amend the ‘‘Financial Interest ROUTINE USES OF RECORDS MAINTAINED IN THE CONTESTING RECORD PROCEDURES: Statements and Ethics Counselor SYSTEM, INCLUDING CATEGORIES USERS AND THE Decisions,’’ OS–03 system notice in its An individual requesting amendment PURPOSES OF SUCH USES: of a record maintained on him or her entirety to read as follows: The primary uses of the system are: should address his/her request to the Sue Ellen Sloca, (1) To review employee financial System Manager. The request must be in Office of the Secretary, Privacy Act Officer, interests and determine employee writing, signed by the requestor, and National Business Center. compliance with applicable conflict of comply with the content requirements interest statutes and regulations, and to INTERIOR/DOI±03 of 43 CFR 2.71. effect remedial and disciplinary action where non-compliance is ascertained. RECORD SOURCE CATEGORIES: SYSTEM NAME: (2) To record the fact that an Departmental and bureau financial Financial Interest Statements and employee has been made aware of offices. Ethics Counselor Decisions—Interior, specifically directed legislation or DOI–03. regulations covering his/her EXEMPTIONS CLAIMED FOR THE SYSTEM: organization and that he/she is in None. SYSTEM LOCATION: compliance with such specific legislation or regulations. [FR Doc. 99–9279 Filed 4–13–99; 8:45 am] (1) Office of the Departmental Ethics BILLING CODE 4310±RK±P (3) To provide the public with access Staff, Office of the Deputy Assistant to, and to adequately control access to, Secretary for Human Resources, financial disclosure reports (which DEPARTMENT OF THE INTERIOR Department of the Interior, 1849 C Street must, by statute, be made available to NW, MS–5221 MIB, Washington, DC the public). Office of the Secretary 20240. (4) To provide an adequate system of (2) Bureau and Office Ethics records for Departmental auditors Privacy Act of 1974; as Amended; Counselors, Deputy Ethics Counselors, performing compliance audits within Revisions to an Existing System of Associate Ethics Counselors, and the Department. Disclosure outside of Records Assistant Ethics Counselors. (A list of the Department may be made: AGENCY: Office of the Secretary, these individuals, by bureau and office, (1) To the U.S. Department of Justice Department of the Interior. may be obtained from the Office of the or in a proceeding before a court or Departmental Ethics Staff or from the adjudicative body with jurisdiction ACTION: Proposed revision to an existing Department’s Internet site: http// when (a) the United States, the system of records. www.doi.gov/ethics.) Department of the Interior, a component
VerDate 23-MAR-99 15:14 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.XXX pfrm07 PsN: 14APN1 18438 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices of the Department, or, when represented POLICIES AND PRACTICES FOR STORING, RECORD ACCESS PROCEDURES: by the government, an employee of the RETRIEVING, ACCESSING, RETAINING, AND An individual requesting access to Department is a party to litigation or DISPOSING OF RECORDS IN THE SYSTEM: records maintained on him or her anticipated litigation or has an interest STORAGE: should address his/her request to the in such litigation, and (b) the disclosure appropriate System Manager. The (1) Confidential statements of is deemed by the Department of the request must be in writing, signed by employment and financial interests Interior to be relevant or necessary to the requestor, and comply with the forms OGE–450, SF278 and DI–278 are the litigation, and (c) the Department of requirements of 43 CFR 2.63. the Interior determines that disclosure is maintained in manual format, in file compatible with the purpose for which folders, and in automated format, on CONTESTING RECORD PROCEDURES: the records were compiled. computer disks and other appropriate An individual requesting amendment electronic storage media. (2) To a congressional office in of a record maintained on him or her response to an inquiry the individual (2) Public Disclosure Statements of should address his/her request to the has made to the congressional office. Known Financial Interest Forms SF–278 appropriate System Manager. The (3) To Federal, State, tribal, territorial and Confidential Supplemental Forms request must be in writing, signed by or local agencies where necessary to DI–278 are maintained in manual format the requestor, and comply with the obtain information relevant to the hiring in file folders. content requirements of 43 CFR 2.71. or retention of an employee, or the RETRIEVABILITY: RECORD SOURCE CATEGORIES: issuance of a security clearance, Employees of the Department who are contract, license, grant or other benefit. (1) Confidential statements of required to file financial interest (4) To a Federal agency which has employment and financial interests statements and bureaus and offices of requested information relevant or forms OGE–450, SF278 and DI–278 are the Department. necessary to the hiring or retention of an retrieved by employee name or position employee, or issuance of a security for each bureau and office. EXEMPTIONS CLAIMED FOR THE SYSTEM: clearance, license, contract, grant or (2) Public Disclosure Statements of None. other benefit. Known Financial Interest Forms SF–278 (5) To the Office of Government and Confidential Supplemental Forms [FR Doc. 99–9280 Filed 4–13–99; 8:45 am] Ethics to perform oversight reviews. DI–278 are retrieved by employee name BILLING CODE 4310±RK±P (6) To the public for only those and bureau. records covered by specific statutes SAFEGUARDS: DEPARTMENT OF THE INTERIOR requiring their public disclosure. (7) To appropriate Federal, State, Records are accessible by authorized Office of the Secretary tribal, territorial, local or foreign personnel only. File folders containing agencies responsible for investigating or manual records are stored in locked file Privacy Act of 1974; as Amended; prosecuting the violation of, or for cabinets in locked rooms. Computer Revisions to the Existing System of enforcing, implementing, or files containing electronic records are Records administering a statute, rule, regulation, protected by passwords and file program, facility, order, lease, license, encryption. AGENCY: Office of the Secretary, contract, grant, or other agreement, Department of the Interior. RETENTION AND DISPOSAL: when the disclosing agency becomes ACTION: Proposed revisions to an aware of a violation or potential Records are retained and disposed of existing system of records. violation of a statute, rule, regulation, in accordance with General Records SUMMARY: facility, order, lease, license, contract, Schedule No. 1, Item No. 25. In accordance with the grant or other agreement. Privacy Act of 1974, as amended (5 SYSTEM MANAGER(S) AND ADDRESS: U.S.C. 552a), the Office of the Secretary (8) To a Federal, State, tribal, is issuing public notice of its intent to territorial, local or foreign agency, or an (1) Designated Agency Ethics Official, modify an existing Privacy Act system organization, or an individual, when Deputy Assistant Secretary for Human of records notice, OS–18, reasonably necessary to obtain Resources, U.S. Department of the ‘‘Discrimination Complaints.’’ The information or assistance relating to an Interior, 1849 C Street NW, MS–5124 revisions will update the number of the audit, investigation, trial, hearing, MIB, Washington, DC 20240. system, the addresses of the system preparation for trial or hearing, or any (2) Bureau and Office Ethics locations and system managers, the other authorized activity of the Counselors, Deputy Ethics Counselors, categories of individuals covered by the Department. Associate Ethics Counselors, and system statement, and the storage, (9) To an appropriate Federal, State, Assistant Ethics Counselors. (A list of retrievability, and safeguards tribal, territorial, local or foreign court these individuals, by bureau and office, statements. or grand jury in accordance with may be obtained from the Office of the established constitutional, substantive, Departmental Ethics Staff or from the EFFECTIVE DATE: These actions will be or procedural law or practice. Department’s Internet site: http// effective April 14, 1999. (10) To an actual or potential party or www.doi.gov/ethics.) FOR FURTHER INFORMATION CONTACT: his/her attorney for the purpose of Director, Office of Equal Opportunity, negotiation or discussion on such NOTIFICATION PROCEDURES: U.S. Department of the Interior, 1849 C matters as settlement of a case or matter, An individual requesting notification Street NW, MS–5221 MIB, Washington, plea bargaining, or informal discovery of the existence of records on him or her D.C. 20240. proceedings. should address his/her request to the SUPPLEMENTARY INFORMATION: (11) To a foreign government pursuant appropriate System Manager. The In this notice, the Department of the to an international treaty, convention, or request must be in writing, signed by Interior is amending the system notice executive agreement entered into by the the requestor, and comply with the for OS–18, ‘‘Discrimination United States. content requirements of 43 CFR 2.60. Complaints,’’ to more accurately
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.117 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18439 describe the Department-wide scope of 1967, as amended (29 U.S.C. 794, et seq) and regulations, on a need-to-know the system of records, to add sexual and its implementing regulations; the basis to assist these agencies in their orientation to the list of discrimination Age Discrimination in Employment Act enforcement activities. factors in the categories of individuals of 1967, as amended (29 U.S.C. 621, et (2) To the U.S. Department of Justice covered by the system statement; to seq); Title IX of the Education or in a proceeding before a court or update the storage, retrievability and Amendments of 1972 (Pub. L. 92–318); adjudicative body with jurisdiction safeguards statements to reflect changes Section 403 of the Trans-Alaska when (a) the United States, the that have occurred since the system Pipeline Authorization Act (Pub. L. 93– Department of the Interior, a component notice was last published; and to update 153.87 Stat. 576); and Departmental of the Department, or when represented the addresses of the system locations Manual 373 DM 7, dated December 1, by the government, an employee of the and system managers. Accordingly, the 1998, subject: Equal Opportunity Department is a party to litigation or Department of the Interior proposes to Procedures for Processing Complaints of anticipated litigation or has an interest amend the ‘‘Discrimination Complaints’’ Discrimination Based on Sexual in such litigation, and (b) the disclosure notice, OS–18 in its entirety to read as Orientation. is deemed by the Department of the follows: Interior to be relevant or necessary to CATEGORIES OF RECORDS IN THE SYSTEM: Sue Ellen Sloca, the litigation, and (c) the Department of Office of the Secretary Privacy Act Officer, Complaints of discrimination; reports the Interior determines that disclosure is National Business Center. of complaints investigation and compatible with the purpose for which supplementary documentary evidence; the records were compiled. INTERIOR/DOI±18 correspondence, including requests for (3) To appropriate Federal, State, local information from other Federal SYSTEM NAME: or foreign agencies responsible for agencies, and from minority, civil rights, investigating or prosecuting the Discrimination Complaints—Interior, women’s and community organizations; violation of or for enforcing or DOI–18. documents obtained from recipients of implementing a statute, rule, regulation, SYSTEM LOCATION: permits, rights-of-way, public land order or license when the disclosing (1) Office of Equal Opportunity, U.S. orders, or other Federal authorizations, agency becomes aware of information Department of the Interior, 1849 C Street and their agents, contractors, and indicating a violation or potential NW, MS–5221 MIB, Washington, D.C. subcontractors, under the Trans-Alaska violation of a statute, rule, regulation, 20240. Bureau/office equal opportunity Pipeline Authorization Act (Pub L. 93– order or license. offices: 153, 87 Stat. 576); and relevant (4) To a congressional office in (2) Bureau of Land Management, 1849 statistical data obtained from various connection with an inquiry an C Street NW, MS–302 LS, Washington, sources. individual covered by the system has made to the congressional office. D.C. 20240. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (3) Bureau of Reclamation, P.O. Box POLICIES AND PRACTICES FOR STORING 25007, Denver, Colorado 80225–0007. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d) and RETRIEVING, ACCESSING, RETAINING AND (4) U.S. Geological Survey, MS 602, DISPOSING OF RECORDS IN THE SYSTEM: Reston, Virginia 22092. its implementing regulations (43 CFR (5) National Park Service, 1849 C part 17, subpart A); Title VII of the Civil STORAGE: Street NW, MS–2747 MIB, Washington, Rights Act of 1964, as amended (42 Within the Departmental office, D.C. 20240. U.S.C. 2000e, et seq) and its manual records are stored in file folders (6) U.S. Fish and Wildlife Service, implementing regulations (29 CFR part in a Aisle Saver System manual storage North Fairfax Drive, Room 300 Webb 1614); section 501 of the Rehabilitation system. An automated complaints Building, Arlington, Virginia 22203. Act of 1973, as amended (29 U.S.C. 791, management information system is used (7) Minerals Management Service, 381 et seq); section 504 of the Rehabilitation to manage and track the processing of Elden Street, MS 2900, Herndon, Act of 1973, as amended (29 U.S.C. 794, complaints. Virginia 20170. et seq) and its implementing regulations (8) Office of Surface Mining (43 CFR Part 17, subpart B); the Age RETRIEVABILITY: Reclamation and Enforcement, 1951 Discrimination in Employment Act of Records are retrieved by name and Constitution Avenue NW, Room 138– 1967, as amended (29 U.S.C. 621, et employing bureau of individuals filing SIB, Washington, D.C. 20240. seq); Title IX of the Education complaints, docket control number of (9) Bureau of Indian Affairs, 1849 C Amendments of 1972 (Pub.L. 92–318); complaints, and other appropriate data Street NW, MS–4554 MIB, Washington, and section 403 of the Trans-Alaska fields. D.C. 20240. Pipeline Authorization Act (Pub. L. 93– SAFEGUARDS: 153.87 Stat. 576). CATEGORIES OF INDIVIDUALS COVERED BY THE Records are maintained in accordance SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE with safeguards meeting the Individuals who claim to have been SYSTEM, INCLUDING CATEGORIES OF USERS AND requirements of the Privacy Act of 1974, discriminated against on the basis of THE PURPOSES OF SUCH USES: as amended (5 U.S.C. 552a) and race, color, sex, religion, national origin, The primary purposes of the system Departmental regulations (43 CFR part handicap, age and/or sexual orientation are: 2, subpart D). Standards for the in violation of various statutes and (1) To investigate and resolve maintenance of records subject to the regulations including Title VI and Title complaints of discrimination. Privacy Act are described in VII of the Civil Rights Act of 1964, as (2) To compile statistical information Departmental regulations (43 CFR 2.48) amended (42 U.S.C. 2000d and 42 on complaints of discrimination. and involve the content of the records, U.S.C. 2000e, et seq); Section 501 of the Disclosures outside the Department of data collection practices, and the use, Rehabilitation Act of 1973, as amended the Interior may be made: safeguarding, and disposal of personal (29 U.S.C. 791, et seq) and its (1) To other Federal agencies charged information in the records. In offices implementing regulations; the Age with the enforcement of equal where records are handled, posted Discrimination in Employment Act of employment opportunity laws, orders warning signs remind employees of
VerDate 23-MAR-99 15:14 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.XXX pfrm07 PsN: 14APN1 18440 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices access limitations, standards of conduct NOTIFICATION PROCEDURES: the Endangered Species Act of 1973, as for employees handling Privacy Act Inquiries regarding the existence of amended (Act). This notice is provided records, and possible criminal penalties records shall be addressed to the pursuant to section 10(c) of the for violation of security regulations. appropriate System Manager. The Endangered Species Act of 1973, as Access to records is limited to request must be in writing, signed by amended (16 U.S.C. 1531, et seq.). authorized personnel on a need-to-know the requester, and meet the content Permit Number TE 010064 basis. requirements of 43 CFR 2.60. Applicant: Wisconsin Department of Natural Within the Departmental office, Resources, State of Wisconsin, and RECORD ACCESS PROCEDURES: manual records are stored in a locked Twenty-five Partners. Aisle Saver System (file unit) in a room A request for access to records shall be addressed to the appropriate System The applicant requests a permit to locked with an off-master key. authorize the incidental take associated Automated records are maintained in Manager. The request must be in writing, signed by the requester, and with habitat modification (i.e., harm), of conformance with safeguards based on the Karner Blue Butterfly (Lycaeides recommendations of the National meet the content requirements of 43 CFR 2.63. melissa samuelis) which is federally Bureau of Standards contained in listed as endangered. The permit is ‘‘Computer Security Guidelines for CONTESTING RECORD PROCEDURES: requested for the State of Wisconsin, in Implementing the Privacy Act of 1974’’ A request for amendment of records its entirety, for a period of 10 years. (FIPS Pub.41, May 30, 1975). Within shall be addressed to the appropriate The Service requests comments from bureau offices, records are maintained System Manager. The request must be in the public on the incidental take permit with appropriate administrative, writing, signed by the requester, and application and the accompanying technical, and physical safeguards to meet the content requirements of 43 Wisconsin Statewide Habitat insure their security and confidentiality. CFR 2.71. Conservation Plan (Plan). The Plan fully RETENTION AND DISPOSAL: describes the proposed activities and RECORD SOURCE CATEGORIES: the measures the WDNR and 25 HCP Records are retained and disposed of Complainants; recipients of permits, Partners will undertake to conserve the in compliance with the National rights-of-way, public land orders, or species while conducting otherwise Archives and Records Administration’s other Federal authorizations, and their lawful land use activities. These General Records Schedule No.1, Item agents, contractors, subcontractors, and measures and associated impacts are No.26. employees under section 403 of the also described in the background and SYSTEM MANAGER(S) AND ADDRESS: Trans-Alaska Pipeline Authorization summary information that follow. (1) Director, Office for Equal Act (87 Stat. 576); administrators and We also request comments from the Opportunity, U.S. Department of the recipients of Government funds from public on our Draft Environmental Interior, 1849 C Street NW, MS–5221 programs administered by the Impact Statement Number DES 99–9, MIB, Washington, DC 20240: Department of the Interior; Federal, prepared in accordance with the For complaints of discrimination State, and local government agencies; National Environmental Policy Act, and arising under Title VI and VII of the community, minority, civil rights, and the Department of the Interior Manual Civil Rights Act of 1964, as amended (42 women’s organizations; unions; (516 DM 2, Appendix 1 and 516 DM 6, U.S.C. 2000d and 42 U.S.C. 2000e, Members of Congress and their staffs; Appendix 1). respectively), Departmental Manual 373 bureaus and offices of the Department of DATES: Written comments on the permit DM 7, dated December 1, 1998, section the Interior; and confidential application and Plan should be received 501 of the Rehabilitation Act of 1973, as informants, to the extent they possess on or before June 14, 1999. amended (29 U.S.C. 791, et seq); section relevant data otherwise unavailable. ADDRESSES: Individuals wishing copies 504 of the Rehabilitation Act of 1973, as EXEMPTIONS CLAIMED FOR THE SYSTEM: of the permit application, Habitat amended (29 U.S.C. 794, et seq.) and its Conservation Plan, or Draft None. implementing regulations; the Age Environmental Impact Statement, may Discrimination in Employment Act of [FR Doc. 99–9281 Filed 4–13–99; 8:45 am] contact the office and personnel listed 1967, as amended (29 U.S.C. 621, et BILLING CODE 4310±RE±P below. The Habitat Conservation Plan seq); and Title IX of the Education and Draft Environmental Impact Amendments of 1972 (Pub. L. 92–318). Statement may be accessed through the (2) Director, Alaska State Office, DEPARTMENT OF THE INTERIOR internet at the U.S. Fish and Wildlife Bureau of Land Management, 222 West Service’s Web Page (http:// 7th Avenue #13, Anchorage, Alaska Fish and Wildlife Service www.fws.gov/r3pao) or the Wisconsin 99513: Endangered and Threatened Species Department of Natural Resources Web For complaints arising under section Permit Application Page (http://www.dnr.state.wi.us/org/ 493 of the Trans-Alaska Pipeline land/er/publications/karner/ Authorization Act (Pub. L. 93–153, 87 AGENCY: Fish and Wildlife Service, karner.htm). Documents also will be Stat. 576). Interior. available for public inspection, by (3) Associate Solicitor, Division of ACTION: Notice of receipt of permit appointment, during normal business General Law, Office of the Solicitor, application and availability of Habitat hours at the address below. U.S. Department of the Interior, 1849 C Conservation Plan and Environmental Document Availability: U.S. Fish and Street NW, MS–6530 MIB, Washington, Impact Statement. Wildlife Service, 1015 Challenger Court, DC 20240: Green Bay, Wisconsin 54311, (920) 465– For complaints of discrimination SUMMARY: This notice advises the public 7440; FAX (920) 465–7410. arising under Title VII of the Civil that the Department of Natural Three public information meetings are Rights of 1964, as amended (42 U.S.C. Resources, State of Wisconsin (WDNR) scheduled to provide the public an 2000e) which are filed against the has applied to the Fish and Wildlife additional forum to learn about the Departmental Office for Equal Service (Service) for an incidental take HCP/EIS and proposed activities. Opportunity. permit pursuant to section 10(a)(1)(B) of Representatives from the U.S. Fish and
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Wildlife Service, the WDNR, and others and reintroduction of the Karner blue New partners to the HCP that enter into will be available at these meetings. butterfly into Ohio. At the time of the process after the proposed permit is Meetings will begin at 5:00 with listing, the primary threats to the Karner issued will be provided with Certificates question and answer period, followed blue butterfly were habitat loss due to of Inclusion by the Service once they by presentations and gathering of modification and destruction, habitat have signed an SHCA that meets Service comments at 6:00pm. Meeting locations loss due to the absence of natural and State criteria. are as follows: disturbances, silviculture and The WDNR and partners have Tuesday, May 11, 1999—Siren, fragmentation of remaining habitat. identified a variety of conservation Wisconsin, at the Burnett County The habitat of the Karner blue activities that will be undertaken to Government Center, 7410 County butterfly is characterized by the minimize harm to the butterfly and Road K, Siren, WI 54872, (Room presence of wild lupine (Lupinus mitigate unavoidable permanent take number to be posted) perennis), a member of the pea family. during otherwise lawful land use Wednesday, May 12, 1999—Black River Wild lupine is the only known larval activities. Strategies are included for Falls, at the County Courthouse, 307 food plant for the species and is, conservation in forestry management, Main Street, Black River Falls, WI therefore, closely tied to the butterfly’s right-of-way management, barrens 54615, (County Board Room) ecology and distribution. In the management, transportation corridor Thursday, May 13, 1999—Wisconsin Midwest, the habitat is dry and sandy, management, and management of areas Rapids, at the Midstate Technical including oak savanna and jack pine to benefit recovery of the species. College, 500 32nd Street, N, areas, and dune/sandplain WDNR proposes to be responsible to Wisconsin Rapids, WI 54494, (L communities. It is believed that the ensure compliance and supervise Building Auditorium) Karner blue butterfly originally occurred monitoring of take activities. The WDNR, in the HCP and Written comments regarding the as shifting clusters of populations, or application, is proposing a statewide permit application, the HCP or Draft EIS metapopulations, across a vast fire- Participation Plan that identifies the should be addressed to the Regional swept landscape covering thousands of roles and responsibilities of the current Director, U.S. Fish and Wildlife Service, acres. While the fires resulted in partners and describes: (a) The process 1 Federal Drive, Fort Snelling, localized extirpation, post-fire for incorporating new partners into the Minnesota 55111–4056. Comments must vegetational succession promoted Permit, (b) articulates when and what be submitted to this address to be colonization and rapid population buildups (Schweitzer 1989). activities require a separate, individual considered by the Service in its final In Wisconsin, Karner blue butterfly permit or authorization, and (c) decision. Please refer to permit number populations are concentrated across the encourages private landowner TE 010064 when submitting comments. central counties and in the northwest. participation in conservation of the FOR FURTHER INFORMATION CONTACT: Ms. The populations occur primarily on Karner blue butterfly throughout Lisa Mandell, U.S. Fish and Wildlife sandy soil areas that support wild Wisconsin on a voluntary basis. The Service, Fort Snelling, Minnesota, lupine, although presence of this habitat latter strategy involves encouraging telephone 612–713–5343. alone does not indicate presence of conservation of the Karner blue butterfly SUPPLEMENTARY INFORMATION: Under Karner blue butterflies. It appears that through a geographically focused Section 9 of the Act and applicable other climatic and biological factors also education and outreach program federal regulations, the ‘‘taking’’ of a influence suitability of habitat. implemented by partners with no species listed as endangered or Currently, abandoned agricultural regulatory mandate attached to this threatened is prohibited. However, the fields, transportation corridors, rights-of group of landowners (conservation by Service, under limited circumstances, way, managed forests, managed barrens, this group is optional). This is an may issue permits to ‘‘take’’ listed savannas, and prairies are areas where extremely innovative approach, but has species, provided such take is incidental one might find Karner blue butterflies in been proposed based on an extensive, to, and not the purpose of, an otherwise Wisconsin. biologically justified analysis of the risk lawful activity. Regulations governing Following the listing of the butterfly, involved in terms of potential to take permits for endangered species are the Wisconsin Department of Natural the butterfly, a rigorous outreach promulgated in 50 CFR 17.22. Resources recognized the need to program, and conservation Regulations governing permits for address take of the butterfly while commitments by the WDNR and 25 threatened species are promulgated in conducting otherwise lawful land use partners. The WDNR developed the risk 50 CFR 17.32. activities, including forest management, assessment associated with savanna management, etc. A coalition implementation of the Participation Background was formed, and the result of the effort Plan, which graphically demonstrates The Karner blue butterfly (Lycaeides is the Habitat Conservation Plan (by county) the biological risk and melissa samuelis) was federally-listed as summarized below, which is currently mitigation potential associated with endangered on December 14, 1992. under consideration for an incidental implementation of the Participation Historically, the Karner blue butterfly take permit. Plan. The expectation is that the occurred in a narrow band extending combination of mitigation by the DNR from eastern Minnesota, across portions Summary of the Habitat Conservation and Partners, realized through their of Wisconsin, Illinois, Indiana, Iowa, Plan conservation and recovery commitments Michigan, Ohio, Canada (Ontario), The WDNR is interested in and efforts to maximize outreach in the Pennsylvania, New York, Maine, administering the Incidental Take areas most critical to survival and Massachusetts, and New Hampshire. At Permit for lands throughout the state. conservation of the species, will provide the time of listing, the butterfly was Twenty-six partners are included in the a net benefit to the species. The Service considered to be extirpated from application. The WDNR has developed proposes to condition approval of this Illinois, Iowa, Maine, Massachusetts, a Species and Habitat Conservation Participation Plan on a three year trial Ohio, Pennsylvania, and Ontario. To Agreement (SHCA) for state lands and period for implementation of this date, recovery efforts have included twenty-five partners to the HCP have strategy, along with a detailed and conservation of existing populations entered into an SHCA with the WDNR. extensive reporting requirement
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.026 pfrm02 PsN: 14APN1 18442 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices designed to monitor the success of its the Endangered Species Act of 1973, as in the community of Los Osos, San Luis implementation. amended (16 U.S.C. 1531, et seq.). Obispo County, California. The permit The monitoring program includes PRT–697830 application includes a Habitat three components: (1) An effectiveness Applicant: Assistant Regional Director, Conservation Plan and an monitoring protocol implemented Ecological Services, Region 3, U.S. Fish Implementation Agreement, both of yearly to detect statewide trends of the and Wildlife Service, Fort Snelling, which are available for public review Karner blue butterfly habitat, presence Minnesota. and comment. The Service also and relative abundance, (2) self- The applicant requests an amendment announces the availability of an monitoring to integrate partner survey to his permit for scientific take activities Environmental Assessment for the and management information, and (3) of listed species in Region 3 to add the proposed issuance of the incidental take an adaptive management approach. As Topeka shiner (Notropis topeka), a permit. All comments on the part of an adaptive management recently listed species, for scientific Assessment and permit application will approach, the partners have agreed that purposes and the enhancement of become part of the administrative record modified conservation measures and propagation or survival of the species in and may be released to the public. alternative management regimes will be the wild, in accordance with listing, DATES: Written comments should be implemented if monitoring indicates recovery outlines, recovery plans and/or received on or before May 14, 1999. that conservation efforts do not produce other Service work for the species. ADDRESSES: Comments should be the anticipated, desirable result for the Written data or comments should be addressed to Diane Noda, Field butterfly. submitted to the Regional Director, U.S. Supervisor, Fish and Wildlife Service, The stated biological goal of this HCP Fish and Wildlife Service, Ecological 2493 Portola Road, Suite B, Ventura, is no-net-loss of habitat for the Karner Services Operations, 1 Federal Drive, California 93003; facsimile (805) 644– blue butterfly over the life of the plan. Fort Snelling, Minnesota 55111–4056, 3958. A primary objective is to maintain a and must be received within 30 days of FOR FURTHER INFORMATION CONTACT: Kate shifting mosaic of habitat across the the date of this publication. Symonds, Fish and Wildlife Biologist, at Wisconsin landscape over time, which Documents and other information the above address or telephone (805) will provide for the ecological needs of submitted with these applications are 644–1766. the species. available for review by any party who SUPPLEMENTARY INFORMATION: This notice is provided pursuant to submits a written request for a copy of section 10(c) of the Act. The Service such documents to the following office Document Availability will evaluate the permit application, within 30 days of the date of publication If you would like copies of the HCP, Implementation Agreement, of this notice: U.S. Fish and Wildlife documents for review, please contact Partners’ Species and Habitat Service, Ecological Services Operations, the office listed above immediately. Conservation Agreements, and 1 Federal Drive, Fort Snelling, Documents also are available for comments submitted relative to the Minnesota 55111–4056. Telephone: inspection, by appointment, during proposed action to determine whether (612/713–5343); FAX: (612/713–5292). normal business hours at the above the application meets the requirements Dated: April 7, 1999. address. of section 10(a) of the Act. If it is Charles M. Wooley, Background determined that the requirements are Assistant Regional Director, Ecological met, a permit will be issued for the Services, Region 3, Fort Snelling, Minnesota. Under Section 9 of the Endangered incidental take of Karner blue butterfly. [FR Doc. 99–9248 Filed 4–13–99; 8:45 am] Species Act and its implementing Reference Cited BILLING CODE 4310±55±P regulations, taking of threatened and endangered wildlife species is Schweitzer, D.F. 1989. Fact sheet for the prohibited. Under the Act, the term Karner blue butterfly with special DEPARTMENT OF THE INTERIOR ‘‘take’’ means to harass, harm, pursue, reference to New York. The Nature hunt, shoot, wound, kill, capture or Conservancy, internal document, 7 pp. Fish and Wildlife Service collect listed wildlife, or attempt to Dated: April 6, 1999. engage in such conduct. Harm includes Marvin E. Moriarty, Availability of an Environmental habitat modification that kills or injures Acting Regional Director, Region 3, Fort Assessment and Receipt of wildlife by significantly impairing Snelling, Minnesota. Application for an Incidental Take essential behavioral patterns, including [FR Doc. 99–9247 Filed 4–13–99; 8:45 am] Permit for the Hord Residential breeding, feeding, or sheltering. Under BILLING CODE 4310±55±P Development Project, in Los Osos, San limited circumstances, the Service may Luis Obispo County, California issue permits to take threatened or AGENCY: Fish and Wildlife Service, endangered wildlife species if such DEPARTMENT OF THE INTERIOR Interior. taking is incidental to, and not the purpose of, otherwise lawful activities. Fish and Wildlife Service ACTION: Notice of availability. Regulations governing permits for Endangered and Threatened Species SUMMARY: Joe and Cindy Hord have threatened and endangered species are Permit Applications applied for an incidental take permit found at 50 CFR 17.22 and 17.32. from the Fish and Wildlife Service The Hords need an incidental take AGENCY: Fish and Wildlife Service, pursuant to section 10(a)(1)(B) of the permit because the proposed Interior. Endangered Species Act of 1973, as construction of their residential ACTION: Notice of receipt of application. amended. The Hords are requesting a development project would result in the 10-year permit to allow the incidental permanent loss of 1.5 acres of habitat The following applicant has applied take of the federally endangered Morro that supports the Morro shoulderband for a permit to conduct certain activities shoulderband snail (Helminthoglypta snail within the 4.2-acre project site. with endangered species. This notice is walkeriana) associated with a proposed The Hord’s permit application includes provided pursuant to section 10(c) of 4.2-acre residential development project a Habitat Conservation Plan (Plan) that
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.028 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18443 addresses impacts to the Morro considered economically unfeasible by DEPARTMENT OF THE INTERIOR shoulderband snail associated with the the Hords. Although this alternative proposed project and that provides for would result in no impact at the National Park Service implementation of measures to proposed construction site, it would not minimize and mitigate adverse impacts result in establishment of a permanent Trail of Tears National Historic Trail to the snail. The Hords propose to open space easement that is expected to Advisory Council; Notice of Meeting dedicate the remaining 2.7 acres of high have long-term benefits for the snail. quality Morro shoulderband snail Under the Alternate Building Notice is hereby given in accordance habitat within the project site that is not Location Alternative, the proposed 4.2- with the Federal Advisory Committee proposed for residential development. acre parcel would be surveyed for snail Act, Public Law 92–463, that a meeting Snail habitat would be conserved presence and the proposed residential of the Trail of Tears National Historic through a perpetual open space buildings and accessory structures Trail Advisory Council will be held May conservation easement in favor of the would be arranged or sited within the 18, 1999, at 8:00 a.m., in Sweetwater, County of San Luis Obispo or another 4.2-acre parcel to avoid and minimize Tennessee, at the Best Western entity approved by the Service. The disturbance to areas of the site occupied Sweetwater Inn. Hords would ensure that the site is by the snails. The project might require The Trail of Tears National Historic managed in perpetuity in a manner that issuance of an incidental take permit if Trail Advisory Council was established would be consistent with the Plan’s some acreage of Morro shoulderband conservation goals for the snail. This snail habitat would be affected. The administratively under authority of action would compensate for the loss of Hords did not select the Alternate section 3 of Public Law 91–383 (16 habitat resulting from the project and Building Location Alternative because it U.S.C. 1s–2(c)), to consult with the would benefit the long-term would not meet the project purpose and Secretary of the Interior on the conservation of the snail. The Hord’s need as well as the Proposed Project implementation of a comprehensive permit application includes an Alternative and, upon analysis, would plan and other matters relating to the Implementation Agreement that defines not provide greater habitat benefit to the Trail, including certification of sites and the responsibilities of all of the parties snail. segments, standards for erection and under the Plan. Under the Reduced Intensity maintenance of markers, preservation of The Habitat Conservation Plan, Alternative, the Hords would construct trail resources, American Indian Implementation Agreement, and a residential development within the relations, visitor education, historical Environmental Assessment are available same 4.2-acre parcel but within a research, visitor use, cooperative reduced construction area, so as to for public review and comment. The management, and trail administration. Plan and the Environmental Assessment cause less physical disturbance to onsite The matters to be discussed include: consider four alternatives to the Morro shoulderband snail habitat. The proposed residential development project could require issuance of an —Plan Implementation Status incidental take permit if some acreage of project: the No Residential Development —Trail Association Status Alternative, the Alternate Site Morro shoulderband snail habitat would —Cooperative Agreements Negotiation Alternative, the Alternate Building be affected. Compared to the Proposed Location Alternative, and the Reduced Project Alternative, the Reduced —Trail Route Intensity Alternative would result, at Intensity Alternative. The first two The meeting will be open to the alternatives are no action (i.e., no best, in only a minor addition of undeveloped acreage. This contribution public. However, facilities and space for permit) alternatives. accommodating members of the public Under the No Residential to the overall habitat requirements of are limited, and persons will be Development Alternative, housing the Morro shoulderband snail would not accommodated on a first-come, first- would not be developed on site. The be significant. Service would not issue a section This notice is provided pursuant to served basis. Any member of the public 10(a)(1)(B) permit because there would section 10(a) of the Endangered Species may file a written statement concerning be no take of the Morro shoulderband Act and Service regulations for the matters to be discussed with David snail. This alternative would not implementing the National Gaines, Superintendent. adversely affect biological resources Environmental Policy Act of 1969 (40 Persons wishing further information occurring on this site; therefore, impacts CFR 1506.6). In determining whether concerning this meeting, or who wish to the application meets the requirements would be less than those of the submit written statements may contact of law, the Service will evaluate the proposed project. This alternative David Gaines, Superintendent, Long application, its associated documents, assumes the continuation of the site as and comments submitted by the public. Distance Trails Group Office-Santa Fe, an undeveloped area. Habitat for the If the Service determines that the National Park Service, P.O. Box 728, snail would degrade over time without requirements are met, a permit will be Santa Fe, New Mexico 87504–0728, active management. This alternative issued for the incidental take of the telephone 505/988–6888. Minutes of the would not substantially benefit the Morro shoulderband snail. A final meeting will be available for public Morro shoulderband snail because no decision on permit issuance will be inspection at the Office of the permanent onsite habitat conservation made no sooner than 30 days from the Superintendent, located in Room 205, area would be established, managed, date of this notice. Pinon Building, 1220 South St. Francis and monitored under this alternative. The Alternate Site Alternative Dated: April 7, 1999. Drive, Santa Fe, New Mexico. involves the use of another site for the Elizabeth H. Stevens, Dated: April 7, 1999. Hord’s residential development project Deputy Manager, California/Nevada David M. Gaines, that does not support any listed species. Operations Office, Region 1, Sacramento, Superintendent. California. An incidental take permit would not be [FR Doc. 99–9231 Filed 4–13–99; 8:45 am] needed. This alternative would not meet [FR Doc. 99–9274 Filed 4–13–99; 8:45 am] BILLING CODE 4310±70±M the project purpose and need and was BILLING CODE 4310±55±P
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DEPARTMENT OF THE INTERIOR this insignia—and earlier variations— the Interior, 1849 C Street, NW, since completion of planning Washington, DC 20240, 202–565–1177. National Park Service documents for the Trail in 1982. It has SUPPLEMENTARY INFORMATION: The been slightly redesigned since then so Official Trail Marker for the Lewis and primary author of this document is that lettering and framing match other Clark National Historic Trail Steven Elkinton, Program Leader for National Trail System markers. The National Trails System Programming, AGENCY: National Park Service, DOI. earlier designs which are still in use National Center for Recreation and ACTION: Official insignia, designation. along the Trail are also protected from Conservation. unauthorized uses by this notice. This SUMMARY: This notice issues the official publication accomplishes the official The insignia depicted below is trail marker insignia of the Lewis and designation of the insignia now in use prescribed as the official trail marker Clark National Historic Trail. The by the National Park Service. logo for the Lewis and Clark National original graphic image was developed Historic Trail, administered by the by the Lewis and Clark Trail FOR FURTHER INFORMATION CONTACT: National Park Service, Midwest Region. Commission and became property of the Steven Elkinton, Program Leader for Authorization for use of this trail marker Department of the Interior in 1969. The National Trails System Programming, is controlled by the administrator of the National Park Service has officially used NPS, Room 3606, U.S. Department of Trail.
In making this prescription, notice is DEPARTMENT OF THE INTERIOR In 1966 and 1972, human remains hereby given that whoever representing eight individuals were manufactures, sells, or posses this National Park Service recovered from the Burrel Barn site (CA- insignia, or any colorable imitation FRE-386), Fresno County, CA during Notice of Inventory Completion for thereof, or photographs or prints or in excavations conducted by the Fresno Native American Human Remains from any other manner makes or executes any State College Archaeological Field Class Fresno County, CA in the Possession engraving, photograph or print, or under the supervision of Dr. William of California State University-Fresno, Beatty. No known individuals were impression in the likeness of this Fresno, CA insignia, or any colorable imitation identified. No associated funerary objects were present. thereof, without written authorization AGENCY: National Park Service. from the United States Department of Based on archeological investigations, the Interior is subject to the penalty ACTION: Notice. the Burrel Barn site has been identified provisions of section 701 of Title 18 of as a large village site along the Fresno the United States Code. Notice is hereby given in accordance Slough, about 20 miles southwest of with provisions of the Native American Fresno, CA. Based on cultural material Authority: National Trails System Act, 16 Graves Protection and Repatriation Act and burial locations withing the village, U.S.C. 1241(a) and 1246c and Protection of (NAGPRA), 43 CFR 10.9, of the these human remains have been Official Badges, Insignia, etc. in 18 U.S.C. completion of an inventory of human identified as Native American. Based on 701. remains from Fresno County, CA in the the degree of preservation and the Dated: April 30, 1999. possession of the University of cultural material at the Burrel Barn site, Chris Andress, California-Fresno, Fresno, CA. the human remains have been Acting Director. A detailed assessment of the human determined to date from the late [FR Doc. 99–9230 Filed 4–13–99; 8:45 am] remains was made by University of precontact period (post-1500 A.D.). BILLING CODE 4310±70±P California-Fresno professional staff in Archeological evidence in this area consultation with representatives of the indicates continuity of material culture Santa Rosa Indian Community of the and occupation from precontact times Santa Rosa Rancheria. into the historic period. Early Yokuts
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Historic The cultural item consists of a natural oral history indicate occupation and documents, ethnographic accounts, and stone formation known as Pokonghoya used of this area Since the late oral history indicate occupation and (Deity of Protection). precontact period by Tachi Yokuts used of this area Since the late During the early 1900s, this cultural peoples, now known as and represented precontact period by Tachi Yokuts item was collected from an unknown by the Santa Rosa Indian Community of peoples, now known as and represented location by Henry Voth. In 1978, this the Santa Rosa Rancheria. by the Santa Rosa Indian Community of cultural item was donated to the Heard In 1972, human remains representing the Santa Rosa Rancheria. Museum by the Fred Harvey one individual were recovered from site Based on the above mentioned Corporation. CA-FRE–495, Fresno County, CA during information, officials of the University During consultation, representatives excavations conducted by Fresno State of California-Fresno have determined of the Hopi Tribe identified this cultural College Archaeological Field Class that, pursuant to 43 CFR 10.2 (d)(1), the item as central to the continuance of the under the supervision of Dr. William human remains listed above represent Soyalang (Winter Solstice) ceremony. Beatty. No known individual was the physical remains of approximately Based on the above-mentioned identified. No associated funerary ten individuals of Native American information, officials of the Heard objects were present. ancestry. Officials of the University of Museum have determined that, Based on archeological investigations, California-Fresno have also determined pursuant to 43 CFR 10.2 (d)(3), this site CA-FRE-495 has been identified as that, pursuant to 43 CFR 10.2 (e), there cultural item is a specific ceremonial a recently leveled habitation mound is a relationship of shared group object needed by traditional Native along the Fresno Slough, about 19 miles identity which can be reasonably traced American religious leaders for the southwest of Fresno, CA. Based on between these Native American human practice of traditional Native American cultural material and burial locations remains and the Santa Rosa Indian religions by their present-day adherents. withing the village, these human Community of the Santa Rosa Officials of the Heard Museum have also remains have been identified as Native Rancheria. determined that, pursuant to 43 CFR American. Based on the degree of This notice has been sent to officials 10.2 (e), there is a relationship of shared preservation and the cultural material at of the Santa Rosa Indian Community of group identity which can be reasonably site CA-FRE-495, the human remains the Santa Rosa Rancheria. traced between this item and the Hopi have been determined to date from the Representatives of any other Indian tribe Tribe. late precontact period (post-1500 A.D.). that believes itself to be culturally This notice has been sent to officials Archeological evidence in this area affiliated with these human remains of the Hopi Tribe. Representatives of indicates continuity of material culture should contact Professor Roger any other Indian tribe that believes itself and occupation from precontact times LaJeunesse, Department of to be culturally affiliated with this into the historic period. Early Yokuts Anthropology, California State object should contact Martin Sullivan, people are presumed to have occupied University-Fresno, 5245 North Backer Director, Heard Museum, 22 E. Monte the San Joaquin Valley between 1000- Avenue, Fresno, CA 93740-0016; Vista Rd., Phoenix, AZ 85004-1480; 500 B.C., with continued occupation telephone: (209) 278-4900, before May telephone: (602) 252-8840 before May into the historic period. Historic 14, 1999. Repatriation of the human 14, 1999. Repatriation of this object to documents, ethnographic accounts, and remains to the Santa Rosa Indian the Hopi Tribe may begin after that date oral history indicate occupation and Community of the Santa Rosa Rancheria if no additional claimants come used of this area Since the late may begin after that date if no forward. precontact period by Tachi Yokuts additional claimants come forward. Dated: April 5, 1999. peoples, now known as and represented by the Santa Rosa Indian Community of Dated: April 8, 1999. Francis P. McManamon, the Santa Rosa Rancheria. Francis P. McManamon, Departmental Consulting Archeologist, In 1972, human remains representing Departmental Consulting Archeologist, Manager, Archeology and Ethnography one individual were recovered from site Manager, Archeology and Ethnography Program. CA-FRE-528, Fresno County, CA during Program. [FR Doc. 99–9326 Filed 4–13–99; 8:45 am] a field survey by Fresno State College [FR Doc. 99–9328 Filed 4–13–99; 8:45 am] BILLING CODE 4310±70±F staff. No known individual was BILLING CODE 4310±70±F identified. No associated funerary objects were present. DEPARTMENT OF THE INTERIOR Based on archeological investigations, DEPARTMENT OF THE INTERIOR site CA-FRE-528 has been identified as National Park Service a low mound within a recently plowed National Park Service Notice of Inventory Completion for agricultural field along Fresno Slough Native American Human Remains, about 16 miles southwest of Fresno, CA. Notice of Intent to Repatriate a Cultural Associated Funerary Object, and Based on degree of preservation and Item in the Possession of the Heard Unassociated Funerary Object in the cultural material recovered at site CA- Museum, Phoenix, AZ Possession of the Minnesota Indian FRE–528, these human remains have AGENCY: National Park Service. Affairs Council, Bemidji, MN been identified as Native American and ACTION: Notice. have been determined to date from the AGENCY: National Park Service. late precontact period (post-1500 A.D.). Notice is hereby given under the ACTION: Notice. Archeological evidence in this area Native American Graves Protection and indicates continuity of material culture Repatriation Act, 43 CFR 10.10 (a)(3), of Notice is hereby given in accordance and occupation from precontact times the intent to repatriate a cultural item in with provisions of the Native American
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Graves Protection and Repatriation Act Leech Lake Band of the Minnesota while visiting excavations conducted by (NAGPRA), 43 CFR 10.9, of the Chippewa Tribe. Vincent Kidder under the auspices of completion of an inventory of human This notice has been sent to officials Phillips Academy, Andover, MA. In remains and associated funerary objects of the Leech Lake Band of the 1985, William Claflin, Jr. donated these in the possession of the Minnesota Minnesota Chippewa Tribe and the human remains to the Peabody Museum Indian Affairs Council, Bemidji, MN. Minnesota Chippewa Tribe. of Archaeology and Ethnology. No A detailed assessment of the human Representatives of any other Indian tribe known individuals were identified. No remains was made by professional staff that believes itself to be culturally associated funerary objects are present. in consultation with representatives of affiliated with these human remains and Based on the ceramic types recovered the Leech Lake Band of the Minnesota associated funerary objects should from this site, Pecos Pueblo was Chippewa Tribe. contact James L. (Jim) Jones, Cultural occupied into the historic period 1300- In 1938, human remains representing Resource Specialist, Minnesota Indian 1838. Historic records document one individual were removed from Affairs Council, 1819 Bemidji Ave. occupation at the site unitl 1838 when Osufen Mound (21-IC-02), MN, a site Bemidji, MN 56601; telephone: (218) the last inhabitants left the Pueblo and within the exterior boundaries of the 755-3825, before May 14, 1999. went to the Pueblo of Jemez. In 1936, an Leech Lake Reservation, by L.A. Wilford Repatriation of the human remains, Act of Congress recognized the Pueblo of the University of Minnesota. No associated funerary object, and of Jemez as a ‘‘consolidation’’ and known individual was identified. The unassociated funerary object to the ‘‘merger’’ of the Pueblo of Pecos and the associated funerary object is a metal axe. Leech Lake Band of the Minnesota Pueblo of Jemez; this Act further Based on the associated funerary Chippewa Tribe may begin after that recognizes that all property, rights, object, this burial has been identified as date if no additional claimants come titles, interests, and claims of both Native American from the historic forward. Pueblos were consolidated under the period. The Osufen Mound site is Dated: April 8, 1999. Pueblo of Jemez. Further evidence supporting a shared located within the exterior boundaries Francis P. McManamon, group identity between the Pecos and of the Leech Lake Indian Reservation. Departmental Consulting Archeologist, Jemez pueblos emerges in numerous The cultural item is a ceramic vessel. Manager, Archeology and Ethnography aspects of present-day Jemez life. The In 1944, this ceramic vessel was Program. 1992-1993 Pecos Ethnographic Project donated to the University of Minnesota [FR Doc. 99–9327 Filed 4–13–99; 8:45 am] (unrelated to NAGPRA) states: ‘‘[T]he by George Kremer. University of BILLING CODE 4310±70±F cultural evidence of Pecos living Minnesota indicates this vessel was traditions are 1) thet official tribal removed from an eroding burial on Lake government position of a Second Winnibigoshish, MN. Lake DEPARTMENT OF THE INTERIOR Lieutenant/Pecos Governor; 2) the Winnibigoshish is located within the possession of the Pecos Pueblo cane of National Park Service exterior boundaries of the Leech Lake office; 3) the statue and annual feast day Indian Reservation. of Porcingula (Nuestra Senora de los Based on the above mentioned Notice of Inventory Completion for Native American Human Remains in Angeles) on August 2; 4) the Eagle information, officials of the Minnesota Watchers’ Society; 5) the migration of Indian Affairs Council have determined the Possession of the Peabody Museum of Archaeology and Pecos people in the early nineteenth that, pursuant to 43 CFR 10.2 (d)(1), the century; 6) the knowledge of the Pecos human remains listed above represent Ethnology, Harvard University, Cambridge, MA language by a few select elders.’’ (Levine the physical remains of one individual 1994:2-3) of Native American ancestry. Officials of AGENCY: National Park Service. Based on the above mentioned the Minnesota Indian Affairs Council ACTION: Notice. information, officials of the Peabody have also determined that, pursuant to Museum of Arhcaeology and Ethnology 43 CFR 10.2 (d)(2), the one object listed Notice is hereby given in accordance have determined that, pursuant to 43 above are reasonably believed to have with provisions of the Native American CFR 10.2 (d)(1), the human remains been placed with or near individual Graves Protection and Repatriation Act listed above represent the physical human remains at the time of death or (NAGPRA), 43 CFR 10.9, of the remains of four individuals of Native later as part of the death rite or completion of an inventory of human American ancestry. Officials of the ceremony. Officials of the Minnesota remains in the possession of the Peabody Museum of Arhcaeology and Indian Affairs Council have determined Peabody Museum of Arhcaeology and Ethnology have determined that, that, pursuant to 43 CFR 10.2 (d)(2)(ii), Ethnology, Harvard University, pursuant to 43 CFR 10.2 (e), there is a the one cultural item is reasonably Cambridge, MA. relationship of shared group identity believed to have been placed with or A detailed assessment of the human which can be reasonably traced between near individual human remains at the remains was made by Peabody Museum these Native American human remains time of death or later as part of the death professional staff in consultation with and the Pueblo of Jemez. rite or ceremony and are believed, by a representatives of the Apache Tribe of This notice has been sent to officials preponderance of the evidence, to have Oklahoma, the Comanche Tribe of of the Apache Tribe of Oklahoma, the been removed from a specific burial site Oklahoma, the Hopi Tribe, the Jicarilla Comanche Tribe of Oklahoma, the Hopi of an Native American individual. Apache Tribe, the Kiowa Tribe, the Tribe, the Jicarilla Apache Tribe, the Lastly, officials of the Minnesota Indian Mescalero Apache Tribe, the Navajo Kiowa Tribe, the Mescalero Apache Affairs Council have determined that, Nation, Pueblo of Cochiti, the Pueblo of Tribe, the Navajo Nation, Pueblo of pursuant to 43 CFR 10.2 (e), there is a Jemez, Pueblo of Santo Domingo, the Cochiti, the Pueblo of Jemez, Pueblo of relationship of shared group identity Pueblo of Zuni, and the Wichita and Santo Domingo, the Pueblo of Zuni, and which can be reasonably traced between Affiliated Tribes. the Wichita and Affiliated Tribes. these Native American human remains, In 1929, human remains representing Representatives of any other Indian tribe associated funerary object, and the four individuals were recovered from that believes itself to be culturally unassociated funerary object and the Pecos Pueblo by William Claflin, Jr. affiliated with these human remains
VerDate 23-MAR-99 15:23 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.XXX pfrm07 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18447 should contact Barbara Issac, of Jemez as a ‘‘consolidation’’ and begin after that date if no additional Repatriation Coordinator, Peabody ‘‘merger’’ of the Pueblo of Pecos and the claimants come forward. Museum of Archaeology and Ethnology, Pueblo of Jemez; this Act further Dated: April 8, 1999. 11 Divinity Ave., Cambridge, MA recognizes that all property, rights, Francis P. McManamon, 022138; telephone (617) 495-2254, titles, interests, and claims of both Departmental Consulting Archeologist, before May 14, 1999. Repatriation of the Pueblos were consolidated under the Manager, Archeology and Ethnography human remains to the Pueblo of Jemez Pueblo of Jemez. Program. may begin after that date if no [FR Doc. 99–9325 Filed 4–13–99; 8:45 am] additional claimants come forward. Further evidence supporting a shared group identity between the Pecos and BILLING CODE 4310±70±F Dated: April 5, 1999. Jemez pueblos emerges in numerous Francis P. McManamon, aspects of present-day Jemez life. The Departmental Consulting Archeologist, 1992-1993 Pecos Ethnographic Project DEPARTMENT OF THE INTERIOR Manager, Archeology and Ethnography (unrelated to NAGPRA) states: ‘‘[T]he Program. Bureau of Reclamation cultural evidence of Pecos living [FR Doc. 99–9324 Filed 4–13–99; 8:45 am] traditions are 1) thet official tribal Bay-Delta Advisory Council's BILLING CODE 4310±70±F government position of a Second Ecosystem Roundtable Meeting Lieutenant/Pecos Governor; 2) the AGENCY: possession of the Pecos Pueblo cane of Bureau of Reclamation, DEPARTMENT OF THE INTERIOR Interior. office; 3) the statue and annual feast day National Park Service of Porcingula (Nuestra Senora de los ACTION: Notice of meeting. Angeles) on August 2; 4) the Eagle SUMMARY: The Bay-Delta Advisory Notice of Intent to Repatriate Cultural Watchers’ Society; 5) the migration of Council’s (BDAC) Ecosystem Items in the Possession of the Pecos people in the early nineteenth Roundtable will meet on April 22, 1999, Peabody Museum of Archaeology and century; 6) the knowledge of the Pecos to discuss several issues including: an Ethnology, Harvard University, language by a few select elders.’’ (Levine overview of the proposals received Cambridge, MA 1994:2-3) under the February 99 proposal AGENCY: National Park Service. Based on the above mentioned solicitation package, a Battle Creek ACTION: Notice. information, officials of the Peabody project update, an implementation and Museum of Archaeology and Ethnology tracking system update, and other Notice is hereby given under the have determined that, pursuant to 43 issues. This meeting is open to the Native American Graves Protection and CFR 10.2 (d)(2)(ii), these eleven cultural public. Interested persons may make Repatriation Act, 43 CFR 10.10 (a)(3), of items are reasonably believed to have oral statements to the Ecosystem the intent to repatriate a cultural item in been placed with or near individual Roundtable or may file written the possession of the Peabody Museum statements for consideration. human remains at the time of death or of Archaeology and Ethnology, Harvard later as part of the death rite or DATES: The Bay-Delta Advisory University, Cambridge, MA which Council’s Ecosystem Roundtable meets the definition of ‘‘unassociated ceremony and are believed, by a preponderance of the evidence, to have meeting will be held from 9:30 a.m. to funerary objects’’ under Section 2 of the 12:00 p.m. on Thursday, April 22, 1999. Act. been removed from a specific burial site ADDRESSES: The Ecosystem Roundtable The eleven cultural items are ceramic of an Native American individual. will meet at the Resources Building, vessels and ceramic fragments. Officials of the Peabody Museum of In 1929, nine of these cultural items Archaeology and Ethnology have also Room 1131, 1416 Ninth Street, were recovered from Pecos Pueblo by determined that, pursuant to 43 CFR Sacramento, CA 95814. William Claflin under the auspices of 10.2 (e), there is a relationship of shared FOR FURTHER INFORMATION CONTACT: Phillips Academy, Andover, MA. In group identity which can be reasonably Wendy Halverson Martin, CALFED Bay- 1985, William Claflin donated these traced between these items and the Delta Program, at (916) 657–2666. If nine cultural items to the Peabody Pueblo of Jemez. reasonable accommodation is needed due to a disability, please contact the Museum of Archaeology and Ethnology. This notice has been sent to officials Between 1915-1929, two of these Equal Employment Opportunity Office of the Apache Tribe of Oklahoma, the cultural items were recovered from at (916) 653–6752 or TDD (916) 653– Comanche Tribe of Oklahoma, the Hopi Pecos Pueblo by Alfred Vincent Kidder 6934 at least one week prior to the Tribe, the Jicarilla Apache Tribe, the under the auspices of Phillips Academy, meeting. Kiowa Tribe, the Mescalero Apache Andover, MA. In 1936, Phillips SUPPLEMENTARY INFORMATION: The San Academy donated these two cultural Tribe, the Navajo Nation, Pueblo of Francisco Bay/Sacramento-San Joaquin items to the Peabody Museum of Cochiti, the Pueblo of Jemez, Pueblo of Delta Estuary (Bay-Delta system) is a Archaeology and Ethnology. Santo Domingo, the Pueblo of Zuni, and critically important part of California’s Excavations records indicate that the the Wichita and Affiliated Tribes. natural environment and economy. In human remains with whom these eleven Representatives of any other Indian tribe recognition of the serious problems cultural items were associated were not that believes itself to be culturally facing the region and complex resource collected. Based on the ceramic types affiliated with these human remains management decisions that must be recovered from this site, Pecos Pueblo should contact Barbara Issac, made, the state of California and the was occupied into the historic period Repatriation Coordinator, Peabody Federal government are working (1300-1838). Historic records document Museum of Archaeology and Ethnology, together to stabilize, protect, restore, occupation at the site until 1838 when 11 Divinity Ave., Cambridge, MA and enhance the Bay-Delta system. The the last inhabitants left the Pueblo and 022138; telephone (617) 495-2254, State and Federal agencies with went to the Pueblo of Jemez. In 1936, an before May 14, 1999. Repatriation of management and regulatory Act of Congress recognized the Pueblo these objects to the Pueblo of Jemez may responsibilities in the Bay-Delta system
VerDate 23-MAR-99 15:14 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.XXX pfrm07 PsN: 14APN1 18448 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices are working together as CALFED to INTERNATIONAL TRADE domestic industry to make a positive provide policy direction and oversight COMMISSION adjustment to import competition and for the process. provide greater economic and social [Investigation No. TA±201±68] One area of Bay-Delta management benefits than costs.’’ In this context, we includes the establishment of a joint recommend that the President look to Lamb Meat the industry’s report by State-Federal process to develop long- PriceWaterhouseCoopers and its term solutions to problems in the Bay- Determination recommendations when considering Delta system related to fish and wildlife, On the basis of the information in the adjustment assistance options; water supply reliability, natural investigation, the Commission (3) Having made negative findings disasters, and water quality. The intent unanimously— with respect to imports of lamb meat is to develop a comprehensive and (1) Determines, pursuant to section from Canada and Mexico under section balanced plan which addresses all of the 202(b) of the Trade Act of 1974, that 1 311(a) of the NAFTA Implementation resource problems. This effort, the lamb meat is being imported into the Act, that such imports be excluded from CALFED Bay-Delta Program (Program), United States in such increased the tariff-rate quota; and quantities as to be a substantial cause of is being carried out under the policy (4) That the tariff-rate quota not apply the threat of serious injury to the direction of CALFED. The program is to imports of lamb meat from Israel, or domestic industry producing an article exploring and developing a long-term to any imports of lamb meat entered like or directly competitive with the solution for a cooperative planning duty-free from beneficiary countries imported article; and process that will determine the most under the Caribbean Basin Economic (2) Makes negative findings, pursuant appropriate strategy and actions Recovery Act or the Andean Trade to section 311(a) of the North American necessary to improve water quality, Preference Act. Free-Trade Agreement (NAFTA) Vice Chairman Miller and restore health to the Bay-Delta Implementation Act (19 U.S.C. 3371(a)), Commissioner Hillman recommend: ecosystem, provide for a variety of with respect to imports of lamb meat (1) That the President increase the beneficial uses, and minimize Bay-Delta from Canada and Mexico. system vulnerability. A group of citizen rate of duty, for a 4-year period, on advisors representing California’s Recommendations With Respect to imports of lamb meat the subject of this agricultural, environmental, urban, Remedy investigation, to the rates of duty as business, fishing, and other interests The Commission 2 (Chairman Bragg follow: 22 percent ad valorem in the who have a stake in finding long-term and Commissioners Crawford and first year of relief, 20 percent ad valorem solutions for the problems affecting the Askey) recommends: in the second year, 15 percent ad Bay-Delta system has been chartered (1) That the President impose a tariff- valorem in the third year, and 10 under the Federal Advisory Committee rate quota system, for a 4-year period, percent ad valorem in the fourth year; Act (FACA) as Advisory Council BDAC on imports of lamb meat that are the (2) That the President identify and implement adjustment measures and to advise CALFED on the program subject of this investigation, as follows other action authorized under law that mission, problems to be addressed, and (all weights are in terms of carcass- weight equivalents): is likely to facilitate positive adjustment objectives for the Program. The BDAC to import competition; specifically, that provides a forum to help ensure public First year: 20 percent ad valorem on imports over 78 million pounds; the President make assistance available participation, and will review reports Second year: 17.5 percent ad valorem to the lamb meat industry through and other materials prepared by on imports over 81.5 million pounds; Federal programs, primarily those CALFED staff. The BDAC has Third year: 15 percent ad valorem on administered by the U.S. Department of established a subcommittee called the imports over 81.5 million pounds; and Agriculture, and take action to ensure Ecosystem Roundtable to provide input Fourth year: 10 percent ad valorem on that the National Sheep Industry on annual workplans to implement imports over 81.5 million pounds; Improvement Center is fully ecosystem restoration projects and (2) That the President implement operational; programs. appropriate adjustment assistance (3) Having made negative findings Minutes of the meeting will be measures, drawing on authorized with respect to imports of lamb meat maintained by the Program, Suite 1155, programs at the U.S. Department of from Canada and Mexico under section 1416 Ninth Street, Sacramento, CA Agriculture and the U.S. Department of 311(a) of the NAFTA Implementation 95814, and will be available for public Commerce providing specialized direct Act, that such imports be excluded from inspection during regular business payments, research, and animal health the increased tariffs; hours, Monday through Friday within programs, in such combination as to (4) That the increased rates of duty most effectively ‘‘facilitate efforts by the 30 days following the meeting. not apply to imports of lamb meat from Israel, or to any imports of lamb meat Dated: April 5, 1999. 1 The imported article covered by this entered duty-free from beneficiary Kirk Rodgers, investigation is fresh, chilled, or frozen lamb meat. countries under the Caribbean Basin Excluded from the scope of the investigation are Acting Regional Director, Mid-Pacific Region. imports of live lambs and sheep and meat of mature Economic Recovery Act or the Andean [FR Doc. 99–9277 Filed 4–13–99 8:45 am] sheep (mutton). Lamb meat is provided for in Trade Preference Act. subheadings 0204.10.00, 0204.22.20, 0204.23.20, Commissioner Koplan recommends: BILLING CODE 4310±44±M 0204.30.00, 0204.42.20, and 0204.43.20 of the (1) That the President impose a Harmonized Tariff Schedule of the United States (HTS). quantitative restriction, for a 4-year 2 The Commission notes that, pursuant to section period, on imports of lamb meat the 330(d)(2) of the Tariff Act of 1930 (19 U.S.C. subject of this investigation, as follows: 1330(d)(2)), the remedy recommendation of 52 million pounds in the first year, 56 Chairman Bragg and Commissioners Crawford and Askey in this investigation is to be treated as the million pounds in the second year, 61 remedy finding of the Commission for purposes of million pounds in the third year, and 70 section 203 of the Trade Act. million pounds in the fourth year (all
VerDate 23-MAR-99 15:14 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.XXX pfrm07 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18449 quantities are carcass-weight- and by publishing the notice in the Authority: This action is authorized under equivalents); Federal Register of October 23, 1998 (63 the Omnibus Crime Control and Safe Streets (2) That the President, within the F.R. 56940). The hearing in connection Act of 1968, §§ 201–03, as amended, 42 overall quantitative restriction, provide with the injury phase of the U.S.C. 3721–23 (1994). separate allocations for Australia, New investigation was held on January 12, Background Zealand, and ‘‘all other’’ countries in 1999, and the hearing on the question of The purpose of the National proportion to their average share of remedy was held on February 25, 1999. Commission on the Future of DNA imports entered during calendar years Both hearings were held in Washington, Evidence is to provide the Attorney 1995–1997; DC; all persons who requested the General with recommendations on the (3) That the President take all action opportunity were permitted to appear in use of current and future DNA methods, necessary to ensure that the National person or by counsel. applications and technologies in the Sheep Industry Improvement Center is The Commission transmitted its operation of the criminal justice system, fully operational as soon as possible, determination in this investigation to from the Crime scene to the courtroom. and that the President make available the President on April 5, 1999. The Over the course of its Charter, the either through the Center or directly to views of the Commission are contained Commission will review critical policy the industry the full measure of Federal in USITC Publication 3176 (April 1999), issues regarding DNA evidence and assistance programs, including those entitled Lamb Meat: Investigation No. provide recommended courses of action administered by the U.S. Department of TA–201–68. to improve its use as a tool of Agriculture. (4) Having made negative findings Issued: April 7, 1999. investigation and adjudication in with respect to imports of lamb meat By order of the Commission. criminal cases. The Commission will address issues from Canada and Mexico under section Donna R. Koehnke, in five specific areas: (1) The use of 311(a) of the NAFTA Implementation Secretary. DNA in postconviction relief cases, (2) Act, that such imports be excluded from [FR Doc. 99–9329 Filed 4–13–99; 8:45 am] legal concerns including Daubert the quota; and BILLING CODE 7020±02±P challenges and the scope of discovery in (5) That the quota not apply to DNA cases, (3) criteria for training and imports of lamb meat from Israel, or to technical assistance for criminal justice any imports of lamb meat entered duty- DEPARTMENT OF JUSTICE professionals involved in the free from beneficiary countries under identification, collection and the Caribbean Basin Economic Recovery National Institute of Justice preservation of DNA evidence at the Act or the Andean Trade Preference Act. The Commissioners find that the [OJP (NIJ)±1224] crime scene, (4) essential laboratory respective actions that they have RIN 1121±ZB57 capabilities in the face of emerging recommended will address the threat of technologies, and (5) the impact of serious injury found to exist and be National Institute of Justice future technological developments in most effective in facilitating the efforts Announcement of the Fifth Meeting of the use of DNA in the criminal justice of the domestic industry to make a the National Commission on the Future system. Each topic will be the focus of positive adjustment to import of DNA Evidence the in-depth analysis by separate competition. working groups comprised of prominent AGENCY: Office of Justice Programs, professionals who will report back to Background National Institute of Justice, Justice. the Commission. Following receipt of a petition filed ACTION: Notice of meeting. Jeremy Travis, on October 7, 1998, on behalf of the Director, National Institute of Justice. SUMMARY: Announcement of the fifth American Sheep Industry Association, [FR Doc. 99–9284 Filed 4–13–99; 8:45 am] meeting of the National Commission on Inc., Harper Livestock Company, BILLING CODE 4410±18±P National Lamb Feeders Association, the Future of DNA Evidence. Winters Ranch Partnership, Godby SUPPLEMENTARY INFORMATION: The fifth Sheep Company, Talbott Sheep meeting of the National Commission on NATIONAL SCIENCE FOUNDATION Company, Iowa Lamb Corporation, the Future of DNA Evidence will take Ranchers’ Lamb of Texas, Inc., and place beginning on Thursday, May 6, NSF2000 Steering Committee: Notice Chicago Lamb and Veal Company, the 1999, 9:00 AM–5:00 PM, Mountain of Sunshine Act Meeting Commission, effective October 7, 1998, Daylight Time and will continue on In accordance with the Federal instituted investigation No. TA–201–68, Friday, May 7, 1999, 9:00 AM–1:00 PM, Advisory Committee Act (Pub. L. 92– Lamb Meat, under section 202 of the Mountain Daylight Time. The meeting 463, as amended), the National Science Trade Act of 1974 to determine whether will take place at the Hilton of Santa Fe, Foundation announces the following lamb meat is being imported into the 100 Sandoval Street, Santa Fe, New meeting. United States in such increased Mexico 87501, Phone: 505–988–2811. The National Commission on the NAME: NSF 50th Anniversary Public quantities as to be a substantial cause of Advisory Committee Meeting (#5213). serious injury, or the threat thereof, to Future of DNA Evidence, established DATE AND TIME: the domestic industry producing an pursuant to section 3(2)A of the Federal May 12, 1999, 10:00 article like or directly competitive with Advisory Committee Act (FACA), 5 a.m.–4:00 p.m. the imported article. U.S.C. App. 2, will meet to carry out its PLACE: National Science Foundation, Notice of the institution of the advisory functions under Sections 201– 4201 Wilson Boulevard, Suite 1235, Commission’s investigation and of the 202 of the Omnibus Crime Control and Arlington, VA 22230. scheduling of public hearings to be held Safe Streets Act of 1968, as amended. TYPE OF MEETING: Open. in connection therewith was given by This meeting will be open to the public. CONTACT PERSONS: William Line, posting copies of the notice in the Office FOR FURTHER INFORMATION CONTACT: National Science Foundation, 4201 of the Secretary, U.S. International Christopher H. Asplen, AUSA, Wilson Boulevard, Suite 1245, Trade Commission, Washington, DC, Executive Director (202) 616–8123. Arlington, VA 22230—, (703) 306–1070.
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PURPOSE OF MEETING: To provide advice NW., Washington, DC and at the local exemption unless special circumstances are for the National Science Foundation’s public document room located at the present. 50th Anniversary celebration. Perry Public Library, 3753 Main Street, Perry, OH 44081. Section 50.12(a)(2)(ii) of 10 CFR states Agenda: Wednesday, May 12, 1999 that special circumstances are present Dated at Rockville, Maryland, this 5th Day 1. Introductory Remarks and Welcome when ‘‘Application of the regulation in of April 1999. the particular circumstances would not New Committee Members For the Nuclear Regulatory Commission. 2. Dr. Rita Colwell, remarks, Q’s & A’s serve the underlying purpose of the rule Anthony J. Mendiola, 3. Report on NSF 50th anniversary or is not necessary to achieve the 4. Internal Public Advisory Committee Chief, Section 2, Project Directorate III, underlying purpose of the rule. * * *’’ Division of Licensing Project Management, The licensee has proposed updating the business Office of Nuclear Reactor Regulation. 5. Other business unified Salem UFSAR 6 months after [FR Doc. 99–9290 Filed 4–13–99; 8:45 am] each Unit 1 refueling outage, provided Dated: April 8, 1999. BILLING CODE 7590±01±P the interval between successive updates Julia A. Moore, does not exceed 24 months. The Director, Office of Legislative and Public underlying purpose of the rule was to Affairs, National Science Foundation. NUCLEAR REGULATORY relieve licensees of the burden of filing [FR Doc. 99–9215 Filed 4–13–99; 8:45 am] COMMISSION annual UFSAR revisions while assuring BILLING CODE 7555±01±M Public Service Electric and Gas that such revisions are made at least Company; Salem Nuclear Generating every 24 months. The Commission Station, Unit Nos. 1 and 2; Exemption reduced the burden, in part, by NUCLEAR REGULATORY permitting a licensee to submit its COMMISSION [Docket Nos. 50±272 and 50±311] UFSAR revisions 6 months after [Docket No. 50±440] I refueling outages for its facility, but did not provide in the rule for multiple unit FirstEnergy Nuclear Operating Public Service Electric and Gas facilities sharing a common UFSAR. Company; Notice of Withdrawal of Company (the licensee) is the holder of Rather, the Commission stated that Application for Amendment to Facility Facility Operating License Nos. DPR–70 ‘‘With respect to * * * multiple Operating License and DPR–75 for the Salem Nuclear facilities sharing a common UFSAR, Generating Station, Unit Nos. 1 and 2, licensees will have maximum flexibility The U.S. Nuclear Regulatory respectively. The license provides, for scheduling updates on a case-by-case Commission (the Commission) has among other things, that the licensee is basis’’ (57 FR 39355 (1992)). granted a request by the FirstEnergy subject to all rules, regulations, and Nuclear Operating Company (the orders of the Commission now or The Salem units are on an 18-month licensee) to withdraw its April 9, 1997, hereafter in effect. fuel cycle. As noted In the NRC Staff’s application for an amendment to This facility consists of two Safety Evaluation, the licensee’s Facility Operating License No. NPF–58 pressurized water reactors located in proposed schedule for the Salem for the Perry Nuclear Power Plant, Unit Salem County, New Jersey. UFSAR updates will ensure that the UFSAR will be maintained current for 1, located in Lake County, Ohio. Notice II of Consideration of Issuance of this both units within 24 months of the last amendment was published in the Title 10 of the Code of Federal revision. The proposed schedule Federal Register on May 21, 1997 (62 Regulations (10 CFR), section 50.71, satisfies the maximum 24-month FR 27794). ‘‘Maintenance of records, making of interval between UFSAR revisions The purpose of the licensee’s reports,’’ paragraph (e)(4) states, in part, specified by 10 CFR 50.71(e)(4). The amendment request was to revise the that ‘‘Subsequent revisions [to the requirement to revise the UFSAR Technical Specifications to extend the Updated Final Safety Analysis Report annually or within 6 months after existing surveillance interval for (UFSAR)] must be filed annually or 6 refueling outages for each unit, performing the Channel Functional months after each refueling outage therefore, is not necessary to achieve the Tests for the refueling equipment provided the interval between underlying purpose of the rule. interlocks and for the one-rod-out successive updates [to the UFSAR] does Accordingly, the Commission has interlock. not exceed 24 months.’’ The two units determined that special circumstances Subsequently, by letter dated March at the Salem plant share a common are present as defined in 10 CFR 10, 1999, the licensee informed the staff UFSAR, therefore, this rule requires the 50.12(a)(2)(ii). The Commission has that the amendment was being licensee to update the same document further determined that, pursuant to 10 withdrawn and would be resubmitted in annually or within 6 months after each CFR 50.12, the exemption is authorized the future based on an approved unit’s refueling outage (approximately by law, will not present an undue risk Standard Technical Specification every 9 months). to the public health and safety and is consistent with the common defense Change Traveler, Number TSTF–225. III Thus, the amendment application is and security, and is otherwise in the considered to be withdrawn by the Section 50.12(a) of 10 CFR, ‘‘Specific public interest. licensee. exemptions,’’ states that: The Commission hereby grants the For further details with respect to this The Commission may, upon application by licensee an exemption from the action, see the application for any interested person or upon its own requirement of 10 CFR 50.71(e)(4) to amendment dated April 9, 1997, and the initiative, grant exemptions from the submit updates to the Salem UFSAR licensee’s withdrawal letter dated requirements of the regulations of this part, annually or within 6 months of each which are—(1) Authorized by law, will not March 10, 1999. These documents are present an undue risk to the public health unit’s refueling outage. The licensee available for public inspection at the and safety, and are consistent with the will be required to submit updates to Commission’s Public Document Room, common defense and security. (2) The the Salem UFSAR within 6 months after the Gelman Building, 2120 L Street, Commission will not consider granting an each Salem Unit 1 refueling outage, not
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.038 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18451 to exceed 24 months between successive consideration of issuance of an NRC meeting was conducted on June 2, 1998, revisions. materials license for the proposed PFSF in Salt Lake City, Utah. The scoping Pursuant to 10 CFR 51.32, the and notice of opportunity for hearing process also provided interested parties Commission has determined that were published in the Federal Register with an opportunity to provide written granting of this exemption will have no on July 31, 1997 (62 FR 41099). comments. At the conclusion of that significant effect on the quality of the The applicant executed a lease initial scoping process, NRC issued a human environment (64 FR 16764). agreement with the Skull Valley Band of scoping report, dated September 1998. This exemption is effective upon Goshute Indians to permit construction NRC’s initial scoping process was issuance. and operation of its proposed facility on based on the description of the PFSF the Skull Valley Band Reservation. On contained in the applicant’s submittal of Dated at Rockville, Maryland, this 7th day May 23, 1997, BIA conditionally June 20, 1997, which did not include of April, 1999. approved the lease agreement, the proposed rail line on public land For the Nuclear Regulatory Commission. contingent upon the completion of an administered by BLM. This rail line Samuel J. Collins, Environmental Impact Statement (EIS), proposal was submitted to NRC on Director, Office of Nuclear Reactor the inclusion of mitigation measures August 28, 1998, as an amendment to Regulation. identified in the Record of Decision, and the PFS application. Similarly, BIA’s [FR Doc. 99–9291 Filed 4–13–99; 8:45 am] the issuance of an NRC license to conditional approval of the proposed BILLING CODE 7590±01±P construct, maintain, and operate the lease agreement was issued prior to the PFSF. The lease includes 820 acres of applicant’s proposal of a rail line over land where the PFSF is proposed to be BLM lands adjacent to the Skull Valley NUCLEAR REGULATORY located, a 202-acre utility and road Reservation. COMMISSION ROW from the Skull Valley Road to the As a result of the applicant’s August PFSF facility, and a buffer zone adjacent 28, 1998, revision of its transportation DEPARTMENT OF THE INTERIOR to the PFSF to the south and east of the proposal, NRC, BIA, and BLM have Bureau of Indian Affairs facility including five sections of land, determined that additional scoping on the Skull Valley Indian Reservation. meetings should be conducted. Bureau of Land Management By letter dated August 28, 1998, the Therefore, public scoping meetings will [Docket No. 72±22] applicant submitted an application for a be held on April 29, 1999, from 8 a.m. ROW to BLM, to construct a rail line to 11 a.m. at the Ballroom of the Little Private Fuel Storage, L.L.C., and related facilities for a distance of America Inn, 500 South Main Street, Independent Spent Fuel Storage approximately 32 miles on the western Salt Lake City, Utah 84101 and April 29, Installation, Skull Valley Indian side of Skull Valley, along the base of 1999, from 6:30 p.m. to 9:30 p.m. at the Reservation, Tooele County, UT; the Cedar Mountains from Skunk Ridge, Tooele High School, 240 West Buffalo Notice of Intent to Prepare Utah, to the PFSF site. The rail line Boulevard, Tooele, UT 80474. The focus Environmental Impact Statement and would traverse land that is included of the scoping meetings will be an Notice of Public Scoping Meeting within the BLM Pony Express Resource environmental issues associated with Management Plan (RMP) and would be the rail line proposed in the applicant’s Private Fuel Storage, L.L.C. (PFS or utilized for the transportation of SNF to August 28, 1998, license application the applicant) proposes to construct and the proposed PFSF site. The current amendment, the request for issuance of operate an independent spent fuel Pony Express RMP does not allow for a ROW over public lands managed by storage installation (ISFSI) at the Skull major ROWs such as a rail line in this BLM, and any environmental concerns Valley Indian Reservation, which is area, and the PFSF proposal would, associated with the proposed lease bordered on all sides by Tooele County, therefore, require an amendment to the agreement that may not have been Utah. The proposed Private Fuel Storage RMP prior to granting on the requested addressed in the NRC’s initial scoping Facility (PFSF) would be constructed on ROW. BLM will publish in the Federal process. Each meeting will include an an 820-acre site that would store spent Register a notice of intent to prepare an NRC briefing on the proposed license nuclear fuel (SNF) received from RMP amendment. By a separate letter and a summary of the comments commercial U.S. nuclear power plants. dated August 28, 1998, PFS also received at the previous scoping The applicant proposes constructing a submitted a revision to its application meeting; a BLM briefing on the land use rail line on land managed by the U.S. for an NRC license to reflect its proposal plan amendment and the proposed Bureau of Land Management (BLM) as to construct and utilize a rail line over ROW; and a BIA briefing on the lease the preferred route for transportation of public lands managed by BLM for the agreement. The scoping meetings will SNF to its site. To construct and operate transportation of SNF to its site. afford an opportunity for interested the facility, the applicant must obtain a The National Environmental Policy agencies, organizations, and individuals license from the U.S. Nuclear Act of 1969 requires all Federal agencies to submit comments or suggestions on Regulatory Commission (NRC), a right- to consider the environmental impacts environmental issues related to the of-way (ROW) for its proposed rail line of their actions. Because NRC, BIA, and proposed rail line and the lease over public lands from BLM, and BLM required actions for the agreement. Written comments on these approval from U.S. Bureau of Indian construction and operation of the PFSF issues will be accepted until May 28, Affairs (BIA) for the proposed lease are related, the Agencies have agreed to 1999. agreement between the Skull Valley cooperate in the preparation of an EIS Persons may register to present oral Band of Goshute Indians and PFS. for these actions. In preparing the EIS, comments at the scoping meeting by On June 20, 1997, pursuant to 10 CFR NRC will serve as the lead agency and writing to (1) Scott C. Flanders, Sr. Part 72, PFS submitted an application to BLM and BIA will serve as cooperating Environmental Project Manager, NRC for a license to receive, possess, agencies. The NRC published a notice of Licensing and Inspection Directorate, store, and transfer SNF at an ISFSI to be intent to prepare an EIS and conduct a Spent Fuel Project Office, Office of constructed and operated on the scoping process in the Federal Register Nuclear Material Safety and Safeguards, Reservation of the Skull Valley Band of on May 1, 1998 (63 FR 24197). As a part U.S. Nuclear Regulatory Commission, Goshute Indians. A notice of of the scoping process, a public scoping Washington, DC 20555; (2) Leon
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Berggren, Resource Advisor, U.S. NUCLEAR REGULATORY p.m. (EDT). Persons planning to attend Department of Interior, Bureau of Land COMMISSION this meeting are urged to contact the Management, Salt Lake District Office, above named individual one or two 2370 South 2300 West, Salt Lake City, Advisory Committee on Reactor working days prior to the meeting to be Utah 84119; or (3) Dale Hamberg, Land Safeguards Joint Meeting of the ACRS advised of any potential changes to the Operation Officer, U.S. Department of Subcommittees on Reliability and agenda, etc., that may have occurred. Interior, Bureau of Indian Affairs, Probabilistic Risk Assessment and on Dated: April 8, 1999. Materials and Metallurgy; Notice of Unitah and Ouray Agency, P.O. Box 130 Richard P. Savio, Meeting Fort Duchesne, Utah 84026; or Amy Associate Director for Technical Support, Heuslein, Environmental Protection The ACRS Subcommittees on ACRS/ACNW. Officer, U.S. Department of Interior, Reliability and Probabilistic Risk [FR Doc. 99–9289 Filed 4–13–99; 8:45 am] Bureau of Indian Affairs, Phoenix Area Assessment and on Materials and BILLING CODE 7590±01±P Office, P.O. Box 10, Phoenix, Arizona Metallurgy will hold a joint meeting on 85001. Information concerning the May 5, 1999, Room T–2B3, 11545 proposed actions, the scoping process, Rockville Pike, Rockville, Maryland. SECURITIES AND EXCHANGE and the EIS may also be obtained from The entire meeting will be open to COMMISSION public attendance. these individuals. A copy of the initial [Investment Company Act Release No. NRC scoping report dated September The agenda for the subject meeting shall be as follows: 23777; 812±11568] 1998 can be obtained by writing to Scott Flanders at 11555 Rockville Pike, Wednesday, May 5, 1999—8:30 a.m. American Skandia Trust and American Rockville, Maryland 20855, or by until 12:00 Noon Skandia Investment Services, Inc.; telephone at (301) 415–1172. Also, the The Subcommittees will review the Notice of Application proposed topical report prepared by the NRC scoping report is available for April 8, 1999. public inspection at NRC’s Public Electric Power Research Institute (EPRI) for risk-informed inservice inspection. AGENCY: Securities and Exchange Document Room in the Gelman The purpose of this meeting is to gather Commission (‘‘Commission’’). Building, 2120 L Street, NW., information, analyze relevant issues and ACTION: Notice of an application under Washington, DC 20555, and the Local facts, and to formulate proposed section 6(c) of the Investment Company Public Document Room at the positions and actions, as appropriate, Act of 1940 (the ‘‘Act’’) for an University of Utah, Marriott Library, for deliberation by the full Committee. exemption from section 15(a) of the Act. Documents Division, 295 S. 1500 East, Oral statements may be presented by SUMMARY: Applicants American Skandia Salt Lake City, Utah 84112–0860. A members of the public with the Trust (the ‘‘Fund’’), on behalf of its limited number of copies of NRC’s concurrence of the Subcommittee series AST Putnam Value Growth & scoping report will also be available at Chairman; written statements will be Income Portfolio, AST Putnam the scoping meeting on April 29, 1999. accepted and made available to the International Equity Portfolio and AST Committee. Electronic recordings will Participation in the scoping process Putnam Balanced Portfolio (the be permitted only during those portions does not entitle participants to become ‘‘Portfolios’’), and American Skandia of the meeting that are open to the parties to the adjudicatory proceeding Investment Services, Inc. (the public, and questions may be asked only associated with the proposed NRC ‘‘Manager’’) seek an order to permit the by members of the Subcommittees, their licensing action. Participation in the implementation, without shareholder consultants, and staff. Persons desiring adjudicatory proceeding is governed by approval, of new investment sub- to make oral statements should notify the procedures specified in 10 CFR advisory agreements (‘‘Interim the cognizant ACRS staff engineer 2.714 and 2.715 and in the Agreements’’) following the resignation named below five days prior to the aforementioned Federal Register Notice of the investment sub-adviser to the meeting, if possible, so that appropriate Portfolios. The order would cover a (62 FR 41099). arrangements can be made. Dated at Rockville, Maryland, this 31st day During the initial portion of the period beginning on the date that the of March 1999. meeting, the Subcommittees, along with termination of the existing sub-advisory any of their consultants who may be agreement becomes effective (the For the Nuclear Regulatory Commission. ‘‘Effective Date’’) and continue for a E. William Brach, present, may exchange preliminary views regarding matters to be period of up to 150 days (but in no Director, Spent Fuel Project Office, Office of considered during the balance of the event later than September 30, 1999) Nuclear Material Safety and Safeguards. meeting. (the ‘‘Interim Period’’). The order also Dated at Salt Lake City, Utah, this 1st day The Subcommittees will then hear would permit the payment of fees of April 1999. presentations by and hold discussions earned under the Interim Agreements For the U.S. Bureau of Land Management. with representatives of the NRC staff, its during the Interim Period, following shareholder approval. Glenn A. Carpenter, consultants, and other interested persons regarding this review. FILING DATE: The application was filed Field Manager, Salt Lake Field Office. Further information regarding topics on April 8, 1999. Dated at Fort Duchesne, Utah, this 6th day to be discussed, whether the meeting HEARING OR NOTIFICATION OF HEARING: An of April 1999. has been canceled or rescheduled, and order granting the application will be For the U.S. Bureau of Indian Affairs. the Chairman’s ruling on requests for issued unless the Commission orders a David Allison, the opportunity to present oral hearing. Interested persons may request statements and the time allotted therefor a hearing by writing to the Superintendent, Unitah and Ouray Agency. can be obtained by contacting the Commission’s Secretary and serving [FR Doc. 99–9293 Filed 4–13–99; 8:45 am] cognizant ACRS staff engineer, Mr. applicants with a copy of the request, BILLING CODE 7590±01±M Michael T. Markley (telephone 301/ personally or by mail. Hearing requests 415–6885) between 7:30 a.m. and 4:15 should be received by the Commission
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.132 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18453 by 5:30 p.m. on April 29, 1999, and were not reasonably foreseeable by the Applicants’ Legal Analysis should be accompanied by proof of Fund or the Manager. 1. Section 15(a) of the Act provides, service on applicants, in the form of an 3. Applicants state that they have in pertinent part, that it shall be affidavit or, for lawyers, a certificate of conducted preliminary discussions with unlawful for any person to serve or act service. Hearing requests should state candidate organizations to serve as as investment adviser of a registered the nature of the writer’s interest, the investment sub-advisers to the investment company, except pursuant reason for the request, and the issues Portfolios (‘‘Successor Sub-advisers’’) to a written contract that has been contested. Persons who wish to be but have not completed the evaluation approved by the vote of a majority of the notified of a hearing may request process and identified the best outstanding voting securities of such notification by writing to the candidate or negotiated terms and registered investment company. Rule Commission’s Secretary. conditions of the new investment sub- 15a–4 under the Act provides, in ADDRESSES: Secretary, Securities and advisory agreements for the Portfolios pertinent part, that if an investment Exchange Commission, 450 Fifth Street, (the ‘‘New Agreements’’). Any Successor advisory contract with a registered NW, Washington, DC 20549–0609. Sub-adviser will be an investment investment company is terminated by Applicants, One Corporate Drive, P.O. adviser registered or exempt from certain events set forth in section 15(a) Box 883, Shelton, Conn. 06484–0883. registration under the Advisers Act. of the Act, an adviser may serve for 120 FOR FURTHER INFORMATION CONTACT: Once applicants have identified an days under a written contract that has George J. Zornada, Branch Chief, at appropriate candidate as Successor Sub- not been approved by the company’s (202) 942–0564 (Office of Investment adviser and negotiated terms and shareholders, provided that (a) the new Company Regulation, Division of conditions of a New Agreement, the contract is approved by that company’s Investment Management). Board, including a majority of the board of directors (including a majority SUPPLEMENTARY INFORMATION: The trustees who are not interested persons of non-interested directors) and (b) the following is a summary of the (as defined in section 2(a)(19) of the compensation to be paid under the new application. The complete application Act) of the Manager or the proposed contract does not exceed the may be obtained for a fee at the Successor Sub-Adviser (‘‘Independent compensation that would have been paid under the contract most recently Commission’s Public Reference Branch, Trustees’’), will meet to approve the approved by the company’s 450 Fifth Street, NW, Washington, DC Interim Agreements and the New shareholders. Applicants state that the 20549–0102 (tel. (202) 942–8090). Agreements in accordance with section Resignation is not a termination of an 15(c) of the Act. The Board currently is Applicants’ Representations advisory contract by an event set forth scheduled to meet on April 21, 1999. 1. The Fund, a Massachusetts in section 15(a) of the Act that is set business trust, is registered under the 4. Applicants request an exemption forth in rule 15a–4 under the Act. Act as an open-end management (a) to permit the implementation during 2. Section 6(c) of the Act provides that investment company. The Fund is the Interim Period, without shareholder the Commission may exempt any organized as a series company approval, of the Interim Agreements person, security or transaction from any consisting of 29 series, including the with the Successor Sub-advisers, and (b) provision of the Act, if and to the extent Portfolios. The Manager is registered to permit the Successor Sub-advisers to that such exemption is necessary or under the Investment Advisers Act of receive from the Manager, upon appropriate in the public interest and 1940 (the ‘‘Advisers Act’’) and is the approval of the New Agreements by the consistent with the protection of investment adviser to each of the Portfolios’ shareholders, all fees earned investors and the purposes fairly Portfolios. during the Interim Period. Applicants intended by the policy and provisions of 2. The advisory agreements between state that the Interim Agreements will the Act. Applicants believe that the the Portfolios and the Manager (the contain substantially the same terms requested relief meets this standard. ‘‘Management Agreements’’) allow the and conditions as the Existing 3. Applicants submit that the terms Manager to engage a sub-adviser for Agreements, except for their effective and timing of the Resignation and each Portfolio, subject to the approval of and termination dates and the name of subsequent termination of the Existing the board of trustees of the Fund (the the Successor Sub-adviser. Agreements were wholly determined by ‘‘Board’’) and the shareholders of the Putnam, without advance discussion Portfolios. Under this authority, the 5. Applicants propose to enter into an with applicants, and were not Manager entered into investment sub- escrow agreement with an unaffiliated foreseeable. Applicants state that the advisory agreements for each Portfolio financial institution (‘‘Escrow Agent’’). Effective Date does not provide the (the ‘‘Existing Agreements’’) with The portion of the investment advisory Board with sufficient time to perform Putnam Investment Management, Inc. fees payable to the Successor Sub- adequately its responsibilities in (‘‘Putnam’’), an investment adviser adviser during the Interim Period under identifying a Successor Sub-adviser, registered under the Advisers Act. The the Interim Agreements would be paid negotiating the New Agreements, Existing Agreements have been by the Manager into an interest-bearing soliciting proxies, and securing approved by the Board and the escrow account maintained by the shareholder approval of the New shareholders of the Portfolios in Escrow Agent. The amounts in the Agreements. Applicants contend that, accordance with section 15 of the Act. escrow account (including any interest under the circumstances, acceleration of On March 4, 1999, Putnam gave written earned on such paid fees) would be paid the shareholder approval process would notice of its intent to resign as sub- to the Successor Sub-adviser only upon not be in the best interests of adviser to each of the Portfolios (the approval of the New Agreements by shareholders. ‘‘Resignation’’). The Effective Date of the each Portfolio’s shareholders. In the 4. Applicants state that the requested Resignation is scheduled for May 3, absence of such approval, the amounts relief will allow for the continued 1999. Applicants state that the terms will be paid to the applicable Portfolio. conduct of the Portfolios’ investment and timing of the Resignation were The Board will be notified before any program, without disruption, during the wholly determined by Putnam without amounts are released from the escrow Interim Period, and facilitate the orderly advance discussion with applicants, and account. and reasonable consideration of the
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New Agreements by shareholders. prior to termination of the Existing underwritten by a principal underwriter Applicants state that the Board, Agreement for the Portfolio. affiliated with the investment adviser to including the Independent Trustees, 6. The costs of preparing and filing that portion if the purchase is in will undertake the review required by the application and the costs related to accordance with all of the conditions to section 15(c) of the Act and that the the solicitation of shareholder approval rule 10f–3 under the Act, except for the scope and quality of services provided of the New Sub-advisory Agreements provision that would require to the Portfolios by the Successor Sub- will be borne by the Portfolios, provided aggregation of certain purchases. adviser during the Interim Period will that the Board of Trustees, including a APPLICANTS: AMR Investment Services be at least equivalent to that provided majority of the Independent Trustees, Trust (‘‘AMR Trust’’), AMR Investment under the Existing Agreements. determines that the Manager or a Services, Inc. (‘‘Adviser’’), Brandywine Applicants also state that such services controlling person of the Manager will Asset Management, Inc. will be provided at fees unchanged from not directly or indirectly receive money (‘‘Brandywine’’), Lazard Freres & Co. the fees paid under the Existing or other benefit, including, but not LLC (‘‘LF’’), Legg Mason Wood Walker, Agreements. limited to, an increased portion of the Inc. (‘‘LMWW’’), and Howard, Weil, Applicants’ Conditions fees under the Management Agreements Labouisse, Friedrichs, Inc. (‘‘HWLF’’). for the Portfolios or a reduced level of Applicants agree that the requested FILING DATES: The application was filed responsibility, in connection with the on February 26, 1998, and amended on order will be subject to the following New Sub-advisory Agreements. conditions: March 26, 1999. Applicants have agreed 1. The Interim Agreement for each For the Commission, by the Division of to file an amendment during the notice Portfolio will have substantially the Investment Management, under delegated period, the substance of which is same terms and conditions as the authority. reflected in this notice. Margaret H. McFarland, Existing Agreement for such Portfolio, HEARING OR NOTIFICATION OF HEARING: An except for the name of the Successor Deputy Secretary. order granting the application will be Sub-adviser, the effective and [FR Doc. 99–9315 Filed 4–13–99; 8:45 am] issued unless the Commission orders a termination dates and the inclusion of BILLING CODE 8010±01±M hearing. Interested persons may request escrow arrangements. a hearing by writing to the 2. The advisory fees payable by the Commission’s Secretary and serving Manager to the Successor Sub-adviser SECURITIES AND EXCHANGE applicants with a copy of the request, for each Portfolio during the Interim COMMISSION personally or by mail. Hearing requests Period will not be greater than the fees [Investment Company Act Release No. should be received by the Commission payable under the Existing Agreement. 23773; 812±11030±02] by 5:30 p.m. on May 3, 1999, and The portion of the advisory fees payable should be accompanied by proof of by the Manager to the Successor Sub- AMR Investment Services Trust, et al.; service on applicants in the form of an adviser during the Interim Period will Notice of Application affidavit or, for lawyers, a certificate of be maintained in an interest-bearing service. Hearing requests should state escrow account, and amounts in the April 7, 1999. the nature of the writer’s interest, the escrow account (including interest AGENCY: Securities and Exchange reason for the request, and the issues earned on such amounts) will be paid Commission (‘‘Commission’’). contested. Persons who wish to be (a) to the Successor Sub-adviser after the ACTION: Notice of an application for an notified of a hearing may request requisite approval of the New order under sections 6(c) and 17(b) of notification by writing to the Agreement for such Portfolio is the Investment Company Act of 1940 Commission’s Secretary. obtained, or (b) to the Portfolio in the (‘‘Act’’) for an exemption from section ADDRESSES: Secretary, Commission, 450 absence of such approval. 17(a) of the Act, under section 6(c) for Fifth Street, NW, Washington, DC 3. Each Portfolio will promptly an exemption from section 17(e) of the 20549–0609. Applicants: AMR Trust schedule a meeting of shareholders to Act and rule 17e–1 under the Act, and and Adviser, 4333 Amon Carter vote on approval of its New Agreement under section 10(f) of the Act for an Boulevard, MD 5645, Fort Worth, TX to be held on or before the 150th day exemption from section 10(f). 76155; Brandywine, 201 North Walnut following the termination of its Existing Street, Wilmington, DE 19801; LF, 30 Agreement (but in no event later than SUMMARY OF THE APPLICATION: Applicants request an order to permit Rockefeller Plaza, 59th Floor, New York September 30, 1999). 10112; LMWW, 100 Light Street, 4. The Manager will take, and the certain registered open-end management Baltimore, MD 21202; and HWLF, 1100 Successor Sub-adviser for each Portfolio investment companies advised by Light Street, Baltimore, MD 21202; and will be required to take, all appropriate several investment advisers to engage in HWLF, 1100 Poydras Street, Ste. 3500, steps so that the scope and quality of principal and brokerage transactions New Orleans, LA 70163. sub-advisory services provided to the with a broker-dealer affiliated with one Portfolio during the Interim Period will of the investment advisers and to FOR FURTHER INFORMATION CONTACT: be at least equivalent, in the judgment purchase securities in offerings Michael W. Mundt, Staff Attorney, at of the Fund’s Board, including the underwritten by a principal underwriter (202) 942–0578, or George J. Zornada, Independent Trustees, to the scope and affiliated with one of the investment Branch Chief, at (202) 942–0564 (Office quality of services previously provided advisers. The transactions would be of Investment Company Regulation, under the Existing Agreement for the between a broker-dealer or principal Division of Investment Management). Portfolio. underwriter and a portion of the SUPPLEMENTARY INFORMATION: The 5. The Board of the Fund, including investment company’s portfolio not following is a summary of the a majority of the Independent Trustees, advised by the adviser affiliated with application. The complete application will have approved the Interim the broker-dealer or principal may be obtained for a fee at the Agreement and the New Agreement for underwriter. Applicants also request Commission’s Public Reference Branch, each Portfolio in accordance with the relief to permit a portion of the portfolio 450 Fifth Street, NW., Washington, DC requirements of section 15(c) of the Act to purchase securities in offering 20549–0102 (telephone (202) 942–8090).
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Applicants’ Representations (either directly or through a separate intends to rely on the order is named as 1. AMR Trust is a New York common operating division) or is an affiliated an applicant. Any other existing or law trust registered under the Act as an person (an ‘‘Affiliated Broker-Dealer’’) future entity that relies on the order will open-end management investment of LAM, Brandywine, or another comply with the terms and conditions company with nine series. Interests in investment adviser serving as of the application. Subadviser (an ‘‘Affiliated Subadviser’’) AMR Trust are offered to the American Applicants’ Legal Analysis AAdvantage Funds and the American to one or more series (each a AAdvantage Mileage Funds ‘‘Portfolio’’) of a Multi-managed Fund A. Principal Transactions Between (collectively, the ‘‘American Trusts’’) (as defined below) to engage in Unaffiliated Portions and Affiliated and other institutions in private principal transactions with a portion of Broker-Dealers offerings exempt from registration under the Portfolio that is advised by another 1. Section 17(a) of the Act generally section 4(2) of the Securities Act of Subadviser that is not an affiliated prohibits sales or purchases of securities person of the Affiliated Broker-Dealer or 1933. Each series of the American between a registered investment the Affiliated Subadviser (an Trusts, with the exception of American company and an affiliated person of, ‘‘Unaffiliated Subadviser’’) (each such AAdvantage S&P 500 Index Fund and promoter of, or principal underwriter portion, an ‘‘Unaffiliated Portion’’); (b) the American AAdvantage S&P 500 for such company, or any affiliated an Affiliated Broker-Dealer to provide Index Mileage Fund, invests all of its person of an affiliated person, promoter, brokerage services to an Unaffiliated investable assets in a series of AMR or principal underwriter. Section Portion, and the Unaffiliated Portion to Trust that has the same investment 2(a)(3)(E) of the Act defines an affiliated utilize such brokerage services, without objectives. person to be any investment adviser of complying with rule 17e–1 (b) and (c) 2. The Adviser is registered under the an investment company, and section under the Act; (c) an Unaffiliated Investment Advisers Act of 1940 2(a)(3)(C) of the Act defines an affiliated (‘‘Advisers Act’’) and is a wholly-owned Portion to purchase securities during the existence of an underwriting person of another person to include any subsidiary of AMR Corporation. The person directly or indirectly controlling, Adviser provides administrative syndicate, a principal underwriter of which is an Affiliated Subadviser or an controlled by, or under common control services to the American Trusts and with such person. Applicants state that investment advisory and administrative affiliated person of an Affiliated Subadviser (an ‘‘Affiliated an Affiliated Subadviser would be an services to AMR Trust. The assets of affiliated person of a Portfolio, and an certain portfolios of AMR Trust are Underwriter’’); and (d) a portion of the Portfolio advised by an Affiliated Affiliated Broker-Dealer would be either allocated by the Adviser among two to an Affiliated Subadviser or an affiliated five subadvisers (‘‘Subadvisers’’). Each Subadviser (‘‘Affiliated Portion’’) to purchase securities during the existence person of the Affiliated Subadviser, and Subadviser has discretion to purchase thus an affiliated person of an affiliated and sell securities for a discrete portion of an underwriting syndicate, a principal underwriter of which is an person (‘‘second-tier affiliated’’ of a of a portfolio’s assets in accordance with Portfolio, including the Unaffiliated the portfolio’s objectives, policies and Affiliated Underwriter, in accordance with the conditions of rule 10f–3 except Portion. Accordingly, applicants state restrictions, and the specific strategies that any transactions to be effected by provided by the Adviser 1 Each that paragraph (b)(7) of the rule would not require the aggregation of purchases an Unaffiliated Subadviser on behalf of Subadviser is paid a fee by the Adviser an Unaffiliated Portion of a Portfolio out of the management fee received by by the Affiliated Portion with purchases 2 with an Affiliated Broker-Dealer are the Adviser from AMR Trust. The by an Unaffiliated Portion. 5. Applicants request that the subject to the prohibitions of section Adviser also may directly advise a exemptive relief apply to AMR Trust or 17(a). discrete portion of a portfolio. any existing or future registered open- 2. Applicants seek relief under 3. Brandywine, a wholly owned sections 6(c) and 17(b) to exempt subsidiary of Legg Mason, Inc., is an end management investment company (a) advised by the Adviser or any entity principal transactions prohibited by investment adviser registered under the section 17(a) because an Affiliated Advisers Act that serves as Subadviser controlling, controlled by, or under common control (within the meaning of Broker-Dealer is deemed to be an to three portfolios of AMR Trust LMWW section 2(a)(9) of the Act) with the affiliated person or a second-tier affiliate and HWLF are broker-dealers registered Adviser and (b) at least one other of an Unaffiliated Portion solely because under the Securities Exchange Act of investment adviser registered under the an Affiliated Subadviser is the 1934 (‘‘Exchange Act’’) that are also Advisers Act or exempt from such Subadviser to another portion of the wholly owned subsidiaries of Legg registration (AMR Trust and such same Portfolio. The requested relief Mason, Inc. LMWW and HWLF are investment companies, each a ‘‘Multi- would not be available if the Affiliated under common control with managed Fund’’). The relief also would Broker-Dealer (except by virtue of Brandywine. LF is an investment apply as described in the application to serving as a Subadviser) is an affiliated adviser registered under the Advisers any existing or future entity that serves person or a second-tier affiliate of the Act and a broker-dealer registered under as an Affiliated Subadviser, Affiliated Adviser, the Unaffiliated Subadviser the Exchange Act. Lazard Asset Broker-Dealer, or Affiliated making the investment decision or any Management (‘‘LAM’’) is an operating Underwriter. Any entity that currently officer, director or employee of the division of LF that serves as a Multi-managed Fund. Subadviser. 2 The terms ‘‘Unaffiliated Subadviser,’’ 3. Section 17(b) of the Act authorizes 4. The requested relief would permit: ‘‘Subadviser’’ and ‘‘Unaffiliated Portion’’ include the Commission to grant an order (a) LF, LMWW, HWLF, or any broker- the Adviser and the discrete portion of a Portfolio permitting a transaction otherwise dealer registered under the Exchange directly advised by the Adviser, respectively, provided that the Adviser manages its portion of the prohibited by section 17(a) if it finds Act that itself serves as Subadviser Portfolio independently of the portions managed by that the terms of the proposed the other Subadvisers to the Portfolio, and the transaction are fair and reasonable and 1 The specific strategies are limited to general Adviser does not control or influence any other do not involve overreaching on the part guidelines that do not restrict a Subadviser’s Subadviser’s investment decisions as to specific discretion to purchase or sell particular securities securities for the other Subadviser’s portion of the of any person concerned, and the for its segment of a Portfolio’s assets. Portfolio. proposed transaction is consistent with
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Applicants (except by virtue of serving as appropriate in the public interest and also assert that permitting the Subadviser) is an affiliated person or a consistent with the protection of transaction will be consistent with the second-tier affiliate of the Adviser, the investors and the purposes fairly general purposes of the Act and in the Unaffiliated Subadviser to the intended by the policies and provisions public interest because the ability to Unaffiliated Portion of the Portfolio, or of the Act. engage in the transactions increases the any officer, director or employee of the 4. Applicants contend that section likelihood of a Portfolio achieving best Multi-managed Fund. 17(a) is intended to prevent persons price and execution on its principal 3. Applicants believe that the who have the power to control an transactions, while giving rise to none of proposed brokerage transactions involve investment company from using that the abuses that section 17(a) was no conflicts of interest of possibility of power to the person’s own pecuniary designed to prevent. self-dealing and will meet the standards advantage. Applicants assert that when of section 6(c). Applicants assert that the person acting on behalf of an B. Payment of Brokerage Compensation the interests of an Unaffiliated investment company has no direct or by Unaffiliated Portions to Affiliated Subadviser are directly aligned with the indirect pecuniary interest in a party to Broker-Dealers. interests of the Unaffiliated Portion it a principal transaction, the abuses that 1. Section 17(e)(2) of the Act prohibits advises, and an Unaffiliated Subadviser section 17(a) is designed to prevent are an affiliate or a second-tier affiliate of a will enter into brokerage transactions not present. Applicants state that if an registered investment company from with Affiliated Broker-Dealers only if Unaffiliated Subadviser purchases receiving compensation for acting as the fees charged are reasonable and fair securities on behalf of an unaffiliated broker in connection with the sale of as required by rule 17e–1(a). Applicants portion in a principal transaction with securities to or by the investment also note that an Unaffiliated an Affiliated Broker-Dealer any benefit company if the compensation exceeds Subadviser has a fiduciary duty to that might inure to the Affiliated Broker- the limits prescribed by the section obtain best price and execution for the Dealer would not be shared by the unless otherwise permitted by rule 17e– Unaffiliated Portion. Unaffiliated Subadviser. In addtion, 1 under the Act. Rule 17e–1 sets forth C. Purchases of Securities From applicants state that Subadvisers the conditions under which an affiliated Offerings With Affiliated Underwriters generally are paid on the basis of a person or a second-tier affiliate of an percentage of the value of the assets investment company may receive a 1. Section 10(f) of the Act, in relevant allocated to their management. The commission which would not exceed part, prohibits a registered investment execution of a transaction to the the ‘‘usual and customary broker’s company from knowingly purchasing or disadvantage of the Unaffiliated Portion commission’’ for purposes of section otherwise acquiring, during the would disadvantage the Unaffiliated 17(e)(2). Rule 17e–1(b) requires the existence of any underwriting or selling Subadviser to the extent that it investment company’s board of syndicate, any security (except a diminishes the value of the Unaffiliated directors, including a majority of the security of which the company is the Portion. Applicants further submit that directors who are not interested persons issuer) a principal underwriter of which Adviser’s power to dismiss Subadvisers under section 2(a)(19) of the Act, to is an officer, director, member of an or to change the portion of a Portfolio adopt certain procedures and to advisory board, investment adviser, or allocated to each Subadviser reinforces determine at last quarterly that all employee of the company, or an a Subadviser’s incentive to maximize transactions effected in reliance on the affiliated person of any of those persons. the investment performance of this own rule complied with the procedures. Rule Section 10(f) also provides that the portion of the Portfolio. 17e–1(c) specifies the records that must Commission may exempt by order any 5. Applicants state that each be maintained by each investment transaction of classes of transactions Subadviser’s contract assigns it company with respect to any transaction from any of the provisions of section responsibility to manage a discrete effected pursuant to rule 17e–1. 10(f), if and to the extent that such portion of the Portfolio. Each 2. As discussed above, applicants exemption is consistent with the Subadviser is responsible for making state that an Affiliated Broker-Dealer is protection of investors. Rule 10f–3 independent investment and brokerage either an affiliated person (as under the Act exempts certain allocation decisions based on its own Subadviser to another portion of the transactions from the prohibitions of research and credit evaluations. Portfolio) or a second-tier affiliate of an section 10(f) if specified conditions are Applicants represent that the Adviser Unaffiliated Portion and thus subject to met. Paragraph (b)(7) of rule 10f–3 limits does not dictate brokerage allocation or section 17(e). Applicants request an the securities purchased by the investment decisions to any Portfolio exemption under section 6(c) from investment company, or by two or more advised by a Subadviser, or have the section 17e–1 to the extent necessary to investment companies having the same contractual right to do so, except with permit an Unaffiliated Portion to pay investment adviser, to 25% of the respect to a portion advised directly by brokerage compensation to an Affiliated principal amount of the offering of the the Adviser. Applicants contend that, in Broker-Dealer acting as broker in the class of securities. managing a discrete portion of a ordinary course of business in 2. Applicants state that each portfolio, each Subadviser acts for all connection with the sale of securities to Subadviser, although under contract to practical purposes as though it is or by such Unaffiliated Portion, without manage only a distinct portion of a managing a separate investment complying with the requirements of rule Portfolio, is considered an investment company. 17e–1(b) and (c). The requested adviser to the entire Portfolios. As a 6. Applicants state that the proposed exemption would apply only where an result, applicants believe that all transactions will be consistent with the Affiliated Broker-Dealer is deemed to be purchases of securities by an policies of the Portfolio, since each an affiliated person or a second-tier Unaffiliated Portion from an
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No Affiliated Subadviser, Affiliated variable annuity contracts and section 10(f) from that section to permit Broker-Dealer, or Affiliated Underwriter certificates (the ‘‘Contracts’’) that an Unaffiliated Portion to purchase (except by virtue of serving as Equitable will issue through the securities during the existence of an Subadviser to a discrete portion of a Separate Accounts, as well as other underwriting or selling syndicate, a Portfolio) will be an affiliated person or contracts that Equitable may issue in the principal underwriter of which is an a second-tier affiliate of the Adviser, any future through Future Accounts that are Affiliated Underwriter. Applicants Unaffiliated Subadviser, or any officer, substantially similar in all material request relief from section 10(f) only to director, or employee of a Multi- respects to the Contracts (the ‘‘Future the extent those provisions apply solely managed Fund. Contracts’’). Applicants also request that because an Affiliated Subadviser is an 3. No Affiliated Subadviser will the order being sought extend to any investment adviser to the Portfolio. The directly or indirectly consult with any other National Association of Securities requested relief would not be available Unaffiliated Subadvisers concerning Dealers, Inc. (‘‘NASD’’) member broker- if the Affiliated Underwriter (except by allocation of principal or brokerage dealer controlling or controlled by, or virtue of serving as Subadviser) is an transactions. under common control with, Equitable, affiliated person or a second-tier affiliate 4. No Affiliated Subadviser will whether existing or created in the of the Adviser the Unaffiliated participate in any arrangement whereby future, that serves as a distributor or Subadviser making the investment the amount of its subadvisory fees will principal underwriter for the Contracts decision with respect to the Unaffiliated be affected by the investment or Future Contracts offered through the Portion of the Portfolio, or any officer, performance of an Unaffiliated Separate Accounts or any Future director, or employee of the Subadviser. Account (‘‘Equitable Broker-Dealer(s)’’). Multimanaged Fund. Applicants also 5. With respect to purchases of APPLICANTS: The Equitable Life seek relief from section 10(f) to permit securities by an Affiliated Portion Assurance Society of the United States an Affiliated Portion to purchase during the existence of any (‘‘Equitable Life’’), The Equitable of securities during the existence of an underwriting or selling syndicate, a Colorado, Inc. (‘‘EOC,’’ and together underwriting syndicate, a principal principal underwriter of which is an with Equitable Life, ‘‘Equitable’’), underwriter of which is an Affiliated Affiliated Underwriter, the conditions of Separate Account No. 45 of Equitable Underwriter, provided that the purchase rule 10f–3 will be satisfied except that Life (‘‘SA 45’’), Separate Account No. 49 will be in accordance with the paragraph (b)(7) will not require the of Equitable Life (‘‘SA 49’’), Separate conditions of rule 10f–3, except that aggregation of purchases by the Account VA of EOC (‘‘SA VA,’’ and paragraph (b)(7) of the rule will not Affiliated Portion with purchases by an together with SA 45 and SA49, the require the aggregation of purchases by Unaffiliated Portion. ‘‘Separate Accounts’’), any other the Affiliated Portion with purchases by separate account established by an Unaffiliated Portion. For the Commission, by the Division of Investment Management, under delegated Equitable in the future to support 4. Applicants state that section 10(f) certain deferred variable annuity was adopted in response to concerns authority. Margaret H. McFarland, contracts and certificates issued by about the ‘‘dumping’’ of otherwise Equitable (‘‘Future Account’’), EQ Deputy Secretary. unmarketable securities on investment Financial Consultants, Inc. (‘‘EQFC’’), companies, either by forcing the [FR Doc. 99–9245 Filed 4–13–99; 8:45 am] and Equitable Distributors, Inc. (‘‘EDI’’) investment company to purchase BILLING CODE 8010±01±M (collectively, ‘‘Applicants’’). unmarketable securities from its FILING DATE: The application was filed underwriting affiliate, or by forcing or on October 30, 1998, and amended and encouraging the investment company to SECURITIES AND EXCHANGE restated on March 29, 1999. purchase the securities from another COMMISSION HEARING OR NOTIFICATION OF HEARING: An member of the syndicate. Applicants [Release No. IC±23774; File No. 812±11388] submit that these abuses are not present order granting the application will be in the context of the Portfolios because The Equitable Life Assurance Society issued unless the SEC orders a hearing. a decision by an Unaffiliated Subadviser of the United States, et al. Interested persons may request a to purchase securities from an hearing by writing to the SEC’s underwriting syndicate, a principal April 7, 1999. Secretary and serving Applicant with a underwriter of which is an Affiliated AGENCY: Securities and Exchange copy of the request, in person or by Underwriter, involves no potential for Commission (the ‘‘Commission’’ or mail. Hearing requests should be ‘‘dumping.’’ In addition, applicants ‘‘SEC’’). received by the SEC by 5:30 p.m. on assert that aggregating purchases would ACTION: Notice of Application for an April 30, 1999, and should be serve no purpose because there is no order under Section 6(c) of the accompanied by proof of service on the collaboration among Subadvisers, and Investment Company Act of 1940 (the Applicants, in the form of an affidavit any common purchases by an Affiliated ‘‘1940 Act’’) granting exemptions from or, for lawyers, a certificate of service. Subadviser and an Unaffiliated the provisions of Sections 2(a)(32), Hearing requests should state the nature Subadviser would be coincidence. 22(c), and 27(i)(2)(A) of the Act and of the writer’s interest, the reason for the Rule 22c–1 thereunder to permit the request, and the issues contested. Applicants’ Conditions recapture of credits applied to Persons who wish to be notified of a Applicants agree that any order contributions made under certain hearing may request notification by granting the requested relief will be deferred variable annuity contracts. writing to the Secretary of the SEC. subject to the following conditions: ADDRESSES: Secretary, Securities and 1. Each Portfolio relying on the SUMMARY OF APPLICATION: Applicants Exchange Commission, 450 Fifth Street, requested order will be advised by an seek an order under Section 6(c) of the NW., Washington, DC 20549–0609.
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Applicants, c/o The Equitable Life Future Accounts. That portion of the material respects. They differ Assurance Society of the United States, respective assets of the Separate principally in the mix of mutual funds 1290 Avenue of the Americas, New Accounts that is equal to the reserves underlying each of the Separate York, New York 10104, Attn: Mary P. and other Contract liabilities with Accounts and in the distribution Breen, Esq. respect to SA 45, SA 49 or SA VA is not channels used in the offering of the FOR FURTHER INFORMATION CONTACT: chargeable with liabilities arising out of Contracts; otherwise, they are Kevin P. McEnery, Senior Counsel, or any other business of Equitable Life or essentially identical. The SA VA Susan M. Olson, Branch Chief, Office of EOC, as the case may be. Any income, Contracts are part of EOC’s Insurance Products, Division of gains or losses, realized or unrealized, ‘‘Accumulator’’ line of annuity Investment Management, at (202) 942– from assets allocated to the Separate products. They are substantially similar 0670. Accounts are, in accordance with the in all material respects of the SA 45 and respective Separate Accounts’ Contracts, SUPPLEMENTARY INFORMATION: The SA 49 Contracts, except that they: (i) credited to or charged against the following is a summary of the Only offer variable investment options Separate Accounts, without regard to application. The complete application is during the accumulation period of the other income, gains or losses of available for a fee from the SEC’s Public Contracts, (ii) do not offer a ‘‘guaranteed Equitable Life or EOC, as the case may Reference Branch, 450 Fifth St., NW, period account’’ feature that involves a be. market value adjustment; and (iii) do Washington, DC 20549–0102 (tel. (202) 4. EQFC is an indirect, wholly-owned 942–8090). not offer a combined guaranteed subsidiary of Equitable Life and will be minimum income benefit and Applicants’ Representations the principal underwriter of SA 45 and guaranteed minimum death benefit or SA VA and distributor of the Contracts 1. Equitable Life is a stock life ‘‘baseBUILDER’’ feature. EOC may, in funded through SA 45 (the ‘‘SA 45 insurance company organized under the the future, add these features to the SA Contracts’’) and through SA VA (the laws of the State of New York. SA 45 VA Contracts. Contracts may be issued ‘‘SA VA Contracts’’). EQFC is registered and SA 49 were established in August as individual retirement annuities with the Commission as a broker-dealer (‘‘IRAs,’’ either ‘‘Traditional IRAs’’ or 1994 and June 1996. Equitable Life under the Securities Exchange Act of serves as depositor of SA 45 and SA 49. ‘‘Roth IRAs’’), or as non-qualified 1934 (the ‘‘1934 Act’’) and is a member annuitiess (‘‘NQ’’) for after-tax Equitable Life may in the future of the NASD. The SA 45 Contracts and establish one or more Future Accounts contributions only. NQ Contracts also the SA VA Contracts will be offered my be used for certain types of qualified for which it will serve as depositor. through registered representatives of 2. EOC is a stock life insurance plans (‘‘QP’’). Each of the Contracts EQFC and its affiliate who are registered consists of (i) a basic form of group company organized under the laws of broker-dealers under the 1934 Act and the State of Colorado. SA VA was annuity contract (the ‘‘Group Contract’’) NASD members. EQFC, or any successor issued to a bank or trust company established in December 1996, pursuant entity, may act as principal underwriter to authority granted under a resolution whose sole responsibility will be to for any Future Account and distributor serve as party to the Group Contract, (ii) of EOC’s Board of Directors. EOC serves for any Future Contracts issued by as depositor of SA VA. EOC may in the a basic form of certificate issued under Equitable in the future. A successor and reflecting the terms of the Group future establish one or more Future entity also may act as principal Accounts for which it will serve as Contract, and (iii) forms of certificate underwriter for SA 45 and/or SA VA. endorsements to be used for specific depositor. During May 1999, EQFC will change its forms of benefits under the certificates. 3. SA 45 and SA 49 are each a name to AXA Advisors, Inc. In some states, the certificates will be segregated asset account of Equitable 5. EDI is an indirect, wholly-owned Life, and SA VA is a segregated asset subsidiary of Equitable Life and will be issued in the form of individual account of EOC. Each of the Separate the principal underwriter of SA 49 and contracts, rather than under a Group Accounts is registered with the SA VA and distributor of the Contracts Contract. Commission as a unit investment trust funded through SA 49 (the ‘‘SA 49 7. An IRA Contract may be purchased series investment company under the Contracts’’) and the SA VA Contracts. by rolling over or transferring a Act. SA 45 filed a Form N–8A EDI is registered with the Commission contribution of at least $25,000 or more Notification of Registration under the as a broker-dealer under the 1934 Act from one or more individual retirement 1940 Act on September 6, 1994, and SA and is a member of the NASD. The SA arrangements. Under a Traditional IRA 49 filed a Form N–8A under the Act on 49 and SA VA Contracts will be offered Contract additional contributions of June 7, 1996. SA VA filed a Form N–8A through registered representative of EDI $1,000 or more may be added at any on February 16, 1999. Each of the and its affiliates, as well as through time subject to certain restrictions. Separate Accounts will fund the unaffiliated broker-dealers who have Additional contributions under a variblabe benefits available under the entered into agreements with EDI. All of Traditional IRA Contract are limited to Contracts funded through it. Units of such affiliates and unaffiliated broker- $2,00 per year, but additional rollover or interest in the Separate Accounts under dealers will be registered broker-dealers IRA transfer amounts are unlimited. In the Contracts they fund will be under the 1934 Act and NASD certain cases, additional amounts may registered under the Securities Act of members. EDI, or any successor entity, not be added to a Roth IRA Contract. An 1933 (the ‘‘1933 Act’’). In that regard, may act as principal underwriter for any NQ or QP Contract can be purchased SA 45 and SA 49 filed Form N–4 Future Account and distributor for any with a contribution of $25,000 or more. Registration Statements on September Future Contracts issued by Equitable in Additional contributions of $1,000 or 30, 1998, under the 1933 Act relating to the future. A successor entity also may more can be made at any time, subject the Contracts. SA VA filed a Form N– act as principal underwriter for SA 49 to certain restrictions. Certain 4 Registration Statement on February or SA VA. restrictions also apply to the type of 16, 1999, under the 1933 Act relating to 6. The SA 45 Contracts and the SA 49 contribution Equitable will accept under the Contracts. Equitable may in the Contracts are part of Equitable Life’s QP Contracts. Different minimum future issue Future Contracts through ‘‘Accumulator’’ line of annuity products contribution amounts may be the Separate Accounts or through and they are substantially similar in all established for other retirement plan
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The Contracts offered by Equitable an additional Investment Fund or two instances: (i) when an owner Life permit, and in the future the Investment Funds of the Separate returns a Contract to Equitable for a Contracts offered by EOC may permit, Accounts to invest in any additional refund during the ‘‘free look’’ period, contributions to be allocated to Portfolio or Portfolios, or other such and (ii) when an owner annuitizes guarantee periods (‘‘Guarantee Periods’’) underlying portfolios or other within three years of making a expiring on specified dates. The investments as may now or in the future subsequent contribution, in which case Guarantee Periods will be funded be available. Similarly, Investment Equitable will recover the amount of through an Equitable Life ‘‘non- Funds of the Separate Accounts may be any Credit applicable to such unitized’’ separate account (the combined or eliminated from time to contribution. ‘‘Guaranteed Period Account’’). The time. assets in the Guaranteed Period Account 11. The Contracts provide for various Applicants’ Legal Analysis will not be subject to claims of Equitable withdrawal options, annuity benefits 1. Section 6(c) of the Act authorizes Life’s general creditors. Each Guarantee and payout annuity options, as well as the Commission to exempt any person, Period will provide a guarantee of the transfer privileges among Investment security or transaction, or any class or contribution allocated thereto and Options, dollar cost averaging, death classes of persons, securities or interest. The guarantee is supported by benefit and other features. The SA 45, transactions from the provisions of the Equitable Life’s general account assets, SA 49 and SA VA Contracts have Act and the rules promulgated including those allocated to the identical charges at the separate account thereunder if and to the extent that such Guaranteed Period Account. An upward level consisting of (i) a withdrawal exemption is necessary or appropriate and downward adjustment, or ‘‘market charge as a percentage of contributions in the public interest and consistent value adjustment’’ (‘‘MVA’’), will be declining from 8% in years one and two with the protection of investors and the made to the annuity account value in a to 0% in year ten and thereafter, with purposes fairly intended by the policy Guarantee Period upon a withdrawal, a 15% ‘‘free corridor’’ amount, (ii) asset- and provisions of the Act. Applicants surrender or transfer from a Guarantee based charges at the annual rates of request that the Commission, pursuant Period prior to its expiration. Death 1.10% for mortality and expense risks, to Section 6(c) of the Act, grant the benefit amounts based on annuity 0.25% for administration expenses, and exemptions summarized above with account value in a Guarantee Period 0.25% for distribution expenses, respect to the Contracts and any Future will reflect only any upward MVA. assessed against the net assets of each Contracts funded by the Separate Guarantee Period interests are registered Investment Fund, and (iii) currently, for Accounts or Future Accounts, that are under the 1933 Act pursuant to a Form SA 45 and SA 49 Contracts only, an issued by Equitable and underwritten or S–3 Registration Statement. annual 0.30% charge for an optional distributed by EQFC, EDI or Equitable 9. SA45 currently is subdivided into ‘‘baseBUILDER’’ benefit feature. The Broker-Dealers. Applicants state that 27 sub-accounts, each of which will be underlying Trusts each impose Future Contracts funded by the Separate available under the SA45 Contracts. SA investment management fees, Rule 12b– Accounts or any Future Account will be 49 currently is subdivided into 22 sub- 1 plan fees and charges for other substantially similar in all material accounts, each of which will be expenses. respects to the Contracts. Applicants available under the SA 49 Contracts. SA 12. Each time Equitable receives a believe that the requested exemptions VA currently consists of 22 sub- contribution from a Contract owner, it are appropriate in the public interest accounts, each of which will be will allocate to the owner’s annuity and consistent with the protection of available under the SA VA Contracts. account value a credit (the ‘‘Credit’’) investors and the purposes fairly The respective sub-accounts are referred equal to 3% of the amount of the intended by the policy and provisions of to as ‘‘Investment Funds.’’ Each contribution. Equitable will allocate the Act. Investment Fund will invest in shares of Credits among the Investment Options 2. Applicants represent that it is not a corresponding portfolio (‘‘Portfolio’’) in the same proportion as the administratively feasible to track the of The Hudson River Trust (‘‘HRT’’) or corresponding contributions are Credit amount in any of the Separate EQ Advisors Trust (‘‘EQAT,’’ and allocated by the owner. Equitable will Accounts after the Credit is applied. together with HRT, the ‘‘Trusts’’). The fund the Credits from its general Accordingly, the asset based charges Investment Funds, and in the case of the account assets. Equitable will recapture applicable to the Separate Accounts will SA 45 and 49 Contracts the Guarantee Credits from an owner only if: (i) the be assessed against the entire amounts Periods, will comprise the initial owner returns the Contract during a 10- held in the respective Separate ‘‘Investment Options’’ under the day (or longer, if required) ‘‘free look’’ Accounts, including the Credit amount, Contracts. Each Trust is an open-end, period, or (ii) the owner annuitizes during the ‘‘free look’’ period and the diversified series management within three years of making a three year period prior to annuitization. investment company registered under subsequent contribution, in which case As a result, during such periods, the the Act, whose shares are registered Equitable will recover the amount of aggregate asset based charges assessed under the 1933 Act. Both Trusts are any Credit applicable to such against an owner’s annuity account available under the Separate Accounts. contribution. Under the terms of the value will be higher than those that 10. HRT is managed and its Portfolios Contracts, Contract owners may not would be charged if the owner’s annuity are advised by Alliance Capital annuitize, i.e., commence annuity account value did not include the Management L.P. (‘‘Alliance’’), a payments, earlier than five years from Credit. publicly traded limited partnership. the date of the Contract. 3. Subsection (i) of Section 27 Alliance is an indirect, majority-owned 13. Applicants seek exemption provides that Section 27 does not apply subsidiary of Equitable Life. EQFC has pursuant to Section 6(c) from Sections to any registered separate account overall responsibility for the general 2(a)(32), 22(c), and 27(i)(2)(A) of the Act funding variable insurance contracts, or management and administration of each and Rule 22c–1 thereunder to the extent to the sponsoring insurance company EQAT Portfolio. Various entities serve necessary to permit Equitable to issue and principle underwriting of such
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.048 pfrm02 PsN: 14APN1 18460 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices account, except as provided in protection against ‘‘anti-selection.’’ securities association, to the same paragraph (2) of the subsection. Applicants state that the risk is that, extent, covering the same subject matter, Paragraph (2) provides that it shall be rather than spreading contributions over and for the accomplishment of the same unlawful for any registered separate a number of years, an owner will make ends as are prescribed in Section 22(a) account funding variable insurance very large contributions shortly before in respect of the rules which may be contracts or a sponsoring insurance annuitizing, thereby leaving Equitable made by a registered securities company of such account to sell a less time to recover the cost of the association governing its members. Rule contract funded by the registered Credits applied, to its financial 22c–1 thereunder prohibits a registered separate account unless, among other detriment. Again, the amounts investment company issuing any things, such contract is a redeemable recaptured equal the Credits provided redeemable security, a person security. Section 2(a)(32) defines by Equitable from its own general designated in such issuer’s prospectus ‘‘redeemable security’’ as any security, account assets, and any gain would as authorized to consummate other than short-term paper, under the remain as part of the Contract’s value at transactions in any such security, and a terms of which the holder, upon annuitization. principal underwriter of, or dealer in, presentation to the issuer, is entitled to 7. Applicants represent that the Credit such security, from selling, redeeming, receive approximately his proportionate will be attractive to and in the interest or repurchasing any such security share of the issuer’s current net assets, of investors because it will permit except at a price based on the current or the cash equivalent thereof. owners to put 103% of their net asset value of such security which 4. Applicants submit that the Credit contributions to work for them in the is next computed after receipt of a recapture provisions of the Contracts selected Investment Options. Also, any tender of such security of redemption or would not deprive an owner of his or earnings attributable to the Credit will of an order to purchase or sell such her proportionate share of the issuer’s be retained by the owner, and the security. current net assets. Applicants state that principal amount of the Credit will be 11. Arguably, Equitable’s recapture of an owner’s interest in the amount of the retained if the contingencies set forth in the Credit might be viewed as resulting Credit allocated to his or her annuity the application are satisfied. in the redemption of redeemable account value upon receipt of an initial 8. Further, Applicants submit that the securities for a price other than one contribution is not vested until the recapture of any Credit only applies in based on the current net asset value of applicable free-look period has expired relation to the risk of anti-selection the Separate Accounts. Applicants without return of the Contract. against Equitable. Applicants state that Similarly, Applicants state that an Equitable’s right to recapture Credits contend, however, that recapture of the owner’s interest in the amount of any applies to subsequent contributions Credit is not violative of Section 22(c) Credits allocated upon receipt of made within three years of and Rule 22c–1. Applicants argue that subsequent contributions made during annuitization protects it against the risk the recapture does not involve either of the three years before the owner that owners will contribute larger the evils that Rule 22c–1 was intended annuitizes also is not vested. Until or amounts as they approach an to eliminate or reduce, namely: (i) the unless the amount of any Credit is annuitization date to obtain the Credit, dilution of the value of outstanding vested, Applicants submit that Equitable while avoiding Contract charges over redeemable securities of registered retains the right and interest in the the long term. With respect to refunds investment companies though their sale Credit amount, although not in the paid upon the return of Contracts within at a price below net asset value or their earnings attributable to that amount. the ‘‘free-look’’ period, the amount redemption or repurchase at a price Thus, Applicants argue that when payable by Equitable must be reduced above it, and (ii) other unfair results Equitable recaptures any Credit it is by the allocated Credits. Otherwise, including speculative trading practices. simply retrieving its own assets, and Applicants state that purchasers could See Adoption of Rule 22c–1 under the because an owner’s interest in the Credit apply for Contracts for the sole purpose 1940 Act, Investment Company Release is not vested, the owner has not been of exercising the free-look fund No. 5519 (Oct. 16, 1968). To effect a deprived of a proportionate share of the provision and making a quick profit. recapture of a Credit, Equitable will applicable Separate Account assets, i.e., 9. Applicants submit that the redeem interests in an owner’s annuity a share of the applicable Separate provisions for recapture of any account at a price determined on the Accounts assets proportionate to the applicable Credit under the Contracts do basis of current net asset value of the owner’s annuity account value not, and any such Future Contract respective Separate Accounts. The (including the Credit). provisions will not, violate Section amount recaptured will equal the 5. In addition, with respect to Credit 2(a)(32) and 27(i)(2)(A) of the Act. amount of the Credit that Equitable paid recapture upon the exercise of the free- Nevertheless, to avoid any uncertainties, out of its general account assets. look privilege, Applicants state that it Applicants request an exemption from Although owners will be entitled to would be patently unfair to allow an those Sections, to the extent deemed retain any investment gain attributable owner exercising that privilege to retain necessary, to permit the recapture of any to the Credit, the amount of such gain a Credit amount under a Contract that Credit under the circumstances will be determined on the basis of the has been returned for a refund after a described herein with respect to the current net asset value of the respective period of only a few days. Applicants Contracts and any Future Contracts, Separate Accounts Thus, no dilution state that if Equitable could not without the loss of the relief from will occur upon the recapture of the recapture the Credit, individuals could Section 27 provided by Section 27(i). Credit. Applicants also submit that the purchase a Contract with no intention of 10. Section 22(c) of the 1940 Act second harm that Rule 22c–1 was retaining it, and simply return it for a authorizes the Commission to make designed to address, namely, quick profit. rules and regulations applicable to speculative trading practices calculated 6. Furthermore, Applicants state that registered investment companies and to to take advantage of backward pricing, the recapture of Credits relating to principal underwriters of, and dealers will not occur as a result of the subsequent contributions made within in, the redeemable securities of any recapture of the Credit. However, to three years of annuitization is designed registered investment company, avoid any uncertainty as to full to provide Equitable with a measure of whether or not members of any compliance with the Act, Applicants
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.050 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18461 request an exemption from the 26(b) of the Investment Company Act of of the writer’s interest, the reason for the provisions of Section 22(c) and Rule 1940, as amended (the ‘‘1940 Act’’ or request, and issues contested. Persons 22c–1 to the extent deemed necessary to the ‘‘Act’’), and an order of exemption who wish to be notified of a hearing permit them to recapture the Credit pursuant to section 17(b) of the 1940 may request notification by writing the under the Contracts and Future Act from section 17(a) thereof. SEC’s Secretary. Contacts. ADDRESSES: Secretary, SEC, 450 Fifth APPLICANTS: Merrill Lynch Life Street, NW, Washington, DC 20549– Conclusion Insurance Company (‘‘Merrill Lynch 0609. Applicants, c/o Edward W. Diffin, Life’’), Merrill Lynch Life Variable Applicants submit that their request Jr. Esq., Vice President and Senior Annuity Separate Account A (‘‘Annuity for an order is appropriate in the public Counsel, Merrill Lynch Insurance Account A’’), ML Life Insurance interest. Applicants state that such an Group, Inc., 800 Scudders Mill Road, Company of New York (‘‘ML of New order would promote competitiveness Plainsboro, New Jersey 08536. in the variable annuity market by York’’), and ML of New York Variable FOR FURTHER INFORMATION CONTACT: eliminating the need to file redundant Annuity Separate Account A (‘‘New Lorna J. MacLeod, Attorney, at (202) exemptive applications, thereby York Annuity Account A’’) (collectively, 942–0684, or Susan M. Olson, Branch reducing administrative expenses and the ‘‘Applicants’’). Chief, at (202) 942–0680, Office of maximizing the efficient use of SUMMARY OF APPLICATION: Applicants Insurance Products, (Division of Applicants’ resources. Applicants argue request an order pursuant to section Investment Management). that investors would not receive any 26(b) of the 1940 Act approving the SUPPLEMENTARY INFORMATION: benefit or additional protection by substitution of units of beneficial The requiring Applicants to repeatedly seek interest (‘‘Units’’) issued by the Select following is a summary of the exemptive relief that would present no Ten Portfolios (as defined below) of the application. The complete application issue under the Act that has not already Equity Investor Fund, Defined Asset may be obtained for a fee from the SEC’s been addressed in their Application Funds (the ‘‘Trust’’) and held by Public Reference Branch, 450 Fifth described herein. Applicants submit Annuity Account A and New York Street, NW, Washington, DC 29549 that having them file additional Annuity Account A (each an ((202) 942–8090). applications would impair their ability ‘‘Account’’; collectively, the Applicant’s Representations effectively to take advantage of business ‘‘Accounts’’), to support, as applicable, 1. Merrill Lynch Life, a stock life opportunities as they arise. Further, certain variable annuity contracts insurance company organized under the Applicants state that if they were (collectively, the ‘‘Contracts’’) issued by laws of the State of Arkansas, is the required repeatedly to seek exemptive Merrill Lynch Life or ML of New York depositor and sponsor of Annuity relief with respect to the same issues (collectively, the ‘‘Companies’’). Account A. Annuity Account A is addressed in the Application described Applicants also request an order registered with the Commission under herein, investors would not receive any pursuant to section 17(b) of the Act the Act as a unit investment trust (File benefit or additional protection thereby. exempting them from section 17(a) of No. 811–6459). Applicants submit, based on the the 1940 Act to the extent necessary to 2. ML of New York, a stock life grounds summarized above, that their permit the substitution of Units of the insurance company organized under the exemptive request meets the standards 1999 ML Select Ten V.I. Trust (the laws of the State of New York, is the set out in section 6(c) of the Act, ‘‘1999 Portfolio’’) for Units of the 1998 depositor and sponsor of New York namely, that the exemptions requested ML Select Ten V.I. Trust (the ‘‘1998 Annuity Account A. New York Annuity are necessary or appropriate in the Portfolio’’) initially held by the Account A is registered with the public interest and consistent with the Accounts by redeeming Units of the Commission under the Act as a unit protection of investors and the purposes terminating 1998 Portfolio for portfolio investment trust (File No. 811–6466). fairly intended by the policy and securities and cash (‘‘redemption 3. The Trust is registered with the provisions of the Act, and that, proceeds’’) and using the redemption Commission under the 1940 Act as a therefore, the Commission should grant proceeds, after adjustment by the unit investment trust (File No. 811– the requested order. distribution agent (The Bank of New 3044). The Trust consists of a number of For the Commission, by the Division of York or ‘‘BONY’’) acting on behalf of the portfolios (each a ‘‘Portfolio’’), which Investment Management, pursuant to Accounts, to purchase Units of the 1999 includes the 1998 Portfolio, and will delegated authority. Portfolio. include the 1999 Portfolio (each, a Margaret H. McFarland, FILING DATES: The application was filed ‘‘Select Ten Portfolio’’; collectively, the Deputy Secretary. on April 30, 1998. It was amended and ‘‘Select Ten Portfolios’’). Each Select [FR Doc. 99–9244 Filed 4–13–99; 8:45 am] restated on March 25, 1999 and April 7, Ten Portfolio is or will be a series of the BILLING CODE 8010±01±M 1999. Trust created under New York law by a HEARING OR NOTIFICATION OF HEARING: An Trust Indenture between Merrill Lynch, order granting the application will be Pierce, Fenner & Smith Incorporated SECURITIES AND EXCHANGE issued unless the SEC orders a hearing. (‘‘MLPF&S’’), the Sponsor and COMMISSION Interested persons may request a depositor, and BONY acting as the [Rel. No. IC±23776, 812±11126] hearing by writing to the SEC’s Trustee. Each Select Ten Portfolio will Secretary and serving applicants with a pursue the strategy of buying Merrill Lynch Life Insurance Company, copy of the request, personally or by approximately equal amounts of the ten et al. mail. Hearing requests should be highest dividend yielding common received by the SEC by 5:30 p.m. on stocks of the 30 stocks on the Dow Jones April 8, 1999. April 29, 1999, and should be Industrial Average (‘‘DJIA’’) as of a AGENCY: Securities and Exchange accompanied by proof of service on specified date each year (‘‘Strategy Commission (‘‘Commission’’ or ‘‘SEC’’). applicants, in the form of an affidavit, Stocks’’) and hold them for about one ACTION: Notice of application for an or for lawyers, a certificate of service. year until the Select Ten Portfolio is order of approval pursuant to section Hearing requests should state the nature terminated.
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4. The estimated expenses for the Orders from Sections 2(a)(32), 2(a)(35), Subaccount that utilizes the described 1998 Portfolio consist of a deferral sales 11(c), 22(c) and 22(d) of the Act and investment strategy on a continuous charge (the ‘‘Transaction Fee’’) ($4.70 Rule 22c–1 thereunder, and no relief is basis under the Contracts. per 1000 Units), a Trustee’s fee ($0.82 being requested from those Sections or 10. Applicants represent that by per 1000 Units), Portfolio Supervision, that Rule by this application. prominent disclosure within the Bookkeeping, and Administrative 7. The Contracts are variable annuity prospectuses for the Contracts and the Expenses ($0.45 per 1000 Units), contracts issued by Merrill Lynch Life Accounts, they have notified all Owners Organizational Expenses ($0.46 per and ML of New York. Premiums under and prospective Owners of a Contract in 1000 Units); and Other Operating the Contracts may be allocated to one or advance of the intention of Merrill Expenses ($0.06 per 1000 Units). The more subaccounts of the Accounts. The Lynch Life and ML of New York to Transaction Fee and the fee for Portfolio Contracts generally permit six transfers substitute Units of the 1999 Portfolio for Supervision, Bookkeeping, and per contract year between subaccounts Units of the 1998 Portfolio. The Administrative Expenses are paid to the without imposition of a transfer charge. prospectuses advised Owners and Sponsor. The Transaction Fee is a sales Each Contract reserves to Merrill Lynch prospective Owners that the 1998 charge that compensates the Sponsor for Life or ML of New York, as appropriate, Portfolio will be replaced by the 1999 creating and maintaining the Trust, and the right, subject to Commission Portfolio on a specified date (the includes a profit element. It is accrued approval, to substitute Units of the 1999 ‘‘Rollover Date’’), subject to obtaining daily and collected by the Sponsor, Portfolio for Units of the 1998 Portfolio the relief requested in the application. MLPF&S, on a deferred basis quarterly held by a subaccount of the relevant The prospectuses inform Owners and and any remainder at the time Units are Account. prospective Owners that they may redeemed. The Transaction Fee is not a 8. Merrill Lynch Life on its own continue to allocate premium payments liability of the Trust, but a liability of behalf and on behalf of Annuity and transfer cash value to the Select Ten Unit purchasers. No unaccrued Account A, and ML of New York on its Subaccount investing in the 1998 (contingent) fee amounts will be owed own behalf and on behalf of New York Portfolio after the Rollover Date; if Units are redeemed before the Trust Annuity Account A, made the 1998 however, as of the Rollover Date, the terminates. Applicants represent that Portfolio available as an investment Select Ten Subaccount will invest in the the fee for Portfolio Supervision, option under the Contracts through a 1999 Portfolio (rather than in the 1998 Bookkeeping and Administrative subaccount of each Account (each a Portfolio). The prospectuses further Expenses is paid at cost, consistent with ‘‘Select Ten Subaccount’’). As described inform Owners and prospective Owners Section 26(a)(2)(C) of the 1940 Act and above, each Select Ten Portfolio will that from the Rollover Date to thirty Rule 26a–1 thereunder. Other expenses hold approximately equal values of the days after the Rollover Date, Owners are paid to independent third parties ten stocks in the DJIA having the highest will be permitted to make one transfer and depend on the amounts charged by dividend yield as of a specified date from the Select Ten Subaccount of all of the third parties. each year. In light of the fluctuation in the cash value under a Contract invested 5. The estimated expenses for the dividend rates and share prices of stocks in the Select Ten Subaccount to other 1999 Portfolio will be similar to those of generally, all of the Strategy Stocks are available subaccounts of the relevant the 1998 Portfolio. The Transaction Fee unlikely to be the same from 1998 to Account, without that transfer counting for the 1999 Portfolio will be equal to 1999. Consequently, Applicants as one of the limited number of transfers 0.47% of the initial offer price of the anticipate that a number of the portfolio among subaccounts of an Account 1999 Portfolio. The fee for Portfolio securities held by the Select Ten permitted in a Contract year free of Supervision, Bookkeeping and Portfolios will change each year. The charge. The prospectuses also explain Administrative Expenses will be at cost. organizational structure of the Portfolios that neither Company will exercise any The fee for Organizational Expenses, the dictates that a new Select Ten Portfolio right reserved by it under the Contracts Trustee’s fee and Other Operating be created that will invest in the to impose additional restrictions on Expenses may vary from those of the Strategy Stocks for that year. Each Select transfers until at least thirty days after 1998 Portfolio depending on the Ten Portfolio terminates after one year, the proposed substitution. amounts charged by independent third on a contemplated date. As a result, a 11. Applicants propose to substitute parties. These fees, however, will be substitution must occur in order for the Units of the 1999 Portfolio for Units of without profit to the sponsor consistent Select Ten Subaccount to remain the 1998 Portfolio initially held by the with Rule 26a–1 under the Act. continuously invested in a Select Ten Select Ten Subaccounts by redeeming 6. Applicants specifically represent, Portfolio. Units of the terminating 1998 Portfolio as a basis for receiving the relief 9. The 1998 Portfolio will terminate and using the redemption proceeds to requested in this application, that: (a) on April 30, 1999, and holders of units purchase Units of the 1999 Portfolio. the Transaction Fee for the 1999 of that Portfolio will receive Units of the 12. The proposed substitution will be Portfolio, including the nature and 1999 Portfolio, which will acquire accomplished by the in-kind purpose of the fee, the manner of the approximately equal values of the ten redemption of Units of the terminating imposition of the fee, the amount of the stocks in the DJIA having the highest 1998 Portfolio. The Trust’s distribution fee, and its imposition in the proposed dividend yields as of a specified date agent, acting on behalf of the relevant substitution described in this prior to April 30, 1999, and will hold Account, will adjust the in-kind application, is covered by the exemptive those stocks for approximately one year. proceeds (Strategy Stocks and cash) so relief received in Inv. Co. Act Rel. No. As holders of Units of the 1998 that their overall composition matches 11494 (Dec. 26, 1980) (Order) (the ‘‘1980 Portfolio, the Accounts will, absent the investment profile—the Strategy Order’’), Inv. Co. Act Rel. No. 13848 unusual circumstances and subject to Stocks—of the 1999 Portfolio. The (Mar. 27, 1984) (Order) (the ‘‘1984 obtaining the relief requested in the distribution agent contributes the Order), and Inv. Co. Act Rel. No. 14717 application, receive units of the 1999 adjusted proceeds to the 1999 Portfolio. (Sept. 12, 1985) (Order) (the ‘‘1985 Portfolio on behalf of owners of the Following this contribution, the trustee Order’’); and (b) as a result, the Contracts (‘‘Owners’’) on April 30, 1999. of the 1999 Portfolio will issue the Transaction Fee for the 1999 Portfolio is The purpose of this substitution is to appropriate number of units in the 1999 exempted by the 1980, 1984, and 1985 provide Owners with a Select Ten Portfolio to the relevant Account. The
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.139 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18463 adjustment of the redemption proceeds connection with the proposed appropriate investment vehicle for involves brokerage expenses that will be substitution, including legal, accounting Owners. The 1999 Portfolio will have reflected in the amount contributed to and other fees and expenses (except for identical investment objectives and the 1999 Portfolio and, thus, will be the brokerage expenses described policies to the 1998 Portfolio. borne by Owners remaining in the above), will be paid by Merrill Lynch Furthermore, Applicants assert that an Select Ten Subaccount through the Life or ML of New York. The proposed integral aspect of the long term rollover. Applicants state that these substitution will not impose any tax investment strategy of the Select Ten brokerage expenses are customary liability on Owners, and by itself, will Portfolios is the annual replacement of expenses and are analogous to brokerage not cause the fees and charges currently any portfolio securities that are no expenses incurred by management being paid by existing Owners to be longer among the ten highest dividend investment companies which sell and greater after the proposed substitution yielding stocks in the DJIA. Under the buy portfolio securities throughout the than before the proposed substitution. proposed structure, this is accomplished course of any given year. Units of the 1999 Portfolio will be by the creation of the 1999 Portfolio that 13. As soon as reasonably practicable subject to the Transaction Fee, which will hold (for a one year period) following the proposed substitution (but will be assessed at a rate of 0.4% of the approximately equal values as of the in any event, within five days after initial offer price. Applicants also date of deposit of ten highest dividend April 30, 1999), any Owners affected by represent that the proposed substitution yielding stocks in the DJIA. Applicants the substitution will receive an updated will not be treated as a transfer for the assert that the proposed substitution is prospectus for the Contracts purpose of assessing transfer charges or necessary to permit Owners to pursue accompanied by a prospectus for the for determining the number of the long-term investment strategy for 1999 Portfolio. In addition, Applicants remaining permissible transfers in a which the Select Ten Portfolios are undertake to accompany the updated Contract year. The Companies will not designed. prospectuses with a letter to affected exercise any right either may have Owners that highlights the substitution 5. In addition, Applicants note that under the Contracts to impose the proposed substitution may be only and the investment by the Select Ten additional restrictions on transfers or Sub-Account in the 1999 Portfolio. The temporary in character because Owners eliminate the transfer privilege under may always exercise their own prospectus for the 1999 Portfolio will any of the Contracts for a period of at specify the Strategy Stocks of the 1999 judgment as to the most appropriate least thirty days following the proposed investment vehicle. Owners may, Portfolio. The updated prospectus for substitution. the Contracts will reflect information pursuant to the terms of their Contracts, about the 1999 Portfolio and will inform Applicants’ Legal Analysis and for 30 days after the proposed substitution without charge, transfer Owners that they may make one transfer 1. Applicants request that the contract value to another subaccount. of all contract value under a contract Commission issue an order pursuant to invested in a select Ten Subaccount on section 26(b) of the 1940 Act approving 6. Applicants request that the the date of the prospectus to another the substitution of Units of the 1999 Commission issue an order pursuant to subaccount within thirty days of the Portfolio for Units of the terminating Section 17(b) of the 1940 Act exempting substitution without that transfer 1998 Portfolio currently held by the them from the provisions of Section counting as one of a limited number of Select Ten Subaccounts by redeeming 17(a) of the 1940 Act to the extent transfers permitted in a Contract year or Units of the 1998 Portfolio and using the necessary to permit the substitution of as one of a limited number of transfers redemption proceeds to purchase Units Units of the 1999 Portfolio for Units of permitted in a Contract year.free of of the 1999 Portfolio. the 1998 Portfolio initially held by the charge. The Prospectus will also state 2. Section 26(b) of the 1940 Act Select Ten Subaccounts by redeeming that the Companies will not exercise requires the depositor of a registered Units of the terminating 1998 Portfolio any rights reserved by them under any unit investment trust holding the and using the redemption proceeds to of the Contracts to impose any securities of a single issuer to obtain purchase Units of the 1999 Portfolio. additional restriction on transfers until Commission approval before 7. The Commission has previously at least thirty days after the proposed substituting the securities held by the granted an exemption from Section substitution. trust. Specifically, section 26(b) states: 14. Applicants state that the proposed 17(a) of the 1940 Act to the Trust substitution will take place at relative It shall be unlawful for any depositor or permitting terminating series of the net asset values and, except for the trustee of a registered unit investment trust Trust to sell portfolio securities to new holding the security of a single issuer to series of the Trust. 1 At the time the brokerage expenses described above that substitute another security for such security will be incurred in establishing the 1999 exemption was obtained, the use of unless the Commission shall have approved Portfolios of the Trust as a funding Portfolio, with no other change in the such substitution. The Commission shall amount of any Owners contract value or issue an order approving such substitution if vehicle for insurance company separate death benefit or in the dollar value of the evidence establishes that it is consistent accounts was not contemplated. his or her investment in any subaccount with the protection of investors and the 8. Section 17(a)(1) of the 1940 Act, in investing the Select Ten Trust, or in any purposes fairly intended by the policy and relevant part, prohibits any affiliated of the Accounts. No sales load provisions of this title. person of a registered investment deduction, other than the Transaction 3. Applicants assert that the proposed company, or any affiliated person of Fee, will be made beyond those already substitution is substantially consistent such person, acting as principal, from provided for in the Contracts. Owners with the standards that the Commission knowingly selling any security or other will not incur addition fees or charges and its staff have applied to as a result of the proposed substitution substitutions that have been approved 1 Defined Asset Funds—Equity Income Fund, Inv. nor will their rights, or the obligations in the past and are consistent with the Co. Act Rel. No. 20517 (Aug. 31, 1994) (Order) of Merrill Lynch Life or ML of New protection of investors and the purposes (granting relief under Sections 6(c) and 17(b) of the 1940 Act for the Trust, on behalf of its present and York, as applicable, under the Contracts fairly intended by the 1940 Act. future series, to engage in rollover transactions such be altered in any way. Applicants 4. Applicants assert that the 1999 as those that would occur as a result of the represent that all expenses incurred in Portfolio will be suitable and proposed substitution).
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.140 pfrm02 PsN: 14APN1 18464 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices property to that company. Section registration statement and reports filed under exchange offers between certain unit 17(a)(2) of the 1940 Act generally the 1940 Act; and investment trusts and certain open-end prohibits the persons described above, (3) The proposed transaction is consistent management investment companies. acting as principals, from knowingly with the general purposes of the 1940 Act. purchasing any security or other 14. Applicants assert that the terms of APPLICANTS: The Prudential Insurance property from the registered investment the proposed substitution, including the Company of America (‘‘Prudential’’), company. consideration to be paid and received The Prudential Individual Variable 9. Section 2(a)(3)(F) of the 1940 Act are reasonable and fair and do not Contract Account (the ‘‘VIP defines the term ‘‘affiliated person of involve overreaching on the part of any Nonqualified Account’’), The Prudential another person’’ as ‘‘if such other person person concerned. Applicants also Qualified Individual Variable Contract is an unincorporated investment assert that the proposed substitution is Account (the ‘‘VIP Qualified Account’’), company not having a board of consistent with the policies of the Trust Global Utility Fund, Inc., Nicholas- directors, the depositor thereof.’’ As the and of the affected Portfolios, as recited Applegate Fund, Inc., Prudential Trust is an unincorporated investment in the current registration statements Balanced Fund, Prudential Developing company that does not have a board of and reports filed by each under the 1940 Market Fund, Prudential Diversified directors, the depositor thereof, Act. Finally, Applicants assert that the Bond Fund, Inc., Prudential Emerging MLPF&S, is an affiliated person of the proposed substitution is consistent with Growth Fund, Inc., Prudential Equity Trust. the general purposes of the 1940 Act. Fund, Inc., Prudential Equity Income 10. Pursuant to Section 2(a)(3)(C) of 15. Rule 17a–7 under the 1940 Act Fund, Inc., Prudential Europe Growth the 1940 Act, ‘‘any person directly or exempts from the prohibitions of Fund, Inc., Prudential Global Genesis indirectly controlling, controlled by, or Section 17(a), subject to certain Fund, Inc., Prudential Global Limited under common control with’’ another enumerated conditions, a purchase or Maturity Fund, Inc., Prudential person is an ‘‘affiliated person’’ of such sale transaction between a registered Government Income Fund, Inc., other person. MLPF&S is a wholly investment company or a separate series Prudential Government Securities Trust, owned subsidiary of Merrill Lynch & of a registered investment company and Prudential High Yield Fund, Inc., Co., Inc. As a wholly owned subsidiary a person which is an affiliated person of Prudential High Yield Total Return of Merrill Lynch & Co., Inc., Applicants such registered investment company (or Fund, Inc., Prudential Index Series represent that MLPF&S is ‘‘controlled affiliated person of such person) solely Fund, Prudential Intermediate Global by’’ Merrill Lynch & Co., Inc. within the by reason of having a common Income Fund, Inc., Prudential meaning of Section 2(a)(9) of the 1940 investment adviser or investment International Bond Fund, Inc., Act. advisers which are affiliated persons of Prudential Mid-Cap Value Fund, 11. Applicants further represent that each other, common directors, and/or Prudential MoneyMart Assets, Inc., each Company is an indirect wholly common officers. Applicants assert that Prudential Natural Resources Fund, owned subsidiary of Merrill Lynch & although they cannot rely on Rule Inc., Prudential Pacific Growth Fund, Co., Inc., and as such may be deemed 17a–7, they will comply with the Inc., Prudential Real Estate Securities to be controlled by Merrill Lynch & Co., substance of the rule. Fund, Prudential Small-Cap Quantum Inc. Consequently, each of the Fund, Inc., Prudential Small Company Companies is an affiliated person of Conclusion Value Fund, Inc., Prudential Structured MLPF&S, and, as such, is an affiliated Applicants submit that, for the Maturity Fund, Inc., Prudential 20/20 person of an affiliated person of the reasons summarized above, the request Focus Fund, Prudential Utility Fund, Trust. relief is appropriate in the public Inc., Prudential World Fund, Inc., The 12. To the extent that Strategy Stocks interest and consistent with the Global Total Return Fund, Inc., The formerly held by the 1998 Portfolio are protection of investors and the purposes Prudential Investment Portfolios, Inc., sold by the Trust’s distribution agent to fairly intended by the policies and Pruco Securities Corporation (‘‘Pruco’’), the 1999 Portfolio, Applicants submit provisions of the 1940 Act. the Prudential Investment Management that the proposed substitution could For the Commission, by the Division of Services LLC (‘‘PIMS’’). entail the indirect purchase of Units of Investment Management, pursuant to SUMMARY OF APPLICATION: Applicants the 1999 Portfolio with portfolio delegated authority. seek an order to permit exchanges from securities of the 1998 Portfolio, and the Margaret H. McFarland, individual variable annuity contracts of indirect sale of Units of the 1998 Deputy Secretary. the VIP Nonqualified Account and the Portfolio for portfolios securities of the [FR Doc. 99–9316 Filed 4–13–99; 8:45 am] VIP Qualified Account (collectively, the 1999 Portfolio by the Companies, acting ‘‘VIP Accounts’’) and similar current BILLING CODE 8010±01±M as principal, from and to the Trust, and and future variable annuity accounts of therefore would be in contravention of Prudential or an affiliated insurance Section 17(a). SECURITIES AND EXCHANGE company to certain open-end 13. Section 17(b) of the 1940 Act COMMISSION management investment companies. provides that the Commission may, FILING DATE: The application was filed [Rel. No. IC±23775; File No. 812±10798] upon application, grant an order on September 24, 1997 and amended on exempting any transaction from the March 22, 1999. prohibitions of Section 17(a) if the The Prudential Insurance Company of evidence establishes that: America, et al.; Notice of Application HEARING OR NOTIFICATION OF HEARING: An order granting the application will be (1) The terms of the proposed transaction, April 7, 1999. issued unless the Commission orders a including the consideration to be paid or AGENCY: Securities and Exchange hearing. Interested persons may request received, are reasonable and fair and do not Commission (‘‘SEC’’ or ‘‘Commission’’). involve overreaching on the part of any a hearing by writing to the Secretary of person concerned; ACTION: Notice of application for an the Commission and serving Applicants (2) The proposed transaction is consistent order under Section 11 of the with a copy of the request, personally or with the policy of each registered investment Investment Company Act of 1940 (the by mail. Hearing requests should be company concerned, as recited in its ‘‘1940 Act’’ or ‘‘Act’’) permitting certain received by the Commission by 5:30
VerDate 23-MAR-99 15:14 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.XXX pfrm07 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18465 p.m. on April 29, 1999, and should be Fund and Prudential Latin America 6. PIMS is a direct, wholly-owned accompanied by proof of service on Equity Fund of the Prudential subsidiary of Prudential and is a Applicants in the form of an affidavit or, Developing Market Fund; Prudential registered broker-dealer under the 1934 for lawyers, a certificate of service. Diversified Bond Fund, Inc.; Prudential Act. It distributes the shares of each Hearing requests should state the nature Emerging Growth Fund, Inc.; Prudential class of the Prudential Funds. of the requester’s interest, the reason for Equity Fund, Inc.; Equity Income Fund, 7. Prudential offers the VIP contracts the request, and the issues contested. Inc.; Prudential Europe Growth Fund through the VIP Qualified Account for Persons may request notification of a Inc.; Prudential Global Genesis Fund, use in connection with retirement hearing by writing to the Secretary of Inc.; Limited Maturity Fund of the arrangements that qualify for federal tax the Commission. Prudential Global Limited Maturity benefits under sections 401, 403(b), 408, ADDRESSES: Secretary, SEC, 450 Fifth Fund, Inc.; Prudential Government or 457 of the Internal Revenue Code of Street, NW Washington, DC 20549– Income Fund, Inc.; Money Market 1986, as amended (the ‘‘Code’’). 0609. Applicants, c/o Christopher E. Series, U.S. Treasury Money Market Prudential offers nonqualified VIP Palmer, Shea & Gardner, 1800 Series and Short-Intermediate Term contracts through the VIP Nonqualified Massachusetts Ave., NW, Washington, Series of the Prudential Government Account. A contract owner may choose DC 20036. Securities Trust; Prudential High Yield to have purchase payments invested in Fund, Inc.; Prudential High Yield Total any of the respective Account’s FOR MORE INFORMATION CONTACT: Joyce Return Fund, Inc.; Prudential Stock subaccounts. Subject to certain Merrick Pickholz, Senior Counsel, or Index Fund of the Prudential Index limitations, contract owners may Kevin M. Kirchoff, Branch Chief, Office Series Fund; Prudential Intermediate transfer subaccount units at net asset of Insurance Products, Division of Global Income Fund, Inc.; Prudential value among the various subaccounts. Investment Management, at (202) 942– International Bond Fund, Inc.; 8. Applicants request an order to 0670. Prudential Mid-Cap Value Fund; allow VIP contract owners to exchange SUPPLEMENTARY INFORMATION: The Prudential MoneyMart Assets, Inc.; any or all of their subaccount units for following is a summary of the Prudential Natural Resources Fund, shares of a Prudential Fund under one application; the complete application is Inc.; Prudential Pacific Growth Fund, of the two following exchange offers. available for a fee from the Inc,; Prudential Real Estate Securities Exchange offer ‘‘A’’ would be available Commission’s Public Reference Branch, Fund; Prudential Small-Cap Quantum only for exchanges of aggregate 450 Fifth Street, NW, Washington, DC Fund, Inc.; Prudential Small Company subaccount units worth $1,000,000 or 20549 (202) 942–8090. Value Fund, Inc.; Income Portfolio of more. Contract owners would exchange Applicants’ Representations the Prudential Structured Maturity subaccount units for Prudential Fund Fund, Inc.; Prudential 20/20 Focus Class A shares, and any front-end sales 1. Prudential is a mutual life Fund; Prudential Utility Fund, Inc.; charge customarily assessed on insurance company organized under the Global Series and International Stock purchases of Class A shares would be laws of New Jersey. Prudential issues Series of the Prudential World Fund, waived. Any such exchange would be the individual Variable Investment Plan Inc.; The Global Total Return Fund, Inc.; effected at the relative net asset values variable annuity contracts (the ‘‘VIP and Prudential Active Balanced Fund, of the securities exchanged, and would contracts’’). Prudential Jennison Growth Fund and be priced in accordance with Rule 22c– 2. The VIP Nonqualified Account and Prudential Growth & Income Fund of 1 under the 1940 Act. No sales load, the VIP Qualified Account (collectively, The Prudential Investment Portfolios, administrative fee, redemption fee, or the ‘‘VIP Accounts’’) are separate Inc. other transaction charge would be accounts of Prudential holding assets 4. With the exception of three money imposed at the time of the exchange, relating to the VIP contracts. They are market funds discussed below, each and Prudential would waive: (1) any registered as unit investment trusts Prudential Fund offers four classes of recapture of any bonus amount under the 1940 Act. Both VIP Accounts shares, two of which are relevant here. exchanged; and (2) any annual currently have thirteen separate Class A shares are offered with: (i) up maintenance charge that would subaccounts, each of which invests in a to a 5% front-end sales charge and (ii) otherwise be deducted upon withdrawal single corresponding portfolio of The a fee pursuant to Rule 12b–1 under the of the full value of the contract. Prudential Series Fund, Inc. (the ‘‘Series Act (‘‘Rule 12b–1 fee’’) of up to 0.30%. Exchange offer ‘‘C’’ would be available Fund’’), an open-end management Class C shares are offered with: (i) a only for exchanges of aggregate investment company. Shares of the contingent deferred sales charge of 1% subaccount units worth less than Series Fund are currently sold on redemptions made within one year of $1,000,000. Contract owners would exclusively to separate accounts of purchase and (ii) a Rule 12b–1 fee of exchange subaccount units for Prudential and certain other affiliated 1%. The three money market funds (the Prudential Fund Class C shares. Any insurance companies to fund benefits Money Market Series of the Prudential such exchange would be effected at the under variable annuity and variable life Government Securities Trust, the U.S. relative net asset values of the securities contracts. The Series Fund may in the Treasury Money Market Series of the exchanged and would be priced in future sell its shares to unaffiliated Prudential Government Securities Trust, accordance with Rule 22c–1 under the insurance companies and qualified and Prudential MoneyMart Assets, Inc.) Act. No sales load, administrative fee, plans. have only two classes of shares—A redemption fee, or other transaction 3. The following Applicants or series shares and Z shares. Each Prudential charge would be imposed at the time of of an Applicant are each individually Fund currently pays an investment the exchange, and Prudential would referred to as a ‘‘Prudential Fund’’ and advisory fee and certain other expenses. waive: (1) any recapture of any bonus collectively referred to as the 5. Pruco is an indirect, wholly-owned amount exchanged; and (2) any annual ‘‘Prudential Funds’’; Global Utility subsidiary of Prudential and is a maintenance charge that would Fund, Inc.; Nicholas-Applegate Growth registered broker-dealer under the otherwise be deducted upon withdrawal Equity Fund of the Nicholas-Applegate Securities Exchange Act of 1934 (the of the full value of the contract. Fund, Inc.; Prudential Balanced Fund; ‘‘1934 Act’’). Pruco distributes the VIP Moreover, any contingent deferred sales Prudential Developing Markets Equity contracts. charge that might otherwise be
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.053 pfrm02 PsN: 14APN1 18466 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices applicable to the Class C shares when 11. Applicants respensent that at the asset values of the respective securities subsequently sold would be waived. commencement of the exchange offers, to be exchanged, unless the terms of the 9. With respect to both exchange and as long as the offers remain in offer have first been submitted to and offers, Prudential would limit the offer effect, the prospectus of each VIP approved by the Commission. Section to exchanges in which the following two Account will: (1) Describe the terms of 11(c) of the Act provides that, criteria were met. First, the exchange each offer; (2) disclose that no irrespective of the basis of exchange, must involve a group plan. Second, the redemption or administrative fee would Commission approval is required for plan sponsor must agree that, if it be imposed in connection with the any offer of exchange of any security of terminates its recordkeeping exchange program; (3) disclose that each a registered unit investment trust for the arrangement with Prudential or the exchange offer is subject to termination securities of any other investment affiliate when the VIP contract and its terms are subject to change; and company. Accordingly, although surrender charge or bonus amount (4) describe the tax implications of the Applicants believe that the proposed recapture provision would have been exchanges including, if appropriate, a exchanges are at relative net asset value, applicable had the exchange not description of any adverse tax Commission approval is required for the occurred (or, for those plans that do not consequences of an exchange. proposed exchanges because of the use Prudential or an affiliate for Applicants anticipate that the exchange involvement of the VIP Accounts, each recordkeeping, if the plan withdraws a offers would be extended only to of which is a registered unit investment set portion of its investment in the persons that have been provided a copy trust. Applicants state that they cannot Prudential Funds during that time of the current VIP Qualified Account or rely on existing exemptive rules because period), the plan sponsor will pay VIP Nonqualified Account prospectus. neither Rule 11a–2 nor Rule 11a–3 Prudential a negotiated amount As long as that were the case and the permits exchanges between a unit designed to approximate the VIP disclosure about the exchange offers investment trust separate account and surrender charge and/or recapture of were in the respective prospects, no an open-end investment company that bonus amount that would have been additional disclosure about the is not a separate account. applicable. The plan sponsor must agree exchange offers would be included in 2. The legislative history of Section 11 that any such payment would not be the prospectuses for the Prudential indicates that its purpose is to provide assessed directly or indirectly against Funds, because the Prudential Funds the Commission with an opportunity to plan participants. Applicants represent are offered to a significant number of review the terms of certain offers of exchange to ensure that a proposed offer that the purpose of this second persons who would not be given the is not being made ‘‘solely for the requirement is to prevent plan sponsors exchanges offers. Applicants represent purpose of exacting additional selling from using the exchange offer simply to that if the exchange offers are extended charges.’’ H. Rep. No. 2639, 76th Cong., avoid sales charges that would be to persons that have not been provided 2d Sess. 8 (1940). One of the practices applicable if the plan sponsor copies of a current VIP Account Congress sought to prevent through surrendered the VIP contract for its cash prospectus, the prospectus(es) for the Section 11 was the practice of inducing surrender value and ended its business relevant Prudential Fund(s) will also; (1) describe the terms of each offer; (2) investors to switch securities so that the relationship with Prudential. disclose that no redemption or promoter could charge investors another 10. Prudential would, in its sole administrative fee would be imposed in sales load. Applicants assert that the discretion, determine to whom an connection with the exchange program; proposed exchange offers involve no exchange offer would be made, the time (3) disclose that each exchange offer is possibility of such abuse because the period which the exchange offer would subject to termination and its terms are acquired shares would be subject to be in effect, and when to terminate an subject to change; and (4) describe the neither a front-end nor deferred sales exchange offer. Also, with respect to tax implications of the exchanges charge. With respect to Exchange offer both offers, Prudential may establish including, if appropriate, a description ‘‘A,’’ the acquired Class A shares would fixed periods of time for exchanges of any adverse tax consequences of an have no deferred sales charge and any under a particular contract or group of exchange. front-end sales charge would be waived. contracts (a ‘‘window’’) of at least 60 12. With respect to the exchange Similarly, with respect to Exchange days in length. Any pre-sect window security, Applicants request that the offer ‘‘C,’’ the acquired Class C shares would be at least 60 days in length, and Commission order extend to all other have no front-end sales charge and the no open-ended exchange offer would be current and future variable annuity deferred sales charge would be waived. terminated or its terms amended contracts issued by Prudential or an 3. Applicants assert that the materially without prominent notice to affiliated insurance company, to the Commission, in adopting Rule 11a–3, any contract owners subject to that offer separate accounts relating to any such did not prohibit or restrict exchange of the impending termination or contracts, and to underwriters offers where the acquired mutual fund amendment at least 60 days prior to the distributing the contracts (‘‘Future shares involve a fee under Rule 12b–1. date of termination or the effective date Contracts’’). They further assert that the Commission of the amendment; provided, however, recognized the possibility that the that no such notice would be required Applicants’ Legal Analysis acquired security might have a 12b–1 if, under extraordinary circumstances, 1. Section 11(a) of the Act provides, fee, by considering that as a factor in either: (a) there were a suspension in in pertinent part, that it shall be calculating the holding period for redemption of the exchange security unlawful for any registered open-end deferred sales charges in Rule 11a– under section 22(e) of the 1940 Act or company or any principal underwriter 3(b)(5)(i). rules thereunder; or (b) the offering for such a company to make or cause to 4. Applicants submit that providing company were temporarily to delay or be made an offer to the holder of a class relief with respect to the crease the sale of the security because it security of such company, or of any exchanged security is appropriate. All was unable to invest amounts effectively other open-end investment company, to exchanges that would be permitted in accordance with applicable exchange that security for a security in under the order would be on the same investment objectives, policies and the same or another such company on terms as the exchanges between the VIP restrictions. any basis other than the relative net Accounts and the Prudential Funds,
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.055 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18467 including waiving any front-end sales Annual Responses: 4. George Price, Director Marketing charge or contingent deferred sales Annual Burden: 1,340. Research, Office of Communications & charge on the exchanged security and Comments: Send all comments Public Liaison, Small Business the acquired security. Therefore, there regarding this information collection to Administration, 409 3rd Street SW, would be no possibility of the switching Susan Monge, Program Analyst, Office Suite 7450, Washington, DC 20416. abuses Congress sought to prevent of Government Contracting, Small Phone No: 202–205–7124. through Section 11. Without class relief, Business Administration, 409 3rd Street Send comments regarding whether before Prudential annuity contract SW, Suite 8800, Washington, DC 20416. this information collection is necessary owners could be given additional Phone No: 202–205–7316. for the proper performance of the exchange options, Applicants would Send comments regarding whether function of the agency, accuracy of have to apply for and obtain additional this information collection is necessary burden estimate, in addition to ways to exemptive orders. Applicants believe for the proper performance of the minimize this estimate, and ways to that these additional applications would function of the agency, accuracy of enhance the quality. present no new issues under the 1940 burden estimate, in addition to ways to Title: ‘‘Office of Women’s Business Act not already addressed in their minimize this estimate, and ways to Ownership Year-End Follow-up application. enhance the quality. Survey.’’ 5. Applicants submit that the Title: ‘‘Small Business Development Form No’s: 1976. proposed offers of exchange meet all the Centers Project. Officer’s Checklist.’’ Description of Respondents: Women- objectives of Section 11, and would Form No: 59. owned Businesses. provide a benefit to contract owners by Description of Respondents: Small Annual Responses: 6,850. providing new investment options, and Business Development Centers. Annual Burden: 770. an attractive way to exchange existing Annual Responses: 456. Comments: Send all comments interests in variable contracts for Annual Burden: 456. regarding this information collection to interests in open-end management Comments: Send all comments Tonya Smith, Program Specialist, Office investment companies. regarding this information collection to of Woman Business Ownership, Small Conclusion Terry Nelson, Business Development Business Administration, 409 3rd Street Specialist, Office of Small Business SW, Suite 4400, Washington, DC 20416. For the reasons summarized above, Development, Small Business Phone No: 202–205–6676. Applicants request that the Commission Administration, 409 3rd Street SW, Send comments regarding whether issue an order under sections 11(a) and Suite 8800, Washington, DC 20416. this information collection is necessary 11(c) of the Act approving the exchange Phone No: 202–205–7304. for the proper performance of the offers described in the application. Send comments regarding whether function of the agency, accuracy of For the Commission, by the Division of this information collection is necessary burden estimate, in addition to ways to Investment Management, pursuant to for the proper performance of the minimize this estimate, and ways to delegated authority. function of the agency, accuracy of enhance the quality. Margaret H. McFarland, burden estimate, in addition to ways to Jacqueline K. White, Deputy Secretary. minimize this estimate, and ways to Chief, Administrative Information Branch. [FR Doc. 99–9243 Filed 4–13–99; 8:45 am] enhance the quality. [FR Doc. 99–9264 Filed 4–13–99; 8:45 am] BILLING CODE 8010±01±M Title: ‘‘U.S. Small Business BILLING CODE 8025±01±P Administration’s Application Survey.’’ Form No’s: 1843. SMALL BUSINESS ADMINISTRATION Description of Respondents: SMALL BUSINESS ADMINISTRATION Individuals seeking employment. Data Collection Available for Public Annual Responses: 7,500. [License No. 01/71±0372] Comments and Recommendations Annual Burden: 1,275. Zero Stage Capital VI, L.P. Notice Comments: Send all comments ACTION: Notice and request for Seeking Exemption Under Section 312 regarding this information collection to comments. of the Small Business Investment Act, Carol Cordova, Employment Specialist, Conflicts of Interest SUMMARY: In accordance with the Office of Human Resources, Small Paperwork Reduction Act of 1995, this Business Administration, 409 3rd Street Notice is hereby given that Zero Stage notice announces the Small Business SW, Suite 4200, Washington, DC 20416. Capital VI, L.P., 101 Main Street, Administration’s intentions to request Phone No: 202–205–6162. Cambridge, MA 02142, a Federal approval on a new, and/or currently Send comments regarding whether Licensee under the Small Business approved information collection. this information collection is necessary Investment Act of 1958, as amended DATES: Comments should be submitted for the proper performance of the (‘‘the Art’’), in connection with the on or before June 14, 1999. function of the agency, accuracy of proposed financing of a small concern is FOR FURTHER INFORMATION CONTACT: burden estimate, in addition to ways to seeking an exemption under section 312 Curtis B. Rich, Management Analyst, minimize this estimate, and ways to of the Act and section 107.730, Small Business Administration, 409 3rd enhance the quality. Financings which Constitute Conflicts Street, SW, Suite 5000, Washington, DC Title: ‘‘SBA Guaranty Lender’s of Interest of the Small Business 20416. Phone Number: 202–205–6629. Customer Satisfaction Survey.’’ Administration (‘‘SBA’’) Rules and SUPPLEMENTARY INFORMATION: Form No’s: 1984. Regulations (13 CFR 107.730 (1998)). An Title: ‘‘Prime Contracts Program Description of Respondents: Guaranty exemption may not be granted by SBA Quarterly Report, Part A Traditional Lenders. until Notices of this transaction have PCR and Part B Breakout PCR.’’ Annual Responses: 1. been published. Zero Stage Capital VI, Form No’s: 843A & 843B. Annual Burden: 2,779. L.P., proposes to provide equity Description of Respondents: Comments: Send all comments financing to Kinetix Pharmaceuticals, Procurement Center Representatives. regarding this information collection to Inc., 200 Boston Avenue, Suite 4700,
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Medford, MA 02155. The financing is Pioneer Ventures Limited Partnership survivors, disability, supplemental contemplated for funding growth. was licensed by the Small Business security income, and black lung benefits The financing is brought within the Administration on November 20, 1986. programs. Social Security Rulings may purview of section 107.730(a)(1) of the Under the authority vested by the Act be based on case decisions made at all Regulations because Zero Stage Capital and pursuant to the Regulations administrative levels of adjudication, V, L.P., as Associate of Zero Stage promulgated thereunder, the surrender Federal court decisions, Commissioner’s Capital VI, L.P., owns greater than 10 was accepted on this date, and decisions, opinions of the Office of the percent of Kinetix Pharmaceuticals, Inc. accordingly, all rights, privileges, and General Counsel, and policy and therefore Kinetix Pharmaceuticals, franchises derived therefrom have been interpretations of the law and Inc. is considered an Associate of Zero terminated. regulations. Stage Capital VI, L.P. as defined in (Catalog of Federal Domestic Assistance Although Social Security Rulings do Section 107.50 of the Regulations. Programs No. 59.011, Small Business not have the same force and effect as the Notice is hereby given that any Investment Companies) statute or regulations, they are binding interested person may, not later than Dated: April 7, 1999. on all components of the Social Security Administration, in accordance with 20 April 29, 1999, submit written Don A. Christensen, CFR 402.35(b)(1), and are to be relied comments on the proposed transaction Associate Administrator for Investment. to the Associate Administrator for upon as precedents in adjudicating [FR Doc. 99–9266 Filed 4–13–99; 8:45 am] Investment, U.S. Small Business cases. Administration, 409 Third Street, SW, BILLING CODE 8025±01±P If this Social Security Ruling is later Washington, DC 20416. superseded, modified, or rescinded, we A copy of this Notice shall be will publish a notice in the Federal published, in accordance with section SOCIAL SECURITY ADMINISTRATION Register to that effect. 107.830(g), in the Federal Register by Social Security Ruling, SSR 99±1p. (Catalog of Federal Domestic Assistance, SBA. Programs 96.002 Social Security—Retirement Title II: Termination of Entitlement Insurance; 96.003 Social Security—Special (Catalog of Federal Domestic Assistance Based on Presumed Death Benefits for Persons Aged 72 and Over; Program No. 59.11, Small Business 96.004 Social Security—Survivors Investment Companies) AGENCY: Social Security Administration. Insurance.) Dated: April 14, 1999. ACTION: Notice of Social Security Ruling. Dated: December 1, 1998. Don A. Christensen, SUMMARY: In accordance with 20 CFR Kenneth S. Apfel, Associate Administrator for Investment. 402.35(b)(1), the Commissioner of Social Commissioner of Social Security. [FR Doc. 99–9269 Filed 4–13–99; 8:45 am] Security gives notice of Social Security Policy Interpretation Ruling; Title II: BILLING CODE 8025±01±P Ruling, SSR 99–1p. This Ruling Termination of Entitlement Based on explains that the Social Security Presumed Death Administration (SSA) will terminate SMALL BUSINESS ADMINISTRATION entitlement for those beneficiaries Purpose Interest Rates whose benefits have remained in This Policy Interpretation Ruling suspension for at least 7 years because explains the Social Security The Small Business Administration the beneficiary’s whereabouts are Administration’s (SSA) planned use of publishes an interest rate called the unknown. Presumption of death is an established policy for presuming a optional ‘‘peg’’ rate (13 CFR 120.214) on widely accepted in State and Federal person dead, after the person has been a quarterly basis. This rate is a weighted courts and is codified in SSA’s absent from his or her residence and has average cost of money to the regulations. SSA uses this regulatory not been heard from for a period of 7 government for maturities similar to the presumption to establish the fact of years, to terminate entitlement for such average SBA direct loan. This rate may death for entitlement purposes and will individuals. The presumption of death, be used as a base rate for guaranteed use it to determine that entitlement founded on common law, is widely fluctuating interest rate SBA loans. This ends. Publication of this Ruling will accepted in State and Federal courts to rate will be 5 percent for the April–June prevent benefits from remaining in determine entitlement to property and is quarter of FY 99. suspension indefinitely, thereby codified in our regulations. We use this Arnold S. Rosenthal, reducing the possibility of fraudulent regulatory presumption to establish the Acting Deputy Associate Administrator for payment of suspended benefits and fact of death for entitlement purposes, Financial Assistance. assuring the continued integrity of and will also use it to determine that [FR Doc. 99–9267 Filed 4–13–99; 8:45 am] SSA’s records. entitlement ends. BILLING CODE 8025±01±P EFFECTIVE DATE: April 14, 1999. Citations (Authority) FOR FURTHER INFORMATION CONTACT: Sections 205(a) and 702(a) of the Jeanne O’Connor, Office of Program SMALL BUSINESS ADMINISTRATION Social Security Act; 20 CFR, sections Benefits, Social Security 404.705 and 404.721. Administration, 6401 Security Pioneer Ventures Limited Partnership Boulevard, Baltimore, MD 21235–6401, Pertinent History (License No. 01/01±0337); Notice of (410) 965–7963. Surrender of License Currently, SSA suspends benefits to SUPPLEMENTARY INFORMATION: Although beneficiaries reported missing when Notice is hereby given that Pioneer we are not required to do so pursuant notified by a first party reporter, that is, Ventures Limited Partnership, 60 State to 5 U.S.C. 552(a)(1) and (a)(2), we are a relative, representative or another Street, Boston, Massachusetts 02109, publishing this Social Security Ruling beneficiary on the record who has surrendered its license to operate as in accordance with 20 CFR 402.35(b)(1). establishes that he/she is an acceptable a small business investment company Social Security Rulings make reporter. under the Small Business Investment available to the public precedential In addition, benefits can be Act of 1958, as amended (the Act). decisions relating to the Federal old-age, suspended if mail is returned because it
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.144 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18469 is undeliverable. Suspensions of this after the individual’s payments have articles that may be the subject of type follow prescribed development to been suspended continuously for 7 market access negotiations. A request locate the individual. In such cases, years or more because the individual’s was made in March 1999 to the U.S. SSA first makes a reasonable effort to whereabouts are unknown. This policy International Trade Commission (ITC) to locate the beneficiary and then sends a interpretation will apply to all consider various scenarios for the notice to the beneficiary’s last known individuals whose entitlement is not modification, reduction and or address advising him or her that based on disability. The policies for elimination of duties on all articles in benefits will be stopped if he or she terminating entitlement for disabled the Harmonized System Tariff Schedule does not respond within 15 days. If beneficiaries whose whereabouts are of the United States (HTSUS), in the these efforts fail, and there is no unknown are addressed in 20 CFR context of WTO or FTAA negotiations. response from the beneficiary, benefits 404.1594. This policy interpretation on This is the second invitation by the are suspended. presumed death termination, however, TPSC seeking public comment with In situations where benefits are will apply to those individuals who respect to the development of the suspended for whereabouts unknown, have been converted to retirement agenda, scope, content and timetables unless the presumption of death after 7 benefits following an established period for negotiations or further work in the years is used to terminate benefits, the of disability. If the benefits are WTO, including additional benefits can remain in suspension suspended for whereabouts unknown consultations with non-governmental indefinitely. Studies by the Office of the based on a reported disappearance by a statekholders. The Administration seeks Inspector General (OIG) indicate that first party reporter, that is, a relative, views on the broadest possible range of suspensions should be resolved as a another beneficiary on the record, or a issues for consideration, including deterrent to fraudulent payment to the representative of the beneficiary who is possible subject matter and approaches wrong individuals. In addition, studies an acceptable reporter, the date of to any new negotiations or future work by SSA show that suspensions for lack presumed death generally will be the in the WTO. The WTO General Council of address are usually resolved within date of disappearance, barring some has been instructed to prepare 24 months, and that benefits left in convincing evidence that establishes a recommendations regarding the launch suspense for longer than 24 months, more likely date of death. of further trade negotiations and work in because the continuing eligibility of the For cases where suspension for the WTO, which will be considered and beneficiary cannot be determined, are whereabouts unknown originated approved by WTO Members meeting at rarely ever resolved. SSA now has the through undeliverable mail, and their next Ministerial to be held in the capability to indicate the reason for benefits have remained in suspension United States during the fourth quarter suspension on its payment records. for a period of 7 years or more, the date of 1999. The TPSC request for public Where that reason is whereabouts of presumed death will be the date SSA comments and convocation of public unknown and benefits are in continuous determined that the individual hearings regarding the FTAA suspense for at least 7 years, SSA will disappeared, barring some evidence to negotiations will be issued at a later assume that the reason the beneficiary the contrary. date. failed to request payment during that 7 Effective Date: This Ruling is effective FOR FURTHER INFORMATION CONTACT: For year period is death. upon publication in the Federal procedural questions concerning public Terminating entitlement for presumed Register. comments and/or public hearings death ensures that suspended payments contact Gloria Blue, Executive Cross-References will not be fraudulently issued to Secretary, Trade Policy Staff Committee, someone other than the beneficiary. Program Operations Manual System, Office of the United States Trade That is because erroneous terminations sections GN 02605.055 and GN Representative at (202) 395–3475. All for death can be reinstated only after a 00304.050. other questions concerning the WTO face-to-face interview with the [FR Doc. 99–9226 Filed 4–13–99; 8:45 am] negotiations should be addressed to the beneficiary. However, payment of BILLING CODE 4190±29±P agency’s Office of WTO and Multilateral suspended benefits does not involve the Affairs at (202) 395–6843; questions same stringent development before concerning the FTAA negotiations release of payment and is more should be addressed to the agency’s vulnerable to fraud. By applying the OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Office of Western Hemisphere Affairs at presumption of death policy to (202) 395–6135. terminate entitlement, SSA will ensure Request for Public Comment SUPPLEMENTARY INFORMATION: that a final resolution to suspension Regarding Negotiations on Market 1. Background occurs for those cases which otherwise Access and Other Issues in the World would remain in suspension Trade Organization (WTO) and Under A. WTO Negotiations indefinitely. the Free Trade Area of the Americas Following continuous suspension for On May 18–20, 1998, the World Trade 7 years based on whereabouts unknown, AGENCY: Office of the United States Organization (WTO) held its second entitlement will be terminated for Trade Representative (USTR). ministerial conference in Geneva, presumed death. Absent evidence to the ACTION: Request for comments and Switzerland, along with a contrary, death will be presumed to notice of public hearings. commemoration of the 50th anniversary have occurred on the date of of the post-World War II multilateral disappearance, the date ending the 7 SUMMARY: The interagency Trade Policy trading system. President Clinton, and a year period, or some other date Staff Committee (TPSC) will convene number of heads of state or government depending upon what the evidence public hearings and seeks additional addressed the gathering, and WTO shows is the most likely date of death. public comment as part of its efforts to Members accepted the U.S. invitation to develop proposals and positions host the third ministerial conference in Policy Interpretation concerning the agenda of the third late 1999. That meeting will be held in SSA will presume that a beneficiary Ministerial Conference of the World Seattle on November 30–December 3, has died and will terminate entitlement Trade Organization (WTO), including 1999.
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The general Ministerial Declaration, Preshipment Inspection, Import related issues in the WTO. The Dispute agreed on May 20, 1998, instructs the Licensing, Subsidies and Countervailing Settlement Understanding (DSU) and WTO’s General Council to begin Measures, Safeguards, the General the Agreement on Subsidies and preparations for the launch of Agreement of Trade in Services (GATS), Countervailing Measures, for example, negotiations and consideration of the Trade-Related Aspects of Intellectual contain review provisions as a first step WTO’s forward agenda for approval at Property Rights (TRIPS), the in taking further decisions with respect its 1999 ministerial meeting. A second Understanding on the Rules and to the Agreements. Comments received Declaration, also agreed on May 20, Procedures Governing the Settlement of thus far have drawn attention to the 1998, commits Members to not impose Disputes, Trade Policy Review improvements necessary to the customs duties on electronic Mechanism and Ministerial Decisions operation of the various Agreements and transmissions and calls for the and Declaration, including those Work Programs. establishment by the General Council of undertaken at Marrakesh. Thus far, a work program in the WTO on the implementation has been a major issue Singapore Ministerial Work Program trade-related aspects of electronic in the preparatory process. Comments are requested on what, if commerce. To prepare for U.S. any, next steps should be taken with Mandated Negotiations participation in the General Council respect to the issues raised in the meetings, the TPSC requested public Additional comments are requested context of the work of the working comment (63 FR 160, August 19, 1998). regarding U.S. priorities for the groups established on trade and The United States has participated Agreements concluded as part of the investment, trade and competition actively in the preparations to date with Uruguay Round that contain express policy, transparency in government the benefit of substantial comments agreement to conduct further procurement and the exploratory work from, and consultations with, the negotiations. The Agreement on undertaken by the WTO regarding trade statutorily mandated advisory Agriculture contains provisions for facilitation. Particularly relevant are committees established pursuant to further negotiations and identifies next steps in the above-mentioned areas, section 135 of the Trade Act of 1974, as issues for consideration, including including the nature and scope of any amended. In August 1998, the Trade market access, domestic support and future work. In the case of procurement, Policy Staff Committee published a export subsidies. The General Ministers at Singapore directed the solicitation for public comment Agreement on Trade in Services General Council to identify the elements regarding the development of the provides for further negotiations on for a multilateral transparency agenda, scope, content and timetables specific commitments to liberalize trade agreement, which the United States for negotiations or further work in the in services. The Agreement on Trade- believes could be realized this year. The WTO, including additional Related Intellectual Property Rights Working Groups on competition and consultations with non-governmental (TRIPS) provides for negotiations in investment were extended into 1999 stakeholders. The Administration certain areas. For all of these mandated and have not yet completed their work. sought views on the broadest possible negotiations, particular attention should range of issues for consideration, be given to the range of additional Integration of Least-Developed including possible subject matter and issues not mentioned in the Agreements Countries approaches to any new negotiations or that should be considered, and the Comments are requested on ways to future work in the WTO. U.S. modalities for conducting further facilitate the participation of least Submissions regarding the work of the negotiations. It is noted that the advice developed countries in the WTO, taking WTO can be found on the USTR Web from the U.S. International Trade into account work that has been site at www.ustr.gov. In preparing for the Commission noted above includes all conducted to integrate the technical submissions, the Administration agricultural articles. assistance provided by various requested comments on the following Reviews of Existing Agreements and international organizations, including issues, and additional comments on Work Programs the WTO. The Administration sought these issues is relevant to the hearings views with respect to additional that will now be convened by the TPSC. Comments are requested regarding initiatives related to capacity building U.S. priorities pursuant to the in least developed countries, market Implementation of Existing Agreements Agreements from the Uruguay Round and Work Programs access opportunities, and the possible that specifically provide for reviews and graduation of countries from Additional views are requested with other work as part of their individual preferences. respect to experience in work programs: Agriculture, implementation, including where WTO Antidumping, Customs Valuation, Electronic Commerce Agreements have been successful in Dispute Settlement Understanding, Consistent with the Declaration addressing U.S. interests, and in areas Import Licensing, Preshipment issued at the May 1998 WTO Ministerial where changes would facilitate better Inspection, Rules of Origin, Trade and Conference, additional comments are enforcement and adherence to rules and the Environment, Sanitary and solicited with respect to the commitments, or otherwise advance Phytosanitary Measures, Safeguards, commitment by WTO Members not to U.S. policy objectives. Particular Subsidies and Countervailing Measures, impose customs duties on electronic attention is drawn to the various rules Technical Barriers to Trade, Textiles commerce and the agreement to encompassed in the GATT 1994 (all and Clothing, Trade Policy Review establish a work program for further GATT Articles), the Marrakesh Protocol Mechanism, Trade-Related Aspects of consideration of the relationship to the General Agreement, the Intellectual Property Rights (TRIPS), between trade and electronic commerce. Agreements on Agriculture, Sanitary Trade-Related Investment Measures and Phytosanitary Measures, Textiles (TRIMS), and the General Agreement on Other Trade Matters of Interest and Clothing, Technical Barriers to Trade in Services (GATS). The Consistent with the Ministerial Trade, Trade-Related Investment Committee on Trade and the Declaration, comments are also solicited Measures (TRIMS), Antidumping Environment has thus far been the focal with respect to the range of issues where Practices, Customs Valuation, point for consideration of environment- the United States might choose to seek,
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The issues for the WTO, particularly as its USTR would seek additional public identified thus far include: membership expands to nearly 160 early comment separately on other issues (1) Industrial market access: in the next century. Achieving greater related to the FTAA, including the comments are requested with respect to transparency in the WTO’s operation economic effects of the removal of conducting further tariff negotiations has already been identified as a priority duties and nontariff barriers to trade and possible modalities for such issue for the Administration. The among FTAA participating countries. As negotiations (e.g., pursuit of additional United States has consistently sought to noted above, this request for public sectoral initiatives to reduce or expand the range of WTO documents comment will be issued separately at a harmonize duties, the application of available to the public, and is later date. formula or request/offer approaches and continuing to promote broader related issues). (Further negotiations on derestriction of documents in a more 2. Advice From the U.S. International market access are already envisioned for timely fashion, including in the areas of Trade Commission Regarding Market products covered by the Agricultural access to dispute settlement panel Access Agreement.) This is relevant to the reports. Similarly, as the membership On March 15, 1999 the U.S. Trade request made of the ITC. expands to include Members with less Representative, pursuant to Section (2) Consultations with Non- experience operating as market 332(g) of the Tariff Act of 1930, Governmental Stakeholders: Additional economies, new challenges arise to the requested that the U.S. International comments are requested as to possible WTO’s system of operations and its Trade Commission (‘‘Commission’’) approaches that the WTO could decision-making process. As a result of provide advice to the President, with undertake with respect to non- the Uruguay Round, the WTO entered respect to each item listed in the HTSUS governmental stakeholders. In his into cooperation agreements with the where tariffs remain in effect after full speech to the WTO, President Clinton International Monetary Fund (IMF) and implementation of the results of the challenged the WTO to consider the World Bank to ensure greater Uruguay Round or subsequent WTO improving the opportunities for the coherence in international economic agreements, as to the probable economic public to participate in the development policy; further cooperation may be effect of modification of tariffs on of the WTO’s forward agenda, and to desirable. industries producing like or directly develop a more regular mechanism for competitive articles and on consumers, B. FTAA Negotiations consultation. The WTO has begun to based on the following parameters and take steps to broaden the interaction On December 11, 1994, President scenarios: (1) the effect resulting from with non-governmental organizations in Clinton and the 33 other democratically- changes in dutiable imports from all the regard, including the dissemination elected leaders in the Western U.S. trading partners if all tariffs were of information received from such Hemisphere met in Miami, Florida for reduced by at least 50 percent, with organizations to the WTO’s the first Summit of the Americas. They tariffs of 5 percent reduced to zero; (2) membership. Similarly, a number of agreed to conclude negotiations on a the effects resulting from changes in steps have been taken by the United Free Trade Area of the Americas by the dutiable imports from all U.S. trading States to promote greater transparency year 2005, and to achieve concrete partners if tariffs were eliminated; and in the operation of the WTO that would progress toward that objective by the (3) the effects resulting from tariff be of benefit to stakeholders (e.g., with end of this century. Since that time, the elimination on dutiable imports from respect to making WTO documents 34 Western Hemisphere ministers FTAA trading partners alone. more available to the public). responsible for trade have met on These scenarios either replicate the (3) Relationship Between Trade and several occasions, most recently in tariff proclamation authority provided Labor: Additional comments are March 1998 in San Jose, Costa Rica. under the Omnibus Trade and Tariff Act requested regrading various approaches At the San Jose meeting, the trade of 1988 and the 1974 Trade Act, or to be considered in developing a ministers recommended that the provide information for possible WTO consensus for further consideration of Western Hemisphere leaders initiate the sectoral duty elimination initiatives and this issue on the WTO’s forward agenda. negotiations and provided them FTAA tariff negotiations. At the same WTO Ministers at Singapore renewed recommendations on the structure, time, it should be noted that this request their commitment to the observance of objectives, principles, and venues of the by no means implies that we intend to internationally recognized core labor negotiations. On April 18–19, 1998, take action on all of these tariff standards, noting that economic growth President Clinton and his 33 measures. It merely indicates our and development fostered by increased counterparts initiated the Free Trade interest in obtaining factual advice from trade and further trade liberalization Area of the Americas negotiations at the the Commission on the probably contribute to the promotion of core Summit of the Americas meeting in economic effects of their reduction or labor standards. At the same time, they Santiago, Chile. The leaders agreed to elimination. recognized the important role of the the general framework proposed by the The USTR requested that the International Labor Organization (ILO) 34 trade ministers, which include the Commission provide its advice no later in this area and rejected the use of labor establishment initially of nine than November 17, 1999. standards for protectionist purposes, negotiating groups to be guided by and agreed that the comparative general principles and objectives and 3. Public Comments and Testimony advantages of countries, particularly specified objectives as agreed by the In conformity with section 133 of the low-wage developing countries, must ministers in March 1998. 1974 Trade Act, the regulations not be put into question. Section 131 of The work of the negotiating groups promulgated under the 1974 Act and the the Uruguay Round Agreements Act, began in September 1998. In regulations of the Trade Policy Staff
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Committee (15 CFR part 2003), the Washington, DC 20508. Comments Dates and Places of Future Meetings; Chairman of the TPSC invites the should state clearly the position taken (p.m.) (13) WG–13 continues. Friday, written comments and/or oral testimony and should describe with particularity May 7: (14) WG’s Continue as Required. of interested parties in public hearings the evidence supporting that position. Attendance is open to the interested on the possible market access Any business confidential material must public but limited to space availability. commitments along with other issues be clearly marked as such on the cover With the approval of the chairman, for negotiation or further work in the page (or letter) and succeeding pages. members of the public may present oral WTO, as described above. Parties Such submissions must be accompanied statements at the meeting. Persons should not resubmit submissions by a nonconfidential summary thereof. wishing to present statements or obtain presented in response to the August Nonconfidential submissions will be information should contact the RTCA 1998 FR notice. available for public inspection at the Secretariat, 1140 Connecticut Avenue, USTR Reading Room, Room 101, Office NW., Suite 1020, Washington, DC 4. Requests To Participate in Public of the U.S. Trade Representative, 600 Hearings 20036; (202) 833–9339 (phone); (202) Seventeenth Street, NW, Washington, 833–9434 (fax); or http://www.rtca.org Hearings will be held on Wednesday, DC. An appointment to review the file (web site). Members of the public may Thursday and Friday, May 19–21, in may be made by calling Brenda Webb at present a written statement to the Washington, D.C.; Monday and (202) 395–6186. The Reading room is committee at any time. Tuesday, June 7 and 8 in Chicago, IL; open to the public from 10 a.m. to 12 Thursday and Friday, June 10 and 11 in Issued in Washington, DC, on April 8, noon and from 1 p.m. to 4 p.m., Monday 1999. Atlanta, GA; Monday and Tuesday, June through Friday. Janice L. Peters, 21 and 22 in Los Angeles, CA; and Frederick L. Montgomery, Designated Official. Thursday and Friday, June 24 and 25 in Chairman, Trade Policy Staff Committee. Dallas, TX. The number of days for each [FR Doc. 99–9300 Filed 4–13–99; 8:45 am] [FR Doc. 99–9288 Filed 4–13–99; 8:45 am] hearing may change depending on the BILLING CODE 4910±13±M volume of requests to testify. The time BILLING CODE 3901±01±M and location of the hearings will be announced at a later date. DEPARTMENT OF TRANSPORTATION Parties wishing to testify orally at the DEPARTMENT OF TRANSPORTATION hearings must provide written Federal Highway Administration Federal Aviation Administration notification or their intention by Reports, Forms and Recordkeeping Wednesday, May 5, 1999 to Gloria Blue, RTCA Special Committee 172; Future Requirements; Agency Information Executive Secretary, Trade Policy Staff Air-Ground Communications in the Collection Activity Under OMB Review Committee, Office of the U.S. Trade VHF Aeronautical Data Band (118±137 Representative, Room 122, 600 MHz) AGENCY: Federal Highway Seventeenth Street, NW, Washington, Administration, DOT. Pursuant to section 10(a)(2) of the DC 20508. The notification should ACTION: Notice. include: (1) The specific hearing to be Federal Advisory Committee Act (Pub. attended; (2) name of the person L. 92–463, 5 U.S.C., Appendix 2), notice SUMMARY: In compliance with the presenting the testimony, their address is hereby given for a Special Committee Paperwork Reduction Act of 1995 (44 and telephone number; and (3) a brief 172 meeting to be held May 4–7, 1999, U.S.C. 3501 et seq.), this notice summary of their presentation, starting at 9:00 a.m. The meeting will be announces that the Information including the product(s), with HTSUS held at RTCA, 1140 Connecticut Collection Request (ICR) abstracted numbers, and/or other subjects to be Avenue, NW., Suite 1020, Washington, below has been forwarded to the Office discussed. DC 20036. of Management and Budget (OMB) for Those parties presenting oral The agenda will be as follows: review and comment. The ICR describes testimony must also submit a written Tuesday, May 4: (1) Plenary Convenes at the nature of the information collection brief, in 20 copies, by noon, Wednesday, 9:00 a.m. for 30 minutes: (2) and its expected burden. The Federal May 12, 1999. Remarks at the hearing Introductory Remarks; (3) Review and Register notice with a 60-day comment should be limited to no more than five Approval of the Agenda. (9:30 a.m.) (4) period soliciting comments on the minutes to allow for possible questions Working Group (WG)–2, VHF Data following information collection was from the Chairman and the interagency Radio Signal-in-Space Minimum published on November 5, 1998 [63 FR panel. Participants should provide Aviation System Performance 59837]. thirty typed copies of their oral Standards, continue work on VDL Mode 3. Wednesday, May 5: (a.m.) (5) WG–2 DATES: Comments must be submitted on statement at the time of the hearings. or before May 14, 1999. Any business confidential material must continues work on VDL Mode 3; (p.m.) be clearly marked as such on the cover (6) WG–3, Review of VHF Digital Radio FOR FURTHER INFORMATION CONTACT: page (or letter) and succeeding pages. Minimum Operational Performance Nelda Bravo, LTAP Program Manager, Such submissions must be accompanied Standards Document progress and (202) 366–9633, Federal Highway by a nonconfidential summary thereof. furtherance of work. Thursday, May 6: Administration, Department of Plenary Reconvenes at 9:00 a.m.: (7) Transportation, 400 Seventh Street, 5. Written Comments Review Summary Minutes of Previous SW., Washington, DC 20590. Office Those persons not wishing to Plenary of SC–172; (8) Reports from hours are from 7:30 a.m. to 4:30 p.m., participate in the hearings may submit WG–2 and WG–3 on Activities; (9) e.t., Monday through Friday, except written comments, in twenty typed Report on ICAO Aeronautical Mobile Federal holidays. copies, no later than noon, Wednesday, Communications Panel 6; (10) SUPPLEMENTARY INFORMATION: May 26, 1999 to Gloria Blue, Executive EUROCAE WG–47 Report and discuss Title: Local Technical Assistance Secretary, Trade Policy Staff Committee, schedule for further work with WG–3; Program Extent of Coverage Office of the U.S. Trade Representatives, (10) Review Issues List and Address Type of Request: Approval of a new Room 122, 600 Seventeenth Street, NW, Future Work; (11) Other Business; (12) information collection.
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Affected Public: Employees of local Regulatory Affairs, Office of 493–6247), Office of Safety Assurance and tribal government transportation Management and Budget, 725 17th and Compliance, or Thomas A. providers. Street, NW., Washington, DC 20503, Phemister (telephone 202–493–6050), Abstract: The Local Technical Attention: DOT Desk Officer. Office of Chief Counsel, Federal Assistance Program (LTAP) provides for Comments are invited on: whether the Railroad Administration, 1120 Vermont training, technology transfer and proposed collection of information is Avenue, NW., Washington, DC 20590. technical assistance to local and tribal necessary for the proper performance of government transportation providers. the functions of the Department, SUPPLEMENTARY INFORMATION: On This information collection will be in including whether the information will September 21, 1995, the Research and the form of a survey that will document have practical utility; the accuracy of Special Programs Administration the extent of coverage of the LTAP and the Department’s estimate of the burden published a final rule in Dockets HM provide a baseline from which to of the proposed information collection; 175a and 201, Crashworthiness measure the Program’s progress in ways to enhance the quality, utility and Protection Requirements for Tank Cars; expanding that coverage between now clarity of the information to be this rule was a comprehensive revision and the year 2002. The LTAP has collected; and ways to minimize the of the requirements for building railroad established a network of 57 technology burden of the collection of information tank cars and for inspecting and transfer centers at universities and state on respondents, including the use of maintaining them in hazardous departments of transportation for the automated collection techniques or materials service. The requirements for purpose of improving the skills and other forms of information technology. inspecting and testing specification tank knowledge of local and tribal A comment to OMB is most effective cars are stated at 49 CFR 180.509; that transportation providers through if OMB receives it within 30 days of rule states the ‘‘Conditions requiring training, technical assistance and publication of this Notice. inspection and test of tank cars’’ are as technology transfer. The LTAP Strategic Issued on: April 9, 1999. follows: Plan, adopted in 1997, calls for Michael J. Vecchietti, increasing usage of the program to 75 Without regard to any other periodic percent of local and tribal governments Director, Office of Information and inspection and test requirement, a tank car Management Services. by the year 2002. Information is needed must have an appropriate inspection and test to document the extent to which local [FR Doc. 99–9304 Filed 4–13–99; 8:45 am] according to the type of defect and the type and tribal transportation agencies BILLING CODE 4910±22±P of maintenance or repair performed if: recognize, utilize, and are satisfied with (1) The tank car shows evidence of the services provided by their LTAP abrasion, corrosion, cracks, dents, DEPARTMENT OF TRANSPORTATION Centers. The information will establish distortions, defects in welds, or any other condition that makes the tank car unsafe for the baseline from which progress Federal Railroad Administration towards the goal of increasing coverage transportation. * * * to 75 percent of all local and tribal Notice of Inspection Requirement for (2) The tank car was in an accident and transportation agencies will be Richmond-Built Tank Car Tanks damaged to an extent that may adversely affect its capability to retain its contents. measured. Originally Equipped with ``Foam-In- (3) The tank bears evidence of damage The information will be collected Place'' Insulation through a mail survey. Respondents will caused by fire. be asked to complete a brief, AGENCY: Federal Railroad (4) The Associate Administrator for Safety, standardized questionnaire asking if Administration (FRA), DOT. FRA, requires it based on the existence of employees of their agency are aware of ACTION: Notice of inspection probable cause that a tank car or a class or the existence of their local or tribal requirement. design of tank cars may be in an unsafe LTAP Center, have read its newsletter, operating condition. (49 CFR 180.509(b)) SUMMARY: This document publishes the attended training sessions or utilized text of a letter/notice sent by FRA to Acting on the authority granted in this other technology transfer services owners of record of tank cars originally regulation, on September 9, 1998, FRA’s provided by the Center within the past Associate Administrator for Safety year, and their satisfaction with those built under a series of Certificates of Construction during the period from issued a requirement for the inspection services. Information will be collected of the outer shell of certain cars from a simple random sample of 6,500 January 1, 1972, through December 31, originally built between January 1, 1972, respondents from local and tribal 1982, and originally built with foam-in- and December 31, 1982, with foam-in- governments in the U.S. place insulation and without a The results of the survey will be protective tank shell exterior coating, place insulation and without a retained by the Federal Highway requiring inspections of such cars for protective tank shell coating. The letter Administration for comparison with the listed unsafe conditions. The letter/ was mailed directly to each owner of results of a subsequent collection in the notice was mailed individually to record of every car meeting the defining year 2002. The results of the survey will owners of record of the affected cars and characteristics, but FRA has learned that also be presented in a report for is published in the Federal Register to clerical errors in addressing the letters dissemination to LTAP partners, provide notice to current and may have delayed or misdirected their including national associations, state subsequent owners of the cars in the delivery. Accordingly, the date listed departments of transportation, LTAP event that ownership of a car has been above in this notice, under the heading centers, and local and tribal transferred, or is subsequently DATES, extends the period within which governments. transferred, from the owner of record to inspections and tests must be Estimated Burden: 20 minutes, per another entity. completed. The letter is republished respondent, to read and respond to the DATES: Inspections required under the here in the event that ownership of a car mail survey. 367 total estimated annual notice must be completed on or before has been transferred, or is subsequently burden hours. April 16, 2001. transferred, from the owner of record to ADDRESSES: Send comments, within 30 FOR FURTHER INFORMATION CONTACT: another entity. The text of the letter days, to the Office of Information and Edward W. Pritchard (telephone 202– follows:
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Notice of Inspection Requirement for remained in place and the other, the retirement decision. Many of the Richmond-Built Tank Car Tanks coupled to several cars, rocketed down tank car owners have responded to FRA. Originally Equipped With ‘‘Foam-in- the tracks for several hundred feet The data they furnished shows that Place’’ Insulation spewing flames and smoke as fire approximately 19 percent of the To: Owners of Record of Tank Cars Originally consumed the entire contents of the car. inspected cars had over 25 square feet Built under Certificates of Construction This was a Richmond-built of exterior shell corrosion repaired with Listed in Attachment A DOT105J300W tank car, originally weld overlay; several other cars were constructed as a DOT105A300W with retired due to excess corrosion. This notice imposes a requirement, foam-in-place insulation. During the On October 15, 1997, an owner of 11 pursuant to 49 CFR 180.509(b)(4) and conversion process, the owner had Richmond-built tank cars voluntarily effective with the date on which it is discovered considerable outer-surface notified FRA that one of its cars began issued, that owners of Department of tank shell corrosion and had applied leaking from a through-wall pit in the Transportation (DOT) specification tank weld overlay to restore the contour and tank shell during a liquefied petroleum cars, built by Richmond Tank Car thickness of the tank shell. The FRA and gas loading operation in Manhattan, Company during the period from National Transportation Safety Board’s Illinois, during July of that year. The car January 1, 1972, through December 31, (NTSB) preliminary investigations owner investigated the incident and 1982, and originally constructed with discovered that the site of the origin of discovered that the car had passed an foam-in-place insulation and without a the tank failure was a point near the ultrasonic thickness test (UTT) within 6 protective tank shell exterior coating termination of one of the courses of months of the tank shell failure. The must inspect all such cars for unsafe weld overlay applied earlier to an area owner also inspected the remaining conditions on or before two (2) years of the tank that had experienced exterior tanks for corrosion and pitting. An from the date this notice is issued, as shell corrosion. internal UTT did not disclose any stated in greater detail below. This On March 12, 1996, the AAR issued indication of corrosion or pitting requirement applies to current and an Early Warning Letter requiring the following more than 70 individual tests subsequent owners of the cars. This owner of the Selkirk car to capture and on each car. However, after complete notice is being mailed to each of the inspect other cars (a group of about 80) removal of the tank jacket and foam-in- entities listed on the certificate of built under the same or similar place insulation, the owner found construction as the owner of record of Certificates of Construction. All of the severe exterior shell corrosion and such a car; a similar notice will soon be cars were inspected, except for two in pitting on four of the cars just tested. In published in the Federal Register in storage, and several exhibited poor several locations the tanks did not meet order to provide notice to current and workmanship, weld porosity, lack of the minimum shell thickness subsequent owners of the cars in the weld fusion, and cracking. On May 14, requirements. event that ownership of a car has been 1996, AAR wrote the tank car owner FRA’s investigation of the tank car transferred, or is subsequently directly expressing concerns about other that failed at Manhattan, Illinois, transferred, from the owner of record to Richmond-built tank cars in its fleet and concluded, on December 21, 1997, that another entity. converted from 105A and 105S specifications to 105J cars. The car After observation of and review of the Background records for the cars discussed in this report, owner developed an inspection it is believed that the cars in this series do During inspections to detect cracks in program, including acoustic emission the head pads of Richmond-built tank not comply with 49 CFR 179.100–4(a), as testing, for all Richmond-built cars that there appears to be no protective coating cars, requested in a December 5, 1988 had shell repairs made using the weld applied to the exterior surface of the carbon letter from the Association of American overlay method. As of June 4, 1998, 708 steel tank and the inside surface of the Railroads (AAR) to tank car owners, cars have been inspected, using carbon steel jacket. If, at the time of several major owners reported that their nondestructive methods. These sister manufacture, the foam was thought to inspections also revealed significant cars were inspected for weld overlay provide this protective coating, both the incidence of corrosion on the tank defects and cracking associated with service life of these cars and other anecdotal shells, both in areas void of foam and weld overlay defects as well as exterior information show that the application of this in cars built with foam and ceramic urethane foam alone was ineffective in shell corrosion. No tank weld overlay providing the required protective coating. fiber applied to uncoated tank shells. defects, cracks, or significant corrosion On January 11, 1990, AAR wrote tank have been detected on this block of Although it is fortunate that neither the car owners requesting information on more than 700 cars. Final inspections car failure in Selkirk, New York, nor the the integrity and condition of their under this program are to be completed one in Manhattan, Illinois, caused foam-in-place insulated tank cars. by December 31, 1998. fatalities, FRA draws no comfort from Responding to the information Using information developed by the that fact. FRA believes that, because the furnished by the owners, AAR added to owner of the Selkirk car and foam-in-place insulation did not adhere its Manual of Standards and information gathered in response to the completely to the outer shell, so that Recommended Practices, Specifications January 11, 1990 AAR letter, FRA sent there are void spaces between the for Tank Cars (M–1002) (the Tank Car a letter on September 28, 1996, to all insulation and the shell, the cars did not Manual) a requirement for a protective known owners of Richmond-built foam- comply with 49 CFR § 179.100–4 in coating to the outside of the tank and in-place tank cars built without a effect at the time of construction. the inside of the metal tank jacket protective coating on the outer surface Because of this, moisture can be whenever a tank is insulated. of the tank shell. The letter sought retained in the void spaces and can On March 5, 1996, a tank car loaded details about this fleet, the shell exacerbate widespread corrosion of the with liquefied petroleum gas (propane) inspections performed on the cars, and, exterior tank shell. Upon review of the catastrophically failed during a if corrosion was present, the efforts information obtained from tank car switching operation at a Consolidated made to repair the cars. Owners who owners and FRA’s own investigation, it Rail Corporation classification yard at had inspected the cars and elected to is FRA’s opinion that widespread Selkirk, New York. The car split in two retire them were asked whether or not exterior shell corrosion and pitting may around its circumference. One end corrosion was a contributing factor in exist on a high number of the
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.063 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18475 approximately 2,307 cars remaining in Appropriate Inspection and Test If you have questions regarding these service of the original 2,800 cars built by Based on the foregoing, I order and inspection requirements, please contact Richmond under the Certificates of require the following inspection and Edward Pritchard (202–493–6247) or Construction listed in Attachment A. test: Brenda Hattery (202–493–6326) of my staff. Regulatory Authority 1. The ‘‘class or design of tank cars’’ subject to this inspection and test Issued in Washington, DC, on September 9, The Hazardous Materials Regulations, requirement is uninspected DOT 1998. specification cars originally built during at 49 CFR 180.509, state in relevant part: George A. Gavalla, the period from January 1, 1972, § 180.509 Requirements for inspection and through December 31, 1982, by Acting Associate Administrator for Safety, test of specification tank cars. Richmond Tank Car Company with Federal Railroad Administration. * * * * * foam-in-place insulation and without a ATTACHMENT A.ÐOWNERS OF (b) Conditions requiring inspection protective tank shell exterior coating. 2. Each car to be inspected under this RECORD OF FOAM-IN-PLACE TANK and test of tank cars. Without regard to order and requirement must have the CARS BUILT UNDER RICHMOND any other periodic inspection and test tank jacket and foam insulation TANK CAR COMPANY'S ORIGINAL requirements, a tank car must have an removed prior to inspection. This CERTIFICATES OF CONSTRUCTION appropriate inspection and test requirement is based on the Manhattan, according to the type of defect and the Illinois, experience, that voids in the Owner of record of cars type of maintenance or repair performed foam insulation and non-adhesion of the Certificate of originally built under the if: foam to the outer tank shell are construction listed certificate of con- * * * * * conditions not reliably detectable by an struction ultrasonic thickness test (UTT). (4) The Associate Administrator for A734030 ...... PLM International, Inc. 3. After the jacket and foam insulation Safety, FRA, requires it based on the A734030A ...... PLM International, Inc. have been removed, the exterior of the existence of probable cause that a tank U S L Capital Rail Services tank shell must be inspected for car or a class or design of tank cars may A734031 ...... PLM International, Inc. corrosion, pitting, and any other be in an unsafe operating condition. A734031A ...... PLM International, Inc. condition that would render the exterior A744000 ...... E.I. Du Pont De Nemours FRA’s Determination and Basis of the tank shell out of compliance with & Co., Inc. the Federal tank car regulations (49 CFR PLM International, Inc. FRA has determined that uninspected part 179 and part 180, Subpart F) or the A754014 ...... General Electric Railcar Richmond-built tank cars originally AAR Tank Car Manual. Services Corporation built with foam-in-place insulation and 4. An ‘‘appropriate inspection and GLNX Corporation without a protective tank shell exterior test’’ required by 49 CFR 180.509(b) is SGA Leasing Company coating constructed under the also subject to the quality assurance Transportation Equipment, Certificates of Construction in program requirements of 49 CFR Inc. Attachment A, may be in an unsafe 180.505 and the reporting requirements U S L Capital Rail Services operating condition. As used in this of 49 CFR 180.517. A754014A ...... PLM International, Inc. A754014B ...... Transportation Equipment, requirement for inspection and test, the 5. In order to ensure tank car safety, FRA finds that the appropriate Inc. word ‘‘uninspected’’ when describing a A754015 ...... GLNX Corporation car means that the car has not had its inspection and test required by this notice must be completed on or before On-Track Railcar Services jacket and foam insulation removed and Corporation that the exterior surface of its tank shell, August 14, 2000. PLM International, Inc. 6. A car found not in compliance with heads, and nozzles have not been A764008 ...... PLM International, Inc. the Federal tank car regulations or the inspected for corrosion and pitting. FRA . AAR Tank Car Manual must be returned bases its determination on the historical A774006 ...... GLNX Corporation to a complying condition before it is PLM International, Inc. record of these cars as set forth in the loaded and offered for shipment. ‘‘Background’’ section of this letter, Transportation Equipment, specifically, the following: (1) The Additional Maintenance Suggestion Inc. Union Tank Car Company significant incidence of shell corrosion The owner of the Selkirk car has A7740066 ...... Transportation Equipment, discovered during the post-December 5, inspected more than 700 sister cars for Inc. 1988 inspections to detect head pad weld overlay defects and cracking A774006C ...... On-Track Railcar Services cracks in Richmond-built foam-in-place associated with weld overlay defects, as Corporation tank cars; (2) the catastrophic failure of well as for exterior shell corrosion. PLM International, Inc. a car from this series at Selkirk, New Although structural cracks and weld Shell Oil Company York, on March 5, 1996, and the data defects have been discovered in the stub A774019 ...... Union Tank Car Company developed from inspections requested sill areas of the tank cars, no tank weld A774020B ...... Exxon Chemical Americas after that accident by both FRA and overlay defects or cracks have been A784002 ...... The Dow Chemical Com- AAR, including the presence of exterior detected on this block of cars. In order pany shell corrosion requiring weld overlay to maintain this assurance of tank car A794001A ...... The Dow Chemical Com- repairs in excess of 25 square feet on 19 safety, FRA believes the possible pany percent of the sample fleet; and (3) the existence of surface and subsurface A794002 ...... General American Trans- portation Corporation July 1997 discovery in Manhattan, weld overlay defects warrants inclusion GLNX Corporation Illinois, of a car from this series with a of non-destructive examination, by a Transportation Equipment, through-wall corrosion pit and the qualified individual using a qualified Inc. October 15, 1997, reporting of the procedure, of any existing weld overlay Union Tank Car Company subsequent discovery of similar repair area prior to the application or A7940026 ...... Transportation Equipment, corrosion on 4 of 11 sister cars. reapplication of a tank jacket. Inc.
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ATTACHMENT A.ÐOWNERS OF Register Notice dated February 8, 1999, Title: Supplementary Training Course RECORD OF FOAM-IN-PLACE TANK ‘‘Over-the-road Bus Accessibility Application. CARS BUILT UNDER RICHMOND Program Grants.’’ That notice stated that OMB Control Number: 2133–0030. TANK CAR COMPANY'S ORIGINAL ‘‘applicants should not incur costs prior to grant approval by FTA.’’ Based upon Type of Request: Extension of a CERTIFICATES OF CONSTRUCTIONÐ comments from representatives of the currently approved collection. Continued over-the-road bus industry, that Affected Public: U.S. Merchant statement is rescinded and the guidance Seamen, both officers and unlicensed Owner of record of cars Certificate of originally built under the is hereby revised: the incremental personnel, and other U.S. citizens construction listed certificate of con- capital cost for adding wheelchair lift employed in other areas of waterborne struction equipment to any new vehicles commerce. delivered on or after June 9, 1998, the Forms(s): MA–823. A794017 ...... C. W. Brooks, Inc. effective date of the Transportation General American Trans- Equity Act for the 21st Century, is Abstract: Section 1305 (a) of the portation Corporation Maritime Education and Training Act of GLNX Corporation eligible for funding under the over-the- road bus accessibility program. In 1980 states that the Secretary may Martin Gas Sales, Inc. provide additional training on maritime Union Tank Car Company addition, the deadline for submitting A794024 ...... The Dow Chemical Com- grant applications to the FTA regional subjects and may make such training pany offices has changed from April 16, 1999 available to the personnel of the A804002 ...... PLM International, Inc. to May 14, 1999. Applicants must merchant marine of the United States Union Tank Car Company comply with all other program guidance and to individuals preparing for a career A804013 ...... Union Carbide Corporation provided in the February 8, 1999 in the merchant marine. In addition, the Union Tank Car Company Federal Register Notice. U.S. Coast Guard (USCG) requires a fire- A804021 ...... Phillips Petroleum Com- fighting certificate for U.S. merchant Issued on: April 8, 1999. pany marine officers pursuant to 46 CFR Union Tank Car Company Gordon J. Linton, 10.205(g) and 10.207(f). This A814004 ...... Union Tank Car Company Administrator. A814007 ...... Union Tank Car Company information collection is necessary for [FR Doc. 99–9305 Filed 4–13–99; 8:45 am] A814007A ...... PLM International, Inc. eligibility assessment, enrollment, A814014A ...... Allied Chemical Company BILLING CODE 4910±57±U attendance verification and recordation. (Allied Corporation) Without this information, the courses F734037 ...... PLM International, Inc. would not be documented for future F764007 ...... Union Tank Car Company DEPARTMENT OF TRANSPORTATION reference by the program or individual F774001 ...... Union Tank Car Company student. This application form is the F774012 ...... Aeropress Corporation Maritime Administration GLNX Corporation only document of record and is used to PLM International, Inc. Reports, Forms and Recordkeeping verify that students have attended the Transportation Equipment, Requirements; Agency Information course. Inc. Collection Activity Under OMB Review Annual Estimated Burden Hours: 100 Union Tank Car Company Hours. F7740126 ...... PLM International, Inc. AGENCY: Maritime Administration, DOT. Transportation Equipment, ACTION: Notice and request for Addressee: Send comments to the Inc. comments. Office of Information and Regulatory F814001 ...... Exxon Chemical Americas Affairs, Office of Management and F814009 ...... PLM International, Inc. SUMMARY: In compliance with the Budget, 725 17th Street, NW, Union Tank Car Company Paperwork Reduction Act of 1995 (44 Washington, DC 20503, Attention F814012 ...... Union Tank Car Company U.S.C. 3501 et seq.), this notice MARAD Desk Officer. F824003 ...... PLM International, Inc. announces that the Information F824003A ...... PLM International, Inc. Comments are Invited on: Whether Collection abstracted below has been the proposed collection of information Issued in Washington, DC, on April 8, 1999 forwarded to the Office of Management and Budget (OMB) for review and is necessary for the proper performance under the authority delegated in 49 CFR 1.49 of the functions of the Department, and under 49 CFR 180.509(b). comment. The nature of the information collection is described as well as its including whether the information will George A. Gavalla, have practical utility; the accuracy of Acting Associate Administrator for Safety. expected burden. The Federal Register Notice with a 60-day comment period the Department’s estimate of the burden [FR Doc. 99–9282 Filed 4–13–99; 8:45 am] soliciting comments on the following of the proposed information collection; BILLING CODE 4910±06±P collection of information was published ways to enhance the quality, utility and on January 26, 1999, [64 FR 3997]. clarity of the information to be collected; and ways to minimize the DATES: Comments must be submitted on DEPARTMENT OF TRANSPORTATION burden of the collection of information or before May 14, 1999. on respondents, including the use of Federal Transit Administration FOR FURTHER INFORMATION CONTACT : automated collection techniques or Christopher Krusa, Office of Maritime Over-the-Road Bus Accessibility other forms of information technology. Labor, Training, and Safety, Maritime A comment to OMB is best assured of AGENCY: Federal Transit Administration, Administration, MAR–250, Room 7302, having its full effect if OMB receives it DOT. 400 Seventh Street, SW, Washington, within 30 days of publication. DC 20590. Telephone 202–366–2648 or ACTION: Program guidance revision, Dated: April 8, 1999. extension of application deadline. FAX 202–493–2288. Copies of this collection can also be obtained from that Joel C. Richard, The Federal Transit Administration office. Secretary, Maritime Administration. provided program guidance and SUPPLEMENTARY INFORMATION: Maritime [FR Doc. 99–9283 Filed 4–13–99; 8:45 am] application procedures in a Federal Administration (MARAD). BILLING CODE 4910±81±P
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DEPARTMENT OF TRANSPORTATION importers who have registered with Additionally, the petitioner states that NHTSA pursuant to 49 CFR Part 592. As non-U.S. certified 1995–1997 Mercedes- National Highway Traffic Safety specified in 49 CFR 593.7, NHTSA Benz E500 passenger cars comply with Administration publishes notice in the Federal Register the Bumper Standard found in 49 CFR [Docket No. NHTSA±99±5495] of each petition that it receives, and Part 581. affords interested persons an Petitioner also contends that the Notice of Receipt of Petition for opportunity to comment on the petition. vehicles are capable of being readily Decision That Nonconforming 1995± At the close of the comment period, altered to meet the following standards, 1997 Mercedes-Benz E500 Passenger NHTSA decides, on the basis of the in the manner indicated: Cars Are Eligible for Importation petition and any comments that it has Standard No. 101 Controls and received, whether the vehicle is eligible Displays: replacement of the entire AGENCY: National Highway Traffic for importation. The agency then instrument cluster with a U.S.-model Safety Administration, DOT. publishes this decision in the Federal component that includes a ACTION: Notice of receipt of petition for Register. speedometer/odometer calibrated in decision that nonconforming 1995–1997 J.K. Motors of Kingsville, Maryland miles per hour and other U.S.-model Mercedes-Benz E500 passenger cars are (‘‘J.K.’’) (Registered Importer 90–006) gauges. eligible for importation. has petitioned NHTSA to decide Standard No. 108 Lamps, Reflective whether 1995–1997 Mercedes-Benz SUMMARY: This notice announces receipt Devices and Associated Equipment: (a) E500 passenger cars are eligible for by the National Highway Traffic Safety installation of U.S.-model headlamps importation into the United States. The Administration (NHTSA) of a petition and front sidemarker lamps; (b) vehicles which J.K. believes are for a decision that 1995–1997 Mercedes- installation of U.S.-model taillamp substantially similar are 1995–1997 Benz E500 passenger cars that were not assemblies which incorporate rear Mercedes-Benz E500 passenger cars that originally manufactured to comply with sidemarker lights; (c) installation of a were manufactured for importation into, all applicable Federal motor vehicle U.S.-model high mounted stop lamp. and sale in, the United States and safety standards are eligible for Standard No. 110 Tire Selection and certified by their manufacturer, Daimler importation into the United States Rims: installation of a tire information Benz, A.G., as conforming to all because (1) they are substantially placard. applicable Federal motor vehicle safety similar to vehicles that were originally Standard No. 111 Rearview Mirror: standards. replacement of the passenger side manufactured for importation into and The petitioner claims that it carefully rearview mirror with a U.S.-model sale in the United States and that were compared non-U.S. certified 1995–1997 component. certified by their manufacturer as Mercedes-Benz E500 passenger cars to complying with the safety standards, their U.S.-certified counterparts, and Standard No. 114 Theft Protection: and (2) they are capable of being readily found the vehicles to be substantially installation of a warning buzzer and a altered to conform to the standards. similar with respect to compliance with warning buzzer microswitch in the DATES: The closing date for comments most Federal motor vehicle safety steering lock assembly. on the petition is May 14, 1999. standards. Standard No. 118 Power Window ADDRESSES: Comments should refer to J.K. submitted information with its Systems: installation of a relay in the the docket number and notice number, petition intended to demonstrate that power window system so that the and be submitted to: Docket non-U.S. certified 1995–1997 Mercedes- window transport is inoperative when Management, Room PL–401, 400 Benz E500 passenger cars, as originally the ignition is switched off. Seventh St., SW, Washington, DC manufactured, conform to many Federal Standard No. 206 Door Locks and 20590. [Docket hours are from 9 am to motor vehicle safety standards in the Door Retention Components: 5 pm]. same manner as their U.S. certified replacement of the rear door locks and FOR FURTHER INFORMATION CONTACT: counterparts, or are capable of being rear door lock buttons with U.S.-model George Entwistle, Office of Vehicle readily altered to conform to those components. Safety Compliance, NHTSA (202–366– standards. Standard No. 208 Occupant Crash 5306). Specifically, the petitioner claims that Protection: (a) installation of a safety SUPPLEMENTARY INFORMATION: non-U.S. certified 1995–1997 Mercedes- belt warning buzzer, wired to the Benz E500 passenger cars are identical driver’s seat belt latch; (b) replacement Background to their U.S. certified counterparts with of the driver’s and passenger’s side air Under 49 U.S.C. 30141(a)(1)(A), a respect to compliance with Standard bags, control units, sensors, seat belts motor vehicle that was not originally Nos. 102 Transmission Shift Lever and knee bolsters with U.S.-model manufactured to conform to all Sequence * * *., 103 Defrosting and components on vehicles that are not applicable Federal motor vehicle safety Defogging Systems, 104 Windshield already so equipped. The petitioner standards shall be refused admission Wiping and Washing Systems, 105 states that the vehicles are equipped at into the United States unless NHTSA Hydraulic Brake Systems, 106 Brake the front and rear outboard seating has decided that the motor vehicle is Hoses, 109 New Pneumatic Tires, 113 positions with combination lap and substantially similar to a motor vehicle Hood Latch Systems, 116 Brake Fluid, shoulder belts that are self tensioning originally manufactured for importation 124 Accelerator Control Systems, 201 and capable of being released by means into and sale in the United States, Occupant Protection in Interior Impact, of a single red push-button, and with a certified under 49 U.S.C. 30115, and of 202 Head Restraints, 204 Steering lap belt in the rear center designated the same model year as the model of the Control Rearward Displacement, 205 seating position. motor vehicle to be compared, and is Glazing Materials, 207 Seating Systems, Standard No. 214 Side Impact capable of being readily altered to 209 Seat Belt Assemblies, 210 Seat Belt Protection: installation of U.S.-model conform to all applicable Federal motor Assembly Anchorages, 212 Windshield doorbars in vehicles that are not already vehicle safety standards. Retention, 216 Roof Crush Resistance, so equipped. Petitions for eligibility decisions may 219 Windshield Zone Intrusion, and 302 301 Fuel System Integrity: inspection be submitted by either manufacturers or Flammability of Interior Materials. of all vehicles to ensure that they are
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.156 pfrm02 PsN: 14APN1 18478 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices equipped with a rollover and check petition for a decision that 1995–1999 importation into the United States. The valve that complies with the standard. Cadillac DeVille passenger cars that vehicles which Champagne believes are Additionally, the petitioner states that were not originally manufactured to substantially similar are 1994–1999 all vehicles will be inspected prior to comply with all applicable Federal Cadillac DeVille passenger cars that importation to assure compliance with motor vehicle safety standards are were manufactured for sale in the the Theft Prevention Standard found in eligible for importation into the United United States and certified by their 49 CFR part 541, and that anti-theft States because (1) they are substantially manufacturer, General Motors devices that meet the standard will be similar to vehicles that were originally Corporation, as conforming to all installed on all vehicles that are not manufactured for sale in the United applicable Federal motor vehicle safety already so equipped. States and that were certified by their standards. The petitioner also states that a manufacturer as complying with the The petitioner claims that it carefully vehicle identification plate must be safety standards, and (2) they are compared non-U.S. certified 1994–1999 affixed to the vehicle near the left capable of being readily altered to Cadillac DeVille passenger cars to their windshield post and a reference and conform to the standards. U.S.-certified counterparts, and found certification label must be affixed in the DATES: The closing date for comments the vehicles to be substantially similar area of the left front door post to meet on the petition is May 14, 1999. with respect to compliance with most the requirements of 49 CFR Part 565. Federal motor vehicle safety standards. ADDRESSES: Comments should refer to Interested persons are invited to Champagne submitted information the docket number and notice number, submit comments on the petition with its petition intended to and be submitted to: Docket described above. Comments should refer demonstrate that non-U.S. certified Management, Room PL–401, 400 to the docket number and be submitted 1994–1999 Cadillac DeVille passenger Seventh St., SW, Washington, DC to: Docket Management, Room PL–401, cars, as originally manufactured, 20590. [Docket hours are from 9 am to 400 Seventh St., SW, Washington, DC conform to many Federal motor vehicle 5 pm]. 20590. [Docket hours are from 9 am to safety standards in the same manner as 5 pm]. It is requested but not required FOR FURTHER INFORMATION CONTACT: their U.S. certified counterparts, or are that 10 copies be submitted. George Entwistle, Office of Vehicle capable of being readily altered to All comments received before the Safety Compliance, NHTSA (202–366– conform to those standards. close of business on the closing date 5306). Specifically, the petitioner claims that indicated above will be considered, and SUPPLEMENTARY INFORMATION: non-U.S. certified 1994–1999 Cadillac DeVille passenger cars are identical to will be available for examination in the Background docket at the above address both before their U.S.-certified counterparts with and after that date. To the extent Under 49 U.S.C. 30141(a)(1)(A), a respect to compliance with Standard possible, comments filed after the motor vehicle that was not originally Nos. 102 Transmission Shift Lever closing date will also be considered. manufactured to conform to all Sequence * * *, 103 Defrosting and Notice of final action on the petition applicable Federal motor vehicle safety Defogging Systems, 104 Windshield will be published in the Federal standards shall be refused admission Wiping and Washing Systems, 105 Register pursuant to the authority into the United States unless NHTSA Hydraulic Brake Systems, 106 Brake indicated below. has decided that the motor vehicle is Hoses, 109 New Pneumatic Tires, 113 substantially similar to a motor vehicle Hood Latch Systems, 116 Brake Fluid, Authority: 49 U.S.C. 30141(a)(1)(A) and originally manufactured for importation (b)(1); 49 CFR 593.8; delegations of authority 124 Accelerator Control Systems, 201 at 49 CFR 1.50 and 501.8. into and sale in the United States, Occupant Protection in Interior Impact, certified under 49 U.S.C. 30115, and of Issued on: April 9, 1999. 202 Head Restraints, 204 Steering the same model year as the model of the Marilynne Jacobs, Control Rearward Displacement, 205 motor vehicle to be compared, and is Glazing Materials, 207 Seating Systems, Director, Office of Vehicle Safety Compliance. capable of being readily altered to 209 Seat Belt Assemblies, 206 Door [FR Doc. 99–9330 Filed 4–13–99; 8:45 am] conform to all applicable Federal motor Locks and Door Retention Components, BILLING CODE 4910±59±P vehicle safety standards. 207 Seating Systems, 209 Seat Belt Petitions for eligibility decisions may Assemblies, 210 Seat Belt Assembly be submitted by either manufacturers or DEPARTMENT OF TRANSPORTATION Anchorages, 212 Windshield Retention, importers who have registered with 216 Roof Crush Resistance, 219 National Highway Traffic Safety NHTSA pursuant to 49 CFR Part 592. As Windshield Zone Intrusion, and 302 Administration specified in 49 CFR 593.7, NHTSA Flammability of Interior Materials. publishes notice in the Federal Register Additionally, the petitioner states that [Docket No. NHTSA±99±5497] of each petition that it receives, and non-U.S. certified 1994–1999 Cadillac affords interested persons an DeVille passenger cars comply with the Notice of Receipt of Petition for opportunity to comment on the petition. Bumper Standard found in 49 CFR part Decision That Nonconforming 1994± At the close of the comment period, 581, and with the Theft Prevention 1999 Cadillac DeVille Passenger Cars NHTSA decides, on the basis of the Standard found in 49 CFR part 541. Are Eligible for Importation petition and any comments that it has Petitioner also contends that the AGENCY: National Highway Traffic received, whether the vehicle is eligible vehicles are capable of being readily Safety Administration, DOT. for importation. The agency then altered to meet the following standards, ACTION: Notice of receipt of petition for publishes this decision in the Federal in the manner indicated: decision that nonconforming 1995–1999 Register. Standard No. 101 Controls and Cadillac DeVille passenger cars are Champagne Imports of Lansdale, Displays: (a) Substitution of a lens eligible for importation. Pennsylvania (‘‘Champagne’’) marked ‘‘Brake’’ for a lens with a (Registered Importer 90–009) has noncomplying symbol on the brake SUMMARY: This document announces petitioned NHTSA to decide whether failure indicator lamp; (b) installation of receipt by the National Highway Traffic non-U.S. certified 1994–1999 Cadillac a seat belt warning lamp that displays Safety Administration (NHTSA) of a DeVille passenger cars are eligible for the appropriate symbol; (c) recalibration
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.157 pfrm02 PsN: 14APN1 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18479 of the speedometer/odometer from described above. Comments should refer ADDRESSES: Comments should refer to kilometers to miles per hour. to the docket number and be submitted the docket number and notice number, Standard No. 108 Lamps, Reflective to: Docket Section, National Highway and be submitted to: Docket Devices and Associated Equipment: (a) Traffic Safety Administration, Room Management, Room PL–401, 400 installation of U.S.-model headlamp 5109, 400 Seventh Street, SW, Seventh St., SW, Washington, DC assemblies that incorporate headlamps Washington, DC 20590. It is requested 20590. [Docket hours are from 9 am to with DOT markings; (b) installation of but not required that 10 copies be 5 pm] U.S.-model front and rear sidemarker/ submitted. FOR FURTHER INFORMATION CONTACT: reflector assemblies; (c) installation of All comments received before the George Entwistle, Office of Vehicle U.S.-model taillamp assemblies; (d) close of business on the closing date Safety Compliance, NHTSA (202–366– installation of a center high mounted indicated above will be considered, and 5306). stop lamp if the vehicle is not already will be available for examination in the SUPPLEMENTARY INFORMATION: so equipped. docket at the above address both before Standard No. 110 Tire Selection and and after that date. To the extent Background Rims: installation of a tire information possible, comments filed after the Under 49 U.S.C. 30141(a)(1)(A), a placard. closing date will also be considered. motor vehicle that was not originally Standard No. 111 Rearview Mirror: Notice of final action on the petition manufactured to conform to all replacement of the passenger side will be published in the Federal applicable Federal motor vehicle safety rearview mirror with a U.S.-model Register pursuant to the authority standards shall be refused admission component. indicated below. Standard No. 114 Theft Protection: into the United States unless NHTSA installation of a warning buzzer Authority: 49 U.S.C. 30141(a)(1)(A) and has decided that the motor vehicle is microswitch in the steering lock (b)(1); 49 CFR 593.8; delegations of authority substantially similar to a motor vehicle at 49 CFR 1.50 and 501.8. assembly and a warning buzzer. originally manufactured for importation Standard No. 118 Power Window Issued on: April 9, 1999. into and sale in the United States, Systems: rewiring of the power window Marilynne Jacobs, certified under 49 U.S.C. 30115, and of system so that the window transport is Director, Office of Vehicle Safety Compliance. the same model year as the model of the inoperative when the ignition is [FR Doc. 99–9331 Filed 4–13–99; 8:45 am] motor vehicle to be compared, and is capable of being readily altered to switched off. BILLING CODE 4910±59±P Standard No. 208 Occupant Crash conform to all applicable Federal motor Protection: (a) installation of a U.S.- vehicle safety standards. model seat belt in the driver’s position, DEPARTMENT OF TRANSPORTATION Petitions for eligibility decisions may or a belt webbing-actuated microswitch be submitted by either manufacturers or inside the driver’s seat belt retractor; (b) National Highway Traffic Safety importers who have registered with installation of an ignition switch- Administration NHTSA pursuant to 49 CFR Part 592. As actuated seat belt warning lamp and specified in 49 CFR 593.7, NHTSA buzzer; (c) replacement of the driver’s [Docket No. NHTSA±99±5496] publishes notice in the Federal Register and passenger’s side air bags and knee of each petition that it receives, and bolsters with U.S.-model components if Notice of Receipt of Petition for affords interested persons an the vehicle is not already so equipped. Decision That Nonconforming 1995± opportunity to comment on the petition. The petitioner states that the vehicles 1999 Mercedes-Benz S600 Passenger At the close of the comment period, are equipped with combination lap and Cars Are Eligible for Importation NHTSA decides, on the basis of the shoulder restraints that adjust by means petition and any comments that it has AGENCY: National Highway Traffic received, whether the vehicle is eligible of an automatic retractor and release by Safety Administration, DOT. means of a single push button at both for importation. The agency then front designated seating positions, with ACTION: Notice of receipt of petition for publishes this decision in the Federal combination lap and shoulder restraints decision that nonconforming 1995–1999 Register. that release by means of a single push Mercedes-Benz S600 passenger cars are Champagne Imports of Lansdale, button at both rear outboard designated eligible for importation. Pennsylvania (‘‘Champagne’’) seating positions, and with a lap belt at (Registered Importer 90–009) has SUMMARY: This document announces the rear center designated seating petitioned NHTSA to decide whether receipt by the National Highway Traffic non-U.S. certified 1995–1999 Mercedes- position. Safety Administration (NHTSA) of a Standard No. 214 Side Impact Benz S600 passenger cars are eligible for petition for a decision that 1995–1999 Protection: installation of reinforcing importation into the United States. The Mercedes-Benz S600 passenger cars that beams if the vehicle is not already so vehicles which Champagne believes are were not originally manufactured to equipped. substantially similar are 1995–1999 Standard No. 301 Fuel System comply with all applicable Federal Mercedes-Benz S600m passenger cars Integrity: installation of a rollover valve motor vehicle safety standards are that were manufactured for importation in the fuel tank vent line between the eligible for importation into the United into, and sale in, the United States and fuel tank and the evaporative emissions States because (1) they are substantially certified by their manufacturer, Daimler collection canister. similar to vehicles that were originally Benz, A.G., as conforming to all The petitioner states that a vehicle manufactured for importation into and applicable Federal motor vehicle safety identification number plate must be sale in the United States and that were standards. affixed to all non-U.S. certified 1994– certified by their manufacturer as The petitioner claims that it carefully 1999 Cadillac DeVille passenger cars to complying with the safety standards, compared non-U.S. certified 1995–1999 meet the requirements of 49 CFR Part and (2) they are capable of being readily Mercedes-Benz S600 passenger cars to 565. altered to conform to the standards. their U.S.-certified counterparts, and Interested persons are invited to DATES: The closing date for comments found the vehicles to be substantially submit comments on the petition on the petition is May 14, 1999. similar with respect to compliance with
VerDate 23-MAR-99 11:02 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\A14AP3.158 pfrm02 PsN: 14APN1 18480 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices most Federal motor vehicle safety stop lamp if the vehicle is not already described above. Comments should refer standards. so equipped. to the docket number and be submitted Champagne submitted information Standard No. 110 Tire Selection and to: Docket Section, National Highway with its petition intended to Rims: installation of a tire information Traffic Safety Administration, Room demonstrate that non-U.S. certified placard. 5109, 400 Seventh Street, SW, 1995–1999 Mercedes-Benz S600 Standard No. 111 Rearview Mirror: Washington, DC 20590. It is requested passenger cars, as originally replacement of the passenger side but not required that 10 copies be manufactured, conform to many Federal rearview mirror with a U.S.-model submitted. motor vehicle safety standards in the component. All comments received before the same manner as their U.S. certified Standard No. 114 Theft Protection: close of business on the closing date counterparts, or are capable of being installation of a warning buzzer indicated above will be considered, and readily altered to conform to those microswitch in the steering lock will be available for examination in the standards. assembly and a warning buzzer. docket at the above address both before Specifically, the petitioner claims that Standard No. 118 Power Window and after that date. To the extent non-U.S. certified 1995–1999 Mercedes- Systems: rewiring of the power window possible, comments filed after the Benz S600 passenger cars are identical system so that the window transport is closing date will also be considered. to their U.S.-certified counterparts with inoperative when the ignition is Notice of final action on the petition respect to compliance with Standard switched off. will be published in the Federal Nos. 102 Transmission Shift Lever Standard No. 206 Door Locks and Register pursuant to the authority Sequence * * *, 103 Defrosting and Door Retention Components: indicated below. Defogging Systems, 104 Windshield replacement of the rear door locks and Authority: 49 U.S.C. 30141(a)(1)(A) and Wiping and Washing Systems, 105 the rear door locking buttons with U.S.- (b)(1); 49 CFR 593.8; delegations of authority Hydraulic Brake Systems, 106 Brake model components. at 49 CFR 1.50 and 501.8. Hoses, 109 New Pneumatic Tires, 113 Standard No. 208 Occupant Crash Issued on: April 9, 1999. Hood Latch Systems, 116 Brake Fluid, Protection: (a) Installation of a U.S.- Marilynne Jacobs, 124 Accelerator Control Systems, 201 model seat belt in the driver’s position, Director, Office of Vehicle Safety Compliance. Occupant Protection in Interior Impact, or a belt webbing-actuated microswitch [FR Doc. 99–9332 Filed 4–13–99; 8:45 am] 202 Head Restraints, 204 Steering inside the driver’s seat belt retractor; (b) Control Rearward Displacement, 205 installation of an ignition switch- BILLING CODE 4910±59±P Glazing Materials, 207 Seating Systems, actuated seat belt warning lamp and 209 Seat Belt Assemblies, 210 Seat Belt buzzer; (c) replacement of the driver’s Assembly Anchorages, 212 Windshield and passenger’s side air bags and knee MORRIS K. UDALL SCHOLARSHIP Retention, 216 Roof Crush Resistance, bolsters with U.S.-model components if AND EXCELLENCE IN NATIONAL 219 Windshield Zone Intrusion, and 302 the vehicle is not already so equipped. ENVIRONMENTAL POLICY Flammability of Interior Materials. The petitioner states that the vehicles FOUNDATIONS Additionally, the petitioner states that are equipped with combination lap and non-U.S. certified 1995–1999 Mercedes- shoulder restraints that adjust by means Sunshine Act Meeting Benz S600 passenger cars comply with of an automatic retractor and release by The Board of Trustees of the Morris K. the Bumper Standard found in 49 CFR means of a single push button at both Udall Scholarship & Excellence in part 581, and with the Theft Prevention front designated seating positions, with National Environmental Policy Standard found in 49 CFR part 541. combination lap and shoulder restraints Foundation will hold a meeting Petitioner also contends that the that release by means of a single push beginning at 9:00 a.m. on Thursday, vehicles are capable of being readily button at both rear outboard designated April 22, 1999 at the offices of the U.S. altered to meet the following standards, seating positions, and with a lap belt at Institute for Environmental Conflict in the manner indicated: the rear center designated seating Resolution, 110 South Church, Ste. Standard No. 101 Controls and position. 3350, Tucson, AZ 85701. Displays: (a) Substitution of a lens Standard No. 214 Side Impact The matters to be considered will marked ‘‘Brake’’ for a lens with a Protection: installation of reinforcing include (1) A report on the U.S. Institute noncomplying symbol on the brake beams if the vehicle is not already so of Environmental Conflict Resolution, failure indicator lamp; (b) installation of equipped. and (2). A report from the Udall Center a seat belt warning lamp that displays Standard No. 301 Fuel System for Studies and Public Policy and (3) the appropriate symbol; (c) recalibration Integrity: installation of a rollover valve Program Reports. The meeting is open to of the speedometer/odometer from in the fuel tank vent line between the the public. kilometers to miles per hour. fuel tank and the evaporative emissions Contact Person for More Information: Standard No. 108 Lamps, Reflective collection canister. Christopher L. Helms, 110 South Devices and Associated Equipment: (a) The petitioner states that a vehicle Church, Ste. 3350, Tucson, Arizona Installation of U.S.-model headlamp identification number plate must be 85701. Telephone (520) 670–5608. assemblies that incorporate headlamps affixed to all non-U.S. certified 1995– with DOT markings; (b) installation of 1999 Mercedes-Benz S600 passenger Dated this 9th day of April, 1999. U.S.-model front and rear sidemarker/ cars to meet the requirements of 49 CFR Christopher L. Helms, reflector assemblies; (c) installation of Part 565. Director. U.S.-model taillamp assemblies; (d) Interested persons are invited to [FR Doc. 99–9380 Filed 4–12–99; 12:05 pm] installation of a center high mounted submit comments on the petition BILLING CODE 6820±FN±M
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Corrections Federal Register Vol. 64, No. 71
Wednesday, April 14, 1999
This section of the FEDERAL REGISTER 752.7005 [Corrected] Canada, SEC No-Action Letter (Mar. 4, contains editorial corrections of previously 3. On page 5010, in th second column, 1996); Touche Remnant & Co., SEC No.- published Presidential, Rule, Proposed Rule, in 752.7005, in paragraph (b)(2)(iv) of Action Letter (Aug. 27, 1984). Given the and Notice documents. These corrections are the clause, in the fifth line, ‘‘format’’ large number of Canadian/U.S. prepared by the Office of the Federal should read ‘‘Format’’. Participants, it is unlikely that a Register. Agency prepared corrections are issued as signed documents and appear in [FR Doc. C9–2032 Filed 4–13–99; 8:45 am] Candadian fund could sell securities to the appropriate document categories BILLING CODE 1505±01±D Canadian retirement accounts of elsewhere in the issue. Canadian/U.S. Participants without exceeding the limit of 100 U.S. SECURITIES AND EXCHANGE beneficial owners.’’ should be removed COMMISSION and placed above footnote 11. INTERNATIONAL DEVELOPMENT [FR Doc. C9–7237 Filed 4–13–99; 8:45 am] COOPERATION AGENCY 17 CFR Parts 230, 240 and 270 BILLING CODE 1505±01±D U.S. Agency For International [Release Nos. 33-7656, 34-41189, IC-23745; Development File No. S7-10-99; International Series Release No. 1188] DEPARTMENT OF TRANSPORTATION 48 CFR Parts 722, 732 and 752 RIN 3235-AH32 Federal Aviation Administration Offer and Sale of Securities to [AIDAR Notice 98±3] 14 CFR Part 71 Canadian Tax-Deferred Retirement RIN 0412±AA39 Savings Accounts [Airspace Docket No. 99±AGL±20] Correction Miscellaneous Amendments to Proposed Establishment of Class E Acquisition Regulations In proposed rule document 99–7237, beginning on page 14648, in the issue of Airspace; De Kalb, IL Correction Friday, March 26, 1999, make the Correction In rule document 99–2032 beginning following correction: In proposed rule document 99–8246, on page 5005, in the issue of Tuesday, On page 14649, in the second and beginning on page 16370, in the issue of February 2, 1999, make the following third columns, the text ‘‘The Monday April 5, 1999, make the corrections: Commission and its staff have interpreted section 7(d) to generally following correction: 722.805±70 [Corrected] prohibit a foreign fund from making a § 71.1 [Corrected] 1. On page 5007, in the third column, U.S. private offering if that offering in 722.805–70(e), in the fourth line, would cause the securities of the fund On page 16371, in the second column, ‘‘the’’ should read ‘‘that’’. to be beneficially owned by more than in § 71.1, under the heading AGL IL E5 100 U.S. residents. See Resale of De Kalb IL [New], in the second line, 732.406±73 [Corrected] Restricted Securities, Securities Act ‘‘Lat. 41° 42′ 30′′W’’ should read ‘‘Lat. 2. On page 5008, in the second Release No. 6862 (Apr. 23, 1990) [55 FR 41° 55′ 55′′N., Long. 88° 42′ 30′′W’’. column, in 732.406–73(b), in the first 17933 (Apr. 30, 1990)] at text following [FR Doc. C9–8246 Filed 4–13–99; 8:45 am] line, ‘‘offices’’ should read ‘‘officers’’. n.64; Investment Funds Institute of BILLING CODE 1505±01±D
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DEPARTMENT OF HEALTH AND C. Paperwork Reduction Act child, the family, and society; and the HUMAN SERVICES D. Unfunded Mandates Reform Act of negative consequences of raising 1995 children in single-parent homes. Administration for Children and E. Congressional Review Congressional concern is also Families reflected in the goals of the TANF I. The Personal Responsibility and program and the inclusion of a 45 CFR Part 283 Work Opportunity Reconciliation Act performance bonus entitled ‘‘Bonus to RIN 0970±AB79 On August 22, 1996, President Reward Decrease in Illegitimacy Ratio.’’ Clinton signed ‘‘The Personal One purpose of the TANF program, as Implementation of Section 403(a)(2) of Responsibility and Work Opportunity stated in section 401(a)(3) of the Social Social Security Act; Bonus To Reward Reconciliation Act of 1996’’—or Security Act, is to ‘‘prevent and reduce Decrease in Illegitimacy Ratio PRWORA—into law. The first title of the incidence of out-of-wedlock this law (Pub.L. 104–193) established a pregnancies and establish annual AGENCY: Administration for Children comprehensive welfare reform program numerical goals for preventing and and Families, HHS. designed to change the nation’s welfare reducing the incidence of these ACTION: Final rule system dramatically. The program is pregnancies.’’ In enacting the bonus called Temporary Assistance for Needy provision, Congress intended to provide SUMMARY: The Administration for Families, or TANF, in recognition of its greater impetus to State efforts in this Children and Families is issuing a final focus on moving recipients into work area and encourage State creativity in rule describing how we will award a and time-limited assistance. developing effective solutions. bonus to those States that experience PRWORA repealed the prior welfare the largest decreases in out-of-wedlock B. Summary of the Bonus Award program known as Aid to Families with childbearing and also reduce their Process Dependent Children (AFDC), which abortion rates. The total amount of the provided cash assistance to needy This final rule implements section bonus will be up to $100 million in each families on an entitlement basis. It also 403(a)(2) of the Social Security Act (the of fiscal years 1999 through 2002, and repealed the related programs known as Act), ‘‘Bonus to Reward Decrease in the award for each eligible State in a the Job Opportunities and Basic Skills Illegitimacy Ratio.’’ In this final rule, we given year will be $25 million or less. Training program (JOBS) and use the term ‘‘bonus’’ to refer to the This incentive provision is a part of Emergency Assistance (EA). bonus in section 403(a)(2) of the Act. the welfare reform block grant program The TANF program went into effect We use the term ‘‘ratio’’ to refer to the enacted in 1996—the Temporary on July 1, 1997, except in States that ratio of out-of-wedlock births to total Assistance for Needy Families, or elected to submit a complete plan and births. TANF, program. implement the program at an earlier As specified in section 403(a)(2) of the DATES: This regulation is effective June date. It challenges Federal, State, Tribal Act, we will award up to $100 million 14, 1999. and local governments to foster positive annually, in each of fiscal years 1999 FOR FURTHER INFORMATION CONTACT: changes in the culture of the welfare through 2002. The amount of the bonus Kelleen Kaye, Senior Program Analyst, system and to take more responsibility for each eligible State in a given year Office of the Assistant Secretary for for program results and outcomes. will be $25 million or less. For the Planning and Evaluation, at (202) 401– It also gives States the authority to use purposes of this award, States include 6634; or Ken Maniha, Senior Program Federal welfare funds ‘‘in any manner the 50 States of the United States, the Analyst, Administration for Children that is reasonably calculated to District of Columbia, the and Families, at (202) 401–5372. accomplish the purpose’’ of the new Commonwealth of Puerto Rico, Guam, Deaf and hearing-impaired program (see Legislative History below). the United States Virgin Islands, and individuals may call the Federal Dual It provides them broad flexibility to set American Samoa. While the criteria for Party Relay Service at 1–800–877–8339 eligibility rules and decide what determining bonus eligibility for Guam, between 8:00 a.m. and 7:00 p.m. Eastern benefits are most appropriate, and it the Virgin Islands, and American Samoa time. offers States an opportunity to try new, are the same as for the remaining States, SUPPLEMENTARY INFORMATION: far-reaching ideas so they can respond their eligibility is determined separately and the determination of their bonus Table of Contents more effectively to the needs of families within their own unique environments. amount is different, as specified in the I. The Personal Responsibility and Work statute in sections 403(a)(2)(B)(ii) Opportunity Reconciliation Act II. The Bonus Award (Amount of Grant) and 403(a)(2)(C)(i)(I) II. The Bonus Award A. Legislative History (definition of eligible State). A. Legislative History Briefly, we will award the bonus as B. Summary of the Bonus Award One of the greatest concerns of follows: Process Congress in passing the PRWORA was • We will calculate the ratio of out- III. Development of the Final Rule the negative effect of out-of-wedlock of-wedlock births to total births for each A. Consultations births. This concern is reflected in the State for the most recent two-year B. Regulatory Reform Congressional findings at section 101 of period for which data are available and C. Notice of Proposed Rulemaking PRWORA. Here, Congress described the for the prior two-year period. To D. Section-by-Section Discussion of need to address issues relating to compute these ratios, we will use the the Final Rule marriage, the stability of families, and vital statistics data compiled annually E. Response to Comments that Were the promotion of responsible fatherhood by the National Center for Health Outside the Scope of this Final Rule and motherhood. The issues cited were: Statistics and based on records IV. Departmental Activities Related to the increasing number of children submitted by the States. Out-of-Wedlock Births receiving public assistance; the • For States other than Guam, the V. Regulatory Impact Analyses increasing number of out-of-wedlock Virgin Islands, and American Samoa, A. Executive Order 12866 births; the negative consequences of an we will identify the five States that had B. Regulatory Flexibility Analysis out-of-wedlock birth to the mother, the the largest proportionate decrease in
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They urged increased which jurisdictions had a comparable Related to This Section.’’ We also have attention to and recommended that we decrease in their ratios (i.e., a decrease exercised some editorial discretion to place additional requirements on the at least as large as the smallest decrease make the discussion more succinct or collection of abortion data. They also among the other qualifying States or a clearer in places. However, where we urged greater Departmental involvement decrease that ranks among the top five made significant changes in the to prevent, for example, actions that decreases when all States and preamble material or the regulatory text, might restrict access to abortion. Several Territories are ranked together). These the preamble explains these changes. commenters recommended specific additional States will also be potentially steps the Department might take to help eligible. C. Notice of Proposed Rulemaking assure that the bonus award was not • We will notify the potentially On March 2, 1998, the Administration based on a State’s legislation or policies eligible States that, to be considered for for Children and Families published a to restrict abortion services. They also the bonus, they need to submit data and Notice of Proposed Rulemaking (NPRM) recommended ways in which the information on the number of abortions to implement section 403(a)(2) of the Department might use this bonus award performed in their State for the most Act. We provided a 60-day comment process to evaluate out-of-wedlock and recent year and for 1995. period which ended on May 1, 1998 (63 • teen pregnancy prevention programs, We will determine which of the FR 10264). improve the quality of the abortion data, potentially eligible States also We offered those interested the and disseminate information on best experienced a decrease in their rate of opportunity to submit comments either practices. abortions (defined for the purposes of by mail or electronically via our Web We appreciate the thoughtful and this bonus to be ratio of the abortions to site. Several commenters took advantage policy-focused comments we received live births) for the most recent calendar of the electronic access, but we received and have seriously considered all year compared to 1995, the base year most comments by mail. concerns and recommendations. We specified in the Act. These States will In addition, we held a briefing on the have made several changes in the final receive a bonus award. provisions of the NPRM for interested rule based on the comments. We will III. Development of the Final Rule organizations and entities on March 12, discuss all comments below. Briefly, 1998. The purpose of the briefing was to however, we have: A. Consultations answer questions on the NPRM and • Revised the definition of ‘‘abortion’’ In the spirit of both regulatory reform provide clarifying information. to exclude spontaneous abortions; and PRWORA, we implemented a broad We received 17 letters commenting on • Specified that if a State changes its consultation strategy prior to the the NPRM from five States, one local methodology for the collection of drafting of all proposed regulations for government agency, one State legislator, abortion data, it must describe the the TANF program, including this one national organization representing nature of the change and submit this bonus provision. We discussed major State interests, seven national nonprofit explanatory information along with the issues related to the proposed research and advocacy organizations, number of abortions performed after rulemaking with outside parties at and three individuals. (One letter was adjusting for these changes; several meetings. We spoke with a signed by two national organizations.) • For changes in the collection of data number of different audiences including In general, the comments expressed on out-of-wedlock births implemented representatives of State and local qualified approval for our proposed prior to 1998, reduced the period of government, State TANF agencies, approach to this highly technical time States have to submit this national advocacy organizations, and statutory provision. Some commenters information from one year following data collection experts. These recognized that we were constrained by publication of the final rule to 60 days consultations were helpful to us in the statute in developing the NPRM, following publication of the final rule; identifying key issues and evaluating but, within those limitations, • Clarified the time limit on the policy options. commended our approach for ‘‘in some expenditure of the bonus award funds; instances, minimizing the potential • Clarified the scope of the activities B. Regulatory Reform problems posed by the bonus.’’ Other and services that may be funded using In its latest Document Drafting commenters supported specific aspects bonus award funds and the limitations Handbook, the Office of the Federal of the NPRM, such as: on the use of these funds; Register supports the efforts of the • The proposed use of existing data • Clarified that, for Puerto Rico, National Performance Review (now the (no new data collection requirements); Guam, the Virgin Islands, and American National Partnership for Reinventing • Not ranking States based on their Samoa, bonus award funds are not Government) to encourage Federal abortion data; subject to the mandatory funding agencies to produce more reader- • Our stated preference for residence ceilings established in section 1108(c)(4) friendly regulations and regulations data on abortions while proposing to of the Act. (Section 1108(c)(4) limits the written in plain language. In drafting accept either occurrence or residence total amount of TANF block grant this final rule, we have paid close data; funding for these jurisdictions.) attention to this guidance. Individuals • Recognizing the differences in the We were not able to accept who are familiar with prior welfare States’ methods of collecting data on recommendations that were inconsistent regulations should notice that this abortions and providing for State with the statute or our regulatory package incorporates a distinctly changes in State methodology; and authority. Examples of these different, more readable style. • Designing a process which would recommendations included: In the spirit of facilitating allow all States to compete for the • That we design a process to ensure understanding, we have included some bonus, if they so choose. that five States (other than Guam, the
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Virgin Islands, and American Samoa) recent two-year period for which birth are available would be calendar year would receive bonus awards annually; data are available’’ as variable across 1997. The commenter recommended • That States that do not collect States. This commenter recommended that we change the definition to read: abortion data be allowed to submit that we measure potential State ‘‘the year that is no later than two abortion data based on a sub-state eligibility for the bonus based on calendar years prior to the current population such as Medicaid recipients; identical time periods across States. calendar year.’’ The commenter believed • That we require States to submit Response: We agree that the that if more timely data were available, information on the policy measures they determination of eligibility will be States should be allowed to use these followed to lower their out-of-wedlock based on birth data for an identical time data, particularly if the data would have births; and period across States. We have clarified a positive effect on the State’s eligibility • That, when determining eligibility, the definition of ‘‘most recent two-year for the bonus, since the data would not we discount changes in abortion that period for which birth data are affect another State’s eligibility. result from changes in availability of available’’ to indicate that this will be Response: The definition stated in the abortion services. the most recent period for which the NPRM bases eligibility on reasonably These and other comments and National Center for Health Statistics current abortion data gathered for a recommendations will be discussed (NCHS) has released final birth data by consistent time period. While States do below. State. Final data released by NCHS not compete directly with respect to covers the same year for all reporting their abortion measures, it is important D. Section-By-Section Discussion of the States, as noted in the NPRM. to define this period consistently. If Final Rule Comment: One commenter objected to each State were to use their most recent Section 283.1 What Does This Part this same definition on different year of abortion data, eligibility could be Cover? grounds. In the NPRM, we said in the affected not only by changes in the preamble discussion to § 283.4 that in abortion rate but also by changes in the This section of the NPRM provided a bonus year 1999, we would likely State’s decision regarding when to summary of the content of part 283 compare births in calendar years 1996 release the next year of data, which is covering how we would determine and 1997 to births in years 1994 and not the intent of the bonus provision. which States qualify for the bonus 1995. The commenter believed that this The final rule was not changed with award, what data we would use to make would not provide a fair comparison respect to this comment. this determination, and how we would among States, particularly those States Comment: One commenter objected to determine the amount of the award. that had implemented programs to the definition of ‘‘number of out-of- We received no specific comments on reduce out-of-wedlock births since wedlock births’’ and ‘‘number of total and have made no changes in this enactment of PRWORA. The commenter births’’ because she interpreted the section. also believed that it did not make sense definitions to mean the number of births Section 283.2 What Definitions Apply to to compare years prior to enactment of occurring in the State. The commenter This Part? the TANF program and suggested that recommended that the number of births we use more recent birth data that be measured according to the state of This section of the NPRM proposed would reflect recent State efforts to residence rather than the state of definitions of the terms used in part reduce out-of-wedlock births, delaying occurrence. 283. Some of these definitions assigned the bonus award if necessary. Response: We agree that the number a one-word term to represent a Response: We recognize the of out-of-wedlock and total births will frequently used phrase. For example, importance of basing the bonus on the be measured according to state of ‘‘bonus’’ is defined to mean the Bonus most recent data available and residence rather than state of to Reward Decrease in Illegitimacy Ratio incorporating data that reflect State occurrence, and the definitions authorized under section 403(a)(2) of efforts to reduce out-of-wedlock proposed in the NPRM for out-of- the Act. Other definitions add clarity childbearing. The rule clearly states that wedlock and total births already reflect and precision to key technical terms. eligibility will be based on the most this. Therefore, no changes were needed For example, we defined the ‘‘most recent data released by NCHS. In all but in the final rule. We retained the two recent year for which abortion data are the first bonus year, eligibility will pertinent definitions proposed in the available’’ as the year that is two likely be based on data that reflect post- NPRM as follows: calendar years prior to the current TANF outcomes. For example, in the ‘‘Number of out-of-wedlock births for calendar year. first bonus year, FY 1999, we will base the State’’ means the final number of We received several comments awards on a data period including 1997; births occurring outside of marriage to relating to definitions in this part. These awards in FY 2000 will reflect data for residents of the State, as reported in comments referred to definitions for 1998. NCHS vital statistics data. ‘‘Number of ‘‘abortion,’’ ‘‘most recent period for However, after carefully considering total births for the State’’ means the which birth data are available,’’ most this matter, we have determined that the final total number of live births to recent year for which abortion data are Department must obligate the first-year residents of the State, as reported in available,’’ and ‘‘number of out-of- bonus funds in fiscal year 1999, and NCHS vital statistics data. wedlock births.’’ therefore determination of eligibility in Comment: One commenter the first year cannot be delayed beyond Section 283.3 What Steps Will We recommended that we modify the fiscal year 1999. Follow to Award the Bonus? definition of ‘‘abortion’’ to make clear Comment: One commenter objected to This section of the NPRM described that spontaneous abortions, i.e., the definition of ‘‘most recent year for the process we proposed to follow for miscarriages, are not included in this which abortion data are available.’’ The identifying which States would be definition. NPRM defined this term as ‘‘the year eligible for the bonus and what the Response: We agree and have revised that is two calendar years prior to the amount of the bonus would be. This the definition accordingly. current calendar year.’’ We provided the process was based on the definition of Comment: One commenter example that in calendar year 1999, the ‘‘eligible State’’ in section interpreted the definition of ‘‘most most recent year for which abortion data 403(a)(2)(C)(i)(I). This definition
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We proposed that is not among the top five States and content of the U.S. Standard to base the bonus award on birth and would not meet the definition of Certificate of Live Birth. The States abortion data for the State population as eligibility stated in the Act, and the Act process all of their birth records and a whole, not on data for TANF clearly provides for the possibility that send their files to NCHS in electronic recipients or other sub-state fewer than five States will receive the form in a standard format. The mother populations. bonus. We did not change the final rule of the child or other informant provides We received several comments in with respect to this comment. the demographic information on the support of the general process for Comment: Another comment that did birth certificate. awarding the bonus. Commenters not directly reference § 283.3 but is We chose vital statistics data to supported the two-year comparison related most closely to this section, measure births because we viewed them period for State birth data. They also recommended that the final rule include as the most reliable and standard data supported the use of NCHS data on an appeals process for those States that available across States. Also, using vital births because it avoids duplicate State did not qualify for the bonus. statistics data from NCHS will allow us data collection and allows the bonus to Response: We recognize the to measure the same years for all States be awarded based on statistics similar importance of awarding the bonus and will give States a reasonable and for all States. Commenters also fairly. To accomplish this, the final rule standard time frame in which to submit supported the use of the proportionate bases eligibility on widely accepted and the data. This is particularly important ratio method in ranking States based on standard measures of births and clearly for birth data because we will rank birth data because it allows States to describes the objective criteria we will States on their decreases in the ratio compete on a more level playing field, follow in ranking and identifying those regardless of population size or previous States with the largest decrease in the based on these data. decreases in out-of-wedlock birth ratios. ratio of out-of-wedlock to total births. We also determined that obtaining We also received several comments The final rule also clearly defines what these data directly from NCHS rather expressing concerns related to this abortion data the State must submit to than from the individual States will section. These included comments be eligible for the bonus and assigns to avoid a duplicate information collection regarding the determination of the States the responsibility of activity and will be less burdensome for eligibility for Guam, American Samoa collecting those data and calculating the States and for us. In most cases, and the Virgin Islands, comments any necessary adjustment. Because States will not need to provide any new regarding the number of potentially eligibility is based on nondiscretionary, data or information related to births eligible States, and comments that the objective criteria and data that are beyond what they already submit to final rule should include an appeals largely submitted by the States, we do NCHS. process for those who do not receive the not believe an appeals process is As specified in section 403(a)(2) of the bonus. appropriate. Act, once we have identified the Comment: One commenter questioned Therefore, the final rule does not potentially eligible States with the our preamble discussion on how the provide for an appeals process and no largest decreases in their ratios, we will bonus for Guam, the Virgin Islands, and changes to the final rule were made notify those States that, to be considered American Samoa would be computed with respect to this comment. While for eligibility for the bonus award, they and recommended that the process for section 410 of the Act does provide for must submit the necessary data on the making awards to these jurisdictions be an appeals process, this section applies number of abortions for both 1995 and the same as for other States. only to adverse actions such as the the most recent year as well as Response: We agree that, for these imposition of penalties and does not information on any adjustment to these jurisdictions, the criteria for how bonus apply to bonus awards. data. eligibility will be determined is the Finally, we have made editorial There is no need for all States to same as for other States, and we have changes for clarity. clarified this in paragraph (a)(3). It is submit data on abortions, based on the only the amount of the award that will Additional Information Related to This definition of ‘‘eligible State’’ in section be different. Section 403(a)(2)(C)(i)(I). A State cannot qualify Comment: One commenter This final rule places no mandates on for the bonus unless it is among the top recommended that the Department States with respect to data collection. five with the largest decrease in the ratio design a process that would ensure that Competition for the bonus is entirely of live out-of-wedlock to total births (or the maximum number of States (five voluntary. Also, where possible, this it is one of the previously mentioned other than Guam, American Samoa and final rule uses existing data sources or territories and has a comparable the Virgin Islands) receive a bonus each data that are the least burdensome to decrease). year. They suggested informing more collect and report. Even if some potentially eligible than just five States (e.g., between 7–10 When calculating decreases in the States later become ineligible based on States) that they were potentially ratios of out-of-wedlock to total births, their abortion data, all States that were eligible for the bonus based on their we will use the NCHS vital statistics previously ineligible based on their birth data. Among this larger group of data for total births and out-of-wedlock birth data remain ineligible. Therefore, potentially eligible States, even if some births, which are based on data one State’s abortion rate does not affect States were not eligible based on their submitted by the States. Vital statistics whether another State qualifies. Thus, abortion data, DHHS would still be able data include information on virtually all while abortion data affects whether an to identify five eligible States. births occurring in the United States individual State receives the bonus, Response: Section 403(a)(2)(C)(i)(I) of and are already reported by State Health competition among States for the bonus the Act clearly indicates that an eligible Departments to NCHS through the Vital depends on the birth data.
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Section 283.4 If a State Wants To Be examine all information submitted with authority to require such information Considered for Bonus Eligibility, What respect to this requirement to ensure from States, or to make bonus eligibility Birth Data Must It Submit? that it is statistically valid. contingent on this information. In Comment: Two commenters believed This section of the NPRM described addition, efforts initiated by States to that the final rule should require States in more detail what birth data a State reduce out-of-wedlock births may be, seeking the bonus to submit information must have submitted to NCHS for each but are not necessarily, ‘‘programs regarding the policies they undertook to year in the calculation period as a first funded under TANF.’’ reduce their out-of-wedlock births, and step in qualifying for the bonus. This that we should evaluate these efforts In addition, after reviewing the section also described what the State and disseminate the findings. The language of the NPRM, we have made must do if it changed its methodology commenters cited sections 413(a) two changes in paragraph § 283.4(b) of for collecting or reporting birth data, (research) and 413(c) (dissemination) of the final rule. The first change gives i.e., the method for determining marital the Act in support of this suggestion. States greater flexibility regarding the status at the time of birth. They believed that without such information they submit with respect to Several commenters agreed with the information, the Federal government changes in methodology for collecting proposed approach in this section. They might award significant sums of money birth data. In paragraph (b)(2) of the were pleased that we proposed to rely without learning sufficiently about NPRM, we proposed that, in a year on statistics already submitted by States. effective practices to lower out-of- when a State changed its methodology They also were pleased that we wedlock births. Another commenter for collecting birth data, the State must recognized that some States may have expressed the importance of learning generate an alternative number of out- changed (or may plan to change) their from best practices regarding reduction of-wedlock births based on a consistent methodology or classification in unintended pregnancies and out-of- methodology for the year of the change procedures for collecting out-of-wedlock wedlock births, but did not recommend and the previous year. In the final rule, birth data and agreed with our proposed that such information be required as States for which NCHS agrees it would approach that would allow those States part of this final rule. be technically infeasible to produce the to be eligible to compete for the bonus. Response: We recognize the alternative number would have the However, commenters also expressed importance of disseminating option of accepting an NCHS estimate of several concerns. information on effective practices the alternative number. We made this Comment: One commenter was regarding efforts to reduce out-of- change based on our identification of concerned that the NPRM included no wedlock births and unintended standards by which NCHS ‘‘must fairly several complexities regarding the pregnancies, and the Department has changes in birth data collection that evaluate the adjustment methods used made it a priority to continue by a State which had changed its have occurred. This change reflects our facilitating the collection, review, and efforts to be accommodating of technical reporting methodology’’ for birth data. dissemination of this information in the They suggested that the final rule clarify difficulties that States might face, while future. We will build on our existing maintaining an award process that is these standards in order to assure fair efforts described in section IV of the fair and methodologically sound. and consistent review of the additional preamble, ‘‘Departmental Activities Because NCHS will evaluate all information submitted by a State. Related to Out-of-Wedlock Births’’ and information submitted by States to Response: We recognize the explore further ways to disseminate importance of fairly adjusting for information on State best practices and ensure it is methodologically valid, we changes in data collection. The NPRM winning strategies. The final rule was strongly encourage States to work with proposed in § 283.4(b) that if a State not changed to reflect our research and NCHS as they respond to this eligibility changed its data collection methodology dissemination efforts because they are criterion. Paragraphs (b)(2) and (3) regarding nonmarital births, it would beyond the scope of section 403(a)(2) of reflect this change. have to submit additional detailed the Act, to which this final rule The second change affects when information regarding this change, in pertains. information must be submitted to NCHS addition to submitting the number of Also, the final rule does not require on changes in a State’s methodology for out-of-wedlock and total births. This States to submit information on the collecting birth data. Paragraph (b)(4) of information included an alternative policies they undertook to reduce out- the NPRM proposed that States must calculation showing, to the greatest of-wedlock births because such a submit documentation on such changes extent possible, what the number of out- requirement would be inconsistent with made prior to 1998 and prior to the of-wedlock births would have been the eligibility requirements specified in publication of the final rule within one under the prior methodology, section 403(a)(2) of the Act. The Act year of publication of the final rule. documentation of the changes in data specifies that if a State is among the top collection methodology, and how it five States with the largest decrease in In the final rule, we have reduced this determined the alternative number. its ratio of out-of-wedlock to total births time period to two months for changes In the preamble we stated that NCHS and its abortion rate is lower than the pertaining to 1997 or earlier years. would then calculate an adjustment rate in 1995, they are eligible for the Information pertaining to changes in factor based on this information. NCHS bonus. This definition does not provide data for 1998 or later years will not be has extensive expertise in working with for making eligibility contingent on due until the end of calendar year 1999 the State vital statistics data and supplying information regarding or the deadline that normally applies to working with States regarding the policies aimed at reducing out-of- the State’s submission of vital statistics collection of these data. wedlock births. data for that year, whichever is later. Specifying in greater detail how Sections 413(a) and 413(c) of the Act This changes reflects a balance between NCHS will calculate the adjustment is direct the Secretary to conduct research our need to base the 1999 award on not feasible until more specific on ‘‘the benefits, effects and costs of timely information and our efforts to information is available regarding the State programs funded under [TANF]’’ allow States as much time as possible to actual changes a State might make in and disseminate information. However, submit the required information. This data collection. However, NCHS will these sections do not give us the change is reflected in paragraph (b)(4).
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Additional Information Related to This comments were addressed in a prior commenters recommended that the final Section section of the preamble. rule should require States to count out- We have made only editorial changes As specified in section of-state abortions obtained by their in the final rule for clarity. 403(a)(2)(C)(i)(I)(aa) of the Act, the residents as well. Some commenters believed that these changes were the calculation period for each bonus year Section 283.6 If a State Wants To Be only method to assure fairness, while covers four years, i.e., the most recent Considered for Bonus Eligibility, What other commenters believed these two calendar years for which NCHS has Data on Abortions Must It Submit? changes would reduce the unintended final data and the prior two calendar This section of the NPRM described consequences that the bonus may have years. Consider the hypothetical the data that a potentially eligible State regarding the availability of abortion example where bonus eligibility is being also must submit on abortions in order services. determined in July of 1999 and the most to qualify for the bonus. As noted above, Response: We recognize the value of recent year for which NCHS has final only those States that are potentially using abortion data based on state of data for all reporting States is 1997. In eligible based on their ratios of out-of- residence and the final rule continues to this example, the calculation period wedlock to total births would need to emphasize this as the preferred would be calendar years 1997, 1996, submit abortion data in each year. Other measure. However, the final rule does 1995, and 1994. States cannot be eligible and, therefore, not require data based on state of If a State did not change its method do not need to submit abortion residence because numerous States did for determining marital status at any numbers. not have data based on state of time during the calculation period, it We received a number of comments in residence for the base year of 1995 and, will not need to submit any additional support of various provisions of this therefore, would have no opportunity to information beyond the information section. Various commenters supported: compete for the bonus. In addition, we submitted to the NCHS as part of the • The proposal to review State also did not accept the recommendation vital statistics program. States must abortion data only for those States with that a potentially eligible State obtain have submitted these vital statistics files a decrease in out-of-wedlock births large data from other States on abortions for each year in the calculation period. enough to make them potentially obtained by its residents in other States. NCHS will use these data to tabulate the eligible; This is because the degree to which number of total and out-of-wedlock • The proposal that States will not be neighboring States will have births occurring to residents of each ranked according to their abortion data; information on state of residence for State. • The 60-day time period to report abortions will vary across States, and While the determination of marital abortion data after a State is notified because we have no authority to require status at the time of birth is fairly that it is potentially eligible; all States to report this information. The standard across States, there is some • The approach in the NPRM which final rule was not changed with respect variation. Most States use a direct gave States flexibility to change their to these comments. question on marital status, while a few abortion data collection methodology Comment: One commenter urged that, infer marital status based on various over time and provide appropriately for a State that does not have mandatory pieces of information. adjusted data to account for the change; statewide reporting of abortion data and Section 403(a)(2)(C)(i)(II)(aa) of the • The proposal that abortion data does not collect abortion statistics, the Act requires us to disregard changes in based on state of residence is preferred, final rule permit such a State to report a State’s birth data due to changed but that States have flexibility to submit less than total population data, e.g., reporting methods. Examples of such data based on either state of residence abortion data on the title XIX (Medicaid) changes in data collection include or state of occurrence; and population. replacing an inferential procedure with • The proposal that the responsibility Response: Section 403(a)(2) of the Act a direct question on marital status, or for certifying the validity of abortion clearly indicates that eligibility shall be changing the data items from which data lies with the Offices of the based on the number of abortions marital status is inferred. Governors and that ACF would not performed in the State and does not Accordingly, if a State implemented conduct further review or analysis of the provide for a measure based on other changes that affected its data on out-of- data. more narrowly defined populations. We wedlock births for the calculation We also received several comments did not change the final rule with period, the State must provide recommending changes in this section respect to this comment. additional information to NCHS as of the final rule. These include Comment: One commenter observed specified in § 283.4. This additional recommendations that state of residence that NCHS, through its Vital Statistics information is necessary only if a State data be required, that abortion data Cooperative Program, previously chooses to be considered for the bonus. should not be required to cover the supported abortion data collection by It is not required as part of the Vital entire State population, that States grants to 14 States, and that the funding Statistics Cooperative Program. should be allowed to adjust 1995 support was discontinued in the abortion data, and that there should be commenter’s State during 1994. The Section 283.5 How Will We Use These more Federal oversight regarding commenter observed that this cessation Birth Data to Determine Bonus abortion data. in funding caused a reduction in effort Eligibility? Comment: Several commenters to collect 1995 abortion data, and the This section of the NPRM explained questioned the provision that would 1995 abortion rate is a low point for that how we would identify which States allow States to submit data on either the State. This has implications for that have the largest decrease in their ratios. total number of abortions performed State in terms of the bonus, as 1995 is The comments we received on this within the State, or the total number of the base year for comparison purposes. section expressed support for the use of abortions performed within the State on Response: We recognize that this the proportionate ratio calculation and in-state residents. Some commenters Federal funding for collection of recommended that we design a process strongly recommended that the final abortion data in 14 States was to award bonus funds to the maximum rule require States to count only eliminated in 1995. To the extent that number of States each year. These latter abortions to in-state residents. Other this elimination of funding led to
VerDate 23-MAR-99 10:45 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\A14AP0.010 pfrm02 PsN: 14APR2 18490 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations differences in data collection or Comment: Another commenter We have retained this policy position in reporting between 1995 and subsequent suggested that when submitting data on the final rule. years in the bonus period, the final rule the number of abortions for the most The State must use the same allows States to adjust their number of recent year, the State should definition to measure abortions in later abortions to account for these demonstrate that any decreases were not years as it chooses for 1995. For differences. No change in the final rule the result of restrictions in access to example, if a State submitted data on was necessary in response to this abortion services. The commenter abortions performed in the State in comment. expressed strong concern that without 1995, it also must submit data on Comment: Several commenters such an adjustment, the bonus provision abortions performed in the State in recommended more specific Federal could encourage States to restrict access 1999. requirements with respect to the to abortion services, given that States Most States have reporting systems in submission of abortion data for the must have an abortion rate lower than place for abortion data and these are the bonus and any adjustments to that data. their 1995 rate in order to qualify for the preferred data to use for purposes of this (The Act states that States must adjust bonus. bonus. However, States have the their abortion data if the data reporting Response: Section 403(a)(2)(C)(i)(I) of flexibility to choose the source of the methodology changed between 1995 the Act specifies that if a State is among abortion data they submit, allowing and the evaluation year.) These the top five States with the largest States that do not already have their commenters made the following decrease in its ratio of out-of-wedlock to own reporting system in place to recommendations: total births and its abortion rate (i.e., compete for the bonus using data from • That the final rule provide ratio of abortions to live births) is lower other sources. Regardless of the data guidelines for how a State should than the rate in 1995, it is eligible for source, the data must cover the entire calculate the adjustment; the bonus. This definition does not State population, and not be limited to other more narrowly defined • That we make clear that States provide for making eligibility contingent populations such as Medicaid should adjust for changes in reporting on access to abortion services. recipients. Therefore, we have not changed the among providers (e.g. changes in the The State also has some flexibility to proportion or makeup of providers final rule with respect to this comment. change its abortion reporting over time. reporting); Finally, we have deleted the phrase • However, the State must adjust for That the final rule require States to ‘‘by the end of calendar year 1997’’ in effects of these changes. This flexibility report any legislative or policy changes paragraph (c) as no longer applicable, allows States to improve their abortion in the State that could impact the and made other editorial changes for reporting systems without making them collection or reporting of abortion data; clarity in paragraph (d). ineligible for the bonus. The Governor, and Additional Information Related to This or his or her designee, must certify that • That we review the abortion data Section the State has made the appropriate and information provided by States adjustments. regarding changes in data collection. The information the State must These abortion reporting restrictions, Response: We agree that we should be submit for 1995 and the most recent including the need to adjust for changes more specific regarding adjustments for year is either the number of all abortions in data reporting and the need to define changes in abortion data collection and (i.e., both medically and surgically the population consistently over time, should require additional information induced abortions) performed within apply only to the number of abortions from those States that adjust their the State, or the number of all abortions reported to ACF for purposes of this abortion data. We have revised performed within the State on in-state bonus. Therefore, the number of paragraph (d) of the final rule to reflect residents. We will accept either abortions reported for purposes of the this. measure. However, we prefer the second bonus might or might not equal the We have stated more specifically in measure because the population of in- number of abortions reported in public paragraph (d) what changes in data state residents is more relevant for the health statistics. collection or reporting entails, including intent of this provision. We assume that The NPRM did not specify what such things as changes in the response State policies to reduce out-of-wedlock methodology States must use to adjust rate of providers in reporting abortion childbearing will affect in-state for changes in data collection. After data. We have also stated that to qualify residents most directly. extensive consultation, we do not for the bonus, States must indicate We received numerous comments believe it is feasible to design a single whether or not they have adjusted their during our external consultation, prior methodology that would address all abortion data and, if so, give the to publication of the NPRM, that the possible changes in data reporting. In rationale for the adjustment (e.g. measure should be based on in-state addition, we understand that some State describe how legislative, policy or residents, if possible. We understand, privacy laws restrict the types of procedural changes impacted data however, that some States collect data abortion provider information that can collection and necessitated the only on total abortions that occurred be reported. Some of the more specific adjustment). within the State and do not separately reporting requirements we considered The final rule does not give more identify abortions provided to in-state or as a way of ensuring a more uniform specific requirements regarding how out-of-state residents. While such States methodology appeared to conflict with States should adjust for changes in data could begin to collect the data on a these State confidentiality laws. collection because it is not feasible at state-resident basis in the future, their Our aim in this section of the final this time to anticipate what these 1995 data would not have been rule is to obtain from States the best changes might be and how to best adjust collected on this basis. We investigated quality and most standard abortion data for them. In the final rule, the States whether a State could adjust its 1995 possible. We believe this is necessary remain responsible for calculating any data to make it comparable to future for the fair and equitable distribution of adjustment and certifying as to the data based on in-state residents. After these bonus awards. We also believe, correctness of the abortion data extensive consultation, we concluded however, that this rule provides States submitted. this would not be technically feasible. with important flexibility that would
VerDate 23-MAR-99 10:45 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\A14AP0.012 pfrm02 PsN: 14APR2 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18491 make it technically feasible for States to abortion rate from year to year changes We received no comments on and submit the necessary data if they choose in estimation error. The number of have made no changes in this section of to compete for the bonus. We believe births occurring to residents of the State the final rule. that this flexibility better incorporates is highly reliable because it is based on Section 283.9 What Do Eligible States State program knowledge and expertise a complete count of all births in the Need To Know To Access and Use the in measuring abortions. State. In contrast, data on the number of Bonus Funds? This flexibility could introduce women in the State are based on variation in measurement of abortions intercensal population estimates. We This section of the NPRM specified across States for purposes of the bonus made no changes to the final rule with additional information on how we and could raise concerns about fair respect to this comment. would pay the bonus and how States competition for the bonus. However, may use bonus award funds. In the these concerns are greatly mitigated by Additional Information Related to This NPRM, we proposed to pay the award the fact that States are not competing Section to the Executive Office of the Governor. with each other on their abortion rates. We will use the abortion data that We also specified that States must use As noted above, a State’s abortion rate States provide to calculate a rate of bonus funds to carry out the purposes affects its own qualification only, not abortions. This rate would equal the of the TANF program and that bonus the qualification of any other State. number of abortions in a State for the award funds are subject to the A State cannot be eligible for the most recent year, divided by the number limitations in, and the requirements of, bonus unless it submits the necessary of total resident live births for the same sections 404 and 408 of the Act. abortion data. However, as competition year as reported by NCHS. This statistic We made one change in this section for the bonus is voluntary, this is also known as the ‘‘abortion to live after further internal ACF discussion provision places no requirement on birth ratio.’’ It is a standard statistic and made other changes in response to States to submit these data. used to measure abortions and comments. In the final rule, we deleted incorporates the same denominator as the proposed provision to pay the bonus Section 283.7 How Will We Use These the ratio of live out-of-wedlock births to to the Executive Office of the Governor. Data on Abortions To Determine Bonus total births. We continue to believe that the Eligibility? Governor, as Chief Executive Officer of This section of the NPRM described Section 283.8 What Will be the Amount the State, is responsible not only for the how we would use the abortion data to of the Bonus? TANF block grant program but for the identify which States are eligible for the This section of the NPRM explained well-being of all citizens of the State, bonus. how we would determine the amount of including efforts to reduce out-of- Comment: We received one comment the bonus for eligible States. These wedlock childbearing for the State specifically on this section. Two amounts are specified in section population as a whole. Therefore, we organizations recommended an 403(a)(2)(B) of the Act. will award the bonus to the Governor of alternative ratio for computing the For Guam, the Virgin Islands, and the winning State(s) and other abortion ratio. The NPRM proposed to American Samoa, the award would be jurisdiction(s), but, for uniform fiscal calculate the rate of abortions for 1995 25 percent of their mandatory ceiling reporting and accounting purposes, we and for the most recent year for which amount as defined in section 1108 of the will issue the bonus award grant funds abortion data are available. The rate Act. Any bonuses paid to the these to the TANF agency. would be equal to the number of States would be subtracted from $100 Comment: Several commenters asked abortions divided by the total number of million (the total annual amount for a clarification of and more live births in the State. The commenters available for the bonus awards), and the information on how bonus funds may be believed that this ratio might encourage remainder would be divided among the used and what limitations apply to the States to manipulate birth rates. They other qualifying States up to a use of these funds. One commenter recommended that the ratio be based on maximum award of $25 million per suggested that the final rule direct States abortions per 1,000 women ages 15 to State. If Guam, the Virgin Islands, and to use bonus funds only on specific 44. They stated that this is a standard American Samoa are not among the programs, i.e., public family planning measure, consistent with the statute, qualifying States, the bonus for each education and contraception services, and would more directly reflect the State would be $20 million if five States child health and child day care, and job number of abortions and would not qualified and $25 million if fewer States training for women. Other commenters unnecessarily incorporate birthrate data qualified. questioned why the prohibitions and into the calculation. Consider the hypothetical example limitations in sections 404 and 408 of Response: We recognize the where American Samoa and four States the Act applied to bonus award funds importance of using standard measures other than American Samoa, Guam and given that the funds related to the to calculate changes in abortion rates, the Virgin Islands qualify for the bonus. State’s entire population, not just the and in developing the NPRM, we In this case, American Samoa would TANF population. considered using the number of receive $250,000 (25 percent of their Response: We agree that clarification abortions per 1,000 women ages 15 to mandatory ceiling amount of is needed regarding the provisions of 44. However, the number of women ages $1,000,000) and the remaining eligible this section. First, in the context of the 15 to 44 in each State is difficult to States would each receive $24,937,500 flexibility provided to States under the measure precisely between census ($100,000,000 minus $250,000 all TANF block grant program, we decline years. Typically, these measures come divided by four). If American Samoa to specify how States must use these from intercensal population estimates. and two States other than Guam, bonus award funds. We want to make The degree of error in these data varies American Samoa and the Virgin Islands clear that the State has the same from year to year and from State to qualified for the bonus, American flexibility on the use of these funds that State, and the estimates decline in Samoa would receive $250,000 and the it has in the use of the TANF block grant reliability as the interval since the last remaining States would receive $25 funds. We have added an example in census increases. This makes it difficult million, which is the maximum amount paragraph (a) of the final rule to clarify to separate actual changes in the that any State can receive. that States may use bonus award funds
VerDate 23-MAR-99 10:45 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\A14AP0.013 pfrm02 PsN: 14APR2 18492 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations for statewide programs to prevent and jurisdictions in section 1108(c)(4) of the twenty departmental programs aimed at reduce the incidence of out-of-wedlock Act. educating teens and preventing pregnancies, a purpose of the TANF Response: We agree and have added pregnancy, including Girl Neighborhood program in section 401 of the Act. a new paragraph (c) to this section to Power! and demonstration grants to Second, the prohibitions and specify this information. It is important communities in 11 States funded limitations in sections 404 and 408 are to clarify this provision because section through The Center for Disease Control statutory requirements. Grants made to 1108(c)(4) sets a statutory limit on the and Prevention Community Coalition a State under section 403 of the Act— TANF funds these jurisdictions may Partnership Programs. whether TANF block grant funds, bonus receive. We provide explicitly that any To help disseminate information on award funds, or Welfare-to-Work bonus funds received by Puerto Rico, efforts to reduce teen pregnancy, the grants—are subject to these conditions, the Virgin Islands, Guam or American Department is currently working with as applicable. Section 404(a)(1) of the Samoa will not be counted toward this the National Campaign to Prevent Teen Act provides that the State may use limitation. Pregnancy to develop a ‘‘Tool Kit’’ that grants made under section 403 will provide States and communities E. Response to Comments That Were (including the bonus award) ‘‘. . . in with practical advice on how to Beyond the Scope of the Final Rule any manner that is reasonably implement a wide range of teen calculated to accomplish the purpose of Several comments we received were pregnancy prevention initiatives. The this part . . .’’ The purposes of this part outside the scope of this rulemaking. Department will be disseminating (i.e., title IV, Part A, of the Act) are These include comments expressing additional information to communities found in section 401 of the Act. The concern that a competitive bonus is not regarding programs that specifically funds may also be used ‘‘. . . in any the appropriate way to try to reduce out- target boys and young men. manner that the State was authorized to of-wedlock childbearing, that efforts to HHS is also administering the State use the funds . . . under prior reduce out-of-wedlock births should not Abstinence Education Program as programs’’ (i.e., title IV–A and title IV– place the burden solely on women, and authorized by section 912 of the F of the Act). that policies addressing single parent PRWORA. This program authorizes $50 However, sections 404 (b) through (j) families should not place unreasonable million per year beginning in FY 1998. and section 408 of the Act specify a burdens on men. Because these By July 1997, every State had applied number of limitations on the use of comments focused on general criticisms for this money to build on their State TANF funds. For example, if a State of the statutory language or criticisms of efforts to prevent teen pregnancy uses bonus funds to provide assistance, other policies (which cannot be (although New Hampshire has now the prohibitions against providing addressed within this final rule), we declined their funding for FY 1998). As assistance to certain individuals in made no changes to the final rule with mandated in the Balanced Budget Act of section 408 of the Act will apply. If a respect to these comments. 1997, the Department is conducting an State uses bonus funds for activities that evaluation of these programs, and will IV. Departmental Activities Related to are not defined as assistance, then these include five sites involving random Out-of-Wedlock Births prohibitions are not applicable. assignment and one involving a rigorous Finally, some of the general The Department has various activities evaluation of comprehensive requirements in sections 404 and 408 of underway related to reducing out-of- community approaches. the Act will apply regardless of how the wedlock births. Given public comments The Office of the Assistant Secretary State chooses to use these funds. For on the Department’s role in providing for Planning and Evaluation also is example, the 15 percent limitation on information on this important topic, we providing additional funding to three the use of TANF grant funds for summarize some of these activities existing rigorous teen pregnancy administrative purposes (section 404(b)) below, and have made materials prevention evaluations. These three means that any bonus award funds will regarding these efforts available to the programs each have a unique approach, be added to the State’s total TANF grant public. including differing levels of pregnancy funds and the administrative cost In 1995, the Department produced the prevention services, a statewide percentage will be computed based on Report to Congress on Out-of-Wedlock program targeted at siblings of the total. Childbearing, and Beginning too Soon: adolescent mothers, and a statewide Comment: We received several Adolescent Sexual Behavior, Pregnancy teen pregnancy prevention program that comments asking us to clarify the and Parenthood, both reports that allows each local community to develop expenditure period for bonus award contained valuable information its own intervention. funds. One commenter suggested that regarding the occurrence of out-of- The Department also is actively the State be allowed three years to wedlock and teen pregnancy as well as supporting expanding pregnancy expend these funds. strategies for addressing these concerns. prevention efforts to include a focus on Response: Because there is no Since then, the Department has boys and young men. Through the HHS expenditure period for TANF funds, and undertaken many additional initiatives Regional Offices $2 million in small because bonus award funds are a part of to support programs and research grants have been awarded to Title X the total TANF funds awarded to States focused on reducing out-of-wedlock Family Planning Clinics to develop pilot under section 403 of the Act, there is no childbearing. programs designed to prevent premature expenditure period for bonus award In 1997, the Department developed fatherhood. These projects employ male funds. In using bonus award funds, the National Strategy to Prevent Teen high school students as interns to States must report on the use of these Pregnancy, as required in section 905 of provide them with on-the-job training in funds as they do other TANF funds. PRWORA. The Department has recently clinic operations and allied health Comment: One commenter released its first annual report to occupations and provide education recommended that we state explicitly in Congress, citing, among other things, about male responsibility, family the rule that bonus award funds to that HHS has funded teen pregnancy planning and reproductive health. Puerto Rico, Guam, the Virgin Islands, prevention programs in at least 31 In addition to these programmatic and American Samoa are not subject to percent of communities across the initiatives, the Department has the mandatory funding ceilings for these country. The report also lists more than supported numerous research and
VerDate 23-MAR-99 10:45 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\A14AP0.015 pfrm02 PsN: 14APR2 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18493 evaluation projects. The National Study D. Unfunded Mandates Reform Act of 283.5 How will we use these birth data to of Adolescent Health, the National 1995 determine bonus eligibility? 283.6 If a State wants to be considered for Survey of Family Growth, and the Section 202 of the Unfunded National Survey of Adolescent Males bonus eligibility, what data on abortions Mandates Reform Act of 1995 requires must it submit? have all provided important insight into that a covered agency prepare a 283.7 How will we use these data on adolescent risk behaviors including budgetary impact statement before abortions to determine bonus eligibility? sexual activity and response to promulgating a rule that includes any 283.8 What will be the amount of the pregnancy. Federal mandate that may result in the bonus? expenditure by State, local, and Tribal 283.9 What do eligible States need to know V. Regulatory Impact Analyses to access and use the bonus funds? governments, in the aggregate, or by the A. Executive Order 12866 private sector, of $100 million or more Authority: 42 U.S.C. 603 Executive Order 12866 requires that in any one year. § 283.1 What does this part cover? regulations be drafted to ensure that We have determined that this rule This part explains how States may be they are consistent with the priorities would not impose a mandate that will considered for the ‘‘Bonus to Reward and principles set forth in the Executive result in the expenditure by State, local, Decrease in Illegitimacy Ratio,’’ as Order. The Department has determined and Tribal governments, in the authorized by section 403(a)(2) of the that this rule is consistent with these aggregate, or by the private sector, of Social Security Act. It describes the data priorities and principles. This more than $100 million in any one year. on which we will base the bonus, how rulemaking implements statutory Accordingly, we have not prepared a we will make the award, and how we authority based on broad consultation budgetary impact statement, specifically will determine the amount of the award. and coordination. addressed the regulatory alternatives considered, or prepared a plan for § 283.2 What definitions apply to this part? The Executive Order encourages informing and advising any significantly The following definitions apply to agencies, as appropriate, to provide the or uniquely impacted small government. this part: public with meaningful participation in Abortions means induced pregnancy the regulatory process. As described E. Congressional Review terminations, including both medically elsewhere in the preamble, ACF This final rule is not a major rule as and surgically induced pregnancy consulted with State and local officials, defined in 5 U.S.C., Chapter 8. terminations. This term does not their representative organizations, and a List of Subjects in 45 CFR Part 283 include spontaneous abortions, i.e., broad range of technical and interest miscarriages. group representatives. Health statistics, Family planning, Act means the Social Security Act. To a considerable degree, this final Maternal and child health, Public Bonus refers to the Bonus to Reward rule reflects the comments we received assistance programs. Decrease in Illegitimacy Ratio, as set in response to the NPRM. We appreciate (Catalogue of Federal Domestic Assistance forth in section 403(a)(2) of the Act. and have seriously considered all of the Programs: 17.253 Employment and Training Calculation period refers to the four detailed and thoughtful comments we Assistance—Welfare-to-Work Grants to States calendar years used for determining the received. and Local Entities for Hard-to-Employ decrease in the out-of-wedlock birth Welfare Recipient Programs; 93.558 TANF ratios for a bonus year. (The years B. Regulatory Flexibility Analysis Programs-State Family Assistance Grants, included in the calculation period Assistance Grants to Territories, Matching change from year to year.) The Regulatory Flexibility Act (5 Grants to Territories, Supplemental Grants U.S.C. Ch. 6) requires the Federal Most recent two-year period for which for Population Increases and Contingency birth data are available means the most government to anticipate and reduce the Fund; 93.559-Loan Fund; and 93.595-Welfare impact of rules and paperwork Reform Research, Evaluations and National recent two calendar years for which the requirements on small businesses and Studies) National Center for Health Statistics has other small entities. Small entities are Dated: December 24, 1998. released final birth data by State. Most recent year for which abortion defined in the Act to include small Olivia A. Golden, data are available means the year that businesses, small non-profit Assistant Secretary for Children and Families. is two calendar years prior to the organizations, and small governmental Approved: January 11, 1999. current calendar year. (For example, for agencies. This rule will affect only Donna E. Shalala, eligibility determinations made during States. Therefore, the Secretary certifies Secretary, Department of Health and Human calendar year 1999, the most recent year that this rule will not have a significant Services. for which abortion data are available impact on small entities. For the reasons set forth in the would be calendar year 1997.) C. Paperwork Reduction Act preamble, we are amending 45 CFR NCHS means the National Center for chapter II by adding Part 283 to read as Health Statistics, of the Centers for This rule does not contain follows: Disease Control and Prevention, U.S. information collection activities that are Department of Health and Human subject to review and approval by the PART 283ÐIMPLEMENTATION OF Services. Office of Management and Budget. The SECTION 403(A)(2) OF THE SOCIAL Number of out-of-wedlock births for birth data on which we will base the SECURITY ACT BONUS TO REWARD the State means the final number of computation of the bonus are currently DECREASE IN ILLEGITIMACY RATIO births occurring outside of marriage to available from the NCHS. Therefore, no residents of the State, as reported in new data collection is required to Sec. NCHS vital statistics data. measure out-of-wedlock birth ratios. 283.1 What does this part cover? Number of total births for the State 283.2 What definitions apply to this part? The abortion data would be solicited 283.3 What steps will we follow to award means the final total number of live only for up to eight States, i.e., five the bonus? births to residents of the State, as States and three Territories. This does 283.4 If a State wants to be considered for reported in NCHS vital statistics data. not meet the criteria for OMB review bonus eligibility, what birth data must it Rate of abortions means the number and approval. submit? of abortions reported by the State in the
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(This measure is also more traditionally submit? known as the ‘‘abortion to live birth (a) We will base eligibility ratio.’’) (a) To be considered for a bonus, the determinations on final vital statistics Ratio refers to the ratio of live out-of- State must have submitted data on out- data provided by NCHS showing the wedlock births to total live births, as of-wedlock births as follows: number of out-of-wedlock live births defined in § 283.5(b). (1) The State must have submitted to and the number of total live births State means the 50 States of the NCHS the final vital statistics data files among women living in each State and United States, the District of Columbia, for all births occurring in the State. a factor provided by NCHS to adjust for the Commonwealth of Puerto Rico, the These files must show, among other changes in data reporting for those United States Virgin Islands, Guam, and elements, the total number of live births States that have changed their American Samoa, as provided in section and the total number of out-of-wedlock methodology for collecting data on out- 419(a)(5) of the Act. live births occurring in the State. These of-wedlock births during the bonus Vital statistics data means the data data must conform to the Vital Statistics period. reported by State health departments to Cooperative Program contract for all (b) We will use the number of total NCHS, through the Vital Statistics years in the calculation period. This live births and the number of out-of- Cooperative Program (VSCP). contract specifies, among other things, wedlock births, adjusted for any We (and any other first person plural the guidelines and time-lines for changes in data collection or reporting, pronouns) means the Secretary of submitting vital statistics data files; and to calculate the decrease in the ratio of Health and Human Services or any of (2) The State must have submitted out-of-wedlock to total births for each the following individuals or these data for the most recent two years State as follows: organizations acting in an official for which NCHS reports final data, as (1) We will calculate the ratio as the capacity on the Secretary’s behalf: the well as for the previous two years. number of out-of-wedlock births for the Assistant Secretary for Children and (b) If a State has changed its method State during the most recent two-year Families, the Regional Administrators of determining marital status for the period for which NCHS has final birth for Children and Families, the purposes of these data, the State also data divided by the number of total Department of Health and Human must have met the following births for the State during the same Services, and the Administration for requirements: period. We will calculate, to three Children and Families. (1) The State has identified all years decimal places, the ratio for each State for which the method of determining that submits the necessary data on total § 283.3 What steps will we follow to award and out-of-wedlock births described in the bonus? marital status is different from that used for the previous year; § 283.4. (a) For each of the fiscal years 1999 (2) We will calculate the ratio for the (2) For those years identified under through 2002, we will: previous two-year period using the same paragraph (b)(1) of this section, the State (1) Based on the vital statistics data methodology. provided by NCHS as described in has either: (3) We will calculate the § 283.4, calculate the ratios for the most (i) Replicated as closely as possible a proportionate change in the ratio as the recent two years for which final birth consistent method for determining ratio of out-of-wedlock births to total data are available, and for the prior two marital status at the time of birth, and births for the most recent two-year years, as described in § 283.5; the State has reported to NCHS the period minus the ratio of out-of-wedlock (2) Calculate the proportionate change resulting alternative number of out-of- births to total births from the prior two- between these two ratios, as described wedlock births; or year period, all divided by the ratio of in § 283.5. (ii) If NCHS agrees that such out-of-wedlock births to total births for (3) Identify as potentially eligible a replication is not methodologically the prior two-year period. A negative maximum of eight States, i.e., Guam, the feasible, the State may chose to accept number will indicate a decrease in the Virgin Islands, and American Samoa, an NCHS estimate of what the ratio and a positive number will and five other States, that have alternative number would be; indicate an increase in the ratio. qualifying decreases in their ratios, (3) The State has submitted (c) We will identify which States have using the methodology described in documentation to NCHS on what a decrease in their ratios large enough § 283.5; changes occurred in the determination to make them potentially eligible for the (4) Notify these potentially eligible of marital status for those years and, if bonus, as follows: States that we will consider them for the appropriate, how it determined the (1) For States other than Guam, bonus if they submit data on abortions alternative number of out-of-wedlock American Samoa and the Virgin Islands, as stated in § 283.6; and births for the State; and we will use this calculated change to (5) Identify which of the potentially (4) For methodological changes that rank the States and identify which five eligible States that submitted the were implemented prior to 1998 and States have the largest decrease in their required data on abortions have applicable to data collected for the ratios. Only States among the top five experienced decreases in their rates of bonus period, the State has submitted will be potentially eligible for the abortion relative to 1995, as described in the information described in paragraphs bonus. We will identify fewer than five § 283.7. These States will receive the (b)(1), (2) and (3) of this section within such States as potentially eligible if bonus. two months after April 14, 1999. For fewer than five experience decreases in (b) We will determine the amount of such changes implemented during or their ratios. We will not include Guam, the grant for each eligible State, based after 1998, the State must submit such American Samoa and the Virgin Islands on the number of eligible States, and information either by the end of in this ranking. whether Guam, American Samoa, or the calendar year 1999 or according to the (2) If we identify more than five States Virgin Islands are eligible. No State will same deadline that applies to its vital due to a tie in the decrease, we will
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We will paragraph (a)(1) or paragraph (a)(2) of for which abortion data are available is identify no more than five States. this section, for both 1995 and the most less than the rate for 1995, and, if the (3) For Guam, American Samoa and recent year; or State has met all the requirements listed the Virgin Islands, we will use the (2) If applicable, the adjusted number elsewhere under this part, the State will calculated change in the ratio to identify and information specified in paragraph receive the bonus. which of these States experienced a (d) of this section. decrease that is either at least as large (d) If the State’s data collection or § 283.8 What will be the amount of the bonus? as the smallest qualifying decrease reporting methodology changed identified in paragraph (c)(1) of this between 1995 and the bonus year in (a) If, for a bonus year, none of the section, or a decrease that ranks within such a way as to reflect an increase or eligible States is Guam, American the top five decreases when all States decrease in the number of abortions that Samoa or the Virgin Islands, then the and Territories are ranked together. is different than what actually occurred amount of the grant shall be: These identified States will be during the period, the State must: (1) $20 million per State if there are potentially eligible for the bonus also. (1) When submitting the number of five eligible States; or (4) We will notify the potentially abortions for the most recent year under eligible States, as identified under (2) $25 million per State if there are paragraph (c)(2), adjust the number to fewer than five eligible States. paragraphs (a) through (c) of this section exclude increases or decreases in the (b) If for a bonus year, Guam, the that they must submit the information number due to changes in methodology Virgin Islands, or American Samoa is an on abortions specified under § 283.6 if for collecting or reporting the data. For eligible State, then the amount of the they want to be considered for the example, this calculation should grant shall be: bonus. include adjustments for increases or (1) In the case of such a State, 25 § 283.6 If a State wants to be considered decreases in response rates for providers for bonus eligibility, what data on abortions in reporting abortion data; percent of the mandatory ceiling must it submit? (2) Provide a rationale for the amount as defined in section 1108 of the (a) To be considered further for bonus adjustment, i.e., a description of how Act; and eligibility, each potentially eligible the data collection or reporting (2) In the case of any other State, $100 State, as identified under § 283.5, must methodology was changed. This could million, minus the total amount of any submit to ACF data and information on include a description of how legislative, bonuses paid to Guam, the Virgin the number of abortions for calendar policy or procedural changes affected Islands, and American Samoa, and year 1995 within two months of this the collection or reporting of abortion divided by the number of eligible States notification. This number must measure data, or an indication of changes in the other than Guam, American Samoa and either of the following: response rate of providers in reporting the Virgin Islands, not to exceed $25 (1) For calendar year 1995, the total abortion data; and million per State. number of abortions performed by all (3) Provide a certification by the § 283.9 What do eligible States need to providers within the State; or Governor, or his or her designee, that know to access and use the bonus funds? (2) For calendar year 1995, the total the number of abortions reported to ACF number of abortions performed by all accurately reflects these adjustments for (a) States must use the bonus funds to providers within the State on the total changes in data collection or reporting carry out the purposes of the Temporary population of State residents only. This methodology. Assistance for Needy Families Block is the preferred measure. Grant in section 401 and 404 of the Act. (b) States must have obtained these § 283.7 How will we use these data on This may include statewide programs to data on abortions for calendar year 1995 abortions to determine bonus eligibility? prevent and reduce the incidence of out- within 60 days of publication of the (a) For those States that have met all of-wedlock pregnancies. final rule and must include with their the requirements under §§ 283.1 (b) As applicable, these funds are submission of 1995 data an official through 283.6, we will calculate the rate subject to the requirements in, and the record documenting when they obtained of abortions for calendar year 1995 and limitations of, sections 404 and 408 of the abortion data. for the most recent year for which the Act. abortion data are available as defined in (c) Within two months of notification (c) For Puerto Rico, Guam, the Virgin § 283.2. These rates will equal the by ACF of potential eligibility, the State Islands, and American Samoa, the number of abortions reported by the must submit: bonus award funds are not subject to the (1) The number of abortions State to ACF for the applicable year, mandatory ceilings on funding performed for the most recent year for divided by total live births among established in section 1108(c)(4) of the which abortion data are available (as women living in the State reported by Act. defined in § 283.2 to mean the year that NCHS for the same year. We will is two calendar years prior to the calculate the rates to three decimal [FR Doc. 99–8866 Filed 4–13–99; 8:45 am] current calendar year). In measuring the places. BILLING CODE 4184±01±P
VerDate 23-MAR-99 10:45 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\A14AP0.020 pfrm02 PsN: 14APR2 eDt 3MR9 55 p 3 99Jt134 O000Fm001Ft41 ft41 :F\M1AP.X fm1PsN:14APP2 pfrm01 E:\FR\FM\14APP2.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 15:56Apr13, 1999 VerDate 23-MAR-99 federal register April 14,1999 Wednesday Limestone Mines;ProposedRules Clay, ColloidalPhosphate,orSurface at Sand,Gravel,SurfaceStone, Engaged inShellDredgingorEmployed Training andRetrainingofMiners 30 CFRParts46and48 Mine SafetyandHealthAdministration Department ofLabor Part III 18497 18498 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules
DEPARTMENT OF LABOR Carol J. Jones, Acting Director, Office of (2) The accuracy of our estimate of the Standards, Regulations, and Variances, burden of the proposed collection of Mine Safety and Health Administration MSHA 4015 Wilson Boulevard, Room information, including the validity of the 631, Arlington, VA 22203; by facsimile methodology and assumptions used; 30 CFR Parts 46 and 48 (3) Ways to enhance the quality, utility, to MSHA, at 703–235–5551; or by and clarity of information to be collected; RIN 1219±AB17 electronic mail to [email protected]. and FOR FURTHER INFORMATION CONTACT: (4) Ways to minimize the burden of the Training and Retraining of Miners Carol J. Jones, Acting Director, Office of collection of information on respondents, Engaged in Shell Dredging or Standards, Regulations, and Variances, including through the use of automated Employed at Sand, Gravel, Surface MSHA; 703–235–1910. collection techniques, when appropriate, and Stone, Surface Clay, Colloidal other forms of information technology. SUPPLEMENTARY INFORMATION: Phosphate, or Surface Limestone These estimates are an approximation Mines I. Plain Language of the average time expected to be AGENCY: Mine Safety and Health We (MSHA) wrote this proposed rule necessary for a collection of Administration (MSHA), Labor. in the more personal style advocated by information. They are based on such ACTION: Proposed rule. the President’s executive order on information as is available to us. ‘‘plain language.’’ ‘‘Plain language’’ Submission SUMMARY: This proposed rule would encourages the use of— amend MSHA’s existing health and MSHA has submitted a copy of this safety training regulations by • personal pronouns (we and you); proposed rule to OMB for its review and • sentences in the active voice; establishing new training requirements • approval of these information for shell dredging, sand, gravel, surface a greater use of headings, lists, and collections. Interested persons are questions, as well as charts, figures, and stone, surface clay, colloidal phosphate, tables. requested to send comments regarding and surface limestone mines. Congress this information collection, including has prohibited MSHA from expending In this proposed rule, ‘‘you’’ refers to suggestions for reducing this burden, funds to enforce training requirements production-operators and independent directly to the Office of Information and at these mines since fiscal year 1980. contractors because they have the Regulatory Affairs, OMB, New This proposed rule would implement primary responsibility for compliance Executive Office Building, 725 17th the training requirements of section 115 with MSHA regulations. In addition, we Street, NW, Washington, DC 20503, of the Federal Mine Safety and Health recognize and appreciate the value of Attn: Desk Officer for MSHA; and to Act of 1977 (Mine Act) and provide for comments, ideas, and suggestions from Carol J. Jones, Office of Standards, effective miner training at the affected labor organizations, industry Regulations, and Variances, MSHA, mines once Congress has removed the associations, and other parties who have 4015 Wilson Boulevard, Room 631, appropriation’s prohibition from an interest in health and safety training Arlington, VA 22203. Submit written MSHA’s budget. At the same time, the for miners. We would appreciate comments on the information collection proposed rule would allow mine comments and suggestions from all no later than June 14, 1999. parties on this proposed rule and on our operators the flexibility to tailor their Description of Respondents training programs to the specific needs use of ‘‘plain language.’’ How could we of their miners and operations. improve the clarity of this style? Those required to provide the information are mine operators and DATES: Submit comments on or before II. Paperwork Reduction Act June 14, 1999. individuals who are paid to perform ADDRESSES: Send comments on the This proposed rule contains tasks for the mine operator (e.g., proposed rule— collection of information requirements instructors). that are subject to review by the Office Description of Information Collection (1) By mail to MSHA, Office of Standards, of Management and Budget (OMB) Burden Regulations, and Variances, 4015 Wilson under the Paperwork Reduction Act of Boulevard, Room 631, Arlington, VA 22203; The proposal contains information (2) By facsimile to MSHA, Office of 1995 (PRA 95). The title, description, Standards, Regulations, and Variances, 703– and respondent description of the collection requirements in §§ 46.3, 46.5, 235–5551; or information collection are shown below 46.6, 46.7, 46.8, 46.9, and 46.11. The (3) By electronic mail to with an estimate of the annual reporting proposed rule imposes first year total [email protected]. If possible, please burden. Included in the estimate is the burden hours and costs of 239,188 hours supplement written comments with time for reviewing instructions, and $8,291,569. The first year burden computer files on disk; contact the Agency gathering and maintaining the data hours and costs are composed by with any format questions. needed, and completing and reviewing summing the figures in Tables VII–1, Submit written comments on the the collection of information. We invite VII–2, and VII–3. After the first year, the information collection requirements comments on— annual burden hours and costs would directly to the Office of Information and (1) Whether the proposed collection of be 226,685 hours and $7,865,469, which Regulatory Affairs, OMB, New information is necessary for proper is shown in Table VII–2 Executive Office Building, 725 17th performance of our functions, including Table VII–1 presents one-time burden Street, NW, Washington, DC 20503, whether the information will have practical hours and costs by provision and mine Attn: Desk Officer for MSHA; and to utility; size.
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TABLE VII±1.ÐMINE OPERATORS' ONE-TIME BURDEN HOURS AND COSTS
Mines (1±5) Mines (6±19) Mines (≥20) Totals Prov. Hrs. Costs Hrs. Costs Hrs. Costs Hrs. Costs
46.3 ...... 7,509 $256,290 3,277 $111,830 1,207 $42,250 11,993 $410,370
Table VII–2 presents annual burden hours and cost by provision and mine size.
TABLE VII±2.ÐMINES OPERATORS' ANNUAL BURDEN HOURS AND COSTS
Mines (1±5) Mines (6±19) Mines (≥20) Totals Prov. Hrs. Costs Hrs. Costs Hrs. Costs Hrs. Costs
46.5 ...... 41,007 $1,676,058 21,458 $1,016,502 4,860 $297,170 67,325 $2,989,730 46.6 ...... 7,898 284,341 4,240 152,627 978 35,192 13,116 472,159 46.7 ...... 5,599 201,579 7,980 287,297 7,111 256,008 20,691 744,884 46.8 ...... 34,551 1,243,839 15,433 555,582 5,461 196,582 55,445 1,996,003 46.9 ...... 2,765 73,267 5,876 155,725 5,704 151,164 14,346 380,156 46.11 ...... 25,208 579,773 22,005 506,115 8,550 196,650 55,763 1,282,538
Total ...... 117,028 4,058,857 76,992 2,673,847 32,664 1,132,765 226,685 7,865,469
Table VII–3 presents miners and miners’ representatives one-time burden hours and costs.
TABLE VII±3.ÐMINERS AND MINERS' REPRESENTATIVESÐONE-TIME BURDEN HOURS AND COSTS
Mines (±5) Mines (6±19) Mines (≥20) Totals Prov. Hrs. Costs hrs. Costs Hrs. Costs Hrs. Costs
46.3 ...... 336 $7,728 146 $3,358 28 $644 510 $11,730
Paragraph (a) of § 46.3 requires you to (4) A list of the persons who will provide (2) 1,467 mines that employ between 6 and develop and implement a written the training, and the subject areas in which 19 workers; and training plan that contains effective each person is competent to instruct; and (3) 285 mines that employ 20 or more programs for training new miners and (5) The evaluation procedures used to workers. determine the effectiveness of training. experienced miners, training miners for MSHA estimates that a clerical new tasks, annual refresher training, Paragraph (c) requires a plan that does worker, earning $17 per hour, would and hazard training. The mines affected not include the minimum information take 0.1 hours to photocopy the plan by this provision are— specified in paragraph (b) to be and either deliver or post the plan. The (1) 3,361 mines that employ 5 or approved by us. For each size category, one-time costs are annualized using an fewer workers; we estimate that 20 percent of you will annualization factor of 0.07. (2) 1,467 mines that employ between choose to write a plan and send it to us Paragraph (e) provides that within 2 6 and 19 workers; and for approval. Thus, the mines affected weeks following receipt or posting of (3) 285 mines that employ 20 or more by this provision are— the training plan, miners or their workers. representatives may submit written MSHA estimates that a mine (1) 672 mines that employ 5 or fewer comments on the plan to you, or to the workers; supervisor, earning $36 per hour, would (2) 293 mines that employ between 6 and Regional Manager, as appropriate. The take 2 hours to write a plan in mines 19 workers; and burden hours and costs of this provision that employ fewer than 20 persons, and (3) 57 mines that employ 20 or more are not borne by you, but by miners and 4 hours in mines that employ 20 or workers. their representatives. more persons. The one-time costs are MSHA estimates that a miner or annualized using an annualization MSHA estimates that it would take a miners’ representative would submit factor of 0.07. clerical worker, earning $17 per hour, comments for 5 percent of the affected Paragraph (b) requires the following about 0.1 hours per mine to photocopy mines in each size category. The mines information, at a minimum, to be and mail the training plan. The one-time affected by this provision are— included in a training plan: costs are annualized using an annualization factor of 0.07. (1) 168 mines that employ 5 or fewer (1) The company name, mine name, and workers; MSHA mine identification number; Paragraph (d) requires you to provide (2) 73 mines that employ between 6 and 19 (2) The name and position of the person miners’ representatives with a copy of workers; and designated by you who is responsible for the the training plan. At mines where no (3) 14 mines that employ 20 or more health and safety training at the mine. This miners’ representative has been workers. person may be the operator; designated, you must post a copy of the MSHA estimates that a miner or (3) A general description of the teaching plan at the mine or provide a copy to miners’ representatives, earning $23 per methods and the course materials that are to each miner. The mines affected by this be used in providing the training, including hour, would take 2 hours per affected the subject areas to be covered and the provision are— mine to prepare written comments. The approximate time to be spent on each subject (1) 3,361 mines that employ 5 or fewer one-time costs are annualized using an area; workers; annualization factor of 0.07.
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Paragraph (g) allows you, miners, and (3) 285 mines that employ 20 or more On average, each training session is miners’ representatives to appeal a workers. estimated to last 3 hours. decision of the Regional Manager in MSHA estimates that for each mine, a Paragraph (a) of § 46.7 requires that writing to the Director for Education mine supervisor, earning $36 per hour, before a miner performs a task for which Policy and Development. The Director would take 6 hours annually to prepare he or she has no experience, you must would issue a decision on the appeal for the new miner training. MSHA train the miner in the safety and health within 30 days after receipt of the further estimates that the average aspects and safe work procedures appeal. The mines affected by this number of training sessions the mine specific to that task. If changes have provision are— supervisor would provide annually occurred in a miner’s regularly assigned (1) 13 mines that employ 5 or fewer are— task, you must provide the miner with workers; training that addresses the changes. The (1) 0.46 sessions for mines that employ 5 mines affected by this provision are— (2) 6 mines that employ between 6 and 19 or fewer workers; workers; and (2) 0.64 sessions for mines that employ (1) 3,361 mines that employ 5 or fewer (3) 1 mine that employees 20 or more between 6 and 19 workers; and workers; workers. (3) 0.82 sessions for mines that employ 20 (2) 1,467 mines that employ between 6 and MSHA estimates that for 90% of you or more workers. 19 workers; and who would appeal a decision, a mine (3) 285 mines that employ 20 or more On average, each training session is workers. supervisor would write the appeal. estimated to last 13.48 hours. MSHA estimates that a mine supervisor, MSHA estimates that for each mine, a Additionally, we estimate that part of earning $36 per hour, would take 4 mine supervisor, earning $36 per hour, new miner training would be provided hours to write the appeal. The one-time would take 0.25 hours annually to off-site by a third party. You would pay costs are annualized using an prepare for the task training. MSHA the third party for providing this part of annualization factor of 0.07. further estimates that the average MSHA further estimates that for the the new miner training; thus you would number of training sessions the mine remaining 10% of you who would incur burden costs but no burden hours. supervisor would provide annually appeal a decision, an attorney (a third The number of miners receiving off-site are— training are— party) would write the appeal. There are (1) 2.36 sessions for mines that employ 5 no mine operator burden hours in this (1) 1,537 miners in mines that employ 5 or or fewer workers; case, because you would pay the third fewer workers; (2) 8.65 sessions for mines that employ party for its services. The attorney fee to (2) 1,877 miners in mines that employ between 6 and 19 workers; and handle an appeal process is estimated to between 6 and 19 workers; and (3) 41.17 sessions for mines that employ 20 (3) 940 miners in mines that employ 20 or or more workers. be $2,000 per appeal, and this cost is more workers. annualized using an annualization On average, each training session is factor of 0.07. The annual costs for off-site training estimated to last 0.6 hours. Paragraph (h) requires you to make are $130 per miner. This consists of the Paragraph (a) of § 46.8 requires that at available at the mine site a copy of the following: a $35 training fee; $30 for least every 12 months, you must provide current training plan for inspection by transportation to off-site training; $30 each miner with no less than 8 hours of MSHA and for examination by miners per diem for meals; and $35, on average, refresher training. The mines affected by and their representatives. If the training for overnight lodging (We assume that this provision in each size category plan is not maintained at the mine site, half of the miners receiving off-site are— you must have the capability to provide training will require overnight lodging × (1) 3,361 mines that employ 5 or fewer the plan upon request by MSHA, for one night at $70 per night, or 0.5 workers; miners, or their representatives. The $70). (2) 1,467 mines that employ between 6 and mines affected by this provision are— Paragraph (a) of § 46.6 requires you to 19 workers; and (3) 285 mines that employ 20 or more (1) 3,361 mines that employ 5 or fewer provide each newly-hired experienced workers. workers; miner with certain training before the (2) 1,467 mines that employ between 6 and miner begins work. The mines affected MSHA estimates that for each mine, a 19 workers; and by this provision are— mine supervisor, earning $36 per hour, (3) 285 mines that employ 20 or more (1) 3,361 mines that employ 5 or fewer would take 3 hours to prepare for the workers. workers; task training. MSHA further estimates MSHA estimates that a clerical (2) 1,467 mines that employ between 6 and that the average number of training worker, earning $17 per hour, would 19 workers; and sessions the mine supervisor would take 0.1 hours to photocopy and file the (3) 285 mines that employ 20 or more provide annually are— workers. training plan. The one-time costs are (1) 0.91 sessions for mines that employ 5 annualized using an annualization MSHA estimates that it would take a or fewer workers; factor of 0.07. mine supervisor, earning $36 per hour, (2) 0.94 sessions for mines that employ Paragraph (a) of § 46.5 requires you to 1 hour annually to prepare to give the between 6 and 19 workers; and provide each new miner with no less experienced miner training. MSHA (3) 2.02 sessions for mines that employ 20 than 24 hours of training. Miners who further estimates that the average or more workers. have not received the full 24 hours of number of training sessions the mine On average, each training session is new miner training must work under supervisor would provide annually estimated to last 8 hours. the close supervision of an experienced are— Paragraph (a) of § 46.9 requires you, miner. The mines affected by this upon completion of each training (1) 0.45 sessions for mines that employ 5 provision are— or fewer workers; program, to record and certify on MSHA (1) 3,361 mines that employ 5 or fewer (2) 0.63 sessions for mines that employ Form 5000–23, or on a form that workers; between 6 and 19 workers; and contains the required information, that (2) 1,467 mines that employ between 6 and (3) 0.81 sessions for mines that employ 20 the miner has completed the training. 19 workers; and or more workers. False certification that training was
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.004 pfrm02 PsN: 14APP2 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules 18501 completed is punishable under § 110(a) that will allow the continued storage proposed rule on mines with 20 or more and (f) of the Act. For all records and retrieval of records in the year 2000. employees, mines with 6–19 employees, required to be kept in §§ 46.5, 46.6, 46.7, MSHA solicits comment on what and mines with 1–5 employees. MSHA and 46.8, MSHA estimates that for each actions would be required, if any, to has determined that this proposed rule mine, a mine supervisor, earning $36 facilitate the maintenance of records in would not impose a substantial cost per hour, would take 0.05 hours to electronic form by those mine operators increase on small mines. record and certify each miner’s training who desire to do so, while ensuring MSHA has prepared a Preliminary record. In addition, it would take a access in accordance with these Regulatory Economic Analysis (PREA) clerical worker, earning $17 per hour, requirements. and Regulatory Flexibility Certification 0.05 hours to prepare, copy, and Paragraph (a) of § 46.11 requires you Statement to fulfill the requirements of distribute the certificate. to provide site-specific hazard training E.O. 12866 and the Regulatory The annual number of training to— Flexibility Act. This PREA is available records required to be kept under § 46.5 (1) Scientific workers; from MSHA upon request and is posted (New miner training) are— (2) Delivery workers and customers; on our Internet Homepage at (3) Occasional, short-term maintenance or www.msha.gov. (1) 1,537 in mines that employ 5 or fewer service workers, or manufacturers’ workers; representatives; and Regulatory Flexibility Certification (2) 1,877 in mines that employ between 6 (4) Outside vendors, visitors, office or staff Statement and 19 workers; and personnel who do not work at the mine site Based on MSHA’s analysis of costs (3) 940 in mines that employ 20 or more on a continuing basis. workers. and benefits, the Agency certifies that The annual number of non-miners to this proposed rule would not impose a The annual number of training be trained are— significant economic impact on a records required to be kept under § 46.6 substantial number of small entities. (Newly-hired experienced miner (1) 50 non-miners in each of the 3,361 mines that employ 5 or fewer workers; Factual Basis for Certification training) are— (2) 100 non-miners in each of the 1,467 (1) 1,516 in mines that employ 5 or fewer mines that employ between 6 and 19 General approach: The Agency’s workers; workers; and analysis of impacts on ‘‘small entities’’ (2) 1,856 in mines that employ between 6 (3) 200 non-miners in each of the 285 begins with a ‘‘screening’’ analysis. The and 19 workers; and mines that employ 20 or more workers. screening compares the estimated (3) 930 in mines that employ 20 or more No record is required for this type of compliance costs of the proposed rule workers. training. The burden is for the time the for small mine operators in the affected The annual number of training miner takes to provide the training. sector to the estimated revenues for that records required to be kept under § 46.7 MSHA estimates that for each mine, a sector. When estimated compliance (New task training) are— miner, earning $23 per hour, would take costs are less than 1 percent of 0.15 hours annually, on average, to estimated revenues (for the size (1) 18,446 in mines that employ 5 or fewer categories considered) the Agency workers; provide hazard training. (2) 41,273 in mines that employ between believes it is generally appropriate to III. Executive Order 12866 and conclude that there is no significant 6 and 19 workers; and Regulatory Flexibility Act (3) 41,380 in mines that employ 20 or more impact on a substantial number of small workers. Executive Order (E.O.) 12866 requires entities. When estimated compliance that regulatory agencies assess both the costs approach or exceed 1 percent of The annual number of training costs and benefits of intended revenue, it tends to indicate that further records required to be kept under § 46.8 regulations. Based upon the economic analysis may be warranted. The Agency (Annual refresher training) are— analysis, we have determined that this welcomes comment on its approach in (1) 6,149 in mines that employ 5 or fewer proposed rule is not an economically this regard. workers; significant regulatory action pursuant to Derivation of costs and revenues: In (2) 13,758 in mines that employ between section 3(f)(1) of E.O. 12866. MSHA the case of this proposed rule, because 6 and 19 workers; and does consider the proposed rule to be the compliance costs must be absorbed (3) 13,793 in mines that employ 20 or more workers. significant under section 3(f)(4) of the by the nonmetal mines affected by this E.O. because of widespread interest in rule, the Agency decided to focus its During the public meetings, numerous the rule, and has submitted the proposal attention exclusively on the relationship commenters stated that records should to OMB for review. between costs and revenues for these not have to be retained at the mine site. The Regulatory Flexibility Act (RFA) mines, rather than looking at the entire MSHA agrees and the proposed rule requires regulatory agencies to consider metal and nonmetal mining sector as a provides that records are not required to a rule’s impact on small entities. Under whole. be maintained at the mine site, and the RFA, MSHA must use the Small In deriving compliance costs there therefore can be electronically filed in a Business Administration’s (SBA) were areas where different assumptions central location, so long as the records definition for a small mine of 500 or had to be made for small mines in are made available to the authorized fewer employees or, after consultation different employment sizes in order to representative of the Secretary upon with the SBA Office of Advocacy, account for the fact that the mining request within a reasonable time, in establish an alternative definition for operations of small mines are not the most cases one day. the mining industry by publishing that same as those of large mines. For Although the proposed rule does not definition in the Federal Register for example, different assumptions for mine require backing up the data, some notice and comment. In this proposed size categories were used to derive means are necessary to ensure that rule, none of the affected mines have compliance costs concerning: the electronically stored information is not 500 or more employees. Therefore for number of persons trained per mine and compromised or lost. MSHA encourages the purposes of the RFA, all of the the number of training sessions a mine mine operators who store records affected mines are considered small. would have annually. In determining electronically to provide a mechanism MSHA has analyzed the impact of the revenues for the nonmetal mines
VerDate 23-MAR-99 15:56 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\14APP2.XXX pfrm01 PsN: 14APP2 18502 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules affected by this rulemaking, MSHA this rule that have 20 or more workers, there is no such impact for small multiplied the production data (in tons) the estimated costs of the rule as a entities that mine the commodities that by the price per ton of the commodity. percentage of their revenues are 0.03 are covered by this rule. The Agency welcomes comment on percent. Finally, for all nonmetal mines As required under the law, MSHA is sources that can help it more accurately covered by this rule (which are mines complying with its obligation to consult estimate revenues for the final rule or that have 500 or less workers), the other rules confined to this sector. with the Chief Counsel for Advocacy on estimated costs of the rule as a this proposed rule, and on the Agency’s Results of screening analysis. As percentage of their revenues are 0.09 shown in Table V–1 with respect to the certification of no significant economic percent. nonmetal mines affected by this rule impact on the mines affected by this that have 1 through 5 workers, the In every case, the impact of the rule. Consistent with Agency practice, estimated costs of the rule as a proposed compliance costs is notes of any meetings with the Chief percentage of their revenues are 0.30 substantially less than 1 percent of Counsel’s office on this proposed rule, percent. For nonmetal mines covered by revenues, well below the level or any written communications, will be this rule that have 6 through 19 workers, suggesting that the proposed rule might placed in the rulemaking record. The the estimated costs of the rule as a have a significant impact on a Agency will continue to consult with percentage of their revenues are 0.13 substantial number of small entities. the Chief Counsel’s office as the percent. For nonmetal mines covered by Accordingly, MSHA has certified that rulemaking process proceeds.
TABLE V±1.ÐEXEMPT NONMETAL MINES COVERED BY THE PROPOSED RULE a [Dollars in thousands]
Estimated Estimated Costs as per- Employment size b centage of costs revenues revenues
(1±5) ...... 5,857 1,949,366 0.30 (6±19) ...... 5,883 4,555,543 0.13 (20 or more) ...... 3,154 9,756,081 0.03 All Minesc ...... 14,894 16,260,990 0.09 a All mines covered by the proposed rule are surface mines. b Data for revenues derived from U.S. Department of the Interior/U.S. Geological Survey. Mining and Quarrying Trends, 1997 Annual Review. 1997. Tables 2 and 3. c Every mine affected by rule has 500 or fewer employees.
Compliance Costs based on the number of employees, mine would be approximately $1,700 MSHA estimates that the total net cost which are relevant to the estimation of annually. For the 1,357 exempt mines of the proposed new 30 CFR part 46 the cost of the proposed rule: (1) Mines with 20 or more employees, MSHA training requirements would be employing 5 or fewer workers; (2) mines estimates that the average cost of the approximately $16.2 million annually, employing between 6 and 19 workers; proposed rule per mine would be of which about $14.9 million would be and (3) mines employing 20 or more approximately $2,300 annually. borne by mine operations in the workers. These mine categories are These costs per mine may be slightly following surface nonmetal mining important because they are believed to misleading insofar as the exempt mines have significantly different compliance sectors: shell dredging, sand, gravel, currently in compliance with part 48 rates for existing part 48 training stone, clay, colloidal phosphate, and training requirements would also be requirements. For this proposed rule, limestone. Since fiscal year 1980, substantially in compliance with the MSHA estimates that the following Congress has prohibited MSHA from proposed rule and would therefore percentages of exempt mines by size enforcing existing MSHA health and incur no compliance costs. In fact, as category are currently not in compliance safety training regulations in 30 CFR noted above, these mines would derive with existing part 48 requirements: 60 part 48 at mines (‘‘exempt mines’’) in savings of approximately $2.1 million percent of mines with 5 or fewer these sectors of the surface nonmetal annually as a result of the proposed workers; 40 percent of mines with mining industry. The exempt mines that rule. For the exempt mine operators between 6 and 19 workers; and 20 are not currently in compliance with the (including independent contractors that percent of mines with 20 or more existing part 48 training requirements employ miners) not currently in would incur costs of approximately $17 workers. In 1997, there were 10,152 exempt compliance with part 48 training million annually to comply with the requirements, the annual cost of proposed rule, while those currently in mines covered by the proposed rule. complying with the proposed rule compliance with the existing part 48 MSHA estimates that the average cost would, on average, be approximately training requirements would derive per exempt mine to comply with the $1,800 per mine operator with 5 or savings of approximately $2.1 million proposed rule would be approximately fewer workers; $4,400 per mine operator annually. $1,500 annually. For the 5,297 exempt Over the past 20 years, MSHA has mines with 5 or fewer workers, MSHA with between 6 and 19 workers; and consistently categorized a mine as being estimates that the average cost of the $15,500 per mine operator with 20 or small if it employs fewer than 20 proposed rule per mine would be more workers. workers and as being large if it employs approximately $1,100 annually. For the Table IV–1 from the PREA 20 or more workers. For the purposes of 3,498 exempt mines with between 6 and summarizes the yearly costs of the this PREA, however, MSHA has 19 employees, MSHA estimates that the proposed rule by mine size and by identified three mine size categories average cost of the proposed rule per provision.
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TABLE IV±1.ÐSUMMARY OF YEARLY COMPLIANCE COSTS FOR THE PROPOSED RULE *
Mines with 1±5 Mines with 6± Mines with 20+ Total cost for all Total cost for Requirement/provision employees 19 employees employees mines other parties Total cost
§ 46.3 ...... $18,567 $8,102 $3,013 $29,682 $841 $30,523 § 46.5 ...... 2,431,069 1,943,402 762,385 5,136,856 ...... 5,136,856 § 46.6 ...... 389,353 281,137 99,589 770,079 ...... 770,079 § 46.7 ...... 225,783 450,693 441,197 1,117,672 ...... 1,117,672 § 46.8 ...... 2,131,047 2,520,492 1,482,488 6,134,027 ...... 6,134,027 § 46.9 ...... 81,563 173,352 168,280 423,195 ...... 423,195 § 46.11 ...... 579,807 506,046 196,788 1,282,641 1,282,641 2,565,282
Total ...... 5,857,188 5,883,255 3,153,740 14,894,153 1,283,482 16,177,635 * Source: Table IV±12, Table IV±17, Table IV±19, Table IV±20; Table IV±23, Table IV±25, and Table IV±26.
Benefits Similarly, MSHA believes that V. Unfunded Mandates Reform Act of Safety and health professionals from compliance with the requirements of 1995 all sectors of industry recognize that this proposed training rule would, in We have determined that, for training is a critical element of an turn, reduce the number of fatalities at purposes of section 202 of the Unfunded effective safety and health program. exempt mines. As discussed in greater Mandates Reform Act of 1995, this Training informs miners of safety and detail in Chapter III of the PREA, MSHA proposed rule does not include any health hazards inherent in the estimates that compliance with the federal mandate that may result in workplace and enables them to identify proposed rule would prevent about 10 increased expenditures by State, local, and avoid such hazards. Training fatalities per year. Although not or tribal governments in the aggregate of becomes even more important in light of quantified, MSHA further expects that more than $100 million, or increased certain factors that can exist when better trained exempt miners would expenditures by the private sector of production demands increase, such as have a positive impact on reducing more than $100 million. Moreover, the an influx of new and less experienced mining accidents, injuries, and Agency has determined that for miners and mine operators; longer work illnesses. MSHA believes that this purposes of section 203 of that Act, this hours to meet production demands; and proposed rule would make training proposed rule does not significantly or increased demand for contractors who more responsive to the needs of the uniquely affect these entities. may be less familiar with the dangers on industry and more effective for Background mine property. individual miners, thereby raising the Although there may be some compliance rate and reducing mine The Unfunded Mandates Reform Act differences in production technology injuries and fatalities. was enacted in 1995. While much of the and the production environment Act is designed to assist the Congress in between the exempt mining industry IV. Executive Order 12875: Enhancing determining whether its actions will and other surface nonexempt mining the Intergovernmental Partnership impose costly new mandates on State, industries, the data presented in Executive Order (E.O.) 12875 requires local, and tribal governments, the Act Chapter III of the PREA show that the executive agencies and departments to also includes requirements to assist lack of training in exempt mines reduce unfunded mandates on State, federal agencies to make this same contributes significantly to the local, and tribal governments; to consult determination with respect to regulatory disproportionate number of fatalities with these governments prior to actions. that occur at such mines. From 1993 to promulgation of any unfunded mandate; Analysis 1997, there were 200 fatalities at surface and to develop a process that permits Based on the analysis in the Agency’s mines, of which 163 occurred at exempt meaningful and timely input by State, mines. Thus, exempt mines accounted PREA, the net compliance cost of this local, and tribal governments in the for 82 percent of all fatalities at surface proposed rule for the surface nonmetal development of regulatory proposals mines. During the same period, mine operators is about $14.9 million containing a significant unfunded however, employees at exempt mines per year. Accordingly, there is no need mandate. E.O. 12875 also requires accounted for only 64 percent of the for further analysis under section 202 of executive agencies and departments to total number of hours worked at surface the Unfunded Mandates Reform Act. increase flexibility for State, local, and mines. MSHA has concluded that small tribal governments to obtain a waiver One of the major reasons that exempt governmental entities are not from Federal statutory or regulatory mines experience a higher fatality rate significantly or uniquely impacted by than the surface mining industry as a requirements. the proposed regulation. MSHA whole is that smaller operations, those There are 152 sand and gravel, surface estimates that approximately 185 sand which employ fewer than 20 workers, limestone, and stone operations that are and gravel, surface limestone, and stone make up the vast majority of exempt run by State, local, or tribal operations are run by State, local, or mines. These small operations have the governments for the construction and tribal governments. The Agency believes highest rates of noncompliance with repair of highways and roads. We that all of these state-owned mines are part 48 training and, not surprisingly, believe that all of these state-owned in compliance with the proposed rule’s the highest fatality rates. mines are in compliance with the provisions. It is plausible to assert that at least proposed rule’s provisions. The Agency When MSHA issues the proposed some of these fatalities may have been specifically solicits comments and any rule, we will affirmatively seek input of prevented if victims had received data to either support or refute this any State, local, and tribal government appropriate, basic miner safety training. assumption. which may be affected by this
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.008 pfrm02 PsN: 14APP2 18504 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules rulemaking. This would include state Neither the 1969 Coal Act nor the IX. General Discussion and local governmental entities that 1966 Metal Act contained Crushed stone and sand and gravel operate sand and gravel, surface comprehensive requirements for health account for the majority of operations limestone, and stone operations in the and safety training of miners. However, where we cannot enforce training construction and repair of highways and in the 1977 Mine Act, Congress clearly requirements. The United States roads. MSHA will mail a copy of the recognized training as an important tool Geological Survey, United States proposed rule to approximately 185 for preventing accidents and avoiding Department of the Interior (USGS), such entities. unsafe and unhealthful working derives domestic production data for conditions in the nation’s mines. VI. Executive Order 13045: Protection crushed stone and sand and gravel from Consistent with this determination, of Children from Environmental Health voluntary surveys of U.S. producers. section 115 of the 1977 Act directed the Risks and Safety Risks USGS makes these data available in Secretary of Labor to promulgate quarterly Mineral Industry Surveys and In accordance with E.O. 13045, regulations requiring that mine in annual Mineral Commodities MSHA has evaluated the environmental operators subject to the Act establish a Summaries. Annual crushed stone health and safety effects of the proposed safety and health training program for tonnage ranks first in the nonfuel rule on children. MSHA has determined their miners. minerals industry, with annual sand that the proposed rule would have no MSHA published regulations in 30 and gravel tonnage ranking second. effect on children. CFR part 48 on October 13, 1978 (43 FR USGS data show that domestic VII. Executive Order 13084 47453), implementing section 115 of the production of sand and gravel and (Consultation and Coordination With 1977 Mine Act. At that time, certain crushed stone increased every year Indian Tribal Governments) segments of the mining industry between 1991 and 1999, an indication of strongly believed that the new training the continuing strong demand for MSHA certifies that the proposed rule regulations were designed for large and construction aggregates in the United would not impose substantial direct highly technical operations and, States. compliance costs on Indian tribal therefore, were inappropriate and The number of hours worked at sand governments. impractical for smaller surface nonmetal and gravel and crushed stone operations VIII. Statutory and Rulemaking mines. Industry representatives has been increasing steadily since 1991. Background expressed their concern over the In 1991, the hours worked at crushed difficulties that many small nonmetal stone operations totaled approximately Until 1977, the metal and nonmetal operators would have in complying 104 million employee-hours, rising to mining industries and the coal mining with part 48 and requested relief from 117 million employee-hours in 1997. industry were covered by separate its comprehensive specifications. Similarly, the number of employee- occupational health and safety statutes. hours at sand and gravel operations rose The Federal Coal Mine Health and In 1979, various segments of the metal and nonmetal mining industry raised from approximately 65 million in 1991 Safety Act of 1969 (1969 Coal Act) to 72 million in 1997. Based on hours governed the coal mining industry. The concerns with Congress regarding the appropriateness of applying the reported for the first nine months of Federal Metal and Nonmetallic Mine 1998, the total hours worked for 1998 Safety Act of 1966 (1966 Metal Act) requirements of part 48 to their operations. Congress responded by will exceed the total hours worked in governed the metal and nonmetal 1997. Although some of the increase in mining industries. The 1966 Metal Act inserting language in the Department of Labor’s appropriations bill that hours worked may result from longer was the first federal statute directly workdays, the data strongly suggest that regulating non-coal mines. The 1969 prohibited the expenditure of appropriated funds to enforce training the aggregates industry workforce is Coal Act authorized promulgation of growing. mandatory safety and health standards requirements at approximately 10,200 surface nonmetal work sites. Congress Crushed stone and sand and gravel for coal mines, but the safety and health are essential and used widely in all regulations promulgated under the 1966 has inserted this language into each Department of Labor appropriations bill major construction activities, including Metal Act for metal and nonmetal mines highway, road, and bridge construction were largely advisory. since fiscal year 1980. This language specifically prohibits the use of and repair projects, as well as Passage of the Federal Mine Safety appropriated funds to: residential and nonresidential and Health Act of 1977 (1977 Act), 30 construction. Although crushed stone is U.S.C. 801 et seq.— * * * carry out § 115 of the Federal Mine also used as a basic raw material in Safety and Health Act of 1977 or to carry out (1) placed coal mines and metal and agricultural, and chemical and that portion of § 104(g)(1) of such Act relating metallurgical processes, it is used nonmetal mines under a single statute; to the enforcement of any training (2) substantially increased the health and mostly by the construction industry. requirements, with respect to shell dredging, safety protections afforded all miners, but or with respect to any sand, gravel, surface The construction industry also is by far particularly metal and nonmetal miners; and stone, surface clay, colloidal phosphate, or the largest consumer of sand and gravel. (3) applied to all mining and mineral surface limestone mine. Consequently, the level of construction processing operations in the United States, activity largely determines the demand regardless of size, number of employees, or This language remains in place under for, and resulting production levels of, method of extraction. our appropriations contained in the these aggregate materials. Thus, the Mine Safety and Health Omnibus Appropriations Act for 1999, On June 9, 1998, President Clinton Administration (MSHA), the agency P.L. 105–277, signed by the President on signed the Transportation Equity Act for charged with carrying out the mandates October 21, 1998. The 1999 training the 21st Century, commonly known as of the 1977 Mine Act, regulates and rider, however, authorizes us to expend ‘‘TEA–21’’ (Pub. L. 105–178), which inspects two-person sand and gravel funds to propose and promulgate final authorizes highway, highway safety, pits, as well as large underground coal training regulations by September 30, transit, and other surface transportation mines and processing plants employing 1999, for operations affected by the programs for the fiscal years 1998 to hundreds of miners. prohibition. 2003. The demand for materials
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Congress recognizes the high priority significant part, transportation Several other reasons may contribute that employee safety and health training infrastructure construction resulting to the number of fatal accidents, should have for the mining industry. from the recent enactment of TEA–21. including— However, Congress also notes that both TEA–21 builds on the initiatives (1) An influx of new and less experienced we and the industries affected by the established in the Intermodal Surface miners and mine operators; rider acknowledge that existing part 48 Transportation Efficiency Act of 1991 (2) Longer work hours to meet production regulations do not address either the (ISTEA), which was the last major demands; and industries’ or miners’ needs in the most authorizing legislation for surface (3) Increased demand for contractors who effective manner. In the Report, transportation. As the largest public may be less familiar with the dangers on Congress reaffirms the priority to works legislation in the nation’s history, mine property. All of these factors are also provide health and safety training for appropriating almost $218 billion for more likely to exist when production activity miners and directs us to expeditiously highway and transit programs, TEA–21 accelerates to meet increases in demand. develop appropriate training regulations provides a 40 percent funding increase We believe that some of these for miners working in these industries. over the ISTEA levels for such fatalities may have been prevented if The Conference Report also specifies programs. victims had received appropriate, basic that we must submit a progress report In addition to the passage of TEA–21, miner safety training. Our fatal accident on the training regulations before other factors may also contribute to the investigations show that the majority of appropriations hearings on our fiscal continued growth in construction miners involved in fatal accidents at year 2000 budget and that we work activity and, thus, the demand for mines affected by the rider had not cooperatively with labor and industry aggregate materials. These include a received health and safety training that representatives to disseminate healthy U.S. economy in general, low complied with the requirements of part information on the revised training interest rates, and adverse weather 48. In 1997, for example, 80% of fatal requirements in the period between the conditions, such as from El Nin˜ o and La accident victims at exempt mines had publication of the final rule and its Nin˜ a, which have damaged and not received health and safety training effective date. destroyed homes, roads, and bridges in in accordance with part 48. The Conference Report language various parts of the country. Safety and health professionals from specifically instructs us to: Since fiscal year 1980, the year in all sectors of industry recognize that which the congressional appropriations ** * work with the affected industries, training is a critical element of an rider took effect, more than 600 miners mine operators, workers, labor organizations, effective safety and health program. and other affected and interested parties to have been killed in occupationally Training of new employees, refresher promulgate final training regulations for the related incidents at mines where we training for experienced miners, and affected industries by September 30, 1999. It cannot enforce miner training training for new tasks serve to inform is understood that these regulations are to be requirements (‘‘exempt mines’’). The based on a draft submitted to MSHA by the workers of safety and health hazards rider affects approximately 10,200 Coalition [for Effective Miner Training] no inherent in the workplace and, just as surface nonmetal mines and 120,000 later than February 1, 1999. important, to enable workers to identify miners. Approximately 9,200 of these H.R. Rep. No. 105–825 for H.R. 4328, and avoid those hazards. Congress sites are surface aggregate operations 105th Cong., 2d Sess. (1998). clearly recognized these principles by (sand and gravel and crushed stone); the The Coalition for Effective Miner specifically including training remainder are surface operations mining Training (Coalition) consists of provisions in the 1977 Mine Act. other commodities such as clay or associations that represent industries colloidal phosphate. The legislative history to the 1999 currently exempt from miner training Our data indicate that, of the 200 Appropriations Act reveals requirements. Coalition members miners involved in fatal accidents at congressional concern with our inability include: surface metal and nonmetal mines from to enforce training requirements for the American Portland Cement Alliance 1993 to 1997, about 80% (163 miners) exempt industries. The Senate Report associated with the Senate China Clay Producers Association worked at exempt mines. During this Dry Branch Kaolin Company same period, the annual number of fatal appropriations bill for fiscal year 1999 Georgia Crushed Stone Association accidents at exempt mines almost states: Georgia Mining Association doubled (from 24 fatalities in 1993 to 45 The Committee has continued language Indiana Mineral Aggregates Association fatalities in 1997). In each of the years carried in the bill since fiscal year 1980 National Aggregates Association 1996 and 1997, 90% of fatalities at prohibiting the use of funds to carry out the National Industrial Sand Association training provisions of the Mine Act with National Lime Association surface metal and nonmetal mines National Stone Association occurred at operations affected by the respect to shell dredging, or with respect to any sand, gravel, surface stone, surface clay, North Carolina Aggregates Association appropriations rider. Arizona Rock Products Association A large proportion of exempt mines colloidal phosphate, or surface limestone mine. The Committee recommends including Construction Materials Association of are smaller operations, which this language for another year. However, the California experience a higher fatality rate than Committee finds the agency’s data regarding Sorptive Minerals Institute larger operations. For example, of the the number of untrained workers in these United Metro Materials 9,200 aggregate mines, approximately industries who are exposed to the risks and Virginia Aggregates Association 4,900 employ five or fewer miners, and hazards associated with the mining In 1998, the Coalition initiated a approximately 8,100 employ fewer than environment disturbing. Therefore, the process to outline an alternative 20 miners. Long-term data show that Committee intends for fiscal year 1999 to be regulatory approach to part 48 for miner mines with fewer than six employees the last year this provision will be contained training in the exempt industries. This are three times as likely to experience in the bill. process included working with industry fatalities as mines with 20 or more S. Rep. No. 105–300 for S. 2440, 105th and labor organizations during the workers. Also, mines with between six Cong., 2d Sess., (1998). course of the development of its
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.010 pfrm02 PsN: 14APP2 18506 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules proposal. On February 1, 1999, the programs to your particular operations form approved by the Secretary, that the congressionally established deadline, and workforce. Several speakers miner has received the specified training in the Coalition presented us with a final underscored the need for practical and each subject area of the approved health and safety training plan; joint industry/labor draft proposed rule. workable training requirements to meet • To facilitate the broadest possible the needs of the wide variety of mines A certificate for each miner must be maintained by the operator, and be available input from the regulated public, we held that will be affected by the new training for inspection at the mine site; seven preproposal public meetings rule. Others commented on training for • A copy of the certificate must be given throughout the country in December employees of independent contractors to each miner at the completion of the 1998 and January 1999 to solicit working on mine property, training; comments on development of the miner recordkeeping requirements, and • When a miner leaves the operator’s training rule for exempt mines. We appropriate qualifications for persons employ, the miner is entitled to a copy of his selected meeting locations in California, who will provide training. In addition, or her health and safety training certificates; • Colorado, Georgia, Illinois, New York, speakers at every meeting commented False certification by an operator that Oregon, and Texas to provide as many on the need for consistent training was given is punishable under miners, miners’ representatives, and implementation of the final training rule section 110(a) and (f) of the 1977 Mine Act; and mine operators, both large and small, and the increased involvement of • Each health and safety training with the opportunity to attend at least MSHA and the state grantees in certificate must indicate on its face, in bold one of the meetings and present their providing training assistance and letters, printed in a conspicuous manner, that views. The public was encouraged to materials. such false certification is so punishable. comment on any issue related to miner X. Discussion of the Proposed Rule The proposed training rule takes a safety and health training at exempt performance-oriented approach, where mines. The Federal Register notice A. Statutory Requirements possible, to afford currently exempt announcing the schedule of public Section 115(a) of the 1977 Act operations, particularly small meetings (63 FR 59258, November 3, authorizes the Secretary of Labor to operations, the flexibility to tailor miner 1998) listed key issues on which we promulgate miner health and safety training to their particular needs and were specifically interested in receiving training regulations; section 115(a), (b), methods of operation. For example, the comments. The issues included: and (c) also include minimum proposal would give you the latitude to • Should certain terms, including ‘‘new requirements for miner training choose many of the topics addressed in miner’’ and ‘‘experienced miner’’ be defined? programs. The training regulations • training and the amount of time to be Which subjects should be taught before proposed here for miners working at spent on each topic. Also it would allow a new miner is assigned work, even if the shell dredging, sand, gravel, surface work is done under close supervision? you to keep training records in a format • Should training for inexperienced stone, surface clay, colloidal phosphate, of your choice, as long as the records miners be given all at once, or over a period and surface limestone operations are include the minimum information of time, such as several weeks or months? consistent with these minimum specified in the rule. • Should supervisors be subject to the requirements, which provide among same training requirements as miners? other things, that: B. Summary of Proposed Rule • Should task training be required • Each operator must have a health and We currently anticipate that the part whenever a miner receives a work 46 final rule will be consistent with assignment that involves new and unfamiliar safety program approved by the Secretary of Labor; existing part 48 training requirements, tasks? • • Should specific subject areas be covered Each approved training program for new so that those of you who have during annual refresher training? If so, what surface miners must provide for at least 24 implemented a safety and health subject areas should be included? hours of training in certain specific courses, training program that complies with • including: Can the 8 hours of annual refresher • part 48 would not have to alter your training required by the Mine Act be The statutory rights of miners and their representatives under the Act; programs to comply with proposed part completed in segments of training lasting less 46. However, we request comment on than 30 minutes? Use of self-rescue and respiratory devices, • Should the records of training be kept by where appropriate; whether the final rule should the mine operator at the mine site, or can Hazard recognition; specifically allow you the option of they be kept at other locations? Emergency procedures; complying with the requirements of part • Should there be minimum qualifications Electrical hazards; 48, in lieu of part 46. First aid; for persons who conduct miner training? If The proposed rule would require you so, what qualifications are appropriate? Walkaround training; and The health and safety aspects of the task to develop and implement a written More than 220 individuals, including to which the miner will be assigned; training plan that includes programs for representatives from the Coalition, • Each approved training program must training new and experienced miners, labor, contractors, mining associations, provide for at least eight hours of refresher training miners for new tasks, annual training every 12 months for all miners; refresher training, and hazard training. State agencies, small and large • operators, and trainers, attended the Miners reassigned to new tasks must Plans that include the minimum receive task training prior to performing that information specified in the proposal meetings. Many of the attendees made task; oral presentations at the meeting, • New miner training and new task would be considered approved by us offering their views on effective miner training must include a period of training as and would not be required to be training. In addition, we have received closely related as is practicable to the miner’s submitted to us for formal review, a number of written comments on how work assignment; unless you, the miners, or miners’ to ensure effective miner safety and • Training must be provided during representative requests it. normal working hours; health training. • The proposal would require new Speakers at the public meetings and During training, miners must be paid at miners to receive 24 hours of training their normal rate of compensation and other commenters generally emphasized reimbursed for any additional cost for within 60 days of employment. the importance of developing a training attending training; Instruction in four specific areas must rule that provides you with the • Upon completion of each training be provided before the miner begins flexibility to tailor your miner training program, each operator must certify, on a work—
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(1) Introduction to the work environment; Unlike part 48, we would not approve enforcement under the rider and would (2) Recognition and avoidance of hazards training instructors under the proposal. be affected by the requirements of this at the mine; Instead, training could be provided by a rule. (3) Escape and emergency evacuation plans competent person—someone with Several commenters were of the in effect at the mine, and firewarning signals opinion that the new training and firefighting procedures; and sufficient ability, training, knowledge, (4) Health and safety aspects of the tasks or experience in a specific area, who regulations for mines that are currently to be assigned. would also be able to evaluate the exempt from enforcement should be effectiveness of the training provided. incorporated into part 48. However, to The remainder of new miner training The proposal would adopt the Mine avoid confusion, we have proposed would be required to be completed Act requirement that miners be trained these regulations under a separate part within 60 days, and would address, at during normal work hours and of Title 30 of the Code of Federal a minimum, the subjects specified in compensated at normal rates of pay. Regulations. section 115 of the Mine Act. Miners would also be reimbursed for Although the requirements of this Under the proposal, newly-hired incidental costs, such as mileage, meals, proposed part would amend the training experienced miners would receive and lodging, if training is given at a requirements for surface miners in part instruction, before beginning work, in location other than the normal place of 48, part 48 has not been enforced at the same four topics required to be work. exempt mines for almost 20 years. The covered for new miners before they The proposal would allow you, where proposed rule takes a more flexible and begin work. Newly-hired experienced appropriate, to substitute equivalent performance-oriented approach than miners would receive annual refresher training required by OSHA or other similar provisions in part 48. For training within 90 days, including federal or state agencies to satisfy your example, the proposed rule would not instruction on several specific topics. training obligations under part 46. require our traditional approval of Every 12 months, all miners would Finally, the proposal would address training plans; would give you greater receive no less than eight hours of responsibility for training and would latitude in determining what subjects refresher training, which at a minimum vest primary responsibility for site- should be included in your miner would address major changes at the specific hazard training with the training programs and in recordkeeping; mine. Under the proposal, you would production-operator. Additionally, and would not mandate a formal have the flexibility to determine the independent contractors who employ instructor approval program. We are mindful of our statutory other subject areas to be covered in miners required to receive obligation not to reduce the protections refresher training. comprehensive training under the proposal would be primarily provided to miners under our existing The proposal would require new task standards. Under section 101(a)(9) of the training for every miner before the responsible for ensuring that their employees satisfy these requirements. 1977 Act, ‘‘[n]o mandatory health or miner is assigned to a task for which he safety standard promulgated under this or she has no previous experience or C. Section-by-Section Discussion title shall reduce the protection afforded which has changed. Site-specific hazard The following section-by-section miners by an existing mandatory health training would be required for persons portion of the preamble discusses each or safety standard.’’ Although the who do not fall within the definition of proposed provision. The text of the proposal would allow greater flexibility ‘‘miner’’ and who would therefore not proposed rule is included at the end of to you in training plan content and be required to receive comprehensive the document. implementation, protection to miners training (i.e., new miner training or would not be reduced. Our approach in newly-hired experienced miner training, Section 46.1 Scope this proposal is to allow you, with the as appropriate). The proposal would This section provides that the assistance of miners and their also require site-specific hazard training provisions of part 46 set forth representatives, to tailor your miner for employees of independent mandatory requirements for the training training programs to the specific needs contractors who have received and retraining of miners at all shell of your operations and workforce. In comprehensive training but who need dredging, sand, gravel, surface stone, this way, training received by miners orientation in the hazards of the mine surface clay, colloidal phosphate, or would be relevant to their workplace where they will be working. surface limestone mines. and would be effective in providing You would be required to certify that Corresponding changes for part 48 them with the information and a miner has received required training have been included in this proposal and instruction that will enhance their and retain a copy of each miner’s are intended to make clear to the mining ability to work in a safe and healthful certificate for the duration of the miner’s community that part 46 training manner. Several commenters stated that employment and for 12 months after the requirements will apply at those mines the flexibility to design their training employment ends. Under the proposal, which have been subject to the programs to address the most significant you could use our existing form for the congressional appropriations rider since safety and health concerns at their certification (MSHA Form 5000–23) or fiscal year 1980. This section is mines would enhance the overall maintain the certificate in another consistent with a similar provision in benefits of training for their miners. format, so long as it contains the the draft proposal of the Coalition for It should be noted that this proposal minimum information listed in the Effective Miner Training. does not affect those mines not subject proposal. You would also be required to Commenters should be aware that the to the rider, which would include all maintain a copy of the current training language of the rider describes the underground metal and nonmetal plan in effect at the mine. You would be exempt operations in broad terms. It mines, all surface metal mines, all coal allowed the flexibility of keeping does not attempt to list each type of mines, and a few surface nonmetal training records at the mine site or at a operation that is included within the mines, such as surface boron and talc different location, but would be category listed. For example, operations mines. Operators at those mines will required to provide copies of the records that produce marble, granite, sandstone, continue to be responsible for to us and to miners and their slate, shale, traprock, kaolin, cement, complying with the miner training representatives upon request. feldspar, and lime are also exempt from provisions in part 48.
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Section 46.2 Definitions miner be considered experienced if he voluntary option for those of you who This section includes definitions for or she either has received new miner want to get an early start on developing terms used in proposed part 46. These training or has accumulated at least 12 a training program and in complying definitions are provided to assist the months of mining experience or the with the rule. Under paragraph (c)(1)(iii) a person mining community in understanding equivalent. One commenter stated that who has completed 24 hours of new the requirements of the proposed rule. the definition of experienced miner miner training under either § 46.5 or We are interested in comments on should allow miners with experience to § 48.25 and who has at least 12 months whether the definitions, as proposed, return to mining after an extended of surface mining or equivalent are appropriate and clearly expressed. absence or lay-off and still be considered experienced. experience would be an experienced Commenters should also identify any A miner would be ‘‘experienced’’ miner. This definition is more stringent other terms they believe should be under the proposal if he or she satisfies than the approach suggested by a defined in the final rule. one of three definitions. First, paragraph number of commenters or in the Act. All references to the ‘‘Act’’ in the (c)(1)(i) provides that an experienced Coalition draft, which would define proposal refer to the Federal Mine miner is a person employed as a miner ‘‘experienced miner’’ as a person who Safety and Health Act of 1977, 30 U.S.C. on the date of publication of this either has 12 months of experience or 801 et seq. proposal. Most regularly employed who has received the required 24 hours Competent person. Under the miners would be considered of new miner training, but not both. The proposal, training would be conducted ‘‘experienced’’ under this definition, definition in the proposed rule reflects by a ‘‘competent person’’ designated by and therefore not subject to the rule’s our preliminary determination that an you. ‘‘Competent person’’ is defined in new miner training requirements. This ‘‘experienced miner’’ should have both the proposal as a person who has the is similar to the approach taken when training and work experience. ability, training, knowledge, or part 48 first took effect in 1978, which Additionally, we also recognize that it experience to provide training to miners provided that all persons employed as would be unduly burdensome and on a particular subject. Under this miners on the rule’s effective date were impractical to require all miners who definition, the competent person must experienced miners, regardless of the are currently working at affected mines be able to evaluate whether the training length of their mining experience or the to receive new miner training. Many of given to miners is effective. extent of their safety and health these miners have extensive experience This definition does not specify the training. Under the proposed definition, in the industry and should not be type or extent of ability, training, most miners working on the date of the treated as new inexperienced miners. knowledge, or experience needed for a proposed rule will have accrued several Consistent with this, under paragraphs person to be ‘‘competent’’ and, months of experience by the publication (c)(1)(i) and (ii), the majority of miners therefore, allowed to provide training date of the final rule, and even more who have been trained or who have under the rule. This is consistent with experience by the rule’s effective date. relevant work experience would be the performance-oriented approach Under the proposed definition, considered experienced when the final taken in the proposal. As addressed in however, a miner with many years of rule goes into effect. greater detail in the preamble under experience who happens to be out of The proposal would allow a miner to § 46.4, a number of commenters work on the date of the proposed rule accumulate the necessary 12 months of recommended that persons who provide would not be an ‘‘experienced miner’’. experience in non-consecutive months. training receive, at a minimum, some We are uncertain as to whether this This would respond to the concerns of instruction to ensure that they are able would have an adverse impact at some several commenters that the intermittent to instruct miners effectively. The operations, particularly in light of the and seasonal nature of many segments proposal does not adopt this intermittent and seasonal nature of of the industry would make it difficult, recommendation. Instead, we leave it to many operations that will be covered by if not impossible, for most miners to your discretion to determine whether the final rule. We are therefore accrue the necessary experience in one the person is competent to provide interested in whether commenters continuous period. training to miners in one or more believe that the rule should address this The proposed definition would also subjects. situation in some fashion and, if so, allow equivalent experience to be We specifically solicit comments on what specific provisions should be counted towards the 12-month the definition of ‘‘competent person,’’ included in the final rule to deal with requirement. We intend that equivalent whether the final rule should establish this issue. experience would include such things specific minimum qualifications for A miner would also be experienced as work at a construction site or other training instructors, and whether the under paragraph (c)(1)(ii) if he or she types of jobs where the miner has job final rule should require that training begins employment at a mine after the duties similar to the duties at the mine instructors be approved by us, similar to date of publication of the proposal but where he or she is employed. the approach taken in the part 48 before the effective date of the final rule, Commenters stated that similar work regulations. and has received new miner training experience should be considered if the Experienced miner. A number of consistent with the requirements work performed is equivalent to the commenters addressed the definition of proposed under § 46.5 or with existing tasks that the person will perform at the the term ‘‘experienced miner.’’ Several requirements for surface miners at mine. Commenters stated that many commenters suggested that part 46 § 48.25. This would provide flexibility experienced construction workers have should adopt the definition of to those of you who are already learned to work safely at construction ‘‘experienced miner’’ in the part 48 providing training to your miners under sites that pose many of the same types training regulations. Recent revisions to part 48, or who wish to provide training of hazards that they could be exposed to part 48 (63 FR 53750, October 6, 1998) under the more performance-oriented at a mine site. Under the proposal, you define ‘‘experienced miner’’ as a person requirements of proposed part 46, before would determine whether the miner’s with at least 12 months of experience the final rule takes effect. This provision experience is equivalent and therefore who has completed new miner training. is not intended to require compliance whether the miner is ‘‘experienced.’’ We Other commenters recommended that a with the proposed rule, but would be a request comments on the acceptance of
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.014 pfrm02 PsN: 14APP2 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules 18509 equivalent experience under this perform services at a mine under this these are the types of workers who paragraph in determining who is an part. This is consistent with the should receive comprehensive training. ‘‘experienced miner.’’ language of the Act, which includes We believe this is one of the more Paragraph (c)(2) provides that an independent contractors who perform significant distinctions that should be experienced miner will retain that status services or construction at a mine made in this rule, and we solicit permanently under part 46. This within the definition of the term comment on this issue. We are responds to several commenters who ‘‘operator.’’ particularly interested in indicated that it was not uncommon for Miner. The proposal would define recommendations for final rule language miners to be away from the mining ‘‘miner’’ for purposes of part 46 training that would help to clarify the scope and industry for extended periods of time, more narrowly than the Mine Act, application of this definition. either because the miners took jobs in which defines ‘‘miner’’ in section 3(g) as Specifically, we would like comments another industry, such as construction, any individual working at a mine. This on whether the final rule should include or because the miners had been laid off. allows the proposed rule to make a in the definition of ‘‘miner’’ persons These commenters recommended that distinction between those ‘‘miners’’ who whose exposure to mine hazards is the rule make clear that an absence from would be required to receive frequent or regular, regardless of work in the mining industry would not comprehensive training (that is, new whether they are engaged in extraction result in miners losing their status as miner training or newly-hired or production, or who are employed by experienced miners. This paragraph experienced miner training, as the production-operator, similar to the responds to these concerns and is also appropriate) and those persons who approach taken in part 48. Another the approach taken in the recent would be required to receive hazard possible approach would be to revisions to part 48. Once a miner training. characterize a person’s activities more attains the status of an ‘‘experienced A person would be considered a specifically in terms of how integral or miner,’’ he or she would be considered ‘‘miner’’ under the proposal if he or she essential they are to extraction or experienced permanently. However, works at a mine under this part and is production at the mine. under proposed § 46.6, miners returning engaged in mining operations integral to Under the proposal, mine operators to mine work would be required to extraction or production. We gave and supervisors would also be receive newly-hired experienced miner serious consideration to including as considered miners if they are engaged in training and annual refresher training ‘‘miners’’ persons who are regularly extraction or production and would be within 90 days of beginning work. exposed to mine hazards, or covered by the same training Extraction or production. The maintenance or service workers who requirements. This is in response to the definition of the term ‘‘miner’’ includes work at the mine for frequent or statements by a number of commenters persons engaged in ‘‘extraction or extended periods, consistent with the that there is no reason why supervisors production.’’ ‘‘Extraction or production’’ definition in part 48. However, we are should not be subject to the same is defined in this section as the mining, seeking to include a definition in the training requirements as miners. Several removal, milling, crushing, screening, or final rule that is clearer than the existing commenters also recommended that sizing of minerals at a mine. This part 48 definition. training for supervisors be tailored to definition also includes the associated The definition of ‘‘extraction or address their supervisory haulage of these materials at the mine. production’’ includes the mining, responsibilities. Although we agree that We request comments on whether this milling, crushing, screening, or sizing of it would be appropriate for you to definition adequately describes the minerals, as well as the haulage of these develop special training programs for activities that should be considered part materials. We intend that this definition your supervisory personnel, the of the extraction and production include workers whose activities are proposal would not require it. processes at a mine. integral to the extraction or production Commenters should be aware that we Hazard training. The proposed process, such as persons who are intend that the requirements of this rule definition of ‘‘hazard training’’ is employed by the production-operator apply to construction workers who work intended to provide examples of the and who provide daily maintenance of at mines covered by the rule. Section type of instruction or information that mining equipment on the mine site. We 115(d) of the Act directs the Secretary you might address in providing this do not intend to include workers who of Labor to develop ‘‘appropriate’’ training to miners under proposed come onto mine property for short training regulations for construction § 46.11. ‘‘Hazard training’’ is defined as periods of time to perform services that workers. We have determined that this information or instructions on the are not integral to extraction or statutory provision does not prohibit the hazards a person will be exposed to production, such as manufacturers’ application of this part 46 standard to while on mine property, as well as on representatives who may be at the mine construction workers until we applicable emergency procedures. These site infrequently to perform warranty promulgate a separate training rule for hazards and procedures may include service on mining equipment; this type those workers. Therefore, construction site-specific risks such as unique of activity is usually conducted by a workers whose activities at the mine site geologic or environmental conditions, person whose presence at the mine site are integral to extraction or production traffic patterns, and restricted areas, as and exposure to typical mine hazards would be considered ‘‘miners’’ under well as warning and evacuation signals, are limited. Although both types of this rule and must receive appropriate emergency procedures, or other special workers perform maintenance on comprehensive training. For example, safety procedures. The purpose of this equipment, the extent of their exposure construction workers building a new training is to ensure that those persons to mining operations and mine hazards crusher in an active quarry would be who are unfamiliar with the mine and is different, and the extent and type of considered ‘‘miners.’’ All other with the hazards of the operation have training required would also be different construction workers at mine sites been provided with enough information under the proposal. We intend that the would be required to receive site- to avoid exposure to these hazards. definition of ‘‘miner’’ include those specific hazard training. We solicit Independent contractor. The proposal workers whose activities are related to comments on whether we should defines ‘‘independent contractor’’ as a the day-to-day process of extraction or develop separate training standards person or entity that contracts to production. We have concluded that specifically for construction workers
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.015 pfrm02 PsN: 14APP2 18510 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules employed at mine sites, and if so, what knowledge. This definition is intended training plans, rather than concentrating type of training would be appropriate. to identify the type of job duties that on unnecessary paperwork. Some New miner. The proposal defines a would be subject to the new task commenters stated that they had no new miner as a person who has been training requirements proposed under problem with submitting plans to us for newly hired who does not satisfy the § 46.7. Under that section, a miner must initial approval, but were concerned definition of ‘‘experienced miner.’’ The be provided with training in a task for about a requirement for submission of definition of experienced miner is which he or she has no previous plans to us for approval of small, discussed in detail earlier in this experience, or which has been modified. essentially nonsubstantive changes to section. We and us refer to the Mine Safety the plan, such as the identity of the Normal working hours. Under and Health Administration (MSHA). We instructors providing the training or the proposed § 46.10, training would be have written the proposal in the more locations where training takes place. conducted during ‘‘normal working personal style advocated by the The draft proposal submitted to us by hours,’’ as required by the Act. ‘‘Normal President’s executive order on ‘‘plain the Coalition would provide that any working hours’’ is defined in this language,’’ which, among other things, training plan that complies with the section as a period of time during which encourages the use of personal minimum requirements of section 115 a miner is otherwise scheduled to work. pronouns. of the Mine Act would be considered This definition, adopted from part 48, You refers to production-operators ‘‘approved by the Secretary.’’ Section also provides that the sixth or seventh and independent contractors, because 115 of the Act requires both that the working day may be used to conduct they have primary responsibility for plan be approved by us and that the training, provided that the miner’s work compliance with MSHA regulations. plan comply with the minimum schedule has been established for a Section 46.3 Training Plans requirements in section 115. We have sufficient period of time to be accepted determined that in order for a plan to be as a common practice. As discussed This section of the proposal requires considered approved by us, we must under § 46.10 of the preamble, we you to develop and implement a prescribe requirements in the proposal intend that the schedule must have been training plan and also addresses our and the final rule beyond the minimum in place long enough to provide approval of training plans, how and required in the Mine Act. reasonable assurance that the schedule where a copy of the training plan must In response to these considerations, change was not motivated by the desire be maintained, and who has access to the proposal provides that a plan would to train miners on what had the plan. be considered ‘‘approved by MSHA’’ if traditionally been a non-work day. Section 115 of the Mine Act provides it includes the minimum information We are interested in comments on that mine operators shall have a health listed in paragraph (b). This is whether these proposed provisions and safety training program that shall be consistent with the approach adequately address the issue of ‘‘approved by the Secretary [of Labor].’’ recommended by several commenters. compensation and the scheduling of A number of commenters and speakers Under this approach, plans that include training. at the public meetings supported the information listed in this section Operator. The proposed definition is flexible guidelines for plan content, would be considered ‘‘approved’’ and consistent with the definition of emphasizing the wide variety in size would not be required to be submitted ‘‘operator’’ in section 3(d) of the Act, and type of mining operations that will to us for review. Inspectors and other and would include both production- be covered by part 46 requirements. MSHA personnel who review your plan operators (defined in this section as These speakers believed that the most at the mine site would simply owners, lessees, or other persons who effective training plans would be those determine— that can be tailored to the particular operate or control a mine) and (1) That you, in fact, have developed a independent contractors who perform operation, focusing, for example, on written training plan; services at a mine. The term ‘‘operator’’ specific mine processes or hazards, or (2) That the written plan contains the is used throughout the proposed rule to on the accident and injury experience at minimum information specified in paragraph refer to the person or entities the mine. Other commenters stated that (b) of proposed § 46.3; and responsible for providing health and it had been their experience that the (3) That the plan is being implemented safety training under part 46. However, traditional approval process often did consistent with the plan specifications. separate definitions are provided for not enhance or ensure the quality of We have also included in the proposal ‘‘production-operator’’ and training plans. These commenters felt an alternate process for plan approval, ‘‘independent contractor’’ in proposed that resources saved by a less formal for those cases where a plan you § 46.2 to allow a distinction to be made plan approval process could be directed developed does not include the in proposed § 46.12 between the two elsewhere with greater benefits for minimum required information, where types of operators and to address miner safety and health. you may prefer to obtain traditional production-operators’ and independent A number of commenters who approval, or where the miners or contractors’ responsibilities for training. believed that traditional approval by us miners’ representative requests such Production-operator. Production- would not improve the development of approval. operator is defined as any owner, lessee, your training plans advocated some Paragraph (a) provides that you must or other person who operates, controls, form of ‘‘automatic’’ approval that develop and implement a written plan, or supervises a mine covered by this would eliminate the need for approved by us under either paragraph part. This would mean the person or submission of a plan to us, saving time (b) or (c), that contains effective entity that actually operates the mine as and reducing paperwork for both you programs for training new miners and a whole, as opposed to an independent and us. These commenters suggested newly-hired experienced miners, contractor who provides services. As that the rule provide that if a plan meets training miners for new tasks, annual noted earlier, both would be considered or exceeds reasonable standards, it refresher training, and hazard training. ‘‘operators’’ under the proposal. would be considered approved. Other Although the language in section 115 of Task. The proposal defines ‘‘task’’ as commenters supporting this approach the Act does not explicitly state that a a component of a job that is performed stated that emphasis should be placed training plan must be in writing, we on a regular basis and that requires job on assisting you in developing effective believe that it is inherently required by
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This would their representatives to request our assist you in revising your plan to address the statements of many traditional approval if they choose. We address the deficiencies. We also intend commenters that requiring our approval expect that in most cases miners and that the plan be updated as needed, to of subsequent nonsubstantive plan their representatives will bring any reflect any changes in the mine’s changes was unduly burdensome and concerns they may have about the training program, such as changes in unnecessary. training plan to your attention, and courses, teaching methods, instructors, We specifically solicit comments on resolve it in that manner. However, methods of training evaluation, etc. whether we should require information there may be a few instances where Paragraph (b) provides that a training in addition to that listed in paragraphs miners or their representatives believe plan is considered approved by us if it (b)(1) through (b)(5) before we consider that direct involvement by us may be contains the minimum information a plan approved. We are also interested needed to resolve issues or concerns, listed in paragraphs (b)(1) through in comments on whether we should and the proposal would address those (b)(5). This information includes— require less information than what is situations. proposed. Several commenters stated Paragraph (d) would require you to (1) The company name, mine name, and that the rule should require only that furnish the miners’ representative, if MSHA mine identification number; (2) The name and position of the person the training plan specify subject matter any, with a copy of the training plan no responsible for training at the mine, which and the timing of the training, and that later than two weeks before the plan is may be the operator; other information is unnecessary. We implemented or submitted to the (3) A general description of the teaching also solicit comments on allowing you Regional Manager. At mines where no methods and course materials to be used in to develop plans that are considered miners’ representative has been the training, including the subject areas that approved by us without traditional designated, a copy of the plan must will be covered and the approximate time approval. We are particularly interested either be posted at the mine or a copy that will be spent on each subject area; in whether commenters believe that a provided to each miner at least two (4) The persons who will provide training, traditional plan approval process, weeks before the plan is implemented or and the subjects in which each person is similar to the process in part 48, is submitted to the Regional Manager for competent to instruct; and (5) The evaluation procedures used to necessary to ensure that training plans approval. This is intended to ensure that determine the effectiveness of the training. meet minimum standards of quality, miners and their representatives are and why this may be true. notified of the contents of your training Our intention is that the information Paragraph (c) provides that a plan that plan before it goes into effect or is required will be sufficient to allow us to does not include the minimum submitted to us for approval. make a preliminary determination of information listed in paragraphs (b)(1) We recognize that at many mines, your compliance with training through (b)(5) must be approved by the particularly small operations, there may requirements, without imposing an Educational Field Services Division be no mine office and no appropriate unnecessary paperwork or Regional Manager, or designee, for the place for posting the plan. The proposal recordkeeping burden. We are interested region in which the mine is located. The therefore would allow a copy of the plan in comments on whether the proposed term ‘‘Regional Manager’’ refers to the to be provided to each miner in lieu of approach will facilitate the development Regional Manager in the Educational posting. We are assuming that this of effective training plans. Field Services Division (EFS) of the requirement would not place a large The approach taken in the proposal Directorate of Educational Policy and burden on you, because mines where for plan approval recognizes that, while Development (EPD). We will be moving posting would be difficult or impractical our review of your written training plan the responsibility for the approval of would typically have a very small could provide an initial check on the new and modified training plans from number of miners. However, we are quality of the program, such review District Managers in Coal and Metal and interested in whether this assumption is could not ensure that the program is Nonmetal Mine Safety and Health to the correct, and we are also specifically successful in its implementation. Rather EFS Regional Managers or their interested in comments on whether this than expending our resources on the designees. The EFS Division is divided paragraph provides a practical and review and approval of training plans at into an Eastern and a Western region. workable approach to informing miners all of the mines affected by this rule, we Under this paragraph, you may also and their representatives of training would instead direct those resources voluntarily submit a plan for Regional plan content. toward verification of the effectiveness Manager approval. We anticipate that Although not explicitly stated in the of training plans in their execution, and the majority of plans developed under proposal itself, we intend that you must in assisting you in developing and this part would satisfy the requirements provide miners or their representatives providing quality training to your of paragraph (b) and consequently with copies of the training plan, and employees. Similarly, you and training would not be required to be submitted with the opportunity to submit providers would be able to focus on the to us for traditional approval. However, comments or request approval by us, development and administration of we also recognize that some of you may whenever major revisions are made to training plans tailored specifically to develop effective training plans that do the plan. By ‘‘major revisions’’ we mean your needs rather than on traditional not fit squarely within the requirements significant changes in course content or procedures to gain our approval. of paragraph (b), and you may therefore training methods, not minor alterations Under this approach, you would be need to submit your plans to us for such as the identity of instructors or the free to make revisions to existing approval. We also anticipate that some duration of courses in certain subject training plans without seeking our of you may prefer to obtain our areas. We request comment on whether approval of those changes, so long as the traditional approval, to ensure that there the final rule should specifically require
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Similarly, inspectors should not be put representatives have two weeks after the Under this paragraph, an appeal must in the position of having to return to a posting or receipt of the training plan to be submitted in writing within 30 days mine site the next day simply to inspect submit comments on the plan to you, or after notification of the Regional a copy of the training plan that was to the Regional Manager if the plan is Manager’s decision on the training plan. unavailable during the course of the before the Manager for approval. This is The Director for EPD will issue a inspection the day before. Additionally, intended to provide miners and their decision on the appeal within 30 days miners and their representatives should representatives with a means to provide after receipt of the appeal. We anticipate not be required to wait to inspect the input on the training plan, either to you, that this provision will be rarely used training plan in effect at the mine. We if traditional approval is not being and expect that when a disagreement are interested in comments on whether sought, or to the Regional Manager who arises between us, you, and miners and this is the most practical approach. One is reviewing and approving the plan. their representatives about plan design possible alternative would be to require Under paragraph (f), the Regional or content, it can be resolved without the plan to be produced within a Manager must notify you and miners, or the need for intervention of the Director reasonable period of time after the their representative in writing of the for EPD. However, in those rare cases request is made, but in no case longer approval, or the status of the approval, where the parties are unable to come to than one business day. of the training plan within 30 days after terms on the content of a particular A number of commenters focused on the date on which the training plan was training plan, the proposed rule would the type of assistance that we should submitted to us for approval. provide parties the option of seeking provide to facilitate compliance with We are interested in comments on this review from the Director for EPD. As the final rule after it is published. process, specifically on whether the indicated, parties have 30 days in which Assistance, particularly for small proposal provides sufficient flexibility to file a written appeal of the Regional operators, in developing training plans to you in developing your plans, while Manager’s decision on a plan, and the appropriate for their operations, was the at the same time ensuring that miners Director for EPD has 30 days from the subject of much comment. Several and their representatives have been date of appeal to reach a decision. commenters suggested that we or other allowed meaningful participation in the Paragraph (h) would require you to organizations implement a ‘‘cafeteria- process. make available at the mine site a copy type’’ approach for plan development, We considered adopting the of the current training plan for where you could choose among various traditional approval procedures already inspection by us and for examination by training plan components to tailor a contained in part 48. We have instead miners and their representatives. If the plan to your particular operation. For proposed a more streamlined version of training plan is not maintained at the example, the plan options from which existing part 48 approval procedures. mine site, you must have the capability you might choose would include This approach reflects our expectation to provide the plan upon request to us, training components on subjects or that the parties will be able to reach a the miners, or their representatives. curriculum that are suitable for a small satisfactory resolution of any concerns Under this paragraph, you would have sand and gravel operation, or for a about the plan without the need for the flexibility to maintain your training typical limestone mine, or a shell specific procedures. As indicated plan at a location other than the mine dredging operation. earlier, we anticipate that most of you site, provided that you are able to We appreciate the commenters who will not seek our formal approval of produce a copy of the plan upon request are already giving thought to the types your training plans, and that in most to our inspectors or miners and their of resources that would provide the cases concerns of miners or their representatives. A number of speakers at greatest benefit to the mining representatives will be resolved the public meetings indicated that there community in complying with the final informally. In those limited cases where was no need for plans or other training training rule. We acknowledge that we become directly involved in plan records to be kept at the mine site, given compliance assistance for the mining approval, we intend for the Regional that modern communications community will be a key element in the Manager to provide reasonable notice to technology, such as electronic mail and successful implementation of the final you and miners or their representatives fax machines, allow virtually rule. We intend to provide extensive of the status of plan approval or instantaneous transmission of compliance assistance to you, not only perceived deficiencies in the plan and documents from one location to another. through our staff in Metal and Nonmetal also to provide parties with a reasonable The proposal does not specify a time Mine Safety and Health, but also opportunity to express their views or within which a copy of the plan must through our newly formed Educational offer solutions to the problem, without be produced after a request is made by Field Services Division; we also expect the need for detailed procedures. us or miners; the expectation is that if state grantees to play a significant role Nonetheless, we solicit comments on you choose to maintain the plan away in assisting you in developing effective whether a detailed plan approval from the mine site, you should have the training plans and, at the same time, in process, such as in § 48.23, should be capability of producing the plan within satisfying the requirements of the final adopted in the final rule, to apply to a reasonable period of time. If you do rule. those cases where traditional plan not have such capability, you must To this end, we solicit comments on approval is sought. maintain the plan at the mine site. We whether we should include examples of Paragraph (g) provides you, miners, have taken this approach in the model training plans, appropriate for and miners’ representatives the right to proposal for several reasons. It has been different types and sizes of mining appeal a Regional Manager’s decision on our experience that we may complete an operations, in a nonmandatory a training plan to the Director for inspection at a surface mine in less than appendix to the final rule. We are also Educational Policy and Development. one day. Although we wish to give you considering including such model plans Consistent with the shifting of plan flexibility in recordkeeping, we do not in a compliance guide that we will be approval responsibility from Metal and want this to result in an inspector developing for the mining community
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.020 pfrm02 PsN: 14APP2 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules 18513 after publication of the final rule. We possess the experience and skills administrative burden. We are also anticipate that other organizations, necessary to train others effectively, and persuaded by commenters who stated including state grantees and large that you should have broad latitude to that there are many experienced and operators, also may develop generic use on-site trainers for some, or all, of knowledgeable people currently training plans and make them available your training needs. Other commenters working in the industry who can to small operators to assist in training believed that it is impossible to regulate provide effective training in a wide plan development. We are interested in the quality of instruction with minimum variety of subject areas. commenters’ suggestions for other types criteria such as academic training, Contrary to the recommendations of of compliance assistance that would be mining experience, years of training several commenters, we have not useful to the mining community. experience, etc., and that an instructor included a proposed requirement that certification program would not trainers receive instruction in how to Section 46.4 Training Program guarantee the quality of instruction. One provide training before they serve as Instruction commenter was concerned that instructors. Instead, we would expect This section of the proposal—(1) restricting all training to a limited pool you to assess how well a person can would require you to ensure that of certified instructors would deprive communicate in determining whether training given under this part is you of the flexibility needed to develop he or she is capable of providing consistent with the written training plan training plans responsive to the unique training for your miners. A person with required under § 46.3; (2) would require circumstances of each mining operation. extensive knowledge in a particular training to be presented by a competent Another commenter stated that if subject area may not be a good choice person; and (3) would allow you to training instructors are required to be as an instructor if he or she is unable to arrange for training to be provided by certified and to complete some type of convey the information to miners outside instructors. This section also formal training, you could have great clearly and effectively. responds to comments, including the difficulty in finding people who can The proposal would require that draft of the Coalition, that the rule actually deliver training in the training be conducted by a ‘‘competent should allow the use of innovative necessary subject areas. person’’ designated by you. The training methods and should accept On the other hand, several proposal would not establish minimum equivalent training, provided to satisfy commenters recommended that the academic or professional qualifications the requirements of the Occupational approach taken in part 48, which for these persons. Instead, these persons Safety and Health Administration requires our approval of instructors, be would be required to have sufficient (OSHA) or other federal or state used as a guideline for addressing ability, knowledge, training, or agencies, to satisfy part 46 requirements. instructor qualifications under part 46. experience to enable them to provide Finally, this section would permit short Under part 48, instructors may be training to miners. They must also be safety and health talks and other approved in several ways. For example, able to evaluate in some fashion informal instruction to satisfy training instructors may take an instructor whether the training has been effective. requirements under this part, in training course and complete a program The proposal does not specify how such response to a number of comments. of instruction approved by us in the an evaluation must be conducted, and Paragraph (a)(1) would clarify that subject to be taught; instructors may we anticipate that the method of training under part 46 must be also obtain approval to provide training evaluation will depend to a large extent conducted in accordance with your based on written evidence of their on the type of training being given. For written training plan. This is intended qualifications and teaching experience. example, a written test might be to ensure that the training given under In contrast, several commenters stated appropriate in a traditional classroom this part is consistent with the approach that the instructor approval process setting, while a miner receiving new outlined in your plan, and is part of an under part 48 has had inconsistent task training may be asked to organized scheme for comprehensive results, at best. Another commenter demonstrate to the trainer that he or she miner training. suggested that instructors should be can perform the task safely. The Paragraph (a)(2) provides that the certified by a recognized professional proposed rule would allow a significant training must be presented by a organization in health and safety. Still amount of discretion in this competent person. ‘‘Competent person’’ others recommended that if we do not determination. In addition, we will be is defined in proposed § 46.2 as a person require instructors to be approved, the available to provide assistance to you in designated by you who has the ability, rule should require prospective trainers determining the appropriate training for training, knowledge, or experience to to go through a training course so that your operation. provide training to miners on a they will know how to present training We are interested in comments on the particular subject. Under this definition, materials correctly and effectively. approach taken in the proposal for the competent person must also be able Several commenters believed that training instructors, particularly on our to evaluate the effectiveness of the instructors should also be able to preliminary decision on the merits of a training. evaluate the effectiveness of the training formal instructor approval or We asked for specific comments they are giving. certification program. For example, one during the public meetings on whether The proposal adopts the commenter recommended that we the rule should establish minimum recommendations of many commenters should focus our attention on the qualifications for persons who conduct that the rule not require a formal evaluation of instructors who have not miner training, and if so, what those program for the approval or certification taken a course on presentation skills, qualifications should be. Many of instructors, or establish rigid also known as ‘‘train-the-trainer’’ commenters offered their views on this minimum qualifications for instructors. courses. We are also interested in issue. We are persuaded at this stage that a commenters’’ views on whether the A number of commenters stated that formal instructor approval program final rule should require some the rule should impose no minimum would provide no real guarantee that minimum amount of formal training for qualifications for trainers. Some training will be effective, and that the instructors, designed to ensure that the indicated that many supervisors and benefits realized from a formal program instructor has the communication skills other employees at mining operations would not justify the additional needed to provide effective training.
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Paragraph (b) provides that you may duration of the training but also the minute minimum was appropriate. conduct your own training or may equivalency of the training. We are Other commenters stated that some of arrange for training to be conducted by persuaded at this point that acceptance the best training occurs in sessions of federal or state agencies; associations of of this training is appropriate. However, less than 15 minutes, and that the rule operators; miners’ representatives; other we are interested in comments that both should not impose an arbitrary operators; contractors, consultants, or support or take issue with this restriction on the length of training manufacturers’ representatives; private determination. We are also interested in sessions. A number of commenters associations; educational institutions; or receiving comments on which federal indicated that short training sessions other competent training providers. This and state agency training requirements provided throughout the year can be provision is similar to language in may be used to satisfy the requirements very effective. § 48.24 and in the Coalition draft of part 46. We are persuaded by those proposal and would make clear that you Paragraphs (d) and (e) are intended to commenters who advocate flexibility in may choose from a variety of training provide you with flexibility in satisfying the length of training sessions, and this providers in satisfying your training your training obligations. Under determination is reflected in the responsibilities under part 46. We paragraph (d), training under part 46 proposal. However, we are interested in recognize that a wide variety of effective could consist of classroom instruction, any rationale or evidence from miner training is available from many instruction at the mine site, other commenters that would support types of organizations across the innovative training methods (such as imposing a minimum duration on country. Under the proposal, you would computer-based training), alternative training sessions. training technologies, or any be free to arrange with outside training Section 46.5 New Miner Training providers in satisfying your training combination thereof. The recognizes obligations. We expect that many small that a combination of different training This section includes minimum operators and independent contractors, methods can be extremely effective, and requirements for training new miners who may not have the resources for a makes clear that we encourage you to be when they begin work at a mine. This formal in-house training program, will creative in complying with your training section lists subject areas that training elect to arrange with outside responsibilities. must cover, addresses which of those organizations to provide some part of Several commenters recommended subjects must be taught before new their training. that the rule allow for training at the miners begin their work duties at the Paragraph (c) would allow the mine site, particularly initial training for mine, and specifies the minimum acceptance of training required by new miners. Another commenter number of hours of instruction required OSHA or other federal and state believed that training under the rule by the Act for new miner training. agencies to satisfy the training should not be limited to traditional Section 115(a)(2) of the Mine Act requirements under part 46. Under the classroom instruction, but that a mix of requires mine operators to provide at proposal, this training must be different approaches should be least 24 hours of training to equivalent to what would be provided permitted. A number of commenters inexperienced surface miners. This under part 46—that is, it must be safety strongly recommended that the rule be training must include instruction on and health training that is relevant to sufficiently flexible to accommodate specific topics. the mining environment. future technology and training The Federal Register notice Acceptance of OSHA training was advances. The proposal is responsive to announcing the public meetings raised by a number of speakers at the these recommendations. solicited comment on several issues public meetings. Several speakers We intend that the proposed rule related to new miner training. indicated that many operations allow new training technologies Specifically, comments were requested regulated by us, such as sand and gravel developed in the future to be used to on— or crushed stone sites, are also comply with part 46. We anticipate that (1) The subjects that should be taught associated with an OSHA-regulated many of you will use a combination of before a new miner begins assigned duties; facility, such as a construction site. different approaches to provide training, (2) Whether training should be given all at Employees may be shared across several including innovative technologies. On once or over time, or whether you should operations under the same management. the other hand, the classroom may serve make this determination; and One speaker pointed out that in many as the most appropriate forum for (3) The advantages and disadvantages of cases the equipment at these operations training on particular subjects. spreading training over an extended period. is interchangeable, the tasks are Paragraph (e) would allow employee While section 115 does not expressly interchangeable, and the workers are safety meetings, including informal require new miners to be trained before interchangeable. These employees may safety and health talks and instruction, they begin work, part 48 currently perform the same duties at both sites to be credited toward either new miner requires that the full 24 hours of new and have been trained to work around training, newly-hired experienced miner miner training be given before miners the same types of hazards. These training, or annual refresher training are assigned work at the mine, unless speakers strongly urged us to accept the requirements, provided that you specifically permitted to do otherwise safety and health training provided to document the training consistent with by the District Manager. Even with comply with OSHA regulations to proposed § 46.9. We requested comment District Manager approval, however, satisfy training requirements under part in the notice of meeting published in operators under part 48 must provide a 46. Several commenters also the Federal Register on whether minimum of eight hours of training to recommended that we accept training informal instruction lasting less than 30 new miners before work duties begin. that is provided to satisfy the minutes should be allowed to satisfy Many speakers at the public meetings requirements of other regulatory training requirements under the rule. and many of those providing written agencies, and this recommendation is Part 48 currently requires a training comments addressed how much of the reflected in the proposal. It should be session to last at least 30 minutes, and 24 hours of new miner training should noted that this training would need to several commenters urged the inclusion be given before a miner is allowed to be documented under § 46.9 to be in part 46 of this 30-minute restriction. begin work. One commenter stated that accepted, not only to establish the One commenter believed that a 15- all of the subjects listed in section 115
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.023 pfrm02 PsN: 14APP2 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules 18515 of the Mine Act should be taught before its hazards would not even require two 60 working days of the miner reporting a new miner is assigned work, even if hours. These commenters recommended to work at the mine site. Most the work is done under close flexibility be given to you in commenters favored a 60-day deadline supervision. However, the majority of determining the amount of initial for completion of new miner training, commenters indicated that they believe training that should be provided. We but did not indicate whether the it would be appropriate to require at believe you are in the best position to deadline should be 60 working days or least eight hours of training before the determine the amount of training that is 60 calendar days. One commenter miner begins work, which is also the needed for new miners, depending on expressed a preference for spreading out minimum number of hours specified your particular operation. the remaining training over a 90-day under the Coalition’s proposal. Several We have determined that it is period. commenters advocated a six-to eight- appropriate to require that new miners Some commenters pointed out that hour training minimum before a miner be given instruction on certain subject new miners can be overwhelmed with begins work, and one commenter took areas prior to beginning work, rather too much information when they first the approach that initial training could than to establish a minimum number of come to work at a mine. These include two hours of instruction on hours that must be devoted to this commenters were opposed to providing hazard recognition, personal protective training. The proposal would require training all at once. A few commenters equipment, and the company’s safety training on four specific topics for each maintained that providing new miner policy, followed by six hours of work new miner before he or she begins work training over an extended period of closely supervised by an experienced at the mine, with the balance of the 24 time, with practical work experience miner. However, a number of hours of training to be provided within between training periods, improves and commenters, including those who 60 days. By not requiring a minimum encourages miners’ retention of indicated approval of a minimum initial number of hours of initial training for important training material. training requirement, also said that new miners, the proposal would Citing the rapid turnover of workers setting a minimum number of hours for provide flexibility to you to tailor your in the industry, other commenters who training may be excessive for many training plans to focus on the unique favored training over an extended mines. According to many commenters, needs of your operations and workforce period of time were concerned that effective initial training could be and to provide the most effective and operators would not recoup the completed in less than a mandated relevant training for the new miners at substantial up-front investment incurred minimum depending on the size of and your mines. At the same time, by for training if it were required to be conditions at the mine, tasks to be requiring that specific subject areas be given all at once. This was offered as performed, and experience of the miner. covered before new miners begin work, one reason to allow training to be given The commenters claimed that the key the miners would receive training on over a longer period, up to 90 days or issue is the quality and relevance of relevant topics to ensure that they are even six months; additionally, some training and not the number of hours familiar with the operations and commenters maintained that it would be spent providing initial training for a environment at the mine, their job less burdensome in the long run since new miner. duties, and the hazards they may they would not have to provide the In response to commenters and the encounter at the mine site. balance of training to miners whose Coalition’s proposal, we considered We are interested in whether employment at the mine lasted less than adopting an eight-hour minimum initial commenters agree with this approach, three months. Another commenter training requirement in the proposal or whether the final rule should believed that a six-month period would and also gave serious consideration to establish a minimum number of hours also be less disruptive to the mining several other approaches. These of training that new miners must receive process since it would give you more alternatives included a requirement that before beginning work. One possible flexibility to schedule training during all 24 hours of training be completed approach would be to specify a periods when operations would be prior to the miner commencing job minimum number of hours of initial slowed or idle. duties, or that a minimum period of training that must be provided to miners In contrast, there were a few initial training be completed, such as based on mine size or complexity of commenters who pointed out several two or four hours, before the miner operation. For example, a large disadvantages of spreading new miner begins work. We also considered a two- operation may be required to provide training over a period of time. The hour minimum period of initial training, eight hours of training, while a very drawbacks mentioned were that the new which could be reduced, with our small operation would be required to miner may not receive a timely general approval, based on the size of the provide one hour of training. We are overview of all potential safety and operation, complexity of the mine site, interested in comments on this health hazards, which could result in a and experience of the new hire. We also alternative, particularly on the criteria greater risk of injury. These commenters considered a requirement that you that might be used in determining how also stated that training over a longer provide instruction to the miner on much initial new miner training must be period of time could increase specific topics before beginning work, in given, such as employment, type of recordkeeping and paperwork burdens lieu of a minimum time requirement for operation, type and amount of and create scheduling problems. initial training. equipment, etc. Commenters who After considering the comments We have made a preliminary believe that a minimum number of received, we believe that there are determination that requiring a minimum hours of training should be required advantages to training new miners over number of hours to be spent on training should also specify what the minimum an extended period of time, including before a miner begins work may be number of hours should be. better retention of information by unduly burdensome and unnecessary Many speakers and commenters miners, and flexibility in providing the for many mines, particularly small addressed how long the rule should training. We are sensitive to the mines with few employees and limited allow the balance of the 24-hour new economic hardships that many smaller equipment. Commenters indicated that miner training to be given. The draft operators may experience due to their at many small operations, a thorough Coalition proposal would require that inability to hire or spare employees for workplace orientation on the mine and new miner training be completed within training purposes. In addition, training
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.025 pfrm02 PsN: 14APP2 18516 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules may be more meaningful after a worker section 115, rather than the more exposing themselves and others to accrues some work experience at the detailed approach taken in existing part unnecessary risks and can perform their mine. 48. They maintained that a longer list of job assignments safely, and that they are On the other hand, inexperienced or subjects with detailed course content able to respond to mine emergencies. untrained miners should not be would limit your ability to provide We are requesting comment on whether permitted to work for long periods meaningful training at the varied the subject areas required are without being fully trained. Therefore, operations at mines affected by the appropriate, especially in light of the we are proposing in paragraph (d) that rider. Others suggested that criteria or fact that the proposal does not establish you must provide the balance of the 24 guidelines be provided to you to assist a minimum number of hours for pre- hours of new miner training within 60 you in selecting new miner training work training. days after the new miner begins work at topics and in determining the time that Paragraph (c) of the proposal would the mine. Under the proposal, the 60 should be devoted to specific subjects. allow new miners to practice under the days would be calendar days, not Suggested criteria included the size of close supervision of a competent person working days as recommended by the the mine, the history of accidents, to satisfy the requirement for training on Coalition. We believe that a deadline injuries, and fatalities at the mine, the health and safety aspects of an measured in working days would be national trends in accidents and assigned task. This provision is impractical, particularly given the fatalities, and the experience and consistent with our current policy under intermittent and seasonal work knowledge of individual miners. part 48, and is also included in the schedules of many operations. It would A number of commenters addressed Coalition’s draft proposal. Our existing not only present an administrative the subjects that should be taught before policy under part 48 allows a miner to burden to you, both for paperwork and a new miner begins assigned work perform an actual task assignment at the for class scheduling, but would also duties. The majority of commenters and mine site as long as there is continuous make enforcement extremely difficult. speakers agreed that some general supervision by an approved instructor, However, we solicit comment on the 60- orientation as well as site- and task- and training, not production, is the day deadline for the completion of new specific training must take place before primary goal. ‘‘Close supervision’’ miner training and are interested in a miner begins work at the mine. At the would mean that the competent person suggestions for alternate approaches. same time, many commenters is in the immediate vicinity of the miner Section 115(a)(2) of the Act requires maintained that you need flexibility to and is focusing his or her complete new miner instruction on the following tailor the training to the specific safety attention on the actions of the miner topics: and health needs of your miners and the being trained. A miner would not be ** * statutory rights of miners and their unique conditions at your mines. The considered under ‘‘close supervision’’ if representatives under the Act, use of the self- Coalition’s draft proposal would require the competent person is occupied with rescue and respiratory devices where eight hours of instruction in the any other task or is not in close appropriate, hazard recognition, emergency following subjects before a new miner proximity to the miner. Although the procedures, electrical hazards, first aid, walk could begin work: walkaround training; proposal would not require training around training, and the health and safety hazard recognition; and the health and instructors to be approved by us, we aspects of the task to which the miner will believe that practice of a task by a new be assigned. safety aspects of tasks to which the new miner will be assigned. Commenters miner under the close, individualized, A number of commenters and most frequently mentioned the courses supervision of a ‘‘competent person,’’ as speakers at the public meetings listed above. In addition, some that term is defined in proposed § 46.2, addressed the subjects that should be commenters recommended that training can be an effective training method and taught to new miners, without on escapeway and emergency can be accomplished safely. We gave indicating whether the courses should procedures be included in pre-work consideration to allowing practice to be be taught before or after a new miner training. supervised by an experienced miner begins work. The comments varied In response to these comments, rather than a competent person, but greatly. One commenter advocated the proposed paragraph (b) would require have determined that the person elimination of required training subjects that you train new miners in four areas supervising new miners and instructing altogether and urged the use of task before they begin work— them on the health and safety aspects of training in lieu of new miner training. their jobs must be qualified in the Several commenters approved of (1) An introduction to the work environment, including a visit and tour of the particular subject matter, possessing the providing training on the eight general mine, or portions of the mine that are skills to teach that subject and to subject areas listed in section 115(a)(2) representative of the entire mine. The evaluate whether the recipient of the of the Act but did not endorse method of mining or operation utilized must instruction has understood it. We solicit describing the specific contents of be observed and explained; comments on whether it is reasonable to courses to be taught, as is presently (2) Instruction on the recognition and allow a new miner to practice a task done in part 48. Other commenters avoidance of hazards, including electrical under the supervision of a ‘‘competent favored new miner training subjects as hazards, at the mine; person’’ to satisfy this pre-work training they are presented in part 48, but (3) A review of the escape and emergency evacuation procedures in effect at the mine requirement. believed that first aid training, in and instruction on the firewarning signals Similarly, under paragraph (a), until particular, needs to be addressed in a and firefighting procedures; and the full 24 hours of new miner training different forum, citing the significant (4) Instruction on the health and safety is received, a new miner must work amount of instruction needed to aspects of the tasks to be assigned, including under the close supervision of an adequately cover the topic. One the safe work procedures of such tasks, and experienced miner. This is modeled commenter questioned the the mandatory health and safety standards after a similar provision in § 48.25(a), appropriateness of including training on pertinent to such tasks. and is intended to ensure that the health self-rescue devices for surface miners. Instruction of new miners in these and safety of a new untrained miner are Several commenters recommended four areas is intended to ensure that protected until new miner training is that the final rule list as required topics miners are sufficiently familiar with the completed. We are interested in the more general subjects found in hazards at the mine, that they can avoid comments on whether this provision is
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.026 pfrm02 PsN: 14APP2 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules 18517 realistic, workable, and in the best under part 46 or part 48. Under We encourage commenters to address interests of the miner. paragraph (e), miners who have whether the final rule should allow Proposed paragraph (d) lists the completed new miner training within such crediting and how it should be remaining subject areas that must be the previous 36 months but who do not handled. Our intention in paragraphs (e) covered in new miner training within 60 have the 12 months of experience for and (f) of § 46.5 is to— days after the miner begins work, and is experienced miner status would not (1) Be practical; derived from section 115 of the Mine have to repeat new miner training if (2) Reduce the compliance burden and Act and recommendations from they begin work at a new mine. This is expense of redundant training for you; and commenters and the Coalition’s draft similar to a recently revised provision in (3) Still ensure that miners receive effective proposal. These subjects include— § 48.25(d). We have determined that it training. (1) Instruction on the statutory rights of would be illogical and unnecessary to Section 46.6 Newly-Hired Experienced miners and their representatives under the require these miners to repeat 24 hours Miner Training Act; of new miner training each time they (2) A review and description of the line of begin work at a new mine covered by This section of the proposed rule would address training requirements for authority of supervisors and miners’ part 46, until they have accrued the newly-hired ‘‘experienced miners,’’ as representatives and the responsibilities of requisite 12 months of experience. that term is defined in § 46.2. This such supervisors and miners’ representatives; However, miners would be required to (3) An introduction to the mine’s rules and section lists the subject areas that must receive pre-work training under procedures for reporting hazards; be addressed in training newly-hired paragraph (b) on the same four subjects (4) Instruction and demonstration on the experienced miners, before they begin that are required for both new miners use, care, and maintenance of self-rescue and work at the mine, and requires that the and newly-hired experienced miners, to respiratory devices, if used at the mine; and miners receive annual refresher training (5) A review of first aid methods. ensure that they are familiar with the within a 90-day period after they begin mine’s operations and practices before The proposed rule provides some work. This section also includes specification of the content of the starting work. separate training requirements for training on each subject area, beyond We also recognize that, although a experienced miners who are returning what is included in the Mine Act. This miner may not have completed new to the same mine after an absence of 12 detail is provided in the proposal to miner training under part 46 or § 48.25, months or less, and for experienced assist you and miners in developing he or she may have completed training miners who are employees of training plans. We are interested in in particular subject areas as an independent contractors and who are on comments on whether the courses being underground miner under § 48.5, or as mine property for short durations. proposed are sufficient, whether a surface miner under § 48.25. In some Section 115 of the Mine Act does not including specification of the content of cases, the subject areas covered may be expressly direct the Secretary to subject areas is helpful, or whether it relevant to courses required for new promulgate training requirements for decreases your flexibility in developing miners under part 46. Paragraph (f) newly-hired experienced miners. training materials that best meet your would allow this training to be credited However, experienced miners should be needs. toward new miner training. For thoroughly familiar with the particular We would note that the requirement instance, a miner may have received environment and hazards present at for first-aid instruction under paragraph new miner instruction at an their mine before they start work. The (d) would not require you to hire an underground mine on the statutory regulations in part 48 provide separate approved first-aid instructor or obtain rights of miners and their training requirements for newly-hired first-aid teaching equipment to train representatives; the use, care, and experienced miners. new miners. We understand that some maintenance of self-rescuers or The draft proposal of the Coalition miners and designated supervisors will respiratory devices; or on first aid would require newly-hired experienced receive first-aid training under the methods. In those cases, under proposed miners to receive only site-specific requirements of 30 CFR parts 56, 57, 75, paragraph (f), it would be acceptable to hazard recognition training before being and 77, and that an in-depth first-aid give credit for relevant training courses assigned work duties, and annual course for new miners may be already taken by the miner, provided refresher training within 90 days of impracticable in many cases. However, that the courses were completed within employment. The Coalition draft first-aid instruction should include a the previous 36-month period. provides that if a miner had received review of basic first-aid measures, such Although the proposal would allow refresher training ‘‘commensurate with as contacting emergency medical credit for training in any subject area, the hazards of the new job from a personnel, application of bandages, or we request comment on whether credit previous employer within the last year,’’ the circumstances where injured for training given at other mines should the miner would be required to receive persons should not be moved. be limited to training in subject areas hazard recognition training. A few commenters were concerned listed under proposed paragraph (d), Only a few commenters addressed that miners who had completed new and not be given for subject areas listed newly-hired experienced miner training. miner training but did not have under paragraph (b), which have a very One commenter stated that experienced sufficient work experience for status as mine-specific orientation. For example, miners need the same level of training an experienced miner would be it may be inadvisable to allow credit for as new miners so that poor safety habits required to repeat new miner training. hazard recognition training or a review can be corrected. One commenter To minimize the likelihood that miners of the escape and emergency procedures maintained that before work begins, a would have to repeat new miner given at another mine, because this newly-hired experienced miner should training unnecessarily, proposed training may have very limited value or receive a safety orientation that paragraphs (e) and (f) would make application at the mine. On the other addresses both task- and site-specific certain allowances for new miners who hand, a miner returning to the same subjects. Another commenter have not attained experienced miner mine could be given credit for all maintained that appropriate task status for training purposes but who training completed at that mine within training should be provided before the have completed new miner training the previous 36-month period. newly-hired experienced miner begins
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However, are interested in whether commenters current with their refresher training. we are interested in whether this issue advocate setting a minimum number of Several commenters addressed should be addressed in the final rule. hours for newly-hired experienced situations where an experienced miner Paragraph (b) directs you to provide miner training, or support training of a returns to mining after an absence. One annual refresher training to newly-hired specified duration based on discrete commenter stated that such a miner experienced miners within 90 days after criteria such as mine size, mining must be made aware of improvements in their employment. The proposal methods, type of operations or the trade since the miner’s absence. specifies that, at a minimum, the equipment, etc. Another commenter, referring to refresher training must include— Paragraph (c) of proposed § 46.6 training requirements for newly-hired (1) Instruction on the statutory rights of would address training for a newly- experienced miners in part 48 and to an miners and their representatives under the hired experienced miner returning to earlier draft proposal from the Coalition, Act; the same mine after an absence of 12 questioned the appropriateness of (2) A review and description of the line of months or less. This provision has been requiring only eight hours of training for authority of supervisors and miners’ adopted from recently revised a person returning to mining work after representatives and the responsibilities of provisions in § 48.26. Under this an absence of five years or more. such supervisors and miners’ representatives; paragraph, you would not be required to (3) An introduction to your rules and Paragraph (a) would require you to procedures for reporting hazards; and provide such a miner with the training train newly-hired experienced miners in (4) Instruction and demonstration on required by paragraphs (a) and (b); four subject areas before they begin the use, care, and maintenance of self- instead, you would simply be required work. These required subjects would rescue and respiratory devices, if used to inform the miner, before the miner include— at the mine. begins work, of changes at the mine that occurred during the miner’s absence (1) An introduction to the work The requirements of this paragraph are environment, including a visit and tour of the that could endanger his or her safety or mine, or portions of the mine that are identical to those proposed for new health. You would also be required to representative of the entire mine. The miners under § 46.5(d), except that a provide the miner with any annual method of mining or operation utilized must review of first aid methods would not be refresher training that the miner may be observed and explained; required for experienced miners. The have missed during his or her absence, (2) The recognition and avoidance of proposal would not require first aid within 90 days after the miner starts hazards, including electrical hazards, at the instruction for newly-hired experienced mine; work. miners because it would be covered in Under paragraph (d), employees of (3) The escape and emergency evacuation new miner training and may be plans in effect at the mine and instruction on independent contractors who are the firewarning signals and firefighting reviewed during annual refresher ‘‘miners’’ under the proposed definition procedures; and training. This would not prevent you and who work at the mine on a short- (4) The health and safety aspects of the from including first aid training for term basis would be required to receive tasks to be assigned, including the safe work newly-hired experienced miners if you either newly-hired experienced miner procedures of such tasks, and the mandatory choose. Again, we request comments on training under paragraphs (a) or (b) or health and safety standards pertinent to such the suitability of the listed subjects and site-specific hazard training under tasks. whether the detailed description of the § 46.11. This is based on a similar The requirements of proposed subject areas would limit your provision in the definition of ‘‘miner’’ in paragraph (a) are identical to the flexibility in tailoring course materials existing § 48.22(a)(1). The language of requirements proposed in § 46.5(b) for to meet the needs of newly-hired the proposed rule itself reflects our training for new miners before they experienced miners. We are also assumption that this provision would be begin work and would include both interested in whether the 90-day applicable primarily to drillers and task- and site-specific instruction. For deadline to provide annual refresher blasters who, because of the nature of the same reasons discussed in the training on the required subjects is their work, are at a mine for a short preamble for § 46.5, the proposal reasonable. We request that commenters period of time before moving on to specifies subjects and course materials explain the reasoning behind their another job at another mine. We do not that are intended to ensure that a newly- recommendations. believe that it makes practical sense to hired miner is familiar with the mine The proposal would not require a require miners who regularly move from environment, operations, equipment, minimum number of hours for newly- one mine to another to be treated the potential hazards, and emergency hired experienced miner training, in same as newly-hired miners who remain procedures. These requirements are also recognition of the wide range of at one mine site. Therefore, the proposal intended to ensure that newly-hired experience and skill among experienced would not require them to receive miners have sufficient instruction to miners. The approach taken in the newly-hired experienced miner training perform work assignments safely. We proposal is intended to allow you to whenever they begin work at a new are interested in whether the subject determine the amount of training that is mine. However, we are interested in areas that would be required to be appropriate for each newly-hired comments on whether these are addressed for newly-hired experienced experienced miner, based on your appropriate exceptions from the newly- miners before they begin work are assessment of the miner’s needs. The hired experienced miner training appropriate or whether different subject proposal would require all newly-hired requirements. areas would be more relevant for experienced miners to receive at least Section 46.7 New Task Training experienced miners. Commenters some training in all of the required should note that proposed § 46.6 would subject areas. However, a miner Section 115(a)(4) of the Mine Act not specifically provide, as do the transferring from one mine to another provides that: requirements for new miner training, where the operations and equipment in ** * any miner who is reassigned to a that a newly-hired experienced miner use are very similar may not need as new task in which he has had no previous
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We Training the Secretary * * * in the safety and health also solicit comments on whether new aspects specific to that task prior to Section 115(a)(3) of the Act requires performing that task. task training requirements under the all miners to receive at least eight hours final rule should be modeled after the This section of the proposed rule of refresher training no less frequently requirements in part 48, as would implement this statutory than once every 12 months, but does not recommended by some commenters. provision by requiring you to provide require that specific subjects be covered miners with training for new tasks and Several commenters stated that very as part of this training. In the Federal for regularly assigned tasks that have effective and safe training in a new task Register notice announcing the public changed, before the miners perform the can include the miner practicing the meetings, we requested comment on tasks. task while under the close supervision whether specific subject areas should be Commenters strongly supported a of a competent person, who instructs covered during annual refresher requirement for task training, stating the individual in how to perform the training, and if so, what subjects should that employees need to be aware of the task in a safe manner. We believe that be included. hazards and the risks associated with supervised practice can allow the miner Commenters strongly supported the the jobs or tasks that they are asked to to gain experience at the new task and concept of annual refresher training. perform and be familiar with the to learn how to avoid the hazards However, most commenters believed systems, tools, equipment, and presented by the performance of the that the subjects covered in refresher procedures required to control these task. Consistent with this determination, training should not be fixed, but instead hazards. The proposed task training paragraph (b) specifically provides that should be tailored to the safety needs of requirements are intended to reduce the practice under the close supervision of the miners at the particular operation. likelihood of accidents resulting from Many commenters indicated that lack of knowledge about the elements a competent person may be used to satisfy new task training requirements. training topics should vary from year to and the hazards of the task. This year. training should ensure that miners ‘‘Close supervision,’’ as discussed in the preamble for new miner training under Several commenters stated that receive necessary information before although general guidelines addressing performing the tasks that they are proposed § 46.5, would mean that the competent person is in the immediate possible training topics was a good idea, assigned, so that they can avoid the final rule should allow flexibility in vicinity of the miner and is focusing his endangering themselves or other miners choosing topics. One commenter stated or her complete attention on the actions at the mine site. that refresher training should cover Some commenters recommended that of the miner being trained. A miner subject areas relevant to the biggest new task training requirements be would not be considered under ‘‘close safety problems at the mine over the patterned after the requirements for task supervision’’ if the competent person is preceding year. Another commenter training in part 48. Under part 48, for occupied with any other task or is not indicated that his operation took that example, a program for new task in close proximity to the miner. approach and analyzed accidents that training must include instruction, in an occurred at the mine over the past year, on-the-job environment, in the health We intend that task training would basing its training program on that and safety aspects and safe operating not be required for miners who have analysis. One commenter stated that the procedures of the task; supervised performed the task before and who are idea that annual refresher training is just practice during nonproduction times is able to safely perform the task. boring, routine, and repetitious of the also required. However, you must first determine that Paragraph (a) of proposed § 46.7 task training is not necessary, typically same topics every year is dangerous, provides that, before a miner performs by having the miner demonstrate that he and that lifesaving critical skills that are a task for which he or she has no or she is able to perform the task safely. non- routine need to be refreshed because people forget. previous experience, you must train the Several commenters recommended We are persuaded by commenters’ miner in the safety and health aspects that the rule allow task training to be recommendations that you have and safe work procedures specific to credited toward new miner training that task. Additionally, if changes have flexibility in selecting topics for requirements. We recognize that new refresher training and have made a occurred in a miner’s regularly assigned task training will be a fundamental and task, you must provide the miner with preliminary determination that refresher essential part of the training for most training that addresses topics relevant to training that addresses the changes. new miners, who must be trained in the Unlike part 48, the proposal does not the mine’s methods of operation, include detailed requirements for task health and safety aspects of the tasks equipment, accident and illness history, training. This is intended to allow you they will be assigned. Allowing task etc., can be extremely effective. The to design task training programs that are training to be used to satisfy new miner proposal reflects this determination. suitable for your workforce and your training requirements would be Paragraphs (a) and (b) of proposed operation. We expect that effective new consistent with this requirement. § 46.8 provide that you must provide task training will include, at a Paragraph (c) would therefore each miner with no less than eight minimum, instruction in the elements of specifically provide that new task hours of refresher training once every 12 the task, including hands-on training, training may be used to satisfy new months. The refresher training must and an explanation of the potential miner training requirements, as include, at a minimum, instruction on health or safety hazards associated with appropriate. Additionally, although changes at the mine that could the task and ways of minimizing or speakers at the public meetings did not adversely affect the miner’s health or avoiding exposure to these hazards. specifically raise the issue, we are safety. We expect that these changes However, we are interested in interested in whether commenters would include such things as a comments on whether the final rule support allowing new task training to modification in mine traffic patterns, should include more detail and satisfy some portion of annual refresher new or retrofitted equipment, a new guidance for you on the elements of an training requirements. blasting schedule, etc.
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Paragraph (b) also includes a list of shall be available for inspection at the miners, and maintain a copy of the topics that may be covered as part of the mine site; and that a miner is entitled training records during employment and refresher training, but none of these to a copy of his or her training for a period of 12 months following topics would be mandatory. The list of certificate when he or she leaves the termination of employment. The topics has been taken from part 48, and operator’s employ. Finally, the Mine Act Coalition draft also would provide that includes, among others, transportation requires that each training certificate a miner who leaves your employ would controls and communication systems; indicate on its face in bold letters that be entitled, upon request, to a copy of ground control; water hazards, pits, and false certification by an operator is his or her health and safety certificates. spoil banks; illumination and night punishable under section 110(a) and (f) Proposed paragraph (a) would provide work; and explosives. We expect that of the Act. that, upon a miner’s completion of each you will carefully select the areas that Recordkeeping was one of the issues training program, you must record and will be covered in the refresher training identified by us in the Federal Register certify that the miner has received the at your mine, to ensure that your miners notice announcing the public meetings. training. Consistent with the Mine Act will receive practical and useful We specifically asked for comments on requirement that certifications be kept instruction designed to effectively whether records of training should be on a form approved by the Secretary of address the safety and health conditions kept at the mine site, or whether you Labor, the proposal would allow at your mine. However, we are should be allowed to keep these records training certifications to be kept on interested in comments on whether the at other locations. MSHA Form 5000–23, which is the final rule should include more detailed A number of speakers at the public approved form used by operators under requirements or guidance for refresher meetings addressed the issue of part 48 regulations to certify that training programs. We are specifically recordkeeping. Several speakers at the training has been completed. However, interested in whether the final rule public meetings supported flexibility in this paragraph also would provide that should require instruction on particular all aspects of record maintenance, you may use any other form that topics, similar to part 48, and if so, stating that you should be able to choose contains the minimum information which subjects should be included. the record storage option that best suits listed in paragraph (b) in this section, Some commenters recommended that your operation. One commenter stated and adopts the Mine Act provision that the 12-month interval for training that paperwork should be kept at a false certification by an operator that should be calculated based on the minimum, because if supervisors must training was given is punishable under months that a miner actually works as spend too much time on paperwork, section 110(a) and (f) of the Act. a miner rather than on 12 calendar they will not have enough time to The requirements of this paragraph months. These commenters reasoned address mine hazards or ensure that are intended to allow those of you who that many miners only work at the mine miners are working safely. A number of may already be using MSHA Form site two or three months out of the year, commenters stated that you should have 5000–23 for training certifications to and that these miners should not have the option of keeping records at a continue to use this form under the new to receive the same amount of training location other than the mine site. These rule. However, in response to as miners who are continuously commenters believed that this would commenters requesting flexibility in employed at a mine. The proposal does allow you to keep records in computer complying with recordkeeping not adopt this suggestion. The rationale format or at a central location, and requirements, the proposal would allow for a refresher training requirement is pointed out that the prevalence of the use of other forms that contain the that the passage of time results in the electronic mail, computer networks, and minimum information specified in loss of important information. Congress fax machines would permit those of you proposed paragraph (b). Under this determined that miners should be with records maintained away from the paragraph a form would be considered retrained at a specified interval—no less mine site to provide copies of any approved by us if it contains the frequently than every 12 months’and record essentially instantaneously, such information listed in paragraphs (b)(1) there is nothing in the Act’s legislative as to an MSHA inspector during a through (b)(5). Information required history that suggests that Congress regular inspection. would include— One commenter stated that intended that refresher training be given (1) The printed full name of the person every 12 working months rather than centralized record management was who received the training; calendar months. In extreme cases, this likely to be more reliable and more cost- (2) The type of training that was received, interpretation might mean that some effective for many of you than a less the duration of the training, the date the miners would receive refresher training automated system. Other commenters training was received, and the name of the every two or three years, rather than stated that at many mine sites the only person who provided the training; and once every year as provided in the Act. place where records could be kept (3) The mine name, MSHA mine would be in a pickup truck, because identification number, and the location Section 46.9 Records of Training there was nothing that resembled a mine where the training was given. This section of the proposal includes office on the sites. Another commenter We took this approach in response to requirements for you to record and indicated that many of you have comments that supported the certify that miners have received health multiple mine sites, and that often the elimination of some of the and safety training under this part. smaller sites are not well-suited for recordkeeping requirements under part Section 115(c) of the Mine Act record maintenance, particularly if the 48. This approach is similar to the provides that, upon completion of each records are computerized. Several approach taken for approved training training program, each operator shall commenters, however, believed that plans in proposed § 46.3—formal certify, on a form approved by the training certificates belonged at the approval of your recordkeeping format Secretary, that the miner has received mine site, and that such a requirement would not be required so long as the the specified training in each subject would not be particularly burdensome. record includes the minimum area of the approved health and safety The draft submitted by the Coalition information listed in the proposal. This training plan. The Mine Act also would require that you certify that is intended to provide you with the provides that a certificate for each miner required training has been provided, flexibility to tailor your method of shall be maintained by the operator and provide certificates of training to recordkeeping to the particular
VerDate 23-MAR-99 10:49 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\A14AP2.033 pfrm02 PsN: 14APP2 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules 18521 operation. We expect that in many cases require the statement to be signed by the miners to document their training status the recordkeeping system will be person who is identified in the training under our regulations at other mining computer-based; others may choose to plan, under proposed § 46.3(b)(2), as operations. However, we also anticipate keep certifications on MSHA Form responsible for health and safety that some miners will terminate their 5000–23. Still others whose records are training at the mine. The proposal employment because they are retiring or not computerized may choose to use would not require miners who have with no expectation of returning to another paper-based form. received training to initial or sign the mining. Because of this, the proposal It should be noted that the form; the proposal would also not would not require that you provide information required under the proposal require the signature of the person who these records to the miner is less inclusive than the information actually conducts the training, unless automatically. We do not believe that called for on MSHA Form 5000–23. We that person is designated in the plan as this provision is unduly burdensome for believe that the information listed in the responsible for health and safety the miner. However, we invite comment proposal would be sufficient to allow us training at the mine. on whether you should be required to to determine compliance with the This approach is taken in response to provide such records automatically training requirements. The information a number of commenters who supported upon the miner’s termination of should also enable miners and their reduced recordkeeping requirements. employment, or whether you should be representatives to determine that The proposal reflects our preliminary required to offer such records to the necessary training has been provided for determination that a miner’s initials or miner. every miner, without placing an signature do not enhance the likelihood Paragraph (d) provides that you must unnecessary recordkeeping burden on that training requirements will be make available at the mine site a copy you. However, we specifically invite fulfilled. However, we request of each miner’s training certificate for comment on whether information is comments on whether miners should be inspection by us and for examination by needed beyond what is included in required to sign their training miners and their representatives. This paragraph (b) to determine compliance certificates. We also request comment paragraph also states that if training with training requirements, and why on whether other persons besides the certificates are not maintained at the that additional information is necessary. person responsible for training at the mine site, you must have the capability Similarly, we are also interested in mine should be allowed to sign the to provide the certificates upon request whether any items of information listed certificates. by us, miners, or their representatives. in paragraphs (b)(1) through (b)(5) are Paragraph (c) adopts the requirement This is the same approach taken for unnecessary, and why. We also invite of section 115(c) of the Mine Act that training plans under proposed § 46.3. As comments on whether the final rule operators give miners copies of their explained in the preamble discussion should require the exclusive use of training certificates at the completion of for that section, no time is specified MSHA Form 5000–23 for training each training program. We intend that within which a copy of the records must certifications or of a similar form that miners receive copies of their be produced after a request is made by has been formally approved by us, and certifications after they have completed us or by miners. If you elect to keep why commenters believe such an the required 24 hours of new miner training certificates away from the mine approach is advisable or necessary. training, eight hours of annual refresher site, you must be able to produce copies Paragraph (b)(4) incorporates the training, newly-hired experienced miner of the training certificates within a requirement in section 115(c) of the training, or new task training. This reasonable period of time. In most cases, Mine Act that each health and safety would not prevent you from providing we would expect that the records could training certificate indicate on its face certificates to miners as partial be produced in a relatively short period that false certification that training was installments of required training are of time, particularly if they are to be conducted is punishable under § 110(a) completed, particularly when training is faxed or e-mailed to the mine site. In and (f) of the Mine Act. Section 110(a) spread out over some period of time. We those cases where a mine may not have of the Act provides that an operator who are interested in whether the a formal office, a longer period of time violates a mandatory standard or any requirements of this paragraph will to produce the records may be allowed other provision of the Act shall be ensure that miners will receive training depending upon the individual assessed a civil penalty of up to certificates in a timely manner. circumstances. $50,000. Section 110(f) of the Act Under paragraph (c), you would also Comments are invited on whether the provides that a person who makes a be required to give a miner a copy of his final rule should require that you false statement, representation, or or her training certificates when the maintain training certificates at the certification in records or other miner leaves your employ, upon the mine site. We also invite comment on documents filed or maintained under miner’s request. This adopts the the suggestion that the most recent the Act may be subject to criminal provision in section 115(c) of the Mine training certificates be required to be prosecution and fined up to $10,000 and Act that miners are ‘‘entitled’’ to a copy kept at the mine site, allowing you to imprisoned for up to 5 years. Paragraph of their certificates when they terminate maintain other certificates at another (b)(4) has been included in the proposal their employment with an operator. The location. We are also interested in to ensure that everyone who will be proposal interprets the statutory whether commenters believe that the affected by the final rule or who will be language to mean that a miner must be final rule should establish a deadline for responsible for compliance is aware of provided a copy if he or she requests it, you to produce records that are the civil and criminal penalties under but that you do not have to provide maintained away from the mine site, or the Mine Act for false training copies to miners who do not make such whether the language in the proposal is certification. a request. adequate. One possible alternative Finally, paragraph (b)(5) requires that We anticipate that miners who are would be require the records to be the training certificate also include a leaving for another job in the mining produced within a reasonable period of statement signed by the person industry or who intend to return to the time, but in no case longer than one responsible for training that ‘‘I certify mining industry at some point in the business day. that the above training has been future will request copies of their Paragraph (e) would require that you completed.’’ The proposal would training records. This will enable maintain copies of training certificates
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Under this provision, may be conducted on the sixth or are employees of a production-operator you would be required to retain a seventh working day provided that such would receive orientation at the mine miner’s training certificates while the work schedule has been established for site and instruction in site-specific miner continues to be employed by you. a sufficient period of time to be hazards and emergency procedures as At the termination of a miner’s accepted as the common practice. The part of their comprehensive training. employment, you would be required to proposed rule does not define the term ‘‘Miners’’ who are employees of maintain the miner’s certificates for at ‘‘sufficient period of time.’’ However, as independent contractors must also least 12 months after that employment discussed under the preamble for § 46.2, receive, in addition to comprehensive has ended. This approach would allow we intend that the schedule must have training, site-specific hazard training at us to determine compliance with the been in place long enough to provide the mine sites where they work. Under training requirements in this part for reasonable assurance that the schedule the proposal, hazard training must be both current and recently departed change was not motivated by the desire given before persons begin their work miners. However, we request comment to train miners on what had duties. on whether a shorter or longer period traditionally been a non-work day. As indicated earlier in the discussion for record retention is appropriate, and Paragraph (a) would also provide that of the definition of ‘‘miner’’ in proposed whether different record retention persons attending such training must be § 46.2, a number of commenters raised periods make sense for current and paid at a rate of pay that corresponds to the issue of workers whose presence at former miners. For example, part 48 the rate of pay they would have received the mine site is infrequent or whose requires that training certificates of had they been performing their normal activities at the mine site do not expose currently employed miners be retained work tasks. This provision has been them to significant mining hazards. for at least 2 years, or for 60 days after adopted from part 48. These commenters strongly termination of a miner’s employment. Paragraph (b) would require that if recommended that the proposed rule Some commenters advocated adoption training is given at a location other than not require these workers to receive of the part 48 time frames. the normal place of work, miners must comprehensive training. Instead, they be compensated for the additional costs, suggested that these workers be trained Section 46.10 Compensation for such as mileage, meals, and lodging in the hazards that exist at the mine site Training they may incur in attending such where they are working. Several This section of the proposal addresses training sessions. Although we commenters stated that a distinction when training under this part must be anticipate that much of the training must be made between workers such as conducted and the compensation that provided under this part will be given independent haulers who come on to miners must receive when they are at or near miners’ normal workplaces, in the mine site only to pick up a load of undergoing training. This section adopts those cases where miners must travel to material and then leave, and truck the provisions of section 115 of the receive required training, they are to be drivers who are working within the Mine Act that address compensation for fully compensated for their expenses of mine site and who haul from the pit to miners who attend required training. travel. the crushers. The issue of normal working hours This section has been included in the Some commenters stated that whether and compensation for training was the proposal to ensure that you and miners or not a worker is employed by a mining subject of only one comment. A speaker and their representatives are aware of company or by an independent at one of the public meetings stated that the statutory requirements concerning contractor should be irrelevant in the rule should include a specific compensation. We are interested in determining what type of training is provision that adopted the statutory comments on whether these proposed appropriate. Several commenters requirements in this area, to ensure that provisions adequately address the issue acknowledged that some contractor there was no confusion or uncertainty of compensation and the scheduling of employees at their operations were about the requirements of the Act. training. directly involved in the extraction or Section 115(b) of the Mine Act production process, and that it would be provides that health and safety training Section 46.11 Hazard Training appropriate to treat these employees as shall be provided during normal Under the proposal, persons who are miners for purposes of training. A working hours and that miners shall be not engaged in mining operations number of commenters agreed that paid at their normal rate of integral to extraction or production, and contractor employees who are engaged compensation when they take such who therefore do not fall within the in activities such as milling, extraction, training. Section 115(b) also requires definition of ‘‘miner’’ under proposed or blasting should be considered miners that if training is given at a location § 46.2, would not be required to receive and should receive comprehensive other than the normal place of work, comprehensive training. Instead, these training, which would include, as miners shall be compensated for the persons would be required to receive appropriate, new miner training or additional costs incurred in attending site-specific hazard training. As newly-hired experienced miner training. such training. discussed earlier, proposed § 46.2 Other commenters supporting this Paragraph (a) of proposed § 46.10 defines ‘‘hazard training’’ as information view stated that persons such as clerical incorporates this statutory requirement or instructions on the hazards a person staff who do not go into the plant or and would provide that health and could be exposed to while on mine quarry do not need extensive safety and safety training must be conducted property, as well as applicable health training, and should therefore be during normal working hours. As emergency procedures. These may excluded from the rule’s definition of discussed earlier in this preamble, the include site-specific risks such as ‘‘miner.’’ Another commenter indicated part 48 definition of ‘‘normal working unique geologic or environmental that the rule must clarify what type of hours’’ has been included in the conditions, traffic patterns, and training must be given to service
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For example, expect that many, if not most, comprehensive training because their construction workers would be exempt independent contractor employees will involvement in mining operations and from comprehensive training be required to receive hazard training exposure to mine hazards is limited. requirements under the Coalition draft under paragraph (a), because they do Commenters also generally supported a proposal. However, under our proposed not meet the definition of ‘‘miner’’ requirement for site-specific hazard rule, whether a construction worker under proposed § 46.2. However, training for contractor employees who must receive comprehensive training or employees of independent contractor also receive comprehensive training site-specific hazard training would employees who do fall within the because of the nature of their activities depend on what activities the worker is definition of ‘‘miner’’ also need effective at mine sites, but who move from job to engaged in at the mine site. As orientation to their new work job and mine site to mine site and need discussed in greater detail below, environment before they begin their job initial orientation at every new site hazard training would not be required if duties. Paragraph (b) would ensure that before they begin work. a person is accompanied at all times by such training is provided. Paragraph (b) The draft proposal of the Coalition an experienced miner. would also provide that if these miners would require site-specific hazard The proposed rule, unlike the have received newly-hired experienced training for specific categories of Coalition draft, would require hazard miner training at the mine, and have persons, commensurate with the training for outside vendors and therefore been instructed in the hazards associated risks, when the individuals visitors. We believe that a vendor or and conditions specific to the mine, are assigned work on mine property. visitor who will be in the vicinity of hazard training under proposed § 46.11 Hazard training would be required for mine hazards, even for a limited period would not be required. construction workers; individuals who of time, should receive hazard training Paragraph (c) would require you to enter mine property to service, unless accompanied by a knowledgeable provide hazard training before the maintain, assemble, or disassemble individual while at the mine site. affected person is exposed to mine mine extraction or production However, commenters should be aware hazards. This is intended to ensure that machinery; delivery, office or scientific that we do not intend that hazard persons coming onto mine property will workers; customer truck drivers; staff or training be required for individuals who be provided with the necessary administrative personnel; or others not may come onto property owned by the information about the mine hazards engaged in extraction or production mining operation but who never travel they may encounter at the mine site activities as related to mining and in the vicinity of the mine site. For before they are exposed to them. We milling. The Coalition draft would also example, the mine site would include believe there is no reason to allow any specifically exempt the listed persons areas where extraction or production delay in providing hazard training; from comprehensive training take place, such as the pit, quarry, allowing persons to be exposed to mine requirements. stockpiles, mine haul roads, or areas hazards before they receive hazard The Coalition draft would not require where customers travel or haul material. training would defeat the purpose of the hazard training for outside vendors, A soft drink deliveryman who goes no training. We expect that hazard training visitors, or office or staff personnel who farther than an office on mine property will not be overly burdensome and can do not work at the plant location on a would not be required to have hazard be effectively provided to affected continuing basis and do not have access training. Similarly, we do not intend to the mine site, or who are persons before they enter the mine site. that hazard training be required for Under paragraph (d), you may provide accompanied by someone familiar with office or staff personnel whose offices hazard training through the use of— hazards specific to the mine site. are located some distance from the mine Consistent with the Coalition draft site and whose duties never require (1) Written hazard warnings; and with recommendations from other their presence at the mine site. This is (2) Oral instruction; commenters, the proposal would base consistent with commenters who stated (3) Signs and posted warnings; training requirements on the worker’s (4) Walkaround training; or that you should not be required to train (5) Other appropriate means. activities at the mine. Under paragraph persons who will not be exposed to (a), persons who are present at the mine traditional mine or plant hazards. We Commenters had varying opinions on site but who do not fall within the solicit comments on whether this how long hazard training should last definition of ‘‘miner’’ in proposed § 46.2 approach is appropriate, and also and what form it should take. One would be required to receive only site- whether the language of the proposed commenter stated that this hazard specific hazard training. rule adequately addresses this issue. training could last about 15 minutes and Paragraphs (a)(1) through (a)(4) list Paragraph (b) would require that you would cover the conditions and hazards examples of persons who would be also provide site-specific hazard that the person would encounter at the required to receive hazard training, training to each person who is an job site. Another commenter stated that including scientific workers; delivery employee of an independent contractor, it might take one or two hours to alert workers and customers; occasional, and who is working at the mine as a the persons receiving the training of the short-term maintenance or service ‘‘miner’’ as defined in proposed § 46.2. site-specific hazards they might workers or manufacturers’ Although these employees would encounter at the mine site, such as representatives; and outside vendors, receive comprehensive training, they conditions or equipment in the area that visitors, office or staff personnel who do should also receive some form of site- could cause an injury. One commenter not work at the mine site on a specific hazard training, as from a large facility stated that any continuing basis. This list is intended to recommended by a number of contractor that comes onto the mine site provide examples of individuals who commenters. One commenter receives a one-hour safety rules and fall within this category, but is not specifically stated that the rule should awareness orientation to familiarize the
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The experienced miner training, and are based in part on of workers who are not involved with referred to in paragraph (e) would not be language in the draft proposal of the mining or extraction or the milling required to be the ‘‘competent person’’ Coalition. process, such as truck drivers who come defined in proposed § 46.2 but should A number of commenters stated that onto the mine site only to pick up a load be sufficiently familiar with the mine’s the rule should make clear that primary of material. operations and its hazards to ensure that responsibility for training employees of We intend that the proposed rule the person accompanied is protected independent contractors is on the allow you the flexibility to tailor hazard from danger while at the mine site. This contractor. These commenters felt that training to the specific operations and provision is intended to give you the the contractor, not the production- conditions at your mines. Depending on option to forego site-specific hazard operator, would be in the best position the circumstances, you may provide training, most likely for one-time to train his or her employees in the hazard training through informal but visitors, and instead provide the person health and safety aspects of their informative conversations; in other with a knowledgeable escort. We expect particular tasks. One commenter stated cases, you may choose to provide some that in many situations it may be easier that the main reason a production- form of walkaround training by guiding or more expedient for the person to be operator hires an independent the person receiving training around the accompanied, such as a visitor who is contractor is because the production- mine site, pointing out particular being taken on a mine tour and would operator does not have the expertise or hazards or indicating those areas where already be escorted by knowledgeable equipment to do the job safely, and that the person should not go, or some mine personnel. However, under the production-operators should not be combination of these methods. proposal, you may choose to accompany compelled to provide training for We also intend that hazard training be any category of person in lieu of independent contractor employees appropriate for the individual who is providing hazard training. beyond what is necessary to address receiving it, and that the breadth and Commenters should note that mine-specific hazards. Commenters depth of training may vary depending proposed § 46.9 would only require you were concerned about situations where on the skills, background, and job duties to certify training for ‘‘miners.’’ As a independent contractor employees of the recipient. For example, it may be result, the proposal would not require should receive comprehensive training, acceptable for you to provide hazard you to make or maintain records of site- because they are engaged in extraction training to customer truck drivers by specific hazard training for persons who or production or exposed to significant handing out a card to the drivers do not fit within the definition of mine hazards. Commenters stated that alerting them to the mine hazards or ‘‘miner.’’ We believe that a requirement contractor employees frequently are not directing them away from certain areas for recordkeeping of this training, adequately trained, but that it should of the mine site. In other cases, adequate particularly given the many operations not be the production-operator’s warning signs on mine property may be that accommodate outside customers on responsibility to provide this training. sufficient to direct persons away from a regular basis, would be unnecessarily Commenters recommended that the rule hazardous areas. However, we expect burdensome. However, we expect that specifically require contractors to that in a number of cases site-specific you will be able to demonstrate to ensure that their employees have the hazard training should be more inspectors that you are in compliance necessary training. extensive, such as for contractor with site-specific hazard training Commenters did agree that employees who fit the definition of requirements. For example, you could contractors need to be aware of the site- ‘‘miner,’’ and who have received show the inspector the hazard training specific hazards at the mine site and comprehensive training, but who need materials that are used; copies of the supported a requirement for production- orientation to the mine site and flyers or handouts containing hazard operators to provide site-specific hazard information on the mining operations information that you distribute to training to contractor employees who and mine hazards. Additionally, more persons on arrival at the mine site; or come onto mine sites to perform extensive hazard training would be visitor log books with a checklist that services. This section would address appropriate where an equipment indicates that hazard training was given these concerns. manufacturer’s representative comes to the visitors. Additionally, you could Because the part 46 definition of onto mine property for a short period of point out the signs on mine property ‘‘operator’’ includes independent time to service or inspect a piece of that warn of hazards or direct persons contractors, the term ‘‘production- mining equipment. Although this away from dangerous areas. We are operator’’ is used in this section and is individual may not be on mine property interested in comments as to whether defined in proposed § 46.2 as ‘‘any for a prolonged period, the person’s this approach is appropriate, or whether owner, lessee, or other person who exposure to mine hazards may warrant the final rule should require some form operates, controls, or supervises a training of a longer duration. of recordkeeping for the hazard training mine.’’ This is intended to refer to the We seek specific comment on whether received by all persons, not just miners. person or company who actually the flexibility that would be allowed operates the mine as a whole, as under paragraph (d) in providing hazard Section 46.12 Responsibility for opposed to the independent contractor training is appropriate and whether the Training who performs services there. Paragraph language of the proposed rule is This section of the proposed rule (a) provides that each production- sufficiently descriptive. We are also addresses the allocation of operator is primarily responsible for interested in whether there may be other responsibility for training between providing site-specific hazard training methods of providing hazard training production-operators and the to employees of independent that should be specifically included as independent contractors employing contractors; paragraph (b) provides that examples in the final rule. persons who work at the production- independent contractors who employ
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‘‘miners’’ are primarily responsible for Effective Date and Compliance Third Quarter of 1998, December 1998, pp. providing comprehensive training to Deadlines 1–5. their employees. This would not U.S. Geological Survey, Mineral Commodity We questioned a number of speakers Summaries, Stone (Crushed), Valentin V. prevent a production-operator from at the public meetings on how much arranging for the independent contractor Tepordei, January 1996, pp. 1–2. time should be allowed for the mining U.S. Geological Survey, Mineral Commodity to provide site-specific training to the community to come into compliance Summaries, Stone (Crushed), Valentin V. contractor’s employees; some with the final rule. Several speakers Tepordei, February 1997, pp. 1–2. independent contractors may also recommended that a year after the date U.S. Geological Survey, Mineral Commodity choose to arrange for the production- of publication of the final rule would Summaries, Stone (Crushed), Valentin V. operator to provide comprehensive provide a sufficient period of time for Tepordei, January 1998, pp. 1–2. U.S. Geological Survey, Mineral Commodity training for the contractors’ employees. affected operations to come into However, the primary responsibility for Summaries, Stone (Crushed), Valentin V. compliance. Several other speakers Tepordei, January 1999, pp. 1–2. site-specific hazard training would indicated that six months past the continue to rest on the production- U.S. Geological Survey, Mineral Commodity publication date would be adequate. Summaries, Sand and Gravel operator, while primary responsibility One possible approach would be (Construction), Wallace P. Bolen, January for comprehensive training of contractor phased-in compliance deadlines, where 1996, pp. 1–2. employees would continue to rest on certain of the rule’s requirements would U.S. Geological Survey, Mineral Commodity the independent contractor. go into effect at different stages. For Summaries, Sand and Gravel Production-operators would also be example, the requirement that you (Construction), Wallace P. Bolen, February required under paragraph (a) to inform develop and implement a training plan 1997, pp. 1–2. U.S. Geological Survey, Mineral Commodity independent contractors of site-specific might become effective six months after hazards associated with the mine site Summaries, Sand and Gravel the final rule is published, while the (Construction), Wallace P. Bolen, January and the obligation of the contractor to requirements for the various types of 1998, pp. 1–2. comply with our regulations, including miner training would take effect one U.S. Geological Survey, Mineral Commodity part 46. Independent contractors would year after publication. Summaries, Sand and Gravel be responsible under paragraph (b) for We are seeking comments on how to (Construction), Wallace P. Bolen, January informing the production-operator of approach this issue, specifically on 1999, pp. 1–2. any hazards of which the contractor is whether phased-in deadlines would be List of Subjects aware that may be created by the useful in facilitating compliance, and performance of the contractor’s work at what period of time will be needed for 30 CFR Part 46 the mine. These provisions are intended full compliance. We have not yet Mine safety and health, Reporting and to ensure that production-operators and determined what an appropriate recordkeeping requirements, Surface independent contractors share effective date would be. We understand mining, Training programs. information about hazards at the mine, that there will be a very large number so that their employees may work of operations coming into compliance 30 CFR Part 48 safely. simultaneously and wish to allow a The requirements of this section are reasonable amount of time for the Mine safety and health, Reporting and consistent with our current policy on transition. recordkeeping requirements, Training independent contractors. Under that programs. XI. References policy, independent contractors are Dated: April 6, 1999. responsible for compliance with the Act Federal Metal and Nonmetallic Mine Safety J. Davitt McAteer, Act, September 16, 1966. and regulations with respect to their Assistant Secretary for Mine Safety and Federal Coal Mine Health and Safety Act, activities at a particular mine. We also Health. cite independent contractors for December 30, 1969. violations committed by them and their Federal Mine Safety and Health Act, It is proposed to amend Chapter I of employees. However, neither this policy November 9, 1977. Title 30 of the Code of Federal H.R. Rep. No. 105–825 for H.R. 4328, 105th Regulations as follows: nor the provisions in this section change Cong., 2d Sess. (1998). production-operators’ basic compliance Joint Industry and Labor draft proposed rule PART 48Ð[AMENDED] responsibilities. Production-operators for Training and Retraining miners engaged are subject to all provisions of the Act in Shell Dredging or employed at Sand, and to all standards and regulations Gravel, Surface Stone, Surface Clay, 1. The authority citation for part 48 applicable to their mining operations. Colloidal Phosphate, or Surface Limestone continues to read as follows: This overall compliance responsibility Mines, February 1, 1999. Authority: 30 U.S.C. 811, 825. includes ensuring compliance by MSHA, Health and Safety Training and independent contractors with the Act Retraining of Miners, Final Rule, October 2. Section 48.21 is amended by 13, 1978 [43 FR 47454–47468]. and regulations. One way for adding a new sentence to the end of the MSHA, Notice of Public Meetings, November section to read as follows: production-operators to address this 3, 1998 [63 FR 59258]. responsibility is to confirm when MSHA, Experienced Miner and Supervisor § 48.21 Scope. contracting with independent training, Final Rule, October 6, 1998 [63 FR contractors that the contractors’ 53750]. ** * This part does not apply to employees will receive safety and health Omnibus Appropriations Act for 1999, Pub. training and retraining of miners at shell training, and to include this as a L. 105–277, October 21, 1998. dredging, sand, gravel, surface stone, provision in the contract. S. Rep. No. 105–300 for S. 2440, 105th Cong., surface clay, colloidal phosphate, and 2d Sess., (1998). We solicit comments on the allocation surface limestone mines, which are Transportation Equity Act ‘‘TEA–21’’ (Pub. L. covered under 30 CFR part 46. of training responsibility between 105–178), June 9, 1998. production-operators and independent U.S. Geological Survey, U.S. Department of 3. A new part 46 is added to contractors who employ workers at the Interior, Mineral Industry Surveys, subchapter H of Title 30 of the Code of mine sites. Crushed Stone and Sand and Gravel in the Federal Regulations to read as follows:
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PART 46ÐTRAINING AND production also includes the associated training at the mine. This person may be RETRAINING OF MINERS ENGAGED IN haulage of these materials at the mine. the operator; SHELL DREDGING OR EMPLOYED AT (e) Hazard training is information or (3) A general description of the SAND, GRAVEL, SURFACE STONE, instructions on the hazards a person teaching methods and the course SURFACE CLAY, COLLOIDAL could be exposed to while on mine materials that are to be used in PHOSPHATE, OR SURFACE property, as well as applicable providing the training, including the LIMESTONE MINES emergency procedures. These may subject areas to be covered and the include site-specific risks, such as approximate time to be spent on each Sec. unique geologic or environmental subject area; 46.1 Scope. conditions, traffic patterns, and (4) A list of the persons who will 46.2 Definitions. restricted areas; and warning and provide the training, and the subject 46.3 Training plans. areas in which each person is competent 46.4 Training program instruction. evacuation signals, emergency 46.5 New miner training. procedures, or other special safety to instruct; and 46.6 Newly-hired experienced miner procedures. (5) The evaluation procedures used to training. (f) Independent contractor is any determine the effectiveness of training. 46.7 New task training. person, partnership, corporation, (c) A plan that does not include the 46.8 Annual refresher training. subsidiary of a corporation, firm, minimum information specified in 46.9 Records of training. association, or other organization that paragraphs (b)(1) through (b)(5) of this 46.10 Compensation for training. contracts to perform services at a mine section must be approved by the 46.11 Hazard training. Regional Manager, Educational Field 46.12 Responsibility for training. under this part. (g) Miner is any person, including Services Division, or designee, for the Authority: 30 U.S.C. 811, 825. operators and supervisors, who works at region where the mine is located. You § 46.1 Scope. a mine under this part and who is also may voluntarily submit a plan for Regional Manager approval. Miners and The provisions of this part set forth engaged in mining operations integral to their representatives may also request the mandatory requirements for training extraction or production. review and approval of the plan by the and retraining miners working at shell (h) New miner is a newly-hired miner Regional Manager. dredging, sand, gravel, surface stone, who is not an experienced miner. (i) Normal working hours is a period (d) You must provide the miners’ surface clay, colloidal phosphate, or representative, if any, with a copy of the surface limestone mines. of time during which a miner is otherwise scheduled to work, including plan at least 2 weeks before the plan is § 46.2 Definitions. the sixth or seventh working day if such implemented or submitted to the The following definitions apply in a work schedule has been established Regional Manager for approval. At this part: for a sufficient period of time to be mines where no miners’ representative (a) Act is the Federal Mine Safety and accepted as the operator’s common has been designated, you must post a Health Act of 1977. practice. copy of the plan at the mine or provide (b) Competent person is a person (j) Operator is: a copy to each of the miners at least 2 designated by the operator who has the (1) Any production-operator; or weeks before you implement the plan or ability, training, knowledge, or (2) Any independent contractor submit it to the Regional Manager for experience to provide training to miners whose employees perform services at a approval. on a particular subject. The competent mine. (e) Within 2 weeks following the person must also be able to evaluate (k) Production-operator is any owner, receipt or posting of the training plan, whether the training given to miners is lessee, or other person who operates, miners or their representatives may effective. controls, or supervises a mine under submit written comments on the plan to (c)(1) Experienced miner is: this part. you, or to the Regional Manager, as (i) A person who is employed as a (l) Task is a component of a job that appropriate. miner on April 14, 1999; is performed on a regular basis and that (f) The Regional Manager must notify (ii) A person who began employment requires job knowledge. you and miners or their representatives as a miner after April 14, 1999 but (m) We or us is the Mine Safety and in writing of the approval, or status of before the effective date of the final rule Health Administration (MSHA). the approval, of the training plan within and who has received new miner (n) You is production-operators and 30 days after the date on which you training under § 48.25 of this title or independent contractors. submitted the training plan to us for under proposed requirements published approval. April 14, 1999 which are available from § 46.3 Training plans. (g) If you, miners, or miners’ the Office of Standards, Regulations and (a) You must develop and implement representatives wish to appeal a Variances, MSHA, 4015 Wilson a written plan, approved by us under decision of the Regional Manager, you Boulevard, Arlington VA 22203; or either paragraph (b) or (c) of this must send the appeal, in writing, to the (iii) A miner who has completed 24 section, that contains effective programs Director for Educational Policy and hours of new miner training under for training new miners and newly- Development, MSHA, 4015 Wilson § 46.5 of this part or under § 48.25 of hired experienced miners, training Boulevard, Arlington, Virginia 22203, this title and who has had at least 12 miners for new tasks, annual refresher within 30 days after notification of the months of surface mining or equivalent training, and hazard training. Regional Manager’s decision. The experience. (b) A training plan is considered Director will issue a decision within 30 (2) Once a miner is an experienced approved by us if it contains, at a days after receipt of the appeal. miner under this section, the miner will minimum, the following information: (h) You must make available at the retain that status permanently. (1) The company name, mine name, mine site a copy of the current training (d) Extraction or production is the and MSHA mine identification number; plan for inspection by us and for mining, removal, milling, crushing, (2) The name and position of the examination by miners and their screening, or sizing of minerals at a person designated by you who is representatives. If the training plan is mine under this part. Extraction or responsible for the health and safety not maintained at the mine site, you
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(c) Practice under the close emergency evacuation plans in effect at (a) You must ensure that each supervision of a competent person may the mine and instruction on the program, course of instruction, or be used to fulfill the requirement for firewarning signals and firefighting training session is: training on the health and safety aspects procedures; and (1) Conducted in accordance with the of an assigned task in paragraph (b)(4) (4) Instruction on the health and written training plan; and of this section, if hazard recognition safety aspects of the tasks to be (2) Presented by a competent person. training specific to the assigned task is assigned, including the safe work (b) You may conduct your own procedures of such tasks, and the training programs or may arrange for given before the miner performs the mandatory health and safety standards training to be conducted by: us, state, or task. (d) Within 60 days after each new pertinent to such tasks. other federal agencies; associations of miner begins work, you must provide (b) Except as provided in paragraphs operators; miners’ representatives; other (c) and (d) of this section, within 90 operators; contractors, consultants, the miner with the balance of the 24 days after each newly-hired experienced manufacturers’ representatives; private hours of training, including training in miner begins work, you must provide associations; educational institutions; or the following subjects: (1) Instruction on the statutory rights the miner with annual refresher training other training providers. (c) You may substitute equivalent of miners and their representatives under § 46.8 of this part, which must training required by the Occupational under the Act; include: (1) Instruction on the statutory rights Safety and Health Administration (2) A review and description of the of miners and their representatives (OSHA), or other federal or state line of authority of supervisors and under the Act; agencies, to meet requirements under miners’ representatives and the (2) A review and description of the this part, where appropriate. responsibilities of such supervisors and (d) Training may consist of classroom miners’ representatives; line of authority of supervisors and instruction, instruction at the mine site, (3) An introduction to your rules and miners’ representatives and the other innovative training methods, procedures for reporting hazards; responsibilities of such supervisors and alternative training technologies, or any (4) Instruction and demonstration on miners’ representatives; combination. the use, care, and maintenance of self- (3) An introduction to your rules and (e) Employee safety meetings, rescue and respiratory devices, if used procedures for reporting hazards; and including informal safety and health at the mine; and (4) Instruction and demonstration on talks and instruction, may be credited (5) A review of first aid methods. the use, care, and maintenance of self- under this part toward either new miner (e) A new miner who has less than 12 rescue and respiratory devices, if used training, newly-hired experienced miner months of surface mining or equivalent at the mine. training, or annual refresher training experience and has completed new (c) You must provide an experienced requirements, as appropriate, provided miner training under this section or miner who returns to the same mine, that you document each training session under § 48.25 of this title within 36 following an absence of 12 months or in accordance with § 46.9 of this part. months before beginning work at the less, with training on any changes at the mine does not have to repeat new miner mine that have occurred during the § 46.5 New miner training. training. However, you must provide the miner’s absence that could adversely (a) Except as provided in paragraphs miner with training specified in affect the miner’s health or safety. This (e) and (f) of this section, you must paragraph (b) of this section before the training must be given before the miner provide each new miner with no less miner begins work. begins work. If the miner missed any than 24 hours of training as prescribed (f) New miner training courses part of annual refresher training under by paragraphs (b) and (d) of this section. completed under § 48.5 or § 48.25 of this § 46.8 of this part during the absence, Miners who have not received the full title may be used to satisfy the you must provide the miner with the 24 hours of new miner training must requirements of paragraphs (a), (b), and missed training within 90 days after the work under the close supervision of an (d) of this section, if: miner begins work. experienced miner. (1) The courses were completed by (d) Miners who are employees of (b) You must provide each new miner the miner within 36 months before independent contractors and who work with the following training before the beginning work at the mine; and at the mine on a short-term basis, such miner begins work: (2) The courses are relevant to the as drillers or blasters, may receive either (1) An introduction to the work subjects specified in paragraphs (b) and newly-hired experienced miner training environment, including a visit and tour (d) of this section. at the mine under paragraphs (b) and (c) of the mine, or portions of the mine that of this section, or site-specific hazard are representative of the entire mine. § 46.6 Newly-hired experienced miner training at the mine under § 46.11 of The method of mining or operation training. this part. utilized must be explained; (a) Except as provided in paragraphs (2) Instruction on the recognition and (c) and (d) of this section, you must § 46.7 New task training. avoidance of hazards, including provide each newly-hired experienced (a) Before a miner performs a task for electrical hazards, at the mine; miner with the following training before which he or she has no previous (3) A review of the escape and the miner begins work: experience, you must train the miner in emergency evacuation plans in effect at (1) An introduction to the work the safety and health aspects and safe the mine and instruction on the environment, including a visit and tour work procedures specific to that task. If firewarning signals and firefighting of the mine, or portions of the mine that changes have occurred in a miner’s procedures; and are representative of the entire mine. regularly assigned task, you must (4) Instruction on the health and The method of mining or operation provide the miner with training that safety aspects of the tasks to be utilized must be explained; addresses the changes.
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(b) Practice under the close must provide each miner with a copy of § 46.12 Responsibility for training. supervision of a competent person may his or her training certificates upon (a) Each production-operator has be used to fulfill the requirement for request. primary responsibility for providing task training under this section. (d) You must make available at the site-specific hazard training to (c) Task training provided under this mine site a copy of each miner’s training employees of independent contractors section may be credited toward new certificates for inspection by us and for who are required to receive hazard miner training, as appropriate. examination by miners and their training under § 46.11 of this part. representatives. If training certificates Further, the production-operator must § 46.8 Annual refresher training. are not maintained at the mine site, you provide information to each (a) At least once every 12 months, you must have the capability to provide the independent contractor who employs a must provide each miner with no less certificates upon request by us, miners, person at the mine on site-specific than 8 hours of refresher training. or their representatives. hazards associated with the mine site (b) The refresher training must (e) You must maintain copies of and the obligation of the contractor to include instruction on changes at the training certificates and training records comply with our regulations, including mine that could adversely affect the for each currently employed miner the requirements of this part. miner’s health or safety, and may during his or her employment and for at (b) Each independent contractor who include instruction on such subjects as: least 12 months after a miner terminates employs a miner, as defined in § 46.2, applicable health and safety employment. at the mine has primary responsibility requirements, including mandatory for complying with §§ 46.3 through § 46.10 Compensation for training. health and safety standards; 46.10 of this part, including providing transportation controls and (a) Training must be conducted new miner and newly-hired communication systems; escape and during normal working hours; persons experienced miner training, new task emergency evacuation plans, required to receive such training must training, and annual refresher training. firewarning and firefighting; ground be paid at a rate of pay that corresponds Further, the independent contractor control; working in areas of highwalls, to the rate of pay they would have must inform the production-operator of water hazards, pits, and spoil banks; received had they been performing their any hazards of which the contractor is illumination and night work; first aid; normal work tasks. aware that may be created by the (b) If training is given at a location electrical hazards; prevention of performance of the contractor’s work at other than the normal place of work, accidents; health; explosives; and the mine. respiratory devices. persons required to receive such training must be compensated for the [FR Doc. 99–8894 Filed 4–8–99; 9:52 am] § 46.9 Records of training. additional costs, including mileage, BILLING CODE 4510±43±P (a) Upon a miner’s completion of each meals, and lodging, they may incur in training program, you must record and attending such training sessions. DEPARTMENT OF LABOR certify on MSHA Form 5000–23, or on § 46.11 Hazard training. a form that contains the information (a) You must provide site-specific Mine Safety and Health Administration listed in paragraph (b) of this section, hazard training to any person who is not that the miner has completed the a miner as defined under § 46.2 of this 30 CFR Part 46 training. False certification that training part but is present at a mine site under RIN 1219±AB17 was completed is punishable under this part, including: section 110(a) and (f) of the Act. (1) Scientific workers; Training and Retraining of Miners (b) The form must include: (2) Delivery workers and customers; Engaged in Shell Dredging or (1) The printed full name of the (3) Occasional, short-term Employed at Sand, Gravel, Surface person trained (first, middle, last maintenance or service workers, or Stone, Surface Clay, Colloidal names); manufacturers’ representatives; and Phosphate, or Surface Limestone (2) The type of training completed, (4) Outside vendors, visitors, office or Mines the duration of the training, the date the staff personnel who do not work at the training was received, and the name of mine site on a continuing basis. AGENCY: Mine Safety and Health the competent person who provided the (b) You must provide site-specific Administration (MSHA), Labor. training; hazard training to each person who is an ACTION: Proposed rule, notice of public (3) The mine name, MSHA mine employee of an independent contractor hearings. identification number, and location of and who is working at the mine as a training (if an institution, the name and miner, as defined in § 46.2 of this part, SUMMARY: We (MSHA) are announcing address of the institution). unless the miner receives newly-hired public hearings on our proposed rule on (4) The statement, ‘‘False certification experienced miner training at the mine the training and retraining of miners is punishable under section 110(a) and under § 46.6. engaged in shall dredging or employed (f) of the Federal Mine Safety and (c) You must provide hazard training at sand, gravel, surface stone, surface Health Act,’’ printed in bold letters and under this section before the affected clay, colloidal phosphate, or surface in a conspicuous manner; and person is exposed to mine hazards. limestone mines. The proposed rule (5) A statement signed by the person (d) You may provide hazard training appears elsewhere in this issue of the designated as responsible for health and through the use of written hazard Federal Register. safety training in the MSHA-approved warnings, oral instruction, signs and DATES: See SUPPLEMENTARY INFORMATION training plan for the mine that states, ‘‘I posted warnings, walkaround training, section for hearing dates. The record certify that the above training has been or other appropriate means. will remain open after the hearings until completed.’’ (e) Hazard training under this section June 16, 1999. (c) You must provide a copy of the is not required for any person who is ADDRESSES: See SUPPLEMENTARY training certificate to each miner at the accompanied at all times by an INFORMATION for hearing locations. completion of each training program. experienced miner who is familiar with Send requests to make oral When a miner leaves your employ, you hazards specific to the mine site. presentations—
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(1) By telephone to MSHA, Office of Definition of ‘‘Miner’’ toward verification of the effectiveness Standards, Regulations, and Variances We are interested in whether the of training plans in their execution, and at 703–235–1910; proposed definition of ‘‘miner’’ is in assisting operators in developing and (2) By mail to MSHA, Office of appropriate. Workers who fit the providing quality training to their Standards, Regulations, and Variances, definition of ‘‘miner’’ under the employees. Similarly, operator sand 4015 Wilson Boulevard, Room 631, proposal would be required to receive training providers would be able to Arlington, VA 22203–1984; comprehensive training, including new focus on the development and administration of training plans rather (3) By facsimile to MSHA, Office of miner training or newly-hired than on traditional procedures to gain Standards, Regulations, and Variances experienced miner training, as at 703–235–5551; or our approval. appropriate. Persons who fall outside We are interested in comments on (4) By electronic mail to this definition would be required to [email protected]. whether the proposed approach is receive site-specific hazard training. appropriate, and whether we should FOR FURTHER INFORMATION CONTACT: Under the proposal, a person engaged Carol J. Jones, Acting Director, Office of require information in addition to what in mining operations integral to is required in the proposal before we Standards, Regulations, and Variances, extraction or production would be MSHA, 4015 Wilson Boulevard, consider a plan approved, or whether considered a ‘‘miner.’’ We intend that we should require less information. We Arlington, VA 22203–1984. She can be the definition of ‘‘miner’’ include those reached at [email protected] (Internet E- are also interested in whether any workers whose activities are related to commenters believe a traditional plan mail); 703–235–1910 (Voice); or 703– the day-to-day process of extraction or approval process, similar to the process 235–5551 (Fax). production. in part 48, is needed to ensure that SUPPLEMENTARY INFORMATION: We We are particularly interested in training plans meet minimum standards published a proposed rule elsewhere in recommendations for final rule language of quality, and why this may be true. this issue of the Federal Register that would help to clarify the scope and addressing training and retraining of application of this definition. New Miner Training miners of mines where Congress has Specifically, we would like comments Under the proposal, no minimum prohibited us from expending funds to on whether the final rule’s definition of number of hours of training is required enforce training requirements since ‘‘miner’’ should include persons whose for a new miner before he or she begins fiscal year 1980. The proposed rule exposure to mine hazards is frequent or work under the close supervision of an would implement the training regular, regardless of whether they are experienced miner. Instead, the requirements of § 115 of the Federal engaged in extraction or production, or proposal requires instruction in four Mine Safety and Health Act of 1977 who are employed by the production- subject areas before the miner can (Mine Act) and provide for effective operator, similar to the approach taken assume work duties. By not requiring a miner training at the affected mines. in our training regulations in part 48. minimum number of hours of initial Another possible approach would be to training for new miners, the proposal I. Hearing Dates and Locations characterize a person’s activities more would provide flexibility to tailor We will conduct four public hearings specifically in terms of how integral or training plans to focus on the unique to receive comments from interested essential they are to extraction or needs of the mine and workforce and to parties on the proposed rule. All four production at the time. provide the most effective and relevant hearings are scheduled to run from 8:00 training for the new miners. At the same Plan Approval Process a.m. to 5:00 p.m., but will continue into time, because specific subject areas the evening if necessary to The proposal would require each would be covered before new miners accommodate as many participants as is operator to develop and implement a being work, the miners would receive reasonably possible. We will hold the written training plan that includes training on relevant topics to ensure that hearings on the following dates at the programs for training new miners and they are familiar with the operations following locations: newly-hired experienced miners, and environment at the mine,their job 1. May 18, 1999, Holiday Inn & Suites, training miners for new tasks, annual duties, and the hazards they may 5905 Kirkman Road, Orlando, Florida refresher training, and hazard training. encounter at the mine site. 32819, Tel. No. (407) 351–3333. Plans that include the minimum We are interested in whether 2. May 20, 1999, Sacramento information specified in the proposal commenters agree with this approach, Convention Center, 1400 J Street, would be considered approved and or whether the final rule should Sacramento, California 95814, Tel. No. would not be required to be submitted establish a minimum number of hours (916) 264–5291. to us for formal review, unless the of training that new miners must receive 3. May 25, 1999, Marriott Pittsburgh operator, a miner or a miners’ before beginning work. One possible Airport, 100 Aten Road, Pittsburgh, representative request it. Miners and approach would be to specify a Pennsylvania 15108, Tel. No. (412) 788– their representatives would also be minimum number of hours of initial 8800. given the opportunity to comment on training that must be provided to miners 4. May 27, 1999, Department of Labor, the plan before it is implemented. based on mine size or complexity of Frances Perkins Building, Auditorium, The approach taken in the proposal operation. For example, a large 200 Constitution Avenue, NW., for plan approval recognizes that,while operation may be required to provide Washington, DC 20210, Tel. No. (202) our review of written training plans eight hours of training, swhile a very 219–7816. could provide an initial check on the small operation would be required to quality of the program, such review provide one hour of training. We are II. Issues could not ensure that the program is interested in comments on this Speakers may raise or address any successful in its implementation. Rather alternative, particularly on the criteria issues relevant to the rulemaking. than expending our resources on the that might be used in determining how However, we are specifically interested review and approval of training plans at much initial new miner training must be in comments on certain issues. A short all of the mines affected by this rule, we given, such as employment, type of discussion of these issues follows. would instead direct those resources operation, type and amount of
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In terms of safety and health benefits, number of hours should be. we request comments on (1) our Effective Date and Compliance estimates of the number of fatalities New Task Training Deadlines likely to be prevented by compliance This proposed rule would require We are interested in comments on with the proposed rule; (2) the effect of miners to be trained for new tasks and how much time should be allowed for increased production levels on the for regularly assignee tasks that have the mining community to come into number of fatalities and the fatality rate; changed. The new task training compliance with the final rule. Several and (3) what factors, other than training, requirements in the proposal are very speakers at the public meetings stated might make exempt mines more performance-oriented, and do not that one year after the date of hazardous than nonexempt mines. include detailed specifications for this publication of the final rule would We are also interested in comments training. However, we are interested in provide a sufficient period of time for related to potential economic benefits comments on whether the final rule affected operations to come into you might derive from improved miner should include more detail and compliance. Several other speakers safety and health resulting from guidance on the elements of an effective indicated that six months past the compliance with the rule. For example, new task training program, and what publication date would be adequate. during the public meetings, several areas should be addressed. We are also One possible approach would be speakers stated that their companies interested in comments on whether new phased-in compliance deadlines, where were able to reduce workers’ task training requirements under the some of the rule’s requirements would compensation insurance costs final rule should be modeled after the go into effect at different stages. For significantly by instituting an effective requirements in part 48, as example, the requirement that you safety and health training program. We recommended by some comments at the develop and implement a training plan are specifically interested in comments public meetings. might become effective six months after concerning how compliance with the final rule is published, while the proposed part 46 might affect workers’ Training Instructors requirements for the various types of compensation costs at your operations. The proposal would not require a miner training would take effect one Other economic benefits from improved formal program for the approval or year after publication. miner health and safety we request your certification of instructors,or establish We are seeking comments on whether comments on include, but are not rigid minimum qualifications for phased-in deadlines would be useful in limited to, an increase in productivity; instructors. Instead, training must be facilitating compliance, and what period a reduction in property loss and down provided by a ‘‘competent person,’’ of time will be needed for full time associated with accidents; and a which is defined as a person designated compliance. We understand that there reduction in employee turnover. by the operator who has the ability, will be a very large number of training, knowledge, or experience to operations coming into compliance III. Hearing Procedures provide training to miners on a simultaneously and wish to allow a We will conduct the hearings in an particular subject. Under this definition, reasonable amount of time for the informal manner with a panel of MSHA the competent person must also be able transition. officials. Although formal rules of to evaluate the effectiveness of the evidence or cross examination do not Costs and Benefits of the Proposed Rule training. apply, the chair may exercise discretion We are interested in comments on the We are interested in comments on all to ensure the orderly progress of the approach taken in the proposal for elements (including methodology, hearings and may exclude irrelevant or instructors, particularly on the fact that assumptions, and data) of our analysis unduly repetitious material and the proposal would not require a formal of the costs and benefits of compliance questions. instructor approval or certification with the proposed rule. We will begin each session with an program. We are also interested in In terms of compliance costs, we opening statement and will then give commenters’ views on whether the final specifically request comments on the members of the public an opportunity to rule should require some minimum following issues: (1) The non- make oral presentations. The hearing amount of formal training for compliance estimates used in our panel may ask questions of speakers. instructors, designed to ensure that the preliminary Regulatory Economic Verbatim transcripts of the proceedings instructor has the communication skills Analysis for the proposed rule and will be prepared and made a part of the needed to provide effective training. whether partial compliance with rulemaking record. Copies of the existing part 48 training requirements hearing transcripts will be made Annual Refresher Training would be a more realistic and useful available for public review, and will Under the proposal, refresher training assumption; (2) whether new mines are also be posted on our Internet Home must include, at a minimum, instruction predominantly opened by current mine Page at http://www.msha.gov. on changes at the mine that could owners (who would presumably be able We will also accept written comments adversely affect the miner’s health or to adopt an approved training plan) and, and other appropriate information from safety. The proposal includes a list of more generally, whether the cost any interested party, including those suggested topics that refresher training assumptions for existing mines to who do not make oral presentations. All could cover, but these topics are not develop a training plan are equally comments and information submitted mandatory. We are interested in applicable to new mines; (3) the will be considered by us in the whether the final rule should include assumptions concerning short safety development of the final rule and more detailed requirements or guidance meetings used to derive the estimate of included as part of the rulemaking for refresher training programs. We are exempt mine operator savings record. To allow for the submission of also interested in whether there are any attributable to the proposed rule; and (4) posthearing comments, the record will other subjects that commenters believe the cost assumptions concerning hazard remain open until June 16, 1999.
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Dated: April 6, 1999. Marvin W. Nichols, Jr., Deputy Assistant Secretary for Mine Safety and Health. [FR Doc. 99–8895 Filed 4–8–99; 9:52 am] BILLING CODE 4510±43±U
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DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: funds provided to veterinary schools and agricultural experiment stations Background and Purpose Cooperative State Research, under section 1433 of NARETPA, as Education, and Extension Service The Cooperative State Research, amended (7 U.S.C. 3195). Education, and Extension Service The 1862, 1890, and 1994 institutions 7 CFR Part 3418 (CSREES) proposes a rule to implement are not the sole institutions eligible to section 102(c) of the Agricultural RIN 0524±AA23 receive formula funds under all of these Research, Extension, and Education Acts. There is one agricultural Stakeholder Input Requirements for Reform Act of 1998 (AREERA) (7 U.S.C. experiment station that is not a college Recipients of Agricultural Research, 7612(c)) which requires 1862, 1890, and or university, and a handful of forestry Education, and Extension Formula 1994 institutions (specific land-grant or veterinary schools that are not land- Funds colleges and universities as defined by grant institutions. However, given that section 2 of AREERA (7 U.S.C. 7601)) the number of such institutions is de AGENCY: Cooperative State Research, receiving agricultural research, minimus, and the impracticality of Education, and Extension Service, extension, or education formula funds trying to segregate stakeholder USDA. from CSREES to establish a process for comments with respect to these few ACTION: Notice of proposed rulemaking. receiving input from persons who institutions, CSREES has determined to conduct or use agricultural research, apply this proposed rule to any SUMMARY: The Cooperative State extension, or education on the uses of recipient of the aforementioned formula Research, Education, and Extension such funds. For purposes of this rule, funds. Service (CSREES) proposes to add a new these persons are referred to as The proposed rule does not require part 3418 to Title 7, Subtitle B, Chapter stakeholders. Section 102(c)(2) of recipient institutions to adopt any XXXIV of the Code of Federal AREERA required the Secretary of particular format for soliciting Regulations, for the purpose of Agriculture to promulgate regulations stakeholder input. It only requires that implementing section 102(c) of the specifying what those land-grant recipient institutions report annually to Agricultural Research, Extension, and institutions had to do to meet this CSREES (1) the actions taken to Education Reform Act of 1998 stakeholder input requirement, and encourage stakeholder input; and (2) a (AREERA) (7 U.S.C. 7612(c)) which what consequences would befall any brief statement of the process used by a requires 1862 land-grant institutions, institution that did not meet such a recipient institution to identify 1890 land-grant institutions, and 1994 requirement. individuals or groups as stakeholders land-grant institutions that receive Section 102(c) on its face only applies and to collect input from them. agricultural research, extension, or to land-grant colleges and universities Failure to comply with the education formula funds to establish a established pursuant to the First Morrill requirements of this rule may result in process for stakeholder input on the Act, as amended (7 U.S.C. 301, et seq.) the withholding of a recipient uses of such funds. Failure to comply (1862 institutions), the Second Morrill institution’s formula funds and with these shakeholder input Act, as amended (7 U.S.C. 321, et seq.) redistribution of its share of formula requirements may result in the (1890 institutions), and the Equity in funds to other eligible institutions, as withholding of a recipient institution’s Educational Land-Grant Status Act of authorized by law. formula funds and redistribution of its 1994, as amended (7 U.S.C. 301 note) In addition to the comments from the share of formula funds to other eligible (1994 institutions). CSREES has recipient institutions directly affected institutions. determined that the formula funds by this rule, CSREES encourages public specified in section 102(c) are: DATES: Written comments are invited comments from stakeholders. Interested agricultural research funds provided to from interested individuals and parties also are invited to review the the 1862 institutions and agricultural organizations. To be considered in the Guidelines for State Plans of Work to be experiment stations under the Hatch Act formulation of the final rule, comments published in the Federal Register for of 1887, as amended (7 U.S.C. 361a, et must be received on or before May 14, comment by mid April 1999, which will seq.); extension funds provided to 1862 1999. describe related land-grant processes institutions under sections 3(b) and 3(c) involving stakeholders. ADDRESSES: Address all comments to of the Smith-Lever Act, as amended (7 CSREES–USDA; Office of Extramural U.S.C. 343(b) and (c)), and section Classification Programs; Policy and Program Liaison 208(c) of the District of Columbia Public This rule has been reviewed under Staff; Mail Stop 2299; 1400 Postsecondary Education Executive Order 12866 and has been Independence Avenue, S.W.; Reorganization Act, Pub. L. 93–471, as determined to be nonsignificant as it Washington, DC 20250–2299. amended; agricultural research and will not create a serious inconsistency Comments may be hand-delivered to extension funds provided to 1890 or otherwise interfere with an action CSREES–USDA; Office of Extramural institutions under sections 1444 and planned by another agency; will not Programs; Policy and Program Liaison 1445, respectively, of the National materially alter the budgetary impact of Staff; Room 302 Aerospace Center; 901 Agricultural Research, Extension, and entitlement, grants, user fees, or loan D Street, SW; Washington, DC 20024. Teaching Policy Act of 1977 programs, or the rights and obligations Comments may also be mailed (NARETPA), as amended (7 U.S.C. 3221 of the recipients thereof; and will not electronically to [email protected]. and 3222); education formula funds raise novel legal or policy issues arising FOR FURTHER INFORMATION CONTACT: provided to 1994 institutions under out of legal mandates, the President’s Louise Ebaugh; Director, Office of section 534(a) of the Equity in priorities, or principles set forth in this Extramural Programs; Cooperative State Educational Land-Grant Status Act of executive order. This rule also will not Research, Education, and Extension 1994 (7 U.S.C. 301 note); research funds have an annual effect on the economy Service; U.S. Department of Agriculture; provided for forestry schools under the of $100 million or more or adversely Washington, DC 20250; at 202–720– McIntire-Stennis Act of 1962, as affect in a material way the economy, a 9181, 202–401–7752 (fax) or via amended (16 U.S.C. 582a, et seq.); and sector of the economy, productivity, electronic mail at [email protected]. animal health and disease research competition, jobs, the environment,
VerDate 23-MAR-99 16:53 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14APP3.XXX pfrm03 PsN: 14APP3 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Proposed Rules 18535 public health or safety, or State, local, institutions as defined in the regulation, PART 3418ÐSTAKEHOLDER INPUT or tribal governments or communities. which will provide information to REQUIREMENTS FOR RECIPIENTS OF USDA on the process and actions used Regulatory Flexibility Act AGRICULTURAL RESEARCH, by recipient institutions to identify EDUCATION, AND EXTENSION The Department certifies that this rule stakeholders and solicit their input. FORMULA FUNDS will not have a significant impact on a Second-tier respondents to the substantial number of small entities as collection of information will be the Sec. defined in the Regulatory Flexibility stakeholders who conduct or use 3418.1 Definitions. 3418.2 Scope and Purpose. Act, Pub. L. No. 96–534 (5 U.S.C. 601 agricultural research, extension, or et seq.). Accordingly, a regulatory 3418.3 Applicability. education within a State or tribe 3418.4 Reporting Requirement. flexibility analysis is not required for receiving formula funds. 3418.5 Failure to Report. this proposed rule. This collection of information will be 3418.6 Prohibition. Catalog of Federal Domestic Assistance mandatory for first-tier respondents Authority: 5 U.S.C. 301; 7 U.S.C. 7612(c)(2). The programs affected by this rule are while it will be voluntary for the listed in the Catalog of Federal Domestic second-tier respondents. § 3418.1 Definitions. Assistance under No. 10.203, Payments Estimate of the Burden: The burden As used in this part: to Agricultural Experiment Stations on the first-tier respondents is estimated 1862 institution means a college or Under the Hatch Act, No. 10.205, at 9.19 hours per response. university eligible to receive funds Payments to 1890 Land-Grant Colleges Estimated Number of Respondents: under the Act of July 2, 1862 (7 U.S.C. and Tuskegee University, No. 10.202, 116. 301, et seq.). Cooperative Forestry Research, No. Estimated Annual Number of 1890 institution means a college or 10.207, Animal Health and Disease Responses: 311. university eligible to receive funds Research, No. 10.500, Cooperative under the Act of August 30, 1890 (7 Extension Service, and No. 10.221, Estimated Total Annual Burden on U.S.C. 321, et seq.), including Tuskegee Tribal Colleges Education Equity Grants. Respondents: 2,859 hours. University. Frequency of Responses: Annually. 1994 institution means an institution Paperwork Reduction Act Comments: Comments are invited on: as defined in section 532 of the Equity In accordance with the Office of (a) whether the proposed collection of in Educational Land-Grant Status Act of Management and Budget (OMB) information is necessary for the proper 1994 (7 U.S.C. 301 note). regulations (5 CFR part 1320) which performance of the functions of the Formula funds means agricultural implement the Paperwork Reduction Agency, including whether the research funds provided to 1862 Act of 1955 (44 U.S.C. chapter 35), the information will have practical utility; institutions and agricultural experiment information collection and (b) the accuracy of the Agency’s stations under the Hatch Act of 1887 (7 recordkeeping requirements that will be estimate of the burden of the proposed U.S.C. 361a, et seq.); extension funds imposed in implementation of this collection of information including the provided to 1862 institutions under proposed rule have been submitted to validity of the methodology and sections 3(b) and 3(c) of the Smith-Lever OMB for approval. These requirements assumptions used; (c) ways to enhance Act (7 U.S.C. 343(b) and (c)) and section would not become effective prior to the quality, utility, and clarity of the 208(c) of the District of Columbia Public OMB approval. information to be collected; and (d) Postsecondary Education This new collection of information ways to minimize the burden of Reorganization Act, Pub. L. 93–471; and recordkeeping requirement will collection of information on those who agricultural extension and research enable CSREES to determine whether are to respond, including the use of funds provided to 1890 institutions the recipient institutions have appropriate automated, electronic, under sections 1444 and 1445 of the established and implemented mechanical, or other technological National Agricultural Research, stakeholder input processes. Many of collection techniques or other forms of Extension, and Teaching Policy Act of the land-grant institutions already have information technology. Comments may 1977 (NARETPA) (7 U.S.C. 3221 and functioning stakeholder input processes be sent to: CSREES–USDA; Office of 3222); education formula funds and use the results of these processes to Extramural Programs; Policy and provided to 1994 institutions under develop long range plans, commonly Program Liaison Staff; Mail Stop 2299; section 534(a) of the Equity in referred to as plans of work, for their 1400 Independence Avenue, S.W.; Educational Land-Grant Status Act of agricultural research, education, and Washington, DC 20250–2299 by June 14, 1994 (7 U.S.C. 301 note); research funds extension activities. The proposed 7 1999 or to the Desk Officer for provided to forestry schools under the CFR 3418 will require that by October Agriculture, Office of Information and McIntire-Stennis Act of 1962 (16 U.S.C. 1, 1999, each recipient institution will Regulatory Affairs, Office of 582a, et seq.); and animal health and have established and implemented a Management and Budget, Washington, disease research funds provided to stakeholder input process on the uses of DC 20502. Reference should be made to veterinary schools and agricultural their agricultural research, education, the volume, page, and date of this experiment stations under section 1433 and extension formula funds and that Federal Register publication. of NARETPA (7 U.S.C. 3195). the institution submit an annual report Recipient institution means any 1862 on this process to CSREES. Failure to List of Subjects in 7 CFR 3418 institution, 1890 institution, 1994 comply may result in the withholding of institution, or any other institution that Agricultural education, Agricultural a recipient institution’s formula funds receives formula funds from the extension, Agricultural research, and redistribution of its share of formula Department of Agriculture. Colleges and universities. funds to other eligible institutions, as Stakeholder means any person who authorized by law. For reasons stated in the preamble, has the opportunity to use or conduct Respondents: First-tier respondents chapter XXXIV of Title 7 of the Code of agricultural research, extension, or will be the land-grant institutions of the Federal Regulations is amended by education activities of recipient States and tribes, or other specific adding Part 3418 to read as follows: institutions.
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§ 3418.2 Scope and purpose. stakeholder input on the uses of formula fails to either comply with § 3418.3 or Section 102(c) of the Agricultural funds in accordance with this part. report under § 3418.4. Research, Extension, and Education § 3418.4 Reporting requirement. § 3418.6 Prohibition. Reform Act of 1998 (7 U.S.C. 7612(c)) Each recipient institution shall report requires land-grant institutions, as a to the Department of Agriculture by A recipient institution shall not condition of receipt of formula funds, to October 1 of each fiscal year, the require input from stakeholders as a solicit and consider input and following information related to condition of receiving the benefits of, or recommendations from stakeholders stakeholder input and participating in, the agricultural concerning the use of formula funds. recommendations: (1) actions taken to research, education, or extension This regulation implements this seek stakeholder input that encourages programs of the recipient institution. requirement consistently for all their participation and Done at Washington, DC, this 7th day of recipient institutions that receive (2) a brief statement of the process April 1999. used by the recipient institution to formula funds. Eileen Kennedy, identify individuals and groups who are § 3418.3 Applicability. stakeholders and to collect input from Deputy Under Secretary, Research, them. Education, and Economics. To obtain formula funds after [FR Doc. 99–9262 Filed 4–13–99; 8:45 am] September 30, 1999, each recipient § 3418.5 Failure to report. BILLING CODE 3410±22±P institution shall establish and Formula funds may be withheld and implement a process for obtaining redistributed if a recipient institution
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DEPARTMENT OF HOUSING AND Facsimile (FAX) comments will not be ‘‘Investigation Procedures’’). Subpart D URBAN DEVELOPMENT accepted. concerns investigation procedures for FOR FURTHER INFORMATION CONTACT: fair housing complaints. 24 CFR Part 103 Judith Keeler, Acting Director, Office of Plain Language Enforcement, Office of Fair Housing and [Docket No. FR±4433±I±01] Equal Opportunity, U.S. Department of HUD has revised 24 CFR part 103, subpart B using plain language in RIN 2529±AA86 Housing and Urban Development, 451 Seventh Street, SW, Washington, DC response to President Clinton’s Fair Housing Complaint Processing; 20410–2000; telephone (202) 708–0836 Memorandum of June 1, 1998, entitled Plain Language Revision and (this is not a toll-free number). Hearing ‘‘Plain Language in Government’’ (63 FR Reorganization or speech impaired individuals may 31885, Wednesday, June 10, 1998). In access this number via TTY by calling this memorandum, President Clinton AGENCY: Office of the Assistant the toll-free Federal Information Relay directed Federal agencies to use plain Secretary for Fair Housing and Equal Service at (800) 877–8339. language in all government writing. Opportunity, HUD. With respect to rules, President Clinton SUPPLEMENTARY INFORMATION: ACTION: Interim rule. directed Federal agencies to use plain Background language in new proposed and final SUMMARY: This interim rule revises Title VIII of the Civil Rights Act of rules beginning January 1, 1999. In the HUD’s regulations that concern the 1968 (Public Law 90–284, 82 Stat. 81, same memorandum, President Clinton processing of fair housing complaints in approved April 11, 1968, codified as also urged Federal agencies to consider two ways. First, the current sections that amended at 42 U.S.C. 3601–3619) (the rewriting existing regulations in plain address the filing of complaints have Fair Housing Act) prohibits language, as resources permit. been rewritten using plain language. discrimination in the sale, rental, or Plain language is an approach to Plain language is an approach to writing financing of housing based on race, writing that promotes responsive, that promotes responsive, accessible, color, religion, national origin, sex, accessible, and understandable written and understandable written disability, or familial status. To enforce communications. It involves the use of communication. Second, the sections this prohibition, the Fair Housing Act a number of writing tools to create that address the investigation of authorizes HUD to receive and documents that are visually inviting, complaints have been moved to another investigate housing discrimination logically organized, and understandable place in the regulations. We are revising complaints. on the first reading. These writing tools these regulations to make the In 1988, the Fair Housing include: procedures for filing housing Amendments Act (Public Law 100–430, —Using the active voice and strong discrimination complaints easier to 102 Stat. 1619, approved September 13, verbs; understand. This rule does not change 1988) (the 1988 Act) expanded HUD’s —Using compact sentences; the substance of the existing fair authority to initiate fair housing —Using personal pronouns such as housing complaint processing investigations and to file complaints. ‘‘you’’ and ‘‘we’’; regulations. We implemented the 1988 Act through —Using common, everyday words; DATES: Effective Date: May 14, 1999. final regulations published on January —Avoiding surplus words and technical Comments Due Date: Comments must be 23, 1989 (54 FR 3232). The January 23, or legal jargon; submitted by June 14, 1999. 1989 final rule, among other things, —Using tables to present information ADDRESSES: Interested persons are established a new 24 CFR part 103. Part where appropriate; and invited to submit comments regarding 103 describes the policies and —Using a design and layout that this interim rule to the Rules Docket procedures that govern the processing of increases comprehension. Clerk, Office of the General Counsel, fair housing complaints. We selected subpart B of 24 CFR part Room 10276, Department of Housing This rule revises subpart B (entitled 103 as the first of our regulations to be and Urban Development, 451 Seventh ‘‘Complaints’’) of the part 103 rewritten in plain language format, Street, SW, Washington, DC 20410– regulations in two ways. First, the because it is important that regulations 0500. Comments should refer to the sections in subpart B that address the addressing housing discrimination be above docket number and title. A copy filing of complaints have been rewritten easy to understand. of each comment submitted will be using plain language. Second, the For more information about plain available for public inspection and sections in subpart B that address the language, please contact the National copying between 7:30 am and 5:30 pm investigation of complaints have been Partnership for Reinventing Government weekdays at the above address. moved to subpart D (entitled using one of the following methods:
If you are using this method... please use this address:
World Wide Web ...... http://www.plainlanguage.gov Email ...... [email protected] Postal Address ...... National Partnership for Reinventing Govern- ment 750±17th Street, NW, Suite 200, Washington, DC 20006. Phone (voice) ...... Customer Service Desk: (202) 694±0001.
Sections Moved From Subpart B to 103, subpart B to 24 CFR part 103, Subpart D addresses the investigation Subpart D of 24 CFR Part 103 subpart D. These sections, which relate procedures for fair housing complaints. This interim rule moves §§ 103.45, to the investigation of complaints, are In addition, this rule adds a new 103.50, and 103.55 from 24 CFR part more appropriately located in subpart D. § 103.204 to subpart D, entitled ‘‘HUD
VerDate 23-MAR-99 17:06 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\14APR3.XXX pfrm01 PsN: 14APR3 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Rules and Regulations 18539 complaints and compliance reviews.’’ et seq.), section 109 of the Housing and Substance of Complaints Filing Process Paragraph (a) of new § 103.210 clarifies Community Development Act of 1974 Unchanged that HUD may conduct a fair housing (Public Law 93–383, 88 Stat. 633, 649, This interim rule does not change the investigation and file a complaint based approved August 22, 1974, codified at substance of the existing fair housing on information that one or more 42 U.S.C. 5309), section 504 of the complaint processing regulations. We discriminatory housing practices has Rehabilitation Act of 1973 (Public Law are revising these regulations to make occurred, or is about to occur. 93–112, 87 Stat. 355, 394, approved the housing discrimination filing Paragraph (b) of § 103.210 repeats the September 26, 1973, codified as procedures more accessible and language of current § 103.10(b). This amended at 29 U.S.C. 794), and the Age understandable to the public. All section concerns HUD compliance Discrimination Act of 1975 (Public Law procedures and requirements for filing reviews under other civil rights 94–135, 89 Stat. 728, approved housing discrimination complaints authorities, such as Executive Order November 28, 1975, codified as remain as they are currently. 11063, entitled ‘‘Equal Opportunity in amended at 42 U.S.C. 6101–6107). HUD List of Fair Housing Offices Housing’’ (27 FR 11527, November 20, is making these revisions to clarify and 1962, reprinted as amended at 42 U.S.C. simplify the organization of its fair The list of HUD’s fair housing offices, 1982 note), title VI of the Civil Rights housing complaint processing with mailing addresses and phone Act of 1964 (Public Law 88–352, 78 Stat. regulations. numbers, is provided in the table below. 241, 252, approved July 2, 1964, These offices have special expertise in codified as amended at 42 U.S.C. 2000d handling fair housing claims.
If you are in this area... please contact this office:
Connecticut, Maine, Massachusetts, New Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, Thomas P. Hampshire, Rhode Island, or Vermont. O'Neill, Jr. Federal Building, 10 Causeway Street, Room 321, Boston, MA 02222±1092, (617) 565±5308; (800) 827±5005; TTY (617) 565±5453. New Jersey or New York ...... Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, 26 Federal Plaza, Room 3532, New York, NY 10278±0068, (212) 264±9610; (800) 496±4294; TTY (212) 264±0927. Delaware, District of Columbia, Maryland, Penn- Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, The Wana- sylvania, Virginia, or West Virginia. maker Building, 100 Penn Square East, Philadelphia, PA 19107±3380, (215) 656±0660; (888) 799±2085; TTY (215) 656±3450. Alabama, the Caribbean, Florida, Georgia, Ken- Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, Richard B. tucky, Mississippi, North Carolina, South Russell Federal Building, 75 Spring Street, SW, Room 320, Atlanta, GA 30303±3388, (404) Carolina, or Tennessee. 331±5140; (800) 440±8091; TTY (404) 730±2654. Illinois, Michigan, Minnesota, Ohio, or Wis- Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, Ralph H. consin. Metcalfe Federal Building, 77 West Jackson Boulevard, Room 2101, Chicago, IL 60604± 3507, (312) 353±7776; (800) 765±9372; TTY (312) 353±7143. Arkansas, Louisiana, New Mexico, Oklahoma, Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, 1600 or Texas. Throckmorton, Room 502, Fort Worth, TX 76113±2905, (817) 978±9270; (800) 498±9371; TTY (817) 978±9274. Iowa, Kansas, Missouri, or Nebraska ...... Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, Gateway Tower II, 400 State Avenue, Room 200, Kansas City, KS 66101±2406, (913) 551±6958; (800) 743±5323; TTY (913) 551±6972. Colorado, Montana, North Dakota, South Da- Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, 633 17th kota, Utah, or Wyoming. Street, Denver, CO 80202±3607, (303) 672±5437; (800) 877±7353; TTY (303) 672±5248. Arizona, California, Hawaii, or Nevada ...... Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, Phillip Bur- ton Federal Building and U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102±3448, (415) 436±8400; (800) 347±3739; TTY (415) 436±6594. Alaska, Idaho, Oregon, or Washington ...... Fair Housing Enforcement Center, U.S. Dept. of Housing and Urban Development, Seattle Federal Office Building, 909 First Avenue, Room 205, Seattle, WA 98104±1000, (206) 220± 5170; (800) 877±0246; TTY (206) 220±5185. If after contacting the local office nearest you, U.S. Dept. of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, you still have questionsÐyou may contact 451 Seventh Street, SW, Room 5204, Washington, DC 20410±2000, (202) 708±0836; (800) HUD further at:. 669±9777; TTY (800) 927±9275.
Findings and Certifications purpose of this rule is to make the 1538)(UMRA) requires Federal agencies housing discrimination filing to assess the effects of their regulatory Justification for Interim Rule procedures more accessible and actions on State, local, and tribal Ordinarily, HUD provides notice and understandable to the public by using governments and on the private sector. an opportunity for the public to plain language. The rule does not make This interim rule does not impose, comment on rules before they become substantive changes to the regulations. within the meaning of the UMRA, any effective. If, however, we determine that All procedures and requirements for Federal mandates on any State, local, or, notice and public comment are filing housing discrimination tribal governments or on the private impracticable, unnecessary, or contrary complaints remain as they are currently. sector. to the public interest, we are permitted, Unfunded Mandates Reform Act Environmental Impact under 24 CFR 10.1 (entitled ‘‘Policy’’), to issue regulations directly through an Title II of the Unfunded Mandates This interim rule sets out non- interim or final rule. In this case, we Reform Act of 1995 (Public Law 104–4, discrimination enforcement procedures. have determined that initial notice and 109 Stat. 48, 64, approved March 22, Accordingly, under 24 CFR 50.19(c)(3), public comment are unnecessary. The 1995, codified at 2 U.S.C. 1531– this interim rule is categorically
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You should Impact on Small Entities include in this description the date The Catalog of Federal Domestic when the discrimination happened and The Secretary, in accordance with 5 Assistance number for this program is why you believe the discrimination U.S.C. 605(b) (the Regulatory Flexibility 14.400. occurred because of race, color, religion, Act, Public Law 96–354, 94 Stat. 1164, List of Subjects in 24 CFR Part 103 national origin, sex, disability, or the approved September 19, 1980, codified Administrative practice and presence of children under the age of 18 as amended at 5 U.S.C. 601–612), has in a household. reviewed and approved this interim rule procedure, Aged, Fair housing, 6. Revise § 103.30 to read as follows: and in so doing certifies that it would Individuals with disabilities, not have a significant economic impact Intergovernmental relations, § 103.30 How should I bring a claim that I on a substantial number of small Investigations, Mortgages, Penalties, am the victim of discrimination? Reporting and recordkeeping entities. (a) You can file a claim by mail or The interim rule revises, using plain requirements. telephone with any of HUD’s Offices of language, the text of HUD’s fair housing Accordingly, 24 part 103 is amended Fair Housing and Equal Opportunity or complaint processing regulations in as follows: with any State or local agency that HUD subpart B of 24 CFR part 103. The rule has certified to receive complaints. also moves certain sections from subpart PART 103ÐFAIR HOUSINGÐ B to subpart D. The rule does not amend COMPLAINT PROCESSING (b) You can call or go to any other the substance of HUD’s fair housing HUD office for help in filing a claim. 1. The authority citation for 24 CFR These offices will send your claim to complaint processing regulations at 24 part 103 continues to read as follows: CFR part 103. All procedures and HUD’s Office of Fair Housing and Equal requirements for filing housing Authority: 42 U.S.C. 3535(d), 3600–3619. Opportunity, which will contact you discrimination complaints remain as 2. Revise § 103.10 to read as follows: about the filing of your complaint. they are currently. We are revising these 7. Add § 103.35 to read as follows: § 103.10 What can I do if I believe regulations in order to make the housing someone is discriminating against me in § 103.35 Is there a time limit on when I can discrimination filing procedures more the sale, rental, finance, or advertisement of file? accessible and understandable to the housing? Yes, you must notify us within one public. You can notify HUD if you believe year that you are a victim of While we have determined that this there has been discrimination against rule would not have a significant discrimination. If you indicate that there you in any activity related to housing is more than one act of discrimination, economic impact on a substantial because of race, color, religion, national number of small entities, we welcome or that the discrimination is continuing, origin, sex, disability, or the presence of we must receive your information any comments regarding alternatives to children under the age of 18 in a this rule that would meet our objectives, within one year of the last incident of household. discrimination. as described in this preamble, and 3. Revise § 103.15 to read as follows: would be less burdensome to small 8. Revise § 103.40 to read as follows: entities. § 103.15 Can I file a claim if the § 103.40 Can I change my complaint after discrimination has not yet occurred? it is filed? Federalism Impact Yes, you may file a claim with HUD The General Counsel, as the if you have knowledge that a (a) Yes, you may change your fair Designated Official under section 6(a) of discriminatory action is about to occur. housing complaint: Executive Order 12612 (entitled 4. Revise § 103.20 to read as follows: (1) At any time to add or remove ‘‘Federalism’’), has determined that the people according to the law and the policies contained in this interim rule § 103.20 Can someone help me with filing facts; or a claim? do not have substantial direct effects on (2) To correct other items, such as to States or their political subdivisions, on HUD’s Office of Fair Housing and add additional information found the relationship between the Federal Equal Opportunity can help you in during the investigation of the government and the States, or on the filing a claim, if you contact them complaint. distribution of power and directly. You, or anyone who acts for (b) You must approve any change to responsibilities among the various you, may also ask any HUD office or an your complaint; we will consider the levels of government. organization, individual, or attorney to changes made as of the date of your This interim rule does not alter the help you. original complaint. substance of HUD’s existing fair housing 5. Revise § 103.25 to read as follows: § 103.42 [Removed] complaint processing regulations. The § 103.25 What information should I provide interim rule revises and reformats the to HUD? 9. Remove § 103.42. fair housing complaint processing You should provide us with: §§ 103.45, 103.50, 103.55 [Redesignated] regulations so that HUD’s housing (a) Your name, address, and telephone discrimination filing procedures more numbers where you can be reached; 10. Redesignate §§ 103.45, 103.50, and accessible to the public. The interim (b) The name and address of the 103.55 as §§ 103.201, 103.202, and rule is exclusively concerned with persons, businesses, or organizations 103.203, respectively, and transfer to policies and procedures applicable to you believe discriminated against you; subpart D. the processing of fair housing (c) If there is a specific property 11. Revise newly redesignated complaints. No programmatic or policy involved, you should provide the § 103.202(b) to read as follows:
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§ 103.202 Notification of respondent; complaint under this subpart based on other Federal, State, or local agencies joinder of additional or substitute information that one or more having an interest in the matter. In respondents. discriminatory housing practices has making such information available, * * * * * occurred, or is about to occur. HUD will take steps to protect the (b) The Assistant Secretary will also (b) HUD may also initiate compliance confidentiality of any informant or serve notice on any person who directs reviews under other appropriate civil complainant when desired by the or controls, or who has the right to rights authorities, such as E.O. 11063 on informant or complainant. direct or control, the conduct of another Equal Opportunity in Housing, title VI Dated: March 2, 1999. person who is involved in a fair housing of the Civil Rights Act of 1964, section complaint. 109 of the Housing and Community Eva M. Plaza, 12. Add § 103.204 to read as follows: Development Act of 1974, section 504 of Assistant Secretary for Fair Housing and § 103.204 HUD complaints and compliance the Rehabilitation Act of 1973 or the Equal Opportunity. reviews. Age Discrimination Act of 1975. [FR Doc. 99–9088 Filed 4–13–99; 8:45 am] (a) The Assistant Secretary may (c) HUD may also make the BILLING CODE 4210±28±P conduct an investigation and file a information you provide available to
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DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: This Absolute Priority notice contains the final priority and Office of Elementary and Secondary Under 34 CFR 75.105(c)(3) and the selection criteria for FY 1999, and at the Safe and Drug-Free Schools and EducationÐSafe and Drug-Free discretion of the Secretary, subsequent Schools and Communities National Communities Act, the Secretary gives an years. Under the absolute priority absolute preference to applications that Programs; Federal Activities Grant (Middle School Drug Prevention and ProgramÐMiddle School Drug meet the following priority. The School Safety Program Coordinators Secretary funds under this competition Prevention and School Safety Program (CFDA 84.184K)), the Secretary may Coordinators only applications that meet this absolute make awards for up to 36 months to priority. local educational agencies. AGENCY: Department of Education. Under the absolute funding priority In making awards under this grant ACTION: for this grant competition, LEAs with Notice of final priority and program, the Secretary may take into significant drug, discipline, or school selection criteria for Fiscal Year 1999 consideration the geographic safety problems in their middle schools and subsequent years. distribution and the diversity of must propose projects that— SUMMARY: The Secretary announces the proposed activities addressed by the projects, in addition to the rank order of (a) Recruit, hire, and train full-time final priority and selection criteria for drug prevention and school safety fiscal year (FY) 1999, and at the applicants. Contingent upon the availability of program coordinator(s) for their middle discretion of the Secretary for schools with the most significant drug, subsequent years, under the Safe and funds, the Secretary may make additional awards in FY 2000 from the discipline, or school safety problems; Drug-Free Schools and Communities (c) Require coordinators hired with (SDFSC) National Programs Federal rank-ordered list of unfunded applications from this competition. funds under this priority to perform at Activities Grants Program for the least the following functions in one or Middle School Drug Prevention and Definitions more middle schools with significant School Safety Program Coordinators The following definitions apply to drug, discipline or school safety competition. The Secretary takes this problems: action to focus Federal financial this competition: (1) Identify research-based drug and assistance on national needs to recruit, (a) Middle schools are defined as any violence prevention strategies and hire, and train drug prevention and school serving students in two or more programs; school safety program coordinators for grades from grades five through nine. (2) Assist schools in adopting the middle schools with significant drug, Note: Students in grades lower than five or most successful strategies, including discipline and violence problems. higher than nine are not eligible to be served under this priority. training of teachers, staff and relevant EFFECTIVE DATE: This priority takes effect partners as, as needed; on April 14, 1999. (b) Local education agencies (LEAs) (3) Develop, conduct, and analyze FOR FURTHER INFORMATION CONTACT: For with the most significant problems in assessments of school crime and drug further information about this priority their middle schools are defined as problems; those that have identified drug use, drug under the Safe and Drug-Free Schools (4) Work with community agencies prevention and school safety as serious and Communities National Programs and organizations to ensure that problems in their most recent needs Federal Activities Grants Program, students’ needs are met; assessment and have taken one or more contact the Safe and Drug-Free Schools (5) Work with parents and students to of the following actions within the 12 Program, U.S. Department of Education, obtain information about effective months preceding the date of this 400 Maryland Avenue, SW., Room programs and strategies and encourage announcement: 3E324, Washington, DC 20202–6123. their participation in program selection (1) Suspended, expelled, or Telephone: (202) 260–3954. FAX: (202) and implementation; 260–7767. Internet: http://www.ed.gov/ transferred to alternative schools or programs at least one middle school (6) Assist in the development and offices/OESE/SDFS. implementation of evaluation strategies; Individuals who use a student for possession, distribution, or (7) Identify additional funding telecommunications device for the deaf use of alcohol or drugs, including sources for drug prevention and school (TDD) may call the Federal Information tobacco; safety program initiatives; Relay Service (FIRS) at 1–800–877–8339 (2) Referred for treatment of substance between 8:00 a.m. and 8:00 p.m., abuse at least five middle school (8) Provide feedback to SEAs on Eastern time, Monday through Friday. students; programs and activities that have Individuals with disabilities may (3) Suspended, expelled, or proven to be successful in reducing drug obtain this document in an alternative transferred to alternative schools or use and violent behavior; and format (e.g. Braille, large print, audio programs at least one middle school (9) Coordinate with student assistance tape, or computer diskette) upon request student for possession or use of a and employee assistance programs. to the contact office listed above. firearm or other weapon; Local educational agencies may apply Individuals with disabilities may obtain (4) Suspended, expelled or transferred for funding under this priority to hire a copy of the application package in an to alternative schools or programs at one or more coordinators to serve alternative format, also, by contacting least five middle school students for middle schools in the district. Each that office. However, the Department is physical attacks or fights. coordinator hired with funds from this not able to reproduce in an alternate Applications for this competition grant must: format the standard forms included in must be received at the address (1) Serve at least one middle school the application package. specified in the notice inviting but no more than seven middle schools; (2) Serve only students in two or more Note: This notice of final priority does not applications for this competition no solicit applications. A notice inviting later than 4:30 p.m. on June 1, 1999. grades from grades five through nine; applications under this competition is Applications received after that time Note: Students in grades lower than five or published elsewhere in this issue of the will not be eligible for funding. higher than nine are not eligible to be served Federal Register. Postmarked dates will not be accepted. under this priority.
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(3) Have no duties other than (i) The extent to which the design of the coordinator initiative with particular coordination of drug prevention or the proposed project is appropriate to, attention to how prevention strategies school safety programs; and will successfully address, the needs have changed as a result of the (4) At a minimum, have a degree from of the target population; coordinator’s efforts and the effects on an accredited four-year institution of (ii) The extent to which the proposed student outcomes; and higher education and an academic project is designed to build capacity and (ii) Agree to cooperate with the background or equivalent work yield results that will extend beyond the national evaluation of the coordinators’ experience in a field related to youth period of Federal financial assistance; initiative that will be funded by the development, such as education, (iii) The extent to which the proposed Department of Education. psychology, sociology, social work, or project will establish linkages with (b) In determining the quality of the nursing. other appropriate agencies and project evaluation, the following factors LEAs may apply in consortia with one organizations providing services to the are considered: or more adjacent LEAs; however, each target population, including community (i) The extent to which the methods participating LEA must ensure that all coalitions; of evaluation are appropriate to the requirements of the priority for this (iv) The extent to which the proposed context within which the project competition are met. project encourages parental operates; The Secretary funds under this involvement; and (ii) The extent to which the methods competition only applications that meet (v) The extent to which performance of evaluation provide for examining the this absolute priority. feedback and continuous improvement effectiveness of project implementation Selection Criteria are integral to the design of the strategies; and proposed project. (iii) The extent to which the methods The following selection criteria will (3) Adequacy of Resources (25 points) of evaluation will provide performance be used to evaluate applications for new (a) Applicants must: feedback and permit periodic grants under this competition. The (i) Describe their plan for supporting assessment of progress toward achieving maximum score for all of these criteria and institutionalizing the coordinator intended outcomes. is 100 points. position into the district’s permanent (1) Need for the project. (25 points) staffing structure, including how they Waiver of Proposed Rulemaking (a) Applicants must: will ensure its continuation when It is the Secretary’s practice, in (i) Describe the drug, violence, or Federal funding ends; accordance with the Administrative safety problems in middle schools that (ii) Explain how this coordinator Procedure Act (5 U.S.C. 553), to offer will be served by coordinators(s) funded position will be integrated into the interested parties the opportunity to by these grants; (ii) Provide data on the number of staffing structure of the district as a comment on proposed rules. Section students in grades five through nine whole, including where the coordinator 437 (d)(1) of the General Education who were suspended, expelled or will be housed and to whom the Provision Act (GEPA), however, transferred to alternative settings for coordinator will report; exempts from this requirement rules drug use or violent behavior during the (iii) Explain the district’s plan to that apply to the first competition under 12 months preceding the date of this support the authority of the coordinator a new or substantially revised program. announcement; to design, select and implement Funding was provided for this new (iii) Explain how the coordinator(s) prevention initiatives; and initiative in the fiscal year 1999 will make a difference in the drug, (iv) Explain how information appropriations act enacted October 21, violence and safety problems at the developed by coordinators will be used 1998. The Secretary, in accordance with middle schools to be served by this by LEA policy makers. section 437 (d)(1) of GEPA, has decided initiative; and (b) Factors considered in determining to forego public comment in order to (iv) Describe how the position funded the adequacy of resources are: ensure timely grant awards. (i) The adequacy of support, including by this grant will be coordinated with Intergovernmental Review existing prevention programs and staff. facilities, equipment, supplies, and (b) In determining the need for the other resources from the applicant This program is subject to the proposed project, the following factor is organization or the lead applicant requirements of Executive Order 12372 considered: organization; and the regulations in 34 CFR part 79. The extent to which specific gaps or (ii) The extent to which the costs are The objective of the Executive Order is weaknesses in services, infrastructure, reasonable in relation to the number of to foster an intergovernmental or opportunities have been identified persons to be served and to the partnership and a strengthened and will be addressed by the proposed anticipated results and benefits; federalism by relying on processes project, including the nature and (iii) The potential for continued developed by State and local magnitude of those gaps or weaknesses. support of the project after Federal government for coordination and review (2) Quality of the project design. (25 funding ends, including, as appropriate, of proposed Federal financial assistance. points) the demonstrated commitment of In accordance with this order, this (a) Applicants must: appropriate entities to such support; document is intended to provide early (i) Provide a detailed description of and notification of the Department’s specific their plan for bringing about change in (iv) The potential for the plans and actions for this program. the type and quality of drug prevention incorporation of project purposes, Electronic Access to This Document and school safety programs for students activities, or benefits into the ongoing in grades five through nine; and program of the agency or organization at Department of Education documents (ii) Describe how the community will the end of Federal funding. are published in the Federal Register, in be involved in designing and supporting (4) Quality of the project evaluation text or portable document format (PDF) these programs. (25 points) on the world wide web at either of the (b) The following factors are (a) Applicants must: following sites: considered in determining the quality of (i) Provide a detailed description of http://www.ocfo.ed.gov/fedreg.html the project design: their plan to evaluate implementation of or http://www.ed.gov/news.html.
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To use pdf you must have the Adobe safe and orderly learning environments format (e.g. Braille, large print, audio Acrobat Reader Program with Search, in schools. tape, or computer diskette) upon request which is available free at either of the Eligible Applicants: Local educational to the contact person listed above. preceding sites. If you have questions agencies. Individuals with disabilities may obtain about using the pdf, call the U.S. Applications Available: April 14, a copy of the application package in an Government Printing Office toll free at 1999. alternative format, also by contacting 1–888–293–6498. Deadline for Receipt of Applications: that person. However, the Department is Individuals may view these June 1, 1999. not able to reproduce in an alternative documents in text copy only on an Note: All applications must be received on format the standard forms included in electronic bulletin board of the or before the deadline date. Applications the application package. Department. The documents are located received after that time will not be eligible under Option G—Files/Announcement, for funding. Postmarked dates will not be Electronic Access to This Document Bulletins and Press Releases. accepted. Applications by mail should be sent to U.S. Department of Education, Anyone may view this document, as Telephone: (202) 219–1511 or, toll free, well as all other Department of 1–800–222–4922. Application Control Center, Attention: CFDA #84.184K, Washington, D.C. 20202–4725. Education documents published in the Note: The official version of this document Federal Register, in text or portable is the document published in the Federal Deadline for Intergovernmental document format (pdf) on the World Register. Review: July 28, 1999. Wide Web at either of the following Available Funds: $31,650,000. Program Authority: 20 U.S.C. 7131. sites: (Catalogue of Federal Domestic Assistance Estimated Range of Awards: $55,000– Number 84.184K, Safe and Drug-Free Schools $275,000. http://ocfo.ed.gov/fedreg.htm or on the and Communities Act National Programs— Estimated Average Size of Awards: World Wide Web at http://www.ed.gov/ Federal Activities Grants Program) $106,000. news.html Estimated Number of Awards: 300. Judith Johnson, To use the pdf you must have Adobe Acting/Assistant Secretary, Office of Note: The Department is not bound by any Acrobat Reader Program with Search, Elementary and Secondary Education. estimates in this notice. which is available free at either of the [FR Doc. 99–9341 Filed 4–13–99; 8:45 am] Project Period: Up to 36 months. previous sites. If you have questions BILLING CODE 4000±01±U about using the pdf, call the U.S. Applicable Regulations Government Printing Office at (202) (a) The Education Department General 512–1530 or, toll free at 1–888–293– DEPARTMENT OF EDUCATION Administrative Regulations (EDGAR) in 6498. Office of Elementary and Secondary 34 CFR parts 74, 75, 77, 79, 80, 81, 82, Individuals may also view these EducationÐSafe and Drug-Free 98, and 99; and documents in text copy on the Schools and Communities National (b) The notice of final priority and electronic bulletin board of the Programs; Federal Activities Grant selection criteria for FY 1999 published Department. Telephone: (202) 219– ProgramÐMiddle School Drug elsewhere in this issue of the Federal 1511, or toll free, 1–800–222–4922. The Prevention and School Safety Program Register. documents are located under Option For Applications or Information Coordinators; Notice Inviting G—Files/Announcements, Bulletins, Contact: Ethel Jackson at the Safe and Applications for New Awards for Fiscal and Press Releases. Year 1999 Drug-Free Schools Program, 400 Maryland Avenue, SW, Room 3E314, Note: The official version of this document Purpose of Program: The National Washington, DC 20202–6123. is the document published in the Federal Programs portion of the Safe and Drug- Telephone: (202) 260–3954. By FAX: Register. Free Schools and Communities Act (202) 260–7767. Internet: http:// Program Authority: 20 U.S.C. 7131. (SDFSCA) supports the development of www.ed.gov/OESE/SDSF. (Catalogue of Federal Domestic Assistance programs that (1) provide models or Individuals who use a Number 84.184K, Safe and Drug-Free Schools proven effective practices that will telecommunications device for the deaf and Communities Act National Programs— assist schools and communities around (TDD) may call the Federal Information Federal Activities Grants Program) the Nation to improve their programs Relay Service (FIRS) at 1–800–877–8339 Judith Johnson, funded under the State Grants portion of between 8 a.m. and 8 p.m., Eastern time, Acting/Assistant Secretary, Office of the SDFSCA; and (2) develop, Monday through Friday. Elementary and Secondary Education. implement, evaluate, and disseminate Individuals with disabilities may [FR Doc. 99–9342 Filed 4–13–99; 8:45 am] new or improved approaches to creating obtain this document in an alternative BILLING CODE 4000±01±U
VerDate 23-MAR-99 11:18 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\A14AP3.069 pfrm02 PsN: 14APN2 eDt 3MR9 12 p 3 99Jt134 O000Fm001Ft41 ft41 :F\MA4P.7 fm2PsN:14APN3 pfrm02 E:\FR\FM\A14AP3.071 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 11:20Apr13, 1999 VerDate 23-MAR-99 federal register April 14,1999 Wednesday Notice for NewAwardsFiscalYear1999; Disabilities; NoticeInvitingApplications Information forParentsofChildrenwith Special EducationÐTrainingand Education Department of Part VII 18547 18548 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices
DEPARTMENT OF EDUCATION (a) Have a board of directors the dispute resolution, such as the majority of whom are from the mediation process described in IDEA; Special EducationÐTraining and community to be served; or (c) Serve the parents of infants, Information for Parents of Children (b) Have as part of its mission, serving toddlers, and children with the full with Disabilities; Notice Inviting the interests of individuals with range of disabilities by assisting parents Applications for New Awards for Fiscal disabilities from such community; and to— Year 1999 have a special governing committee to (1) Better understand the nature of administer the project, a majority of the their children’s disabilities and their AGENCY: Department of Education. members of which are individuals from educational and developmental needs; ACTION: Notice inviting applications for such community; examples of (2) Communicate effectively with new awards for fiscal year 1999. administrative responsibilities include personnel responsible for providing controlling the use of the project funds, special education, early intervention, SUMMARY: This notice provides closing and hiring and managing project and related services; dates and other information regarding personnel. (3) Participate in decision making the transmittal of applications for fiscal Applicable Regulations: (a) The processes and the development of year 1999 competitions under one Education Department General individualized education programs and program authorized by the Individuals Administrative Regulations (EDGAR) in individualized family service plans; with Disabilities Education Act (IDEA), 34 CFR parts 74, 75, 77, 79, 80, 81, 82, (4) Obtain appropriate information as amended: Special Education— and 85; and (b) The selection criteria for about the range of options, programs, Training and Information for Parents of this priority are drawn from the EDGAR services, and resources available to Children with Disabilities (one priority). general selection criteria menu. The assist children with disabilities and This notice supports the National specific selection criteria for this their families; Education Goals by helping to improve priority are included in the funding (5) Understand the provisions of IDEA results for children with disabilities. application packet for this competition. for the education of, and the provision of early intervention services to, Waiver of Rulemaking Priority children with disabilities; and It is generally the practice of the Under sections 661(e)(2) and 683 of (6) Participate in school reform Secretary to offer interested parties the the Act, and 34 CFR 75.105(c)(3), the activities; opportunity to comment on proposed Secretary gives an absolute preference to (d) Contract with the State education priorities. However, section 661(e)(2) of applications that meet the following agencies, if the State elects to contract IDEA makes the Administrative priority. The Secretary funds under this with the community parent resource Procedure Act (5 U.S.C. 553) competition only those applications that center, for the purpose of meeting with inapplicable to the priority in this meet this absolute priority: parents who choose not to use the notice. mediation process, to encourage the use Absolute Priority—Community Parent and explain the benefits of mediation, General Requirements Resource Centers (84.328C) consistent with Sections 615(e)(2)(B) (a) Projects funded under this notice The purpose of this statutory priority and (D) of IDEA; must make positive efforts to employ is to support local parent training and (e) In order to serve parents and and advance in employment qualified information centers that will help families of children with the full range individuals with disabilities in project ensure that underserved parents of of disabilities, network with appropriate activities (see Section 606 of IDEA); children with disabilities, including clearinghouses, including organizations (b) Applicants and grant recipients low-income parents, parents of children conducting national dissemination funded under this notice must involve with limited English proficiency, and activities under section 685(d) of IDEA, individuals with disabilities or parents parents with disabilities, have the and with other national, State, and local of individuals with disabilities in training and information they need to organizations and agencies, such as planning, implementing, and evaluating enable them to participate effectively in protection and advocacy agencies; the projects (see Section 661(f)(1)(A) of helping their children with disabilities (f) Establish cooperative partnerships IDEA); and to— with the parent training and information (a) Meet developmental goals and, to centers funded under Section 682 of (c) Projects funded under this priority the maximum extent possible, those IDEA; must budget for a two-day Project challenging standards that have been (g) Be designed to meet the specific Directors’ meeting in Washington, D.C. established for all children; and needs of families who experience during each year of the project. (b) Be prepared to lead productive significant isolation from available Information collection resulting from independent adult lives, to the sources of information and support; and this notice has been submitted to OMB maximum extent possible. (h) Annually report to the Secretary for review under the Paperwork Each community parent training and on— Reduction Act and has been approved information center supported under this (1) The number of parents to whom it under control number 1820–0028, priority must— provided information and training in expiration date July 31, 2000. (a) Provide training and information the most recently concluded fiscal year; Purpose of Program: The purpose of that meets the training and information and this program is to ensure that parents of needs of parents of children with (2) The effectiveness of strategies used children with disabilities receive disabilities proposed to be served by the to reach and serve parents, including training and information help them to project; underserved parents of children with improve results for their children with (b) Assist parents to understand the disabilities. disabilities. availability of, and how to effectively The Secretary intends to fund a Eligible Applicants: Local parent use, procedural safeguards under maximum of three awards. Competitive organizations must meet the criteria in Section 615 of IDEA, including Priorities: Within this Absolute Priority, section 682(g) of the Act, and also must encouraging the use, and explaining the the Secretary, under 34 CFR meet one of the following criteria— benefits, of alternative methods of 75.105(c)(2)(i), gives preference to
VerDate 23-MAR-99 11:20 Apr 13, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\A14AP3.071 pfrm02 PsN: 14APN3 Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / Notices 18549 applications that meet one or both of the application earns under the selection Braille, large print, audiotape, or following competitive priorities: criteria for the program. computer diskette) by contacting the The Secretary awards 20 points to an Project Period: Up to 36 months. Department as listed above. However, application submitted by a local parent Project Award: Projects will not be the Department is not able to reproduce organization that has a board of funded in excess of $100,000 for any in an alternate format the standard directors, the majority of whom are single budget period of 12 months. forms included in the application parents of children with disabilities, For Applications and General package. from the community to be served. These Information Contact: Requests for points are in addition to any points the applications and general information Intergovernmental Review application earns under the selection should be addressed to the Grants and This program is subject to the criteria for the program. Contracts Services Team, 400 Maryland requirements of Executive Order 12372 The Secretary awards 10 points to an Avenue, SW, room 3317, Switzer and the regulations in 34 CFR part 79. application that provides parent training Building, Washington, DC 20202–2641. The objective of the Executive order is and information in one or more The preferred method for requesting to foster an intergovernmental Empowerment Zones or Enterprise information is to FAX your request to: partnership and a strengthened Communities in a manner that meets the (202) 205–8717. Telephone: (202) 260– federalism by relying on processes competitive priority relating to 9182. Empowerment Zones or Enterprise Individuals who use a developed by State and local Communities published in the Federal telecommunications device for the deaf governments for coordination and Register on November 7, 1994 (59 FR (TDD) may call the TDD number: (202) review of proposed Federal financial 55534). A list of areas that have been 205–8953. assistance. selected as Empowerment Zones or Individuals with disabilities may In accordance with the order, this Enterprise Communities is included in obtain a copy of this notice or the document is intended to provide early the application package. These points application packages referred to in this notification of the Department’s specific are in addition to any points the notice in an alternate format (e.g. plans and actions for those programs.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT, APPLICATION NOTICE FOR FISCAL YEAR 1999
Application Deadline for Maximum Estimated CFDA No. and name Application deadline intergovern- award Project period Page limit number of available mental re- 1 date view (per year) awards
84.328C Community Parent 4/20/99 6/01/99 8/02/99 $100,000 Up to 36 mos. (2) 3 Resource Centers. 1 The Secretary rejects and does not consider an application that proposes a budget exceeding the amount listed for the priority for any single budget period of 12 months. 2 As noted above, there is no page limit for this priority. Note: The Department of Education is not bound by any estimates in this notice.
Electronic Access to This Document Search, which is available free at either G—Files/Announcements, Bulletins, Anyone may view this document, as of the previous sites. If you have and Press Releases. well as all other Department of questions about using the pdf, call the Note: The official version of a document is Education documents published in the U.S. Government Printing Office at (202) the document published in the Federal Federal Register, in text or portable 512–1530 or, toll free at 1–888–293– Register. document format (pdf) on the World 6498. Dated: April 8, 1999. Anyone may also view these Wide Web at either of the following Curtis L. Richards, sites: documents in text copy only on an electronic bulletin board of the Acting Assistant Secretary for Special http://ocfo.ed.gov/fedreg.htm Department. Telephone: (202) 219–1511 Education and Rehabilitative Services. http://www.ed.gov/news.html or, toll free, 1–800–222–4922. The [FR Doc. 99–9261 Filed 4–13–99; 8:45 am] To use the pdf you must have the documents are located under Option BILLING CODE 4000±01±P Adobe Acrobat Reader Program with
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Reader Aids Federal Register Vol. 64, No. 71 Wednesday, April 14, 1999
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 1361...... 18323 1437...... 17271 Presidential Documents Proclamations: 1728...... 17219 7177...... 17075 Executive orders and proclamations 523±5227 1753...... 16602 7178...... 17077 The United States Government Manual 523±5227 Proposed Rules: 7179...... 17499 28...... 15937 7180...... 17939 340...... 16364 Other Services 7181...... 18317 905...... 15634 Electronic and on-line services (voice) 523±4534 7182...... 18321 944...... 15634 Privacy Act Compilation 523±3187 Executive Orders: 1000...... 16026 Public Laws Update Service (numbers, dates, etc.) 523±6641 11223 (Amended by 1001...... 16026 TTY for the deaf-and-hard-of-hearing 523±5229 EO 13118)...... 16595 1002...... 16026 11269 (Amended by 1004...... 16026 EO 13118)...... 16595 ELECTRONIC RESEARCH 1005...... 16026 11958 (Amended by 1006...... 16026 World Wide Web EO 13118)...... 16595 1007...... 16026 12163 (Amended by 1012...... 16026 Full text of the daily Federal Register, CFR and other EO 13118)...... 16595 1013...... 16026 publications: 12188 (Amended by 1030...... 16026 http://www.access.gpo.gov/nara EO 13118)...... 16595 1032...... 16026 Federal Register information and research tools, including Public 12260 (Amended by 1033...... 16026 Inspection List, indexes, and links to GPO Access: EO 13118)...... 16595 1036...... 16026 12293 (Amended by 1040...... 16026 http://www.nara.gov/fedreg EO 13118)...... 16595 1044...... 16026 E-mail 12301 (Amended by 1046...... 16026 EO 13118)...... 16595 1049...... 16026 PENS (Public Law Electronic Notification Service) is an E-mail 12599 (Amended by 1050...... 16026 service that delivers information about recently enacted Public EO 13118)...... 16595 1064...... 16026 Laws. To subscribe, send E-mail to 12703 (Amended by 1065...... 16026 [email protected] EO 13118)...... 16595 1068...... 16026 12884 (Amended by with the text message: 1076...... 16026 EO 13118)...... 16595 1079...... 16026 subscribe publaws-l
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72...... 17510 279...... 15680 301...... 16640, 17279 18346, 18351, 18357, 18359, 73...... 17947 Proposed Rules: 602 ...... 15687, 15688, 15873, 18360, 18367, 18369 95...... 15636 1...... 17439 17279 261...... 16643 Proposed Rules: 230...... 18481 Proposed Rules: 300...... 15926, 16351 170...... 15876 240...... 18393, 18481 1...... 16372 Proposed Rules: 171...... 15876 270...... 18481 52 ...... 15711, 15949, 16659, 27 CFR 17136, 17589, 17592, 17593, 12 CFR 18 CFR 178...... 17291 17990 213...... 16612 1b...... 17087 Proposed Rules: 63...... 17465 226...... 16614 284...... 17276 4...... 17588 70...... 16659 330...... 15653 343...... 17087 5...... 17588 81...... 17593 611...... 16617 385...... 17087 7...... 17588 82...... 16373 620...... 16617 112...... 17227 790...... 17085 19 CFR 28 CFR 180...... 16874 935...... 16618, 16788 10...... 16345 16...... 17977 185...... 16874 Proposed Rules: 12...... 17529 504...... 17270 186...... 16874 933...... 16792 18...... 16345 Proposed Rules: 300...... 17593 934...... 16792 113...... 16345 65...... 17128 41 CFR 935...... 16792 178...... 16635, 16345 1750...... 18084 192...... 16635 29 CFR Ch. 301 ...... 16352 Proposed Rules: Proposed Rules: 60-250...... 15690 13 CFR 19...... 16865 1...... 17442 60-999...... 15690 115...... 18324 146...... 15873 5...... 17442 302-11...... 17105 Proposed Rules: 20 CFR 43 CFR 107...... 18375 30 CFR 120...... 15942 404...... 17100 920...... 17978 Proposed Rules: 121...... 15708 935...... 17980 3100...... 17598 21 CFR Proposed Rules: 3106...... 17598 14 CFR 26...... 16347 46...... 18498, 18528 3130...... 17598 39 ...... 15657, 15659, 15661, 510...... 15683 48...... 18498 3160...... 17598 520...... 15683, 15684 15669, 15920, 16339, 16621, 206...... 15949, 17990 44 CFR 16624, 16625, 16801, 16803, 522...... 15683, 15685 16805, 16808, 16810, 17086, 558...... 15683 31 CFR 65...... 17567, 17569 17512, 17514, 17522, 17524, 874...... 18327 210...... 17472 67...... 17571 17947, 17949, 17951, 17954, 882...... 18327 Proposed Rules: 17956, 17950, 17961, 17962, 890...... 18329 32 CFR 67...... 17598 17964, 17966, 18324 900...... 18331 812...... 17101 45 CFR 71 ...... 15673, 15674, 15675, Proposed Rules: 863...... 17545 15676, 15678, 15679, 16024, 1...... 15944 260...... 17720 16340, 16341, 16342, 16343, 101...... 15948, 17295 33 CFR 261...... 17720 16344, 17219, 17934 310...... 17985 100 ...... 16348, 16812, 16813 262...... 17720 91...... 15912 1308...... 17298, 117 ...... 16350, 16641, 17101 263...... 17720 93...... 17439 17299 165 ...... 16348, 16641, 16642, 264...... 17720 97 ...... 17277, 17526, 17528 265...... 17720 22 CFR 17439 Proposed Rules: Proposed Rules: 283...... 18484 39 ...... 16364, 16366, 16656, Ch. II ...... 15685 117...... 17134 1611...... 17108, 18372 17130, 18382, 18384, 18386 Ch. VI...... 15686 154...... 17222 Proposed Rules: 65...... 18302 121...... 17531 175...... 15709 1635...... 16383 71 ...... 15708, 16024, 16368, 123...... 17531 177...... 15709 2522...... 17302 16369, 16370, 16371, 17133, 124...... 17531 179...... 15709 2525...... 17302 17717, 17983, 17984, 18392, 126...... 17531 181...... 15709 2526...... 17302 18481 201...... 17535 183...... 15709 2527...... 17302 91...... 17293, 18302 514...... 17975, 17976 2528...... 17302 105...... 18302 Proposed Rules: 36 CFR 2529...... 17302 119...... 16298, 18302 514...... 17988 Proposed Rules: 121...... 16298 46 CFR 23 CFR 1...... 17293 129...... 16298 2...... 17293 Proposed Rules: 135...... 16298, 17293 Proposed Rules: 3...... 17293 10...... 15709 183...... 16298 777...... 16870 4...... 17293 15...... 15709 24...... 15709 24 CFR 5...... 17293 15 CFR 6...... 17293 25...... 15709 738...... 17968 100...... 16324 7...... 17293 26...... 15709 740...... 17968 103...... 18538 28...... 15709 742...... 17968 Proposed Rules: 39 CFR 70...... 15709 748...... 17968 990...... 17301 111...... 16814, 17102 169...... 15709 762...... 17968 175...... 15709 774...... 17968 25 CFR 40 CFR 47 CFR 291...... 17535 52 ...... 15688, 15922, 17102, 16 CFR Proposed Rules: 17545, 17548, 17551, 17982 69...... 16353 Proposed Rules: 151...... 17574 62...... 17219 73...... 17108 241...... 18081 63...... 17460, 17555 Proposed Rules: 256...... 18081 26 CFR 81...... 17551 0...... 16388 1...... 15686, 15687 90...... 16526 1...... 16661 17 CFR 7...... 15687 180 ...... 16840, 16843, 16850, 2...... 16687 275...... 15680 31...... 15687 16856, 17565, 18333, 18339, 25...... 16880, 16687
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69...... 16389 909...... 16649 Proposed Rules: 660...... 16862, 17125 73 ...... 15712, 15713, 15714, 970...... 16649 171...... 16882 679 ...... 16361, 16362, 16654, 15715, 16388, 16396, 17137, 1333...... 16651 177...... 16882 17126, 18373 178...... 16882 17138, 17139, 17140, 17141, 1533...... 17109 Proposed Rules: 17142, 17143 180...... 16882 1552...... 17109 17...... 16397, 16890 76...... 16388 1832...... 18372 192...... 16882, 16885 20...... 17308 Proposed Rules: 195...... 16882, 16885 48 CFR 32...... 17992 1833...... 17603 578...... 16690 701...... 16647 611...... 17062 223...... 16396, 16397 703...... 16647 224...... 16397 49 CFR 50 CFR 715...... 16647 226...... 16397 722...... 18481 195...... 15926 17...... 15691, 17110 600...... 16414, 18394 731...... 16647 533...... 16860 229...... 17292 622...... 18395 732...... 18481 571...... 16358 600...... 16862 648 ...... 16417, 16891, 18394 752...... 16647, 18481 581...... 16359 648 ...... 15704, 16361, 16362
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REMINDERS NATIONAL AERONAUTICS South Atlantic Region; 4-19-99; published 2-18- The items in this list were AND SPACE Sustainable Fisheries 99 editorially compiled as an aid ADMINISTRATION Act provisions; Air programs; approval and to Federal Register users. Acquisition regulations: compliance; comments promulgation; State plans Inclusion or exclusion from Contract financing; electronic due by 4-19-99; for designated facilities and this list has no legal funds transfer payment published 2-18-99 pollutants: significance. other than central West Coast states and Oklahoma; comments due contractor registration; Western Pacific by 4-19-99; published 3- published 4-14-99 fisheriesÐ 19-99 RULES GOING INTO NORTHEAST DAIRY West Coast salmon; Air quality implementation EFFECT APRIL 14, 1999 COMPACT COMMISSION comments due by 4-22- plans; approval and Rulemaking procedures and 99; published 4-8-99 promulgation; various States: ENERGY DEPARTMENT producer referendum; West Coast States and published 4-14-99 Western Pacific California; comments due by Contractor employee 4-19-99; published 3-18- TRANSPORTATION fisheriesÐ protection program; criteria 99 and procedures; published DEPARTMENT Pacific Coast groundfish; California and Arizona; 3-15-99 Federal Aviation comments due by 4-22- comments due by 4-19- Administration 99; published 4-7-99 ENVIRONMENTAL 99; published 3-18-99 PROTECTION AGENCY Airworthiness directives: COMMODITY FUTURES Delaware; comments due by Air programs; State authority Eurocopter France; TRADING COMMISSION 4-21-99; published 3-22- delegations: published 3-10-99 Foreign futures and options 99 California; published 3-15-99 transactions: Illinois; comments due by 4- Pesticides; tolerances in food, COMMENTS DUE NEXT Access to electronic boards 19-99; published 3-18-99 animal feeds, and raw WEEK of trade; automated Iowa; comments due by 4- agricultural commodities: trading systems use; 19-99; published 3-18-99 comments due by 4-23- Cyprodinil; published 4-14- AGRICULTURE Air quality planning purposes; 99; published 3-24-99 99 DEPARTMENT designation of areas: Access to electronic boards Cyromazine; published 4-14- Animal and Plant Health California; comments due by of trade; automated 99 Inspection Service 4-19-99; published 3-18- trading systems use; 99 Dimenthomorph; published Exportation and importation of correction; comments due Missouri and Illinois; 4-14-99 animals and animal products: by 4-23-99; published 4-9- comments due by 4-19- Fluthiacet-methyl; published 99 99; published 3-18-99 4-14-99 Rinderpest and foot-and- mouth disease, etc.; DEFENSE DEPARTMENT Pesticides; tolerances in food, Glyphosate; published 4-14- disease status changeÐ Federal Acquisition Regulation animal feeds, and raw 99 South Africa; comments (FAR): agricultural commodities: Oxyfluorfen; published 4-14- due by 4-19-99; Contractor liability for loss of Cinnamaldehyde; comments 99 published 2-17-99 and/or damages to due by 4-19-99; published 2-17-99 Pryiproxyfen (2-[1-methyl-2- AGRICULTURE household goods; (4- DEPARTMENT comments due by 4-19- Fenbuconazole; comments phenoxyphenoxy)ethoxy] due by 4-19-99; published Cooperative State Research, 99; published 2-16-99 pyridine; published 4-14- 2-17-99 Education, and Extension ENERGY DEPARTMENT 99 Formic acid; comments due Service Acquisition regulations: Tebufenozide; benzoic acid, by 4-23-99; published 2- Grants: 3,5-dimethyl-1(1,1- Costs associated with 22-99 Special Research Program; dimethylethyl)-2-(4- whistleblower actions; Superfund program: ethylbenzoyl) hyrazide; comments due by 4-23- comments due by 4-23- 99; published 3-24-99 National oil and hazardous published 4-14-99 99; published 3-24-99 substances contingency COMMERCE DEPARTMENT HEALTH AND HUMAN ENERGY DEPARTMENT planÐ SERVICES DEPARTMENT National Oceanic and Federal Energy Regulatory National priorities list Atmospheric Administration Food and Drug Commission update; comments due Administration Endangered and threatened Natural Gas Policy Act: by 4-19-99; published species: 2-16-99 Medical devices: Interstate natural gas Marine and anadromous FEDERAL Class III preamendment pipelinesÐ speciesÐ COMMUNICATIONS devices; suction antichoke Transportation services West coast chinook COMMISSION device, tongs antichoke regulation; comments salmon; comments due device, and implanted due by 4-22-99; Practice and procedure: by 4-23-99; published neuromuscular stimulator published 12-30-98 Regulatory fees (1999 FY); 3-24-99 device; premarket assessment and Fishery conservation and ENVIRONMENTAL collection; comments due approval; published 4-14- PROTECTION AGENCY 99 management: by 4-19-99; published 4-6- Alaska; fisheries of Air programs: 99 Class III preamendments Exclusive Economic Stratospheric ozone physical medicine devices; FEDERAL EMERGENCY ZoneÐ protectionÐ premarket approval; MANAGEMENT AGENCY published 4-14-99 Pacific cod; comments Ozone-depleting Regulatory streamlining and due by 4-20-99; substances; substitutes LEGAL SERVICES updating; 20 CFR parts, published 4-5-99 list; comments due by CORPORATION proposed removal; Caribbean, Gulf, and South 4-19-99; published 2-18- comments due by 4-19-99; Legal assistance eligibility: Atlantic fisheriesÐ 99 published 2-18-99 Maximum income levels Gulf of Mexico reef fish; Ozone-depleting Correction; comments due Correction; published 4- comments due by 4-19- substances; substitutes by 4-19-99; published 3-2- 14-99 99; published 3-5-99 list; comments due by 99
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FEDERAL RETIREMENT Coastal zone consistency TRANSPORTATION Corrections to inadvertent THRIFT INVESTMENT review of exploration DEPARTMENT errors in certifications BOARD plans and development Coast Guard after bid opening; Thrift savings plan: and production plans; Ports and waterways safety: comments due by 4-19- Eligibility; expansion and comments due by 4-19- Santa Barbara Channel, CA; 99; published 2-18-99 continuation; comments 99; published 2-17-99 safety zone; comments TRANSPORTATION due by 4-22-99; published Royalty management: due by 4-19-99; published DEPARTMENT 3-23-99 Federal marginal properties; 2-18-99 National Highway Traffic GENERAL SERVICES accounting and auditing Regulatory Flexibility Act: Safety Administration ADMINISTRATION relief; comments due by Small entities; economic Anthropomorphic test devices: 4-21-99; published 3-22- Federal Acquisition Regulation impact; comments due by Occupant crash protectionÐ 99 4-19-99; published 1-19- (FAR): 12-month-old infant crash 99 Contractor liability for loss of INTERIOR DEPARTMENT test dummy; comments and/or damages to Surface Mining Reclamation TRANSPORTATION due by 4-22-99; household goods; and Enforcement Office DEPARTMENT published 3-8-99 comments due by 4-19- Federal and Indian lands Federal Aviation Motor Vehicle Safety 99; published 2-16-99 programs: Administration Standards: Airworthiness directives: HEALTH AND HUMAN Indian lands; definition Child restraint systemsÐ SERVICES DEPARTMENT clarification; comments Agusta, S.p.A.; comments Standardized child due by 4-20-99; published due by 4-19-99; published Food and Drug restraint anchorage 2-19-99 2-16-99 Administration systems independent of Bell Helicopter Textron, Inc.; Food additives: JUSTICE DEPARTMENT seat belts; comments comments due by 4-19- Adjuvants, production aids, Immigration and due by 4-19-99; 99; published 2-17-99 and sanitizersÐ Naturalization Service published 3-5-99 Boeing; comments due by Phosphorous acid, cyclic Nonimmigrant classes: TRANSPORTATION neopentanetetrayl 4-19-99; published 2-17- Visa exemption for British 99 DEPARTMENT bis(2,6-di-tert-butyl-4- Virgin Islands nationals Empresa Brasileira de Research and Special methylphenyl)ester; entering U.S. through St. Aeronautica S.A.; Programs Administration comments due by 4-19- Thomas, U.S. Virgin comments due by 4-22- Hazardous materials: 99; published 3-19-99 Islands; comments due by 99; published 3-23-99 Medical devices: 4-19-99; published 2-18- Hazardous liquid Pilatus Aircraft Ltd.; Menstrual tampons labeling; 99 transportationÐ comments due by 4-23- absorbency ranges; Liquefied compressed United Nations Convention 99; published 3-23-99 comments due by 4-21- Against Torture and Other gases; transportation Pratt & Whitney; comments 99; published 1-21-99 Cruel, Inhuman, or and unloading; due by 4-22-99; published comments due by 4-21- HOUSING AND URBAN Degrading Treatment or 3-23-99 99; published 3-22-99 DEVELOPMENT Punishment; implementation: Sikorsky; comments due by DEPARTMENT Protection from torture; TRANSPORTATION 4-19-99; published 2-16- claim procedures; DEPARTMENT Public and Indian housing: 99 comments due by 4-20- Transportation Statistics Capital Fund Negotiated Class D and Class E 99; published 2-19-99 Bureau Rulemaking Advisory airspace; comments due by Committee; intent to JUSTICE DEPARTMENT 4-20-99; published 3-3-99 ICC Termination Act; implementation: establish and meeting; Pam Lychner Sexual Offender Class D and Class E comments due by 4-19- Tracking and Identification airspace; correction; Motor carriers of property 99; published 3-19-99 Act of 1996; implementation: comments due by 4-20-99; and household goods; Public housing agency National Sex Offender published 3-9-99 reporting requirements; plans; comments due by Registry; operation and Class E airspace; comments comments due by 4-22- 4-19-99; published 2-18- notification requirements; due by 4-19-99; published 99; published 3-23-99 99 comments due by 4-19- 3-5-99 TREASURY DEPARTMENT Public and Indian Housing: 99; published 2-16-99 Class E airspace; correction; Internal Revenue Service Section 8 Housing NATIONAL AERONAUTICS comments due by 4-20-99; Income taxes: Certificate Fund Rule AND SPACE published 3-9-99 Capital gains; installment Negotiated Rulemaking ADMINISTRATION VOR Federal airways; sales of depreciable real Committee; intent to Federal Acquisition Regulation comments due by 4-22-99; property; unrecaptured establish and meeting; (FAR): published 3-8-99 section 1250 gain; comments due by 4-19- Contractor liability for loss of TRANSPORTATION comments due by 4-22- 99; published 3-19-99 and/or damages to DEPARTMENT 99; published 1-22-99 INTERIOR DEPARTMENT household goods; Federal Highway Qualified education loans, Fish and Wildlife Service comments due by 4-19- Administration interest deduction; Endangered and threatened 99; published 2-16-99 Motor carrier safety standards: comments due by 4-21- species: NORTHEAST DAIRY Inspection, repair, and 99; published 1-21-99 Mountain plover; comments COMPACT COMMISSION maintenanceÐ Procedure and administration: due by 4-19-99; published Over-order price regulations: Intermodal container Filing of notice of lien; 2-16-99 Compact over-order price chassis and trailers; notice and opportunity for Tinian monarch; withdrawn; regulationsÐ comments due by 4-19- hearing; cross reference; comments due by 4-23- Fluid milk distributions in 99; published 2-17-99 comments due by 4-22- 99; published 2-22-99 six New England States TRANSPORTATION 99; published 1-22-99 INTERIOR DEPARTMENT during 1998-1999 DEPARTMENT Levy; notice and opportunity Minerals Management contract year; Federal Transit for hearing; cross Service exemption; hearing; Administration reference; comments due Outer Continental Shelf; oil, comments due by 4-21- Buy America requirements; by 4-22-99; published 1- gas, and sulphur operations: 99; published 3-15-99 certification procedures: 22-99
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pamphlet) form from the H.R. 705/P.L. 106±19 enacted public laws. To Superintendent of Documents, To make technical corrections subscribe, send E-mail to LIST OF PUBLIC LAWS U.S. Government Printing with respect to the monthly [email protected] with Office, Washington, DC 20402 reports submitted by the This is a continuing list of the text message: (phone, 202±512±1808). The public bills from the current Postmaster General on official text will also be made session of Congress which mail of the House of subscribe PUBLAWS-L Your available on the Internet from Representatives. (Apr. 8, have become Federal laws. It Name. may be used in conjunction GPO Access at http:// 1999; 113 Stat. 29) with ``P L U S'' (Public Laws www.access.gpo.gov/nara/ Last List April 8, 1999. Note: This service is strictly Update Service) on 202±523± index.html. Some laws may 6641. This list is also not yet be available. for E-mail notification of new Public Laws Electronic public laws. The text of laws available online at http:// H.R. 171/P.L. 106±18 www.nara.gov/fedreg. Notification Service is not available through this To authorize appropriations for service. PENS cannot respond The text of laws is not the Coastal Heritage Trail (PENS) to specific inquiries sent to published in the Federal Route in New Jersey, and for Register but may be ordered other purposes. (Apr. 8, 1999; PENS is a free electronic mail this address. in ``slip law'' (individual 113 Stat. 28) notification service of newly
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