1–24–00 Monday Vol. 65 No. 15 Jan. 24, 2000 Pages 3583–3780

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1 II Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 523–5243 Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 65 FR 12345.

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2 III

Contents Federal Register Vol. 65, No. 15

Monday, January 24, 2000

Agency for Toxic Substances and Disease Registry Economic Development Administration NOTICES NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Hanford Health Projects Inter-tribal Council et al., 3718 Economic development assistance programs; Public Health Service Activities and Research at DOE unemployment and underemployment in Sites Citizens Advisory Committee, 3718–3719 economically depressed areas, etc., 3763–3770 National Technical Assistance, Training, Research, and Agriculture Department Evaluation projects, 3771–3776 See Food and Nutrition Service Energy Department See Food Safety and Inspection Service See Natural Resources Conservation Service See Federal Energy Regulatory Commission NOTICES Meetings: Air Force Department Secretary of Energy Advisory Board, 3673–3674 NOTICES Patent licenses; non-exclusive, exclusive, or partially Environmental Protection Agency exclusive: PROPOSED RULES Thorgersen ElectroLuminescence Corp., 3672 Air pollutants, hazardous; national emission standards: Aerospace manufacturing and rework facilities, 3642– Arts and Humanities, National Foundation 3648 See National Foundation on the Arts and the Humanities Air quality implementation plans; approval and promulgation; various States; air quality planning Civil Rights Commission purposes; designation of areas: NOTICES Ohio and Kentucky, 3630–3642 NOTICES Meetings; State advisory committees: Agency information collection activities: North Carolina, 3653 Proposed collection; comment request, 3680–3681 Meetings: Commerce Department Science Advisory Board, 3681–3682 See Economic Development Administration State FIFRA Issues Research and Evaluation Group, 3682 See International Trade Administration Pesticide, food, and feed additive petitions: See National Institute of Standards and Technology Acetochlor Registration Partnership et al., 3682–3690 AgrEvo USA Co., 3690–3693 Commodity Futures Trading Commission Bird Shield Repellent Corp., 3693–3696 PROPOSED RULES Prophyta Biologischer Pflanzenschutz GmbH, 3696–3699 Commodity Exchange Act: Pesticides; emergency exemptions, etc.: Contract market rule review procedures, 3623 Tebufenozide, etc., 3699–3709 NOTICES Superfund; response and remedial actions, proposed Contract market proposals: settlements, etc.: Chicago Mercantile Exchange— Uniroyal Hill Street Site, IN, 3709 Lean hogs, 3667–3668 Toxic and hazardous substances control: Live cattle, 3668–3669 New chemicals; receipt and status information, 3709– London Clearing House; cross-margining program, 3715 3669–3670 Federal Aviation Administration Consumer Product Safety Commission RULES Airworthiness directives: NOTICES Kaman Aerospace Corp., 3583–3584 Settlement agreements: PROPOSED RULES Lancaster Colony Corp., 3670–3672 Airworthiness directives: CFM International, 3621–3623 Defense Department Israel Aircraft Industries, Ltd., 3617–3619 See Air Force Department Raytheon, 3619–3621 PROPOSED RULES NOTICES Federal Acquisition Regulation (FAR): Advisory circulars; availability, etc.: Time-and-materials or labor-hours, 3761–3762 Aircraft— NOTICES Turbojet, turboprop, and turbofan engine induction Meetings: system icing, 3752 Science Board task forces, 3672 Meetings: Aviation Rulemaking Advisory Committee, 3752 Delaware River Basin Commission Passenger facility charges; applications, etc.: NOTICES Gainesville Regional Airport, FL, 3752–3753 Meetings and hearings, 3672–3673 Redmond, OR, et al., 3753–3754

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Federal Communications Commission Food and Drug Administration RULES RULES Common carrier services: Medical devices: Satellite communications— American Society for Testing and Materials; amendments Earth stations operating with non-U.S. licensed space to reflect current citations, 3584–3586 stations; application requirements; reconsideration, PROPOSED RULES 3614 Human drugs: NOTICES Antibiotic drugs; marketing exclusivity and patent Common carrier services: provisions, 3623–3627 Satellite communications— Medical devices: Global international section 214 authorizations; American Society for Testing and Materials; amendments Exclusion List, 3715–3716 to reflect current citations, 3627–3629 NOTICES Agency information collection activities: Federal Energy Regulatory Commission Reporting and recordkeeping requirements, 3719 NOTICES Food additive petitions: Electric rate and corporate regulation filings: Cultor Food Science, Inc., et al., 3719 Ameren Operating Companies et al., 3676–3679 Grants and cooperative agreements; availability, etc.: LG&E Energy Marketing, Inc., et al., 3679–3680 State Food Safety Task Force meetings; conference grants, Applications, hearings, determinations, etc.: 3720–3722 National Fuel Gas Supply Corp., 3674 Meetings: Questar Pipeline Co., 3674–3675 Allergenic Products Advisory Committee, 3722 Texas Eastern Transmission Corp., 3675–3676 Reports and guidance documents; availability, etc.: Transcontinental Gas Pipe Line Corp., 3676 Medical devices— Wells Rural Electric Co., 3676 Medical device tracking, 3722–3723 Nitric oxide delivery apparatus, nitric oxide analyzer, Federal Highway Administration and nitrogen dioxide analyzer; premarket notification NOTICES submissions, 3723–3724 Environmental statements; notice of intent: Valley County, ID, 3754–3755 Food and Nutrition Service NOTICES Food distribution programs: Federal Railroad Administration Emergency Food Assistance Program; commodities NOTICES availability, 3650–3651 Agency information collection activities: Submission for OMB review; comment request, 3755– Food Safety and Inspection Service 3758 NOTICES Meetings: Federal Reserve System Codex Alimentarius Commission— Food Additives and Contaminants Codex Committee, NOTICES 3652–3653 Banks and bank holding companies: Milk and Milk Products Codex Committee, 3651 Change in bank control, 3716 Formations, acquisitions, and mergers, 3716–3717 General Services Administration PROPOSED RULES Federal Trade Commission Federal Acquisition Regulation (FAR): NOTICES Time-and-materials or labor-hours, 3761–3762 Interlocking directorates: Clayton Act; Section 8 jurisdictional thresholds, 3717 Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Food and Drug Administration Financial Management Service See Health Care Financing Administration See Fiscal Service See Health Resources and Services Administration See Indian Health Service Fiscal Service See Inspector General Office, Health and Human Services NOTICES Department Agency information collection activities: See Substance Abuse and Mental Health Services Proposed collection; comment request, 3759 Administration Surety companies acceptable on Federal bonds: NOTICES Suretec Insurance Co., 3760 Scientific misconduct findings; administrative actions: Ho, John L., M.D., 3717 Fish and Wildlife Service Health Care Financing Administration PROPOSED RULES See Inspector General Office, Health and Human Services Endangered and threatened species: Department Columbian sharp-tailed grouse; status review, 3648–3649 NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 3724– Klamath River Basin Fisheries Task Force, 3731 3725

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Health Resources and Services Administration NOTICES NOTICES Pollution control; consent judgments: Agency information collection activities: Ambroid Co., Inc., 3738 Submission for OMB review; comment request, 3725– Amity Products Carriers, Inc., 3738–3739 3726 Didion Milling Co., Inc., 3739 Meetings: Odabashian, Robert, et al., 3739–3740 National Health Service Corps National Advisory Council, 3726 Labor Department Rural Health National Advisory Committee, 3726–3727 See Occupational Safety and Health Administration See Pension and Welfare Benefits Administration Indian Health Service NOTICES Land Management Bureau Agency information collection activities: NOTICES Proposed collection; comment request, 3727–3728 Agency information collection activities: Proposed collection; comment request, 3731–3732 Inspector General Office, Health and Human Services Environmental statements; availability, etc.: Department New Mexico; public land health standards and livestock NOTICES grazing management guidelines, 3732 Program exclusions; list, 3728–3730 Oil and gas leases: New Mexico, 3732–3733 Interior Department Various States, 3733–3734 See Fish and Wildlife Service Public land orders: See Land Management Bureau Colorado, 3733–3734 See National Park Service Realty actions; sales, leases, etc.: See Reclamation Bureau Nevada, 3734 NOTICES Resource management plans, etc.: Committees; establishment, renewal, termination, etc.: Owyhee Resource Area, ID, 3734–3735 Earth Observing System Land Processes Distributed Withdrawal and reservation of lands: Active Archive Center Science Advisory Panel, Idaho, 3735 3730–3731 National Aeronautics and Space Administration Internal Revenue Service PROPOSED RULES RULES Federal Acquisition Regulation (FAR): Income taxes: Time-and-materials or labor-hours, 3761–3762 Stock transfer rules, 3589–3609 Stock transfer rules; supplemental rules, 3586–3589 National Foundation on the Arts and the Humanities PROPOSED RULES NOTICES Income taxes: Grants and cooperative agreements; availability, etc.: Stock transfer rules; supplemental rules; cross reference, National Leadership Grants for Libraries, 3742 3629–3630 National Institute of Standards and Technology International Trade Administration NOTICES NOTICES Meetings: Antidumping: Advanced Technology Program Advisory Committee, Bars and wedges and hammers and sledges from— 3667 China, 3658–3660 Compact ductile iron waterworks fittings and glands National Park Service from— NOTICES China, 3660–3661 National Register of Historic Places: Industrial phosphoric acid from— Pending nominations, 3736 Belgium, 3661–3662 Stainless steel bar from— National Science Foundation India, 3662–3666 NOTICES Antidumping and countervailing duties: Meetings; Sunshine Act, 3742 Federal Register notices; format modification (size reduction), 3654–3658 Natural Resources Conservation Service Applications, hearings, determinations, etc.: NOTICES Agricultural Research Service, 3666 Meetings: Boston University, 3666 Agricultural Air Quality Task Force, 3653 University of— North Carolina, 3666–3667 Nuclear Regulatory Commission PROPOSED RULES International Trade Commission Performance-based activities; high-level guidelines, 3615– NOTICES 3617 Import investigations: Uranium from— Occupational Safety and Health Administration Russia, Ukraine, and Uzbekistan, 3737–3738 NOTICES Committees; establishment, renewal, termination, etc.: Justice Department Maritime Advisory Committee for Occupational Safety See Prisons Bureau and Health, 3740–3741

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Pension and Welfare Benefits Administration Small Business Administration NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 3741 Submission for OMB review; comment request, 3751 Proposed collection; comment request; correction, 3741 State Department Postal Service NOTICES RULES Art objects; importation for exhibition: Domestic Mail Manual and International Mail Manual: Science Under Sail: Russia’s Great Voyages to America Special services labels; barcode requirements, 3609–3614 NOTICES (1728-1867), 3751–3752 Domestic rates, fees, and mail classifications: Permanent nonletter-size business reply mail Substance Abuse and Mental Health Services classification and fees; establishment, etc., 3742– Administration 3746 NOTICES Meetings: Presidential Documents SAMHSA special emphasis panels, 3730 PROCLAMATIONS Special observances: Toxic Substances and Disease Registry Agency Biotechnology Month, National (Proc. 7269), 3777–3780 See Agency for Toxic Substances and Disease Registry

Prisons Bureau Transportation Department NOTICES See Federal Aviation Administration Environmental statements; availability: See Federal Highway Administration Merced County, CA; Federal penitentiary at Castle See Federal Railroad Administration Airport and Aviation Development Center, 3740 Public Debt Bureau Treasury Department See Fiscal Service See Fiscal Service See Internal Revenue Service Public Health Service See Agency for Toxic Substances and Disease Registry See Food and Drug Administration Separate Parts In This Issue See Health Resources and Services Administration See Indian Health Service Part II See Substance Abuse and Mental Health Services Administration Department of Defense, General Services Administration, National Aeronautics and Space Administration, 3761– Railroad Retirement Board 3762 NOTICES Agency information collection activities: Part III Proposed collection; comment request, 3746–3747 Department of Commerce, Economic Development Submission for OMB review; comment request, 3747 Administration, 3763–3770

Reclamation Bureau Part IV NOTICES Department of Commerce, Economic Development Meetings: Administration, 3771–3776 Bay-Delta Advisory Council, 3736–3737 Part V Securities and Exchange Commission The President, 3777–3780 NOTICES Meetings; Sunshine Act, 3750 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 3750–3751 Reader Aids Applications, hearings, determinations, etc.: Consult the Reader Aids section at the end of this issue for Franklin Capital Corp., 3747–3748 phone numbers, online resources, finding aids, reminders, Ibbotson Associates, Inc., 3748–3750 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.

3CFR Proclamations: 7269...... 3779 10 CFR Proposed Rules: Ch. I ...... 3615 14 CFR 39...... 3583 Proposed Rules: 39 (3 documents) ...... 3617, 3619, 3621 17 CFR Proposed Rules: 1...... 3623 21 CFR 801...... 3584 Proposed Rules: 314...... 3623 801...... 3627 26 CFR 1 (2 documents) ...... 3586, 3589 7...... 3589 602 (2 documents) ...... 3586, 3589 Proposed Rules: 1...... 3629 39 CFR 111...... 3609 40 CFR Proposed Rules: 52...... 3630 63...... 3642 81...... 3630 47 CFR 25...... 3814 48 CFR Proposed Rules: 43...... 3762 52...... 3762 50 CFR Proposed Rules: 17...... 3648

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Rules and Regulations Federal Register Vol. 65, No. 15

Monday, January 24, 2000

This section of the FEDERAL REGISTER ADDRESSES: Submit comments in time involved is required because the contains regulatory documents having general triplicate to the Federal Aviation previously described critical unsafe applicability and legal effect, most of which Administration (FAA), Office of the condition can adversely affect the are keyed to and codified in the Code of Regional Counsel, Southwest Region, structural integrity of the helicopter. Federal Regulations, which is published under Attention: Rules Docket No. 99–SW–72– Therefore, inspecting for clutch 50 titles pursuant to 44 U.S.C. 1510. AD, 2601 Meacham Blvd., Room 663, assembly integrity before the first flight The Code of Federal Regulations is sold by Fort Worth, Texas 76137. of each day and replacing any the Superintendent of Documents. Prices of FOR FURTHER INFORMATION CONTACT: unairworthy clutch assembly is required new books are listed in the first FEDERAL Wayne E. Gaulzetti, Aerospace prior to further flight, and this AD must REGISTER issue of each week. Engineer, FAA, Boston Aircraft be issued immediately. Certification Office, 12 New England Since it was found that immediate Executive Park, Burlington, MA 01803, corrective action was required, notice DEPARTMENT OF TRANSPORTATION telephone (781) 238–7156, fax (781) and opportunity for prior public 238–7199. comment thereon were impracticable Federal Aviation Administration SUPPLEMENTARY INFORMATION: On and contrary to the public interest, and good cause existed to make the AD 14 CFR Part 39 December 8, 1999, the FAA issued Emergency Priority Letter AD 99–26–04, effective immediately by individual letters issued on December 8, 1999 to all [Docket No. 99±SW±72±AD; Amendment applicable to Kaman Model K1200 39±11523; AD 99±26±04] helicopters, which requires, before the known U.S. owners and operators of first flight of each day, inspecting for Kaman Model K1200 helicopters. These RIN 2120±AA64 clutch assembly integrity. Replacing any conditions still exist, and the AD is unairworthy clutch assembly with an hereby published in the Federal Airworthiness Directives; Kaman airworthy clutch assembly is required Register as an amendment to section Aerospace Corporation Model K1200 before further flight. That action was 39.13 of the Federal Aviation Helicopters prompted by two incidents of engine Regulations (14 CFR 39.13) to make it adapter flange failure and loss of power effective to all persons. AGENCY: Federal Aviation to the main rotors. One incident The FAA estimates that 21 helicopters Administration, DOT. resulted in autorotation into trees with of U.S. registry will be affected by this ACTION: Final rule; request for resulting loss of main rotor blades. The AD, that it will take approximately 1 comments. second incident resulted in a forced work hour per helicopter to inspect the autorotation and damage to the nose clutch assembly and 5 work hours per SUMMARY: This document publishes in landing gear. Subsequent investigation helicopter to replace the clutch the Federal Register an amendment revealed that internal transmission assembly, if necessary. The average adopting Emergency Priority Letter clutch damage caused an engine adapter labor rate is $60 per work hour. Airworthiness Directive (AD) 99–26–04, flange failure. This condition, if not Required parts, if replacement of a which was sent previously to all known corrected, could result in failure of the clutch assembly is necessary, will cost U.S. owners and operators of Kaman engine adapter flange, loss of power to approximately $16,000 per helicopter. Aerospace Corporation (Kaman) Model the main rotors, and a subsequent forced Based on these figures, the total cost K1200 helicopters by individual letters. landing. impact of the AD on U.S. operators is This AD requires, before the first flight The FAA has reviewed Kaman K– estimated to be $459,500 per year, of each day, inspecting for clutch 1200 K–MAX Maintenance Manual assuming 300 clutch assembly assembly integrity. Replacing any Temporary Revision (TR) No. 284, dated inspections, per helicopter, per year, unairworthy clutch assembly with an November 5, 1999, which revises the and replacement of 5 unairworthy airworthy clutch assembly is required procedures for engine area daily clutch assemblies. before further flight. This amendment is inspections and TR No. 289, dated Comments Invited prompted by two incidents of engine November 12, 1999, which describes the adapter flange failure and loss of power method of inspecting the transmission Although this action is in the form of to the main rotors. The actions specified assembly. a final rule that involves requirements by this AD are intended to prevent Since the unsafe condition described affecting flight safety and, thus, was not failure of the engine adapter flange, loss is likely to exist or develop on other preceded by notice and an opportunity of power to the main rotors, and a Kaman Model K1200 helicopters of the for public comment, comments are subsequent forced landing. same type design, the FAA issued invited on this rule. Interested persons DATES: Effective February 8, 2000, to all Emergency Priority Letter AD 99–26–04 are invited to comment on this rule by persons except those persons to whom to prevent failure of the engine adapter submitting such written data, views, or it was made immediately effective by flange, loss of power to the main rotors, arguments as they may desire. Emergency Priority Letter AD 99–26–04, and a subsequent forced landing. The Communications should identify the issued on December 8, 1999, which AD requires, before the first flight of Rules Docket number and be submitted contained the requirements of this each day, inspecting for clutch assembly in triplicate to the address specified amendment. integrity. Replacing any unairworthy under the caption ADDRESSES. All Comments for inclusion in the Rules clutch assembly with an airworthy communications received on or before Docket must be received on or before clutch assembly is required before the closing date for comments will be March 24, 2000. further flight. The short compliance considered, and this rule may be

VerDate 042000 12:17 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\24JAR1.SGM pfrm03 PsN: 24JAR1 3584 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Rules and Regulations amended in light of the comments Federal Aviation Regulations (14 CFR used if approved by the Manager, Boston received. Factual information that part 39) as follows: Aircraft Certification Office, FAA. Operators supports the commenter’s ideas and shall submit their requests through an FAA suggestions is extremely helpful in PART 39ÐAIRWORTHINESS Principal Maintenance Inspector, who may evaluating the effectiveness of the AD DIRECTIVES concur or comment and then send it to the Manager, Boston Aircraft Certification Office. action and determining whether 1. The authority citation for part 39 additional rulemaking action would be Note 3: Information concerning the continues to read as follows: existence of approved alternative methods of needed. Authority: 49 U.S.C. 106(g), 40113, 44701. compliance with this AD, if any, may be Comments are specifically invited on obtained from the Boston Aircraft the overall regulatory, economic, § 39.13 [Amended] Certification Office. environmental, and energy aspects of (d) Special flight permits may be issued in the rule that might suggest a need to 2. Section 39.13 is amended by accordance with sections 21.197 and 21.199 modify the rule. All comments adding a new airworthiness directive to of the Federal Aviation Regulations (14 CFR submitted will be available, both before read as follows: 21.197 and 21.199) to operate the helicopter and after the closing date for comments, AD 99–26–04 Kaman Aerospace to a location where the requirements of this in the Rules Docket for examination by Corporation: Amendment 39–11523. AD can be accomplished. interested persons. A report that Docket No. 99–SW–72–AD. (e) This amendment becomes effective on summarizes each FAA-public contact Applicability: Model K–1200 helicopters, February 8, 2000, to all persons except those concerned with the substance of this AD with clutch assembly, part number (P/N) persons to whom it was made immediately will be filed in the Rules Docket. K974002–701, installed, certificated in any effective by Emergency Priority Letter AD Commenters wishing the FAA to category. 99–26–04, issued December 8, 1999, which contained the requirements of this acknowledge receipt of their comments Note 1: This AD applies to each helicopter amendment. submitted in response to this rule must identified in the preceding applicability submit a self-addressed, stamped provision, regardless of whether it has been Issued in Fort Worth, Texas, on January 13, postcard on which the following otherwise modified, altered, or repaired in 2000. statement is made: ‘‘Comments to the area subject to the requirements of this Eric Bries, Docket No. 99–SW–72–AD.’’ The AD. For helicopters that have been modified, Acting Manager, Rotorcraft Directorate, altered, or repaired so that the performance postcard will be date stamped and Aircraft Certification Service. of the requirements of this AD is affected, the [FR Doc. 00–1642 Filed 1–21–00; 8:45 am] returned to the commenter. owner/operator must request approval for an The regulations adopted herein will alternative method of compliance in BILLING CODE 4910±13±U not have a substantial direct effect on accordance with paragraph (c) of this AD. the States, on the relationship between The request should include an assessment of the national Government and the States, the effect of the modification, alteration, or DEPARTMENT OF HEALTH AND or on the distribution of power and repair on the unsafe condition addressed by HUMAN SERVICES responsibilities among the various this AD; and if the unsafe condition has not levels of government. Therefore, it is been eliminated, the request should include Food and Drug Administration determined that this final rule does not specific proposed actions to address it. have federalism implications under Compliance: Required before the first flight 21 CFR Part 801 of each day. Executive Order 13132. [Docket No. 99N±4955] The FAA has determined that this To prevent failure of the engine adapter flange, loss of power to the main rotors, and regulation is an emergency regulation a subsequent forced landing, accomplish the Amendment of Various Device that must be issued immediately to following: Regulations to Reflect Current correct an unsafe condition in aircraft, (a) Inspect the integrity of the clutch American Society for Testing and and that it is not a ‘‘significant assembly, in a location where background Material Citations regulatory action’’ under Executive noise would not hinder evaluation, by firmly Order 12866. It has been determined and uniformly rotating the Kaflex shaft in the AGENCY: Food and Drug Administration, further that this action involves an anti-rotating direction (counter-clockwise HHS. emergency regulation under DOT looking forward) while maintaining hand ACTION: Direct final rule. Regulatory Policies and Procedures (44 contact. The anti-rotation speed should be approximately one-fourth to one-half FR 11034, February 26, 1979). If it is SUMMARY: The Food and Drug revolution per second. An unairworthy Administration (FDA) is amending determined that this emergency clutch will feel rough with a continuous dry regulation otherwise would be certain references in various medical ‘‘raspy’’ feel and sound, or it may feel as device regulations. The amendments significant under DOT Regulatory though the clutch has heavy detents or Policies and Procedures, a final ‘‘catches’’ on the interior surface that impede update the references in those regulatory evaluation will be prepared the free rotary motion. regulations to various standards of the and placed in the Rules Docket. A copy (b) Remove any unairworthy clutch American Society for Testing and of it, if filed, may be obtained from the assembly, P/N K974002–701, before further Materials (ASTM) to reflect the current Rules Docket at the location provided flight and replace with an airworthy clutch standards designations. Elsewhere in assembly. under the caption ADDRESSES. this issue of the Federal Register, FDA Note 2: Kaman K–1200 K–MAX is publishing a companion proposed List of Subjects in 14 CFR Part 39 Maintenance Manual Temporary Revision rule, under FDA’s usual procedures for Air transportation, Aircraft, Aviation (TR) No. 284, dated November 5, 1999, which notice-and-comment, to provide a revises the procedures for engine area daily safety, Safety. procedural framework to finalize the inspections and TR No. 289, dated November rule in the event that the agency Adoption of the Amendment 12, 1999, which describes the method of inspecting the transmission assembly, pertain receives any significant adverse Accordingly, pursuant to the to the subject of this AD. comment and withdraws the direct final authority delegated to me by the (c) An alternative method of compliance or rule. Administrator, the Federal Aviation adjustment of the compliance time that DATES: The rule is effective June 7, 2000. Administration amends part 39 of the provides an acceptable level of safety may be Submit written comments on or before

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April 10, 2000. If FDA receives no ASTM standards to reflect the current proposed rule. Any comments received significant adverse comments within the ASTM standards designations. FDA will under the companion proposed rule will specified comment period, the agency update the citations for the food be considered as comments regarding intends to publish in the Federal additive regulations in a separate the direct final rule. Register a document confirming the rulemaking. FDA is providing a comment period effective date of the direct final rule This direct final rule amends on the direct final rule of 75 days after within 30 days after the comment §§ 801.410(d)(2) and 801.430(f)(2) by January 24, 2000. If the agency receives period on this direct final rule ends. If incorporating by reference into the any significant adverse comments, FDA the agency receives any adverse regulation the updated standard as intends to withdraw this final rule by comments, FDA intends to withdraw follows: publication in the Federal Register of a this final rule by publication in the • Section 801.410 Use of impact- document within 30 days after the Federal Register of a document within resistant lenses in eyeglasses and comment period ends. A significant 30 days after the comment period ends. sunglasses—The agency is amending adverse comment is defined as a The Director of the Office of the Federal paragraph (d)(2) by removing ‘‘ASTM comment that explains why the rule Register approves the incorporation by Method D 1415–68 ‘Test for would be inappropriate, including reference in accordance with 5 U.S.C. International Hardness of Vulcanized challenges to the rule’s underlying 552(a) and 1 CFR part 51 of certain Rubber,’ ’’ and by adding in its place premise or approach, or would be publications in § 801.410(d)(2) (21 CFR ‘‘ASTM Method D 1415–88, Standard ineffective or unacceptable without 801.410(d)(2)) and § 801.430(f)(2) (21 Test Method for Rubber Property— change. In determining whether a CFR 801.430(f)(2), effective June 7, International Hardness,’’ and also by significant adverse comment is 2000. removing ‘‘ASTM Method D 412–68 sufficient to terminate a direct final ‘Tension Test of Vulcanized Rubber,’ ’’ ADDRESSES: Submit written comments rulemaking, FDA will consider whether and by adding in its place ‘‘ASTM to the Dockets Management Branch the comment raises an issue serious Method D 412–97, Standard Test (HFA–305), Food and Drug enough to warrant a substantive Methods for Vulcanized Rubber and Administration, 5630 Fishers Lane, rm. response in a notice-and-comment Thermoplastic Rubbers and 1061, Rockville, MD 20852. process. Comments that are frivolous, Thermoplastic Elastomers—Tension,’’. insubstantial, or outside the scope of the FOR FURTHER INFORMATION CONTACT: • Section 801.430 User labeling for rule will not be considered significant Philip L. Chao, Office of Policy, menstrual tampons—The agency is or adverse under this procedure. In Planning, and Legislation (HF–23), Food amending paragraph (f)(2) by removing addition, if a significant adverse and Drug Administration, 5600 Fishers ‘‘(ASTM), D 3492–83, ‘Standard comment applies to an amendment, Lane, Rockville, MD 20857, 301–827– Specification for Rubber Contraceptives paragraph, or section of this rule and 3380. (Condoms)’’ ’ and by adding in its place that provision can be severed from the SUPPLEMENTARY INFORMATION: ‘‘(ASTM) D 3492–96, Standard remainder of the rule, FDA may adopt Specification for Rubber Contraceptives I. Background as final those provisions of the rule that (Male Condoms)’’. are not the subject of a significant The ASTM notified FDA that ASTM In addition, FDA is updating in adverse comment. had been working on a project to help § 801.410(d)(2) the address for the If FDA withdraws the direct final rule, Federal agencies update and maintain American Society for Testing and all comments received will be the ASTM standards that are referenced Materials. considered under the companion in the Code of Federal Regulations II. Additional Information proposed rule in developing a final rule (CFR’s). Use of consensus standards under the usual notice-and-comment such as those developed by ASTM is In the Federal Register of November procedures under the Administrative consistent with the purposes of the 21, 1997 (62 FR 62466), FDA described Procedure Act (5 U.S.C. 552 et seq.). If National Technology Transfer and when and how it will employ direct FDA receives no significant adverse Advancement Act of 1995, signed into final rulemaking. FDA believes this rule comments during the specified law on March 7, 1996 (Public Law 104– is appropriate for direct final comment period, FDA intends to 113). As part of the ASTM project, rulemaking because FDA views this rule publish a confirmation notice in the ASTM informed FDA that many ASTM as making noncontroversial Federal Register within 30 days after standards cited in FDA’s food additive amendments to existing regulations, i.e., the comment period ends. FDA intends and device regulations were out-of-date adopting revised ASTM methods for to make the direct final rule effective and provided a list of standards with certain medical device regulations, and June 7, 2000. their current year designations. ASTM FDA anticipates no significant adverse listed 58 different regulations which, in comments. Consistent with FDA’s III. Environmental Impact its opinion, needed to be updated. procedures on direct final rulemaking, The agency has determined, under 21 FDA examined the ASTM’s elsewhere in this issue of the Federal CFR 25.30(i) that this action is of a type documentation and, upon closer Register, FDA is publishing a that does not individually or examination, found that 56 of the 58 companion proposed rule to amend the cumulatively have a significant effect on different FDA regulations identified by relevant medical device regulations. The the human environment. Therefore, ASTM cited obsolete ASTM standards companion proposed rule is neither an environmental assessment or that, in some cases, cited ASTM substantially identical to the direct final nor an environmental impact statement standards that had been withdrawn. rule. The companion proposed rule is required. Most regulations involved direct and provides a procedural framework within indirect food additives, although two of which the rule may be finalized in the IV. Analysis of Impacts the affected regulations involved event the direct final rule is withdrawn FDA has examined the impacts of the medical devices. Consequently, through because of any significant adverse final rule under Executive Order 12866 this rulemaking, FDA is revising the comments. The comment period for the and the Regulatory Flexibility Act (5 device regulations identified by ASTM direct final rule runs concurrently with U.S.C. 601–612). Executive Order 12866 that contain obsolete or withdrawn the comment period of the companion directs agencies to assess all costs and

VerDate 042000 16:25 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\24JAR1.SGM pfrm03 PsN: 24JAR1 3586 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Rules and Regulations benefits of available regulatory submit one copy. Comments are to be Rubber Contraceptives (Condoms)’ ’’ and alternatives and, when regulation is identified with the docket number by adding in its place ‘‘(ASTM) D 3492– necessary, to select regulatory found in brackets in the heading of this 96, ‘Standard Specification for Rubber approaches that maximize net benefits document. Received comments may be Contraceptives (Male Condoms)’ ’’; and (including potential economic, seen in the office above between 9 a.m. by revising the footnote to read ‘‘Copies environmental, public health and safety, and 4 p.m., Monday through Friday. All of the standard are available from the and other advantages; distributive comments received will be considered American Society for Testing and impacts; and equity). Executive Order as comments regarding the proposed Materials, 100 Barr Harbor Dr., West 12866 classifies a rule as significant if rule and this direct final rule. In the Conshohocken, PA 19428, or available it meets any one of a number of event that the direct final rule is for inspection at the Center for Devices specified conditions, including having withdrawn, all comments received and Radiological Health’s Library, 9200 an annual effect on the economy of $100 regarding the companion proposed rule Corporate Blvd., Rockville, MD 10850, million or adversely affecting in a and the direct final rule will be or at the Office of the Federal Register, material way a sector of the economy, considered as comments on the 800 North Capitol St. NW., suite 700, competition, or jobs, or if it raises novel proposed rule. Washington, DC.’’ legal or policy issues. The revised Dated: December 29, 1999. ASTM standard citations that FDA is List of Subjects in 21 CFR Part 801 adopting in the medical device Hearing aids, Incorporation by Margaret M. Dotzel, regulations reflect minor changes to the reference, Medical devices, Professional Acting Associate Commissioner for Policy. currently listed methods in those and patient labeling. [FR Doc. 00–1404 Filed 1–21–00; 8:45 am] regulations. The updated citations are Therefore, under the Federal Food, BILLING CODE 4160±01±F the result of periodic reapprovals of Drug, and Cosmetic Act and under long-standing test methods or standards authority delegated to the Commissioner and should have no significant adverse of Food and Drugs, 21 CFR part 801 is DEPARTMENT OF THE TREASURY impact on those who use the standard. amended as follows: Thus, the rule is not a significant Internal Revenue Service regulatory action as defined in PART 801ÐLABELING Executive Order 12866, and so is not 26 CFR Parts 1 and 602 1. The authority citation for 21 CFR subject to review under the Executive part 801 continues to read as follows: [TD 8863] Order. Under section 603(a) of the Regulatory Authority : 21 U.S.C. 321, 331, 351, 352, RIN 1545±AX64 Flexibility Act (RFA), for any proposed 360i, 360j, 371, 374. Stock Transfer Rules: Supplemental rule for which the agency is required by § 801.410 [Amended] section 553 of the Administrative Rules 2. Section 801.410 Use of impact- Procedure Act or any other law to AGENCY: resistant lenses in eyeglasses and Internal Revenue Service (IRS), publish a general notice of proposed Treasury. rulemaking, the agency is required to sunglasses is amended in paragraph ACTION: Temporary regulations. analyze regulatory options that would (d)(2) by removing ‘‘ASTM Method D 1415–68 ‘Test for International minimize any significant economic SUMMARY: This document contains Hardness of Vulcanized Rubber,’ ’’ and impact of a rule on small entities. The temporary regulations that provide an by adding in its place ‘‘ASTM Method agency has published, in the companion election for certain taxpayers engaged in D 1415–88, Standard Test Method for proposed rule published elsewhere in certain exchanges described in section Rubber Property—International this Federal Register, an initial 367(b). These regulations provide Hardness,’’; by removing ‘‘ASTM regulatory flexibility analysis. Because guidance for taxpayers that make the Method D 412–68 ‘Tension Test of the companion proposed rule is a specified election in order to determine Vulcanized Rubber,’ ’’ and by adding in proposed rule for which a general notice the extent to which income must be its place ‘‘ASTM Method D 412–97, of proposed rulemaking is required, and included and certain corresponding Standard Test Methods for Vulcanized therefore is subject to the RFA, the adjustments must be made. The text of Rubber and Thermoplastic Rubbers and agency will consider any comments it the temporary regulations also serves as Thermoplastic Elastomers—Tension,’’; receives on the initial regulatory the text of the proposed regulations set and by removing ‘‘1916 Race St., flexibility analysis in the companion forth in the notice of proposed Philadelphia, PA 19103, or available for proposed rule when deciding whether rulemaking on this subject in the inspection at the Office of the Federal to withdraw this direct final rule. Proposed Rules section of this issue of Register, 800 North Capitol Street, NW., the Federal Register. V. Paperwork Reduction Act of 1995 suite 700, Washington, DC 20408.)’’ and This direct final rule contains no by adding in its place ‘‘100 Barr Harbor DATES: Effective Date. These regulations collections of information. Therefore, Dr., West Conshohocken, Philadelphia, are effective as of February 23, 2000. clearance by the Office of Management PA 19428, or available for inspection at Applicability Date. These regulations and Budget under the Paperwork the Center for Devices and Radiological apply to section 367(b) exchanges that Reduction Act of 1995 is not required. Health’s Library, 9200 Corporate Blvd., occur on or after February 23, 2000. Interested persons may, on or before Rockville, MD 10850, or at the Office of FOR FURTHER INFORMATION CONTACT: April 10, 2000, submit to the Dockets the Federal Register, 800 North Capitol Mark D. Harris, (202) 622–3860 (not a Management Branch (address above) St. NW., suite 700, Washington, DC.’’ toll-free number). written comments regarding this final SUPPLEMENTARY INFORMATION: rule. The comment period runs § 801.430 [Amended] concurrently with the comment period 3. Section 801.430 User labeling for Paperwork Reduction Act for the companion proposed rule. Two menstrual tampons is amended in These regulations are being issued copies of any comments are to be paragraph (f)(2) by removing ‘‘(ASTM), without prior notice and public submitted, except that individuals may D 3492–83, ‘Standard Specification for procedure pursuant to the

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Administrative Procedure Act (5 U.S.C. The IRS and Treasury adopted (published elsewhere in this issue of the 553). For this reason, the collection of §§ 1.367(b)–1 through 1.367(b)–6 as Federal Register) did not adopt the information contained in these final regulations under section 367(b) taxable exchange election. regulations has been reviewed and, (see final section 367(b) regulations In order to provide taxpayers an pending receipt and evaluation of published elsewhere in this issue of the opportunity to comment on this change, public comments, approved by the Federal Register). These temporary these temporary regulations provide the Office of Management and Budget under regulations relate to certain provisions taxable exchange election in modified control number 1545–1666. Responses of the 1991 proposed regulations not form. The modified election permits an to this collection of information is adopted in the final section 367(b) exchanging shareholder to elect to treat mandatory. regulations (published elsewhere in this a transaction as a taxable exchange, but An agency may not conduct or issue of the Federal Register). limits application of the attribute sponsor, and a person is not required to General Purpose reduction regime to a section 332 respond to, a collection of information liquidation or to an inbound asset unless the collection of information These temporary regulations address the elimination of an election available reorganization in which the foreign displays a valid OMB control number. acquired corporation is wholly owned For further information concerning to certain taxpayers under the 1991 proposed regulations that was not (directly or indirectly) by one U.S. this collection of information, and person. where to submit comments on the adopted in the final section 367(b) collection of information and the regulations (published elsewhere in this These temporary regulations apply to accuracy of the estimated burden, and issue of the Federal Register). section 367(b) exchanges that occur between February 23, 2000, and suggestions for reducing this burden, Specific Provisions please refer to the preamble to the cross- February 23, 2001. A. § 1.367(b)–3T(b)(4): Election of referencing notice of proposed Further Explanation rulemaking published in the Proposed Taxable Exchange Treatment Rules section of this issue of the Federal Section 1.367(b)–3 of the 1991 For a more detailed discussion Register. proposed regulations addressed regarding section 367(b), see the final Books or records relating to a transactions in which a foreign section 367(b) regulations published collection of information must be corporation transfers assets to a elsewhere in this issue of the Federal retained as long as their contents may domestic corporation pursuant to a Register. become material in the administration Subchapter C nonrecognition provision. Special Analyses of any internal revenue law. Generally, These transactions include a section 332 tax returns and tax return information liquidation of a foreign corporation into It has been determined that these are confidential, as required by 26 a domestic parent corporation and an Temporary regulations are not a U.S.C. 6103. asset reorganization, such as a C, D or significant regulatory action as defined F reorganization, of a foreign Background in Executive Order 12866. Therefore, a corporation into a domestic corporation. regulatory assessment is not required. It On December 27, 1977, the IRS and The 1991 proposed regulations required also has been determined that section Treasury issued proposed and a U.S. shareholder of a foreign acquired 553(b) of the Administrative Procedure temporary regulations under section corporation (or, in certain cases, a Act (5 U.S.C. chapter 5) does not apply 367(b) of the Internal Revenue Code foreign subsidiary of the U.S. to these regulations. Further it is hereby (Code). Subsequent guidance updated shareholder) to currently include in certified pursuant to sections 603(a) and and amended the 1977 temporary income the allocable portion of the 605(b) of the Regulatory Flexibility Act regulations (the 1977 regulations) foreign acquired corporation’s earnings that the collection of information in several times over the next 14 years. On and profits accumulated during the U.S. these regulations will not have a August 26, 1991, the IRS and Treasury shareholder’s holding period (all significant economic impact on a issued proposed regulations earnings and profits amount). The final substantial number of small entities. §§ 1.367(b)–1 through 1.367(b)–6 (the section 367(b) regulations (published This certification is based upon the fact 1991 proposed regulations). Comments elsewhere in this issue of the Federal that the number of section 367(b) to the 1991 proposed regulations were Register) adopted this general rule. exchanges that require reporting under received, and a public hearing was held Sections 7.367(b)–5(b) and 7.367(b)– these regulations is estimated to be only on November 22, 1991. In June of 1998, 7(c)(2)(ii) of the 1977 regulations and 20 per year. Therefore, a Regulatory the IRS and Treasury issued final § 1.367(b)–3(b)(2)(iii) of the 1991 Flexibility Analysis under the regulations under sections 367(a) and proposed regulations provided an Regulatory Flexibility Act (5 U.S.C. (b) (the 1998 regulations). The 1998 exception to this rule, which permitted chapter 6) is not required. regulations addressed transactions an exchanging shareholder to elect to under section 367(b) only to the extent recognize the gain (but not the loss) that Pursuant to section 7805(f) of the the transactions are also subject to the it realizes in the exchange (taxable Code, these temporary regulations will stock transfer rules of section 367(a). exchange election), rather than include be submitted to the Chief Counsel for Thus, the 1977 regulations have the all earnings and profits amount in Advocacy of the Small Business remained in effect to the extent not income. To the extent the all earnings Administration for comment on their superseded by the 1998 regulations. The and profits amount exceeds a impact. preamble to the 1998 regulations stated shareholder’s stock gain, the 1991 Drafting Information. The principal that the IRS and Treasury would issue proposed regulations further required author of these regulations is Mark guidance at a later date to address the the foreign acquired corporation to Harris of the Office of Associate Chief portions of the 1991 proposed reduce various tax attributes that would Counsel (International). However, other regulations related to section 367(b) that otherwise carryover to the domestic personnel from the IRS and Treasury were not addressed in the 1998 acquiring corporation (attribute Department participated in their regulations. reduction regime). The final regulations development.

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List of Subjects (B) Attribute reduction—(1) Reduction of $30, and tangible depreciable assets with of NOL carryovers. The amount by a value of $40 and a basis of $80. FC has no 26 CFR Part 1 which the all earnings and profits net operating loss carryovers or capital loss Income taxes, Reporting and amount exceeds the gain recognized by carryovers. The all earnings and profits recordkeeping requirements. the exchanging shareholder (the excess amount with respect to the FC stock owned by DC is $30, of which $19 is described in 26 CFR Part 602 earnings and profits amount) shall be section 1248(a) and the remaining $11 is not applied to reduce the net operating loss Reporting and recordkeeping (for example, because it was earned prior to carryovers (if any) of the foreign 1963). In a liquidation described in section requirements. acquired corporation to which the 332, FC distributes all of its property to DC, Adoption of Amendments to the domestic acquiring corporation would and the FC stock held by DC is canceled. Regulations otherwise succeed under section 381(a) Rather than including in income as a deemed and (c)(1). See also Rev. Rul. 72–421 dividend the all earnings and profits amount Accordingly, 26 CFR parts 1 and 602 (1972–2 C.B. 166) (see § 601.601(d)(2) of of $30 as provided in § 1.367(b)–3(b)(3)(i), DC are amended as follows: this chapter). instead elects taxable exchange treatment ( 2) Reduction of capital loss under paragraph (b)(4)(i)(A) of this section. PART 1ÐINCOME TAXES (ii) Result. DC recognizes the $20 of gain carryovers. After the application of it realizes on its stock in FC. Of this $20 Paragraph 1. The authority citation paragraph (b)(4)(i)(B)(1) of this section, amount, $19 is included in income by DC as for part 1 is amended by adding entries any remaining excess earnings and a dividend pursuant to section 1248(a). (For in numerical order to read in part as profits amount shall be applied to the source of the remaining $1 of gain follows: reduce the capital loss carryovers (if recognized by DC, see section 865. For the any) of the foreign acquired corporation treatment of the $1 for purposes of the Authority: 26 U.S.C. 7805 * * * foreign tax credit limitation, see generally Section 1.367(b)–3T also issued under 26 to which the domestic acquiring corporation would otherwise succeed section 904(d)(2)(A)(i).) Because the U.S.C. 367(a) and (b). * * * transaction is described in section 332 and Par. 2. Section 1.367(b)–3T is added under section 381(a) and (c)(3). (3) Reduction of basis. After the because the all earnings and profits amount to read as follows: with respect to the FC stock held by DC ($30) application of paragraph (b)(4)(i)(B)(2) exceeds by $10 the income recognized by DC § 1.367(b)±3T Repatriation of foreign of this section, any remaining excess ($20), the attribute reduction rules of corporate assets in certain nonrecognition earnings and profits amount shall be paragraph (b)(4)(i)(B) of this section apply. transactions (temporary). applied to reduce (but not below zero) Accordingly, the $10 excess earnings and (a) through (b)(3). [Reserved]. For the basis of the assets (other than dollar- profits amount is applied to reduce the basis further guidance, see § 1.367(b)–3(a) denominated money) of the foreign of the tangible depreciable assets of FC, through (b)(3). acquired corporation that are acquired beginning with those assets with the shortest (4) Election of taxable exchange by the domestic acquiring corporation. class lives. Under section 337(a) FC does not treatment—(i) Rules—(A) In general. In Such remaining excess earnings and recognize gain or loss in the assets that it lieu of the treatment prescribed by distributes to DC, and under section 334(b) profits amount shall be applied to (which is applied taking into account the § 1.367(b)–3(b)(3)(i), an exchanging reduce the basis of such assets in the basis reduction prescribed by paragraph shareholder described in § 1.367(b)– following order: first, tangible (b)(4)(i)(A)(3) of this section) DC takes a basis 3(b)(1) may instead elect to recognize depreciable or depletable assets, of $30 in the land and $70 in the tangible the gain (but not loss) that it realizes in according to their class lives (beginning depreciable assets that it receives from FC. the exchange (taxable exchange with those assets with the shortest class (ii) Effective date. This paragraph (b)(4) election). To make a taxable exchange life); second, other non-inventory applies for section 367(b) exchanges that election, the following requirements tangible assets; third, intangible assets occur between February 23, 2000, and must be satisfied— that are amortizable; and finally, the February 23, 2001. (1) The exchanging shareholder (and (c) and (d) [Reserved]. For further remaining assets of the foreign acquired guidance, see § 1.367(b)–3(c) through (d). its direct or indirect owners that would corporation that are acquired by the be affected by the election, in the case domestic acquiring corporation. Within Par. 3. The authority citation for part of an exchanging shareholder that is a each of these categories, if the total basis 602 continues to read as follows: foreign corporation) reports the of all assets in the category is greater Authority: 26 U.S.C. 7805. exchange in a manner consistent than the excess earnings and profits Par. 4. In § 602.101, paragraph (b) is therewith (see, e.g., sections amount to be applied against such basis, amended as follows: 954(c)(1)(B)(i), 1001 and 1248); the taxpayer may choose to which (2) The notification requirements of 1. Removing the following entries specific assets in the category the basis from the table: paragraph (b)(4)(i)(C) of this section are reduction first applies. satisfied; and (C) Notification. The exchanging § 602.101 OMB Control numbers. (3) The adjustments described in shareholder shall elect to apply the * * * * * paragraph (b)(4)(i)(B) of this section are rules of this paragraph (b)(4)(i) by (b) * * * made when the following circumstances attaching a statement of its election to are present— its section 367(b) notice. See § 1.367(b)– CFR part or section where Current OMB (i) The transaction is described in 1(c) For the rules concerning filing a identified and described Control No. section 332 or is an asset acquisition section 367(b) notice. described in section 368(a)(1), with (D) Example. The following example regard to which one U.S. person owns illustrates the rules of this paragraph ***** (directly or indirectly) 100 percent of (b)(4)(i): 7.367(b)±1 ...... 1545±0026 the foreign acquired corporation; and 7.367(b)±3 ...... 1545±0026 (ii) The all earnings and profits Example—(i) Facts. DC, a domestic 7.367(b)±7 ...... 1545±0026 corporation, owns all of the outstanding amount described in § 1.367(b)– 7.367(b)±9 ...... 1545±0026 stock of FC, a foreign corporation. The stock 7.367(b)±10 ...... 1545±0026 3(b)(3)(i) with respect to the exchange of FC has a value of $100, and DC has a basis exceeds the gain recognized by the of $80 in such stock. The assets of FC are one ***** exchanging shareholder. parcel of land with a value of $60 and a basis

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2. Adding the following entry in Paperwork Reduction Act regulations related to section 367(b) that numerical order to the table to read as The collections of information were not addressed in the 1998 follows: contained in these final regulations have regulations. After consideration of the 1977 § 602.101 OMB Control numbers. been reviewed and approved by the Office of Management and Budget in regulations and their updates and * * * * * amendments, the 1991 proposed (b) * * * accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under regulations and their updates and control number 1545–1271. Responses amendments, the 1998 regulations, and CFR part or section where Current OMB all comments received with respect to identified and described control No. to these collections of information are mandatory. such regulations, the IRS and Treasury An agency may not conduct or adopt §§ 1.367(b)–1 through 1.367(b)–6 *****sponsor, and a person is not required to as final regulations under section 1.367(b)±3T ...... 1545±1666 respond to, a collection of information 367(b). *****unless the collection of information Overview displays a valid control number. The estimated average annual A. General Policies of Section 367(b) John M. Dalrymple, reporting burden in these final Section 367(b) governs corporate Acting Deputy Commissioner of Internal regulations is 4 hours. restructurings under sections 332, 351, Revenue. Comments concerning the accuracy of 354, 355, 356, and 361 (except to the Approved: December 22, 1999. this burden estimate and suggestions for extent described in section 367(a)(1)) in Jonathan Talisman, reducing this burden should be sent to which the status of a foreign corporation Acting Assistant Secretary of the Treasury. the Internal Revenue Service, Attn: IRS as a ‘‘corporation’’ is necessary for [FR Doc. 00–1379 Filed 1–21–00; 8:45 am] Reports Clearance Officer, OP:FS:FP, application of the relevant Washington, DC 20224, and to the nonrecognition provisions. Section BILLING CODE 4830±01±U Office of Management and Budget, Attn: 367(b) provides that a foreign Desk Officer for the Department of the corporation that is a party to one of the DEPARTMENT OF THE TREASURY Treasury, Office of Information and enumerated nonrecognition transactions Regulatory Affairs, Washington, DC shall be respected as a corporation, and Internal Revenue Service 20503. thereby the parties involved in the Books or records relating to these transaction shall obtain the benefits of 26 CFR Parts 1, 7, and 602 collections of information must be the applicable nonrecognition exchange retained as long as their contents may provisions and their related provisions [TD 8862] become material in the administration (such as section 381) (together, the RIN 1545±AI32 of any internal revenue law. Subchapter C provisions), except to the Generally, tax returns and tax return extent provided in regulations. Stock Transfer Rules information are confidential, as required The principal purpose of section AGENCY: Internal Revenue Service (IRS), by 26 U.S.C. 6103. 367(b) is to prevent the avoidance of Treasury. U.S. tax that can arise when the Background Subchapter C provisions apply to ACTION: Final and temporary On December 27, 1977, the IRS and transactions involving foreign regulations. Treasury issued proposed and corporations. The potential for tax SUMMARY: This document contains final temporary regulations under section avoidance arises because of differences regulations addressing the application 367(b) of the Internal Revenue Code between the manner in which the of nonrecognition exchange provisions (Code). Subsequent guidance updated United States taxes foreign corporations in Subchapter C of the Internal Revenue and amended the 1977 temporary and their shareholders and the manner Code to transactions that involve one or regulations (the 1977 regulations) in which the United States taxes more foreign corporations. These several times over the next 14 years. On domestic corporations and their U.S. regulations provide guidance for August 26, 1991, the IRS and Treasury shareholders. taxpayers engaging in those transactions issued proposed regulations The Subchapter C provisions in order to determine the extent to §§ 1.367(b)–1 through 1.367(b)–6 (the generally have been drafted to apply to which income shall be included and 1991 proposed regulations). Comments domestic corporations and U.S. appropriate corresponding adjustments to the 1991 proposed regulations were shareholders, and thus do not fully take shall be made. received, and a public hearing was held into account the cross-border aspects of on November 22, 1991. In June of 1998, U.S. taxation (such as deferral, foreign DATES: Effective Date. These regulations the IRS and Treasury issued final tax credits, and section 1248). Section are effective as of February 23, 2000. Applicability Dates. These regulations regulations under sections 367(a) and 367(b) was enacted to help ensure that apply to section 367(b) exchanges that (b) (the 1998 regulations). The 1998 international tax considerations in the occur on or after February 23, 2000. regulations addressed transactions Code are adequately addressed when However, taxpayers may choose to under section 367(b) only to the extent the Subchapter C provisions apply to an apply these regulations to section 367(b) the transactions are also subject to the exchange involving a foreign exchanges that occur before February stock transfer rules of section 367(a). corporation. Because determining the 23, 2000, as specified in § 1.367(b)– Thus, the 1977 regulations have proper interaction of the Code’s 6(a)(2). remained in effect to the extent not international and Subchapter C superseded by the 1998 regulations. The provisions is ‘‘necessarily highly FOR FURTHER INFORMATION CONTACT: preamble to the 1998 regulations stated technical,’’ Congress granted the Mark D. Harris, (202) 622–3860 (not a that the IRS and Treasury would issue Secretary broad regulatory authority to toll-free number). guidance at a later date to address the provide the ‘‘necessary or appropriate’’ SUPPLEMENTARY INFORMATION: portions of the 1991 proposed rules, rather than enacting a complex

VerDate 042000 12:17 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\24JAR1.SGM pfrm03 PsN: 24JAR1 3590 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Rules and Regulations statutory regime. H.R. Rep. No. 658, foreign to domestic corporations. This 367(b) policy of determining the 94th Cong., 1st Sess. 241 (1975). consideration has interrelated appropriate carryover of corporate-level Accordingly, as the preamble to the shareholder-level and corporate-level attributes in inbound nonrecognition 1991 proposed regulations stated, the components. At the shareholder level, transactions. Thus, the final regulations section 367(b) regulations require the section 367(b) regulations are retain the 1991 proposed regulations’ adjustments or inclusions in order to concerned with the proper taxation of definition of all earnings and profits prevent the material distortion of previously deferred earnings and amount. The final regulations also income that can occur when the profits. At the corporate level, the generally retain (subject to a new de Subchapter C provisions apply to an section 367(b) regulations are concerned minimis exception) the taxation of all exchange involving a foreign with both the extent and manner in exchanging U.S. shareholders in corporation. The 1991 proposed which tax attributes carry over in light inbound nonrecognition transactions. regulations simplified the 1977 of the variations between the Code’s In finalizing these regulations, the IRS regulations and were generally favorably taxation of foreign and domestic and Treasury considered whether future received by taxpayers. The final corporations. section 367(b) regulations should limit regulations adopt the 1991 proposed The section 367(b) regulations have the extent to which tax attributes carry regulations with modifications. The historically focused on the carryover of over from foreign to domestic modifications are based on further earnings and profits and bases of assets, corporations. Such a limitation would considerations of fairness, simplicity, simultaneously addressing the more directly implement the section and administrability. shareholder and corporate level 367(b) policy related to the carryover of The final regulations also incorporate concerns by accounting for any attributes and, as a result, reduce the the section 367(b) rules contained in the necessary adjustments through an class of U.S. persons required to have an 1998 regulations. The 1998 regulations income inclusion by the U.S. income inclusion in connection with an finalized portions of the 1991 proposed shareholders of the foreign acquired inbound nonrecognition transaction. regulations to the extent necessary to corporation (and without limiting the Such a limitation would also enable the address the overlap between section extent to which the domestic acquiring section 367(b) regulations to address the 367(b) and the section 367(a) stock corporation succeeds to the attributes). carryover of attributes attributable to a transfer rules. Because the scope of the The 1991 proposed regulations required non-U.S. person’s holding period. The final regulations is broader than that a U.S. shareholder of the foreign IRS and Treasury request comments as overlap, the final regulations adopt the acquired corporation (or, in certain to the merits of an attribute carryover 1998 section 367(b) provisions in a cases, a foreign subsidiary of the U.S. limitation, as well as other approaches manner appropriate to their shareholder) to currently include in that could address the carryover of tax incorporation into the final regulations. income the allocable portion of the attributes related to a non-U.S. person’s The IRS and Treasury are also issuing foreign acquired corporation’s earnings holding period under section 367(b). other guidance under section 367(b). and profits accumulated during the U.S. C. Specific Policies in Context of Temporary and proposed regulations shareholder’s holding period (all Foreign-to-Foreign Nonrecognition (published elsewhere in this issue of the earnings and profits amount). The Transactions and Section 355 Federal Register) address the requirement to include in income the all Distributions elimination of an election available to earnings and profits amount results in certain taxpayers under the 1977 the taxation of previously unrepatriated Section 1.367(b)–4 addresses regulations and the 1991 proposed earnings accumulated during a U.S. transactions in which a foreign regulations. In addition, the IRS and shareholder’s (direct or indirect) corporation acquires the stock or assets Treasury intend to issue other proposed holding period. This income inclusion of another foreign corporation in an regulations that provide rules regarding prevents the conversion of a deferral of exchange described in section 351 or a the combination and separation of tax into a forgiveness of tax and section 368(a)(1)(B), (C), (D), (E), (F) or corporate-level tax attributes in generally ensures that the section 381 (G) reorganization (foreign-to-foreign applicable section 367(b) exchanges. carryover basis reflects an after-tax nonrecognition transactions). Section amount. However, the all earnings and 1.367(b)–5 provides rules regarding a B. Specific Policies in Context of profits amount inclusion does not distribution by a foreign corporation of Inbound Nonrecognition Transactions consider tax attributes that accrue the stock or securities of a domestic or Section 1.367(b)–3 addresses during a non-U.S. person’s holding foreign corporation described in section transactions in which a foreign period. 355. The historic policy objective of corporation transfers assets to a Commentators criticized the scope of section 367(b) in both of these contexts domestic corporation pursuant to a the 1991 proposed regulations, arguing has been to preserve the potential Subchapter C provision. These that the all earnings and profits amount application of section 1248. Thus, the transactions include a section 332 should be limited to the amount that a amount that would have been liquidation of a foreign corporation into shareholder would include in income as recharacterized as a dividend under a domestic parent corporation and an a deemed dividend under section 1248. section 1248 upon a disposition of the asset reorganization, such as a C, D, or The scope of the all earnings and profits stock (section 1248 amount) generally F reorganization, of a foreign amount is broader than the section 1248 must be included in income as a corporation into a domestic corporation amount because, for example, the all dividend at the time of the section (inbound nonrecognition transactions). earnings and profits amount is 367(b) exchange to the extent such Section 381 generally provides rules calculated without regard to whether section 1248 amount would not be regarding the extent to which corporate the foreign corporation is a CFC and preserved immediately following the attributes carry over in such without regard to a shareholder’s gain in section 367(b) exchange. transactions. the stock. However, this view too The final regulations do not address The principal policy consideration of narrowly construes the role of section all of the policy considerations raised by section 367(b) with respect to inbound 367(b) by focusing on potential the application of the Subchapter C nonrecognition transactions is the shareholder-level consequences without provisions to transactions described in appropriate carryover of attributes from adequately considering the section §§ 1.367(b)–4 and 1.367(b)–5. For

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Until the IRS and non-U.S. persons. This modification applies to the extent the non-U.S. 3. Final Regulation § 1.367(b)–2(j): Treasury promulgate such regulations, Sections 985 Through 989 taxpayers should use a reasonable person was not directly or indirectly method (consistent with existing law owned by U.S. persons with a 10 Section 1.367(b)–2(k) of the 1991 and taking proper account of the percent or greater interest when the proposed regulations provided rules purposes of the foreign tax credit earnings and profits accumulated. An regarding currency exchange inclusions regime) to determine the carryover and example in the final regulations or adjustments that result from a section separation of earnings and profits and illustrates this new rule. 367(b) exchange. The final regulations related foreign taxes. When applying the attribution apply the principles of the 1991 principles of section 1248 for purposes proposed regulations, but provide the Explanation of Provisions of determining the all earnings and following modifications. The IRS received numerous profits amount, the requirements of The 1991 proposed regulations comments on the 1991 proposed section 1248 unrelated to computing the required an acquired corporation that regulations. The following discussion amount of earnings and profits participates in a transaction described summarizes the comments and changes attributable to a shareholder’s block of in section 381(a) to change its functional to the 1991 proposed regulations. stock should not apply. The final currency if the acquiring corporation regulations explicitly state this has a different functional currency. The A. § 1.367(b)–1(c): Notice Requirements principle. The 1991 proposed rule was intended to ensure that Section 1.367(b)–1(c) of the 1991 regulations applied this principle, for taxpayers use the correct functional proposed regulations required any example, when they provided that the currency after a section 367(b) person that realizes income in a section all earnings and profits amount is exchange. However, functional currency 367(b) exchange to file a notice with calculated without regard to whether is determined separately for each respect to the exchange, regardless of the foreign corporation is a controlled qualified business unit (QBU). In such person’s status as a U.S. person foreign corporation (CFC). The final addition, the functional currency of a and its percentage ownership in the regulations further specify that the all QBU of either the acquired or acquiring corporation that is a party to the section earnings and profits amount includes corporation may change as a result of a 367(b) exchange. Commentators earnings attributable to an exchanging section 367(b) exchange. Accordingly, criticized this notice requirement as shareholder’s stock, without regard to the final regulations provide that a QBU overly broad. The 1998 regulations whether the exchanging shareholder is deemed to have automatically limited the notice requirement to owned 10 percent of the stock of the changed its functional currency when shareholders that realize income and foreign acquired corporation. A new its functional currency, as determined file a tax return under section 6012. The example in the final regulations after a section 367(b) exchange, is final regulations further revise the illustrates these rules. different than before the exchange. notice requirement and generally Thus, the QBU is required to make 2. § 1.367(b)–2(e): Treatment of Deemed appropriate adjustments under § 1.985– narrow its scope by requiring notice Dividends only with respect to persons and 5. Section 1.367(b)–2(e) of the 1991 The 1991 proposed regulations transactions that may be subject to an proposed regulations provided that a provided that, if an exchanging inclusion under the final regulations’ deemed dividend shall be treated as an shareholder is required to include in operative provisions. actual dividend. Thus, a deemed income either the all earnings and B. § 1.367(b)–2: Definitions and Special dividend was considered as paid out of profits amount or the section 1248 Rules the earnings and profits of a foreign amount, then immediately before the corporation and was considered as exchange and solely for purposes of 1. § 1.367(b)–2(d): All Earnings and having been paid through intermediate computing exchange gain or loss under Profits Amount owners (when appropriate). One section 986(c), the shareholder is treated Section 1.367(b)–2(d) of the 1991 commentator noted that an inclusion as receiving a distribution of PTI from proposed regulations generally defined under the 1991 proposed regulations the appropriate foreign corporation. The ‘‘all earnings and profits amount’’ as the could yield a different result from an purpose of this provision was to ensure allocable share of net positive earnings inclusion under section 1248 because that exchange gain or loss under section and profits accrued by a foreign section 1248 treats a corporation as 986(c) is subject to current inclusion corporation during a shareholder’s having paid the section 1248 amount when the earnings of the foreign holding period. The 1991 proposed directly to an exchanging shareholder corporation are no longer deferred or to regulations provided that the all despite any intermediate owners. the extent a taxpayer does not retain its earnings and profits amount is A deemed dividend under section interest in PTI. determined according to the attribution 367(b) is distinguishable from a section Section 1.367(b)–2(j)(2) of the final principles of section 1248. Because the 1248 inclusion because a section 1248 regulations expands the rules regarding section 1248 attribution rules inclusion is not treated as a dividend at the treatment of exchange gain or loss incorporate the section 1223 holding the corporate level. Thus, a corporation on PTI under section 986(c). An period rules, commentators were does not reduce its earnings and profits exchanging shareholder that is a U.S. concerned that the definition of all with regard to an inclusion under person is required to recognize its earnings and profits amount section 1248. Instead, the shareholder- section 986(c) gain or loss to the extent inappropriately included earnings and level inclusion is considered eligible to that deferral has ended with respect to

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Accordingly, the final various attributes of the foreign acquired corporation). A different rule applies regulations retain the rule in the 1991 corporation (such as basis in its assets) when a U.S. person indirectly holds proposed regulations that the same to be reduced (attribute reduction (through a foreign exchanging country dividend exception does not regime) to the extent the all earnings shareholder) its interest in the foreign apply to an exchanging shareholder that and profits amount exceeds an corporation with regard to which the is a CFC. exchanging shareholder’s stock gain. PTI inclusion is measured. In that case, The 1991 proposed regulations However, the taxable exchange the indirect U.S. shareholder does not generally required the recognition of election in the 1991 proposed recognize section 986(c) gain or loss at exchange gain (or loss) to the extent that regulations had other shortcomings. The the time of the section 367(b) exchange. an exchanging shareholder’s capital election added substantial complexity to In order to preserve such section 986(c) account in a foreign acquired the regulations by requiring timely gain or loss for future inclusion by the corporation appreciated (or depreciated) coordination between electing indirect U.S. shareholder, the foreign as a result of changes in currency shareholders and the acquiring exchanging shareholder is treated as exchange rates. Such gain (or loss) is corporation to carry out the required having received a distribution of the reflected in the basis of assets when attribute reductions. In addition, the PTI. translated at the spot rate. The preamble attribute reduction regime can be unfair Other rules under sections 985 to the 1991 proposed regulations invited in situations involving more than one through 989, such as the branch comments regarding the calculation of exchanging U.S. shareholder. For termination rules, may also apply to the such exchange gain (or loss), example, consider an inbound C, D, or transaction. particularly in cases when a shareholder F reorganization involving two U.S. acquired the foreign corporate stock by C. § 1.367(b)–3: Repatriation of Foreign shareholders of the foreign acquired purchase rather than in connection with Corporate Assets in Certain corporation, one that makes the taxable the corporation’s formation. None of the Nonrecognition Transactions exchange election (because its gain on comments suggested a method for the stock is less than its all earnings and Section 1.367(b)–3 provides rules determining and tracking shareholder profits amount) and one that does not. with respect to inbound nonrecognition capital accounts. Most comments In connection with the electing transactions. focused on the potential complexity and shareholder’s taxable exchange election, compliance burdens created by the rule. 1. § 1.367(b)–3(b): Exchanges of Stock the 1991 proposed regulations required After considering the administrability a proportionate reduction in certain tax Section 1.367(b)–3(b) of the 1991 issues associated with the exchange gain attributes of the foreign acquired proposed regulations generally provided (or loss) calculation, the final corporation. This reduction effectively that if an exchanging shareholder is regulations do not adopt the provision allowed the electing shareholder to either (i) a 10 percent U.S. shareholder requiring the recognition of exchange of the foreign acquired corporation or gain (or loss) on a shareholder’s capital transfer to the acquiring corporation the (ii) a foreign corporation with respect to account. However, the final regulations burden created by its decision not to which a U.S. person is either a section reserve the issue for further include in income its full all earnings 1248 shareholder or a domestic consideration. and profits amount and, thereby, to corporation that meets the stock Sections 7.367(b)–5(b) and 7.367(b)– effectively shift a portion of this burden ownership requirements of section 902, 7(c)(2)(ii) of the 1977 regulations, and to the non-electing shareholder (that has the shareholder must include in income § 1.367(b)–3(b)(2)(iii) of the 1991 already paid U.S. tax on its full share of as a deemed dividend the all earnings proposed regulations provided an the foreign corporation’s earnings and and profits amount attributable to its exchanging shareholder with an profits). stock in the foreign acquired opportunity to recognize the gain (but Finally, a taxable exchange election is corporation. The final regulations not the loss) that it realizes in the not required by the statute. Section generally retain this rule. However, in exchange (taxable exchange election), 367(b) directs the Secretary to prescribe order to provide greater consistency rather than including the all earnings regulations that provide the necessary or among its various ownership thresholds, and profits amount in income as a appropriate tax consequences that the final regulations revise § 1.367(b)– deemed dividend. This taxable should accompany the application of 3(b)(ii) so that § 1.367(b)–3(b) applies to exchange election, however, is the Subchapter C provisions to a foreign corporation with respect to inconsistent with the policies of section transactions involving foreign which there is, in general, a 10 percent 367(b) that apply to inbound corporations. Section 367(b)(2) U.S. shareholder. transactions. These policies, as specifically provides that the section The 1991 proposed regulations previously discussed, are unrelated to 367(b) regulations may include the provided that the same country an exchanging shareholder’s outside circumstances under which ‘‘gain shall dividend exception in section gain on its stock. be recognized currently or amounts 954(c)(3)(A)(i) does not apply to an Moreover, when the all earnings and included in gross income currently as a exchanging shareholder that is a CFC. profits amount exceeds a shareholder’s dividend, or both * * *.’’ Thus, the Commentators criticized this rule, gain on its stock, merely limiting the statute authorizes the IRS and Treasury stating that a deemed dividend under shareholder’s inclusion to its outside to require an inclusion of amounts, as section 367(b) should not be treated stock gain creates the potential for the distinct from gain. As previously more harshly than an actual dividend duplication and importation of losses. discussed, the all earnings and profits and that taxpayers can circumvent this See TAM 9003005 (September 28, 1989) amount appropriately measures an rule by having a lower-tier foreign (interpreting the 1977 regulations) exchanging shareholder’s income

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However, in order to so that the corporation can properly to-foreign nonrecognition transactions. provide taxpayers an opportunity to reduce its earnings and profits. Electing In general, if the exchange in such a comment on this change to the 1977 small shareholders must also comply transaction results in a section 1248 regulations and the 1991 proposed with the section 367(b) notice shareholder of the foreign acquired regulations, the IRS and Treasury are requirement. A less extensive section corporation losing its section 1248 concurrently issuing temporary and 367(b) notice procedure is available if shareholder status, § 1.367(b)–4(b) proposed regulations that provide the the foreign acquired corporation has required the exchanging shareholder to taxable exchange election in modified never had earnings and profits that currently include its section 1248 form. This election permits an would result in any shareholder having amount in income as a deemed exchanging shareholder to elect to treat an all earnings and profits amount. a transaction as a taxable exchange, but Commentators also requested an dividend. The 1991 proposed modifies the attribute reduction regime election that would permit a domestic regulations generally did not require an by limiting its application to a section acquiring corporation to include in income inclusion in circumstances 332 liquidation or to an inbound asset income the all earnings and profits when a section 1248 shareholder retains reorganization in which the foreign amounts on behalf of the foreign its status. In the case of a lower-tier acquired corporation is wholly owned acquired corporation’s small transaction (where the exchanging (directly or indirectly) by one U.S. shareholders. The final regulations do shareholder is a foreign corporation), person. This limited application of the not adopt this suggestion because of its the section 1248 amount was not attribute reduction regime eliminates substantial administrative difficulties. included as foreign personal holding the potentially unfair results that can For example, it is unlikely that a company income (FPHCI) under section arise when attributes are reduced in a publicly traded foreign corporation (or 954(c). This provision permitted transaction involving multiple its domestic acquirer) could ascertain deferral of the section 1248 amount by exchanging shareholders. This also each small shareholder’s correct holding preserving such earnings and profits as reduces (although does not eliminate) period in the stock of the foreign earnings of the foreign corporation that the potential for the duplication and acquired corporation, which would be is the exchanging shareholder. The final importation of losses that can arise in necessary to properly determine such a regulations retain these general rules. the absence of attribute reduction. The cumulative all earnings and profits 1. § 1.367(b)–4(b): Recognition of temporary regulation is effective for one amount inclusion. Income year from the effective date of the final The final regulations also include a regulations. new de minimis exception, which Section 1.367(b)–4(b) of the 1991 applies to small shareholders whose proposed regulations provided an 2. § 1.367(b)–3(c): Exchanges of Stock by stock in the foreign acquired exception to its general rule if an Other U.S. Persons corporation has a fair market value exchanging shareholder receives stock Section 1.367(b)–3(c) of the 1991 below $50,000 on the date of the of a domestic corporation. This proposed regulations provided a special exchange. These shareholders are not provision, which the 1991 proposed rule for U.S. persons that are not subject required to include gain or a deemed regulations included in response to a to the § 1.367(b)–3(b) requirement to dividend under the section 367(b) criticism of the 1977 regulations, was include in income the all earnings and regulations. intended to provide relief in cases when profits amount (generally, shareholders a domestic acquiring corporation issues owning less than 10 percent of the 3. § 1.367(b)–3(d): Carryover of Certain its own stock in exchange for CFC stock foreign acquired corporation, hereinafter Attributes and succeeds to the section 1248 small shareholders). The 1991 proposed Section 1.367(b)–3(d) of the 1991 amount allocable to the transferor U.S. regulations required these small proposed regulations clarified that a shareholder. Because § 1.367(b)–4(a) of shareholders to recognize the gain on domestic acquiring corporation may the 1991 proposed regulations already their stock in the foreign acquired succeed to foreign taxes paid or accrued limited the application of § 1.367(b)–4 corporation. This rule was included by a foreign acquired corporation that to an acquisition by a foreign because of administrative concerns, are eligible for credit under section 906. corporation, such relief was since small shareholders may not have A domestic acquiring corporation may unnecessary. sufficient information to calculate their not succeed to any other foreign taxes Moreover, the provision inadvertently all earnings and profits amounts. In paid or accrued by a foreign acquired did not require an inclusion of a section addition, a foreign acquired corporation corporation because the earnings that 1248 amount that may not be preserved may not have adequate information carry over to a domestic acquiring immediately after the exchange. This about its small shareholders’ inclusions corporation (other than earnings related could occur, for example, if a foreign to properly adjust its earnings and to the taxes eligible for credit under acquiring corporation uses the stock of profits for the deemed dividends that section 906) are not subject to double its domestic parent corporation to would arise in these situations. taxation at the corporate level. This rule acquire the stock or assets of a foreign Commentators requested that the final is consistent with the general policy of target corporation from a section 1248 regulations provide small shareholders section 367(b) to permit the carryover of shareholder. Accordingly, the final the option of including in income the all corporate tax attributes only when regulations do not adopt the 1991 earnings and profits amount, rather than appropriate. The final regulations retain proposed regulations’ provision recognizing the gain on their stock. In the rules of § 1.367(b)–3(d), and add an regarding receipt of stock of a domestic response, the final regulations include example that illustrates their corporation in a transaction described in such an election, provided that a small application. § 1.367(b)–4.

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2. § 1.367(b)–4(d): Special Rule for distributee is presumed to be an stock of the distributing and controlled Applying Section 1248 to Subsequent individual except to the extent that the corporations that exceeds its Exchanges distributing corporation certifies that predistribution built-in gain. As a result, The 1998 regulations revised the rules the distributee is not an individual. commentators requested that a of the 1991 proposed regulations However, a publicly traded distributing reduction in the basis in one of the regarding the application of section corporation may use a reasonable corporations give rise to a 367(b) and section 1248 to exchanges analysis with respect to distributees that corresponding increase in the basis of that follow a § 1.367(b)–4 exchange in are not five percent shareholders of the stock of the other corporation. In which an exchanging shareholder is not publicly traded stock to demonstrate the response, § 1.367(b)–5(c)(4) of the final required to include a section 1248 number of distributees that are not regulations provides a basis amount in income. Because of the individuals. A reasonable analysis redistribution rule, under which the limited scope of the 1998 regulations, its includes a determination of the actual basis of the stock of the distributing or rule only addressed the application of number of distributees that are not controlled corporation (as applicable) is section 367(b) and section 1248 individuals or a reasonable statistical increased by the amount of the required following a stock transfer by a direct analysis of shareholder records and decrease in basis in the other stock U.S. shareholder. The final regulations other relevant information. Section under § 1.367(b)–5(c)(2). However, basis incorporate the principles of the 1998 1.367(b)–2(k) (§ 1.367(b)–2(l) of the 1991 cannot be increased above the fair regulations and expand their proposed regulations) has also been market value of the stock and also application to the class of transactions amended to adopt the look-through cannot be increased to the extent the subject to § 1.367(b)–4, including asset provisions provided in § 1.367(e)– increase diminishes the postdistribution transfers and transactions in which the 1(b)(2) for purposes of determining the section 1248 amount with respect to exchanging shareholder is a foreign identity of distributees when the such stock. This basis redistribution corporation. The final regulations also domestic distributing corporation stock rule also applies with regard to deemed address the interaction of these rules is held by a partnership, trust or estate. dividend inclusions under § 1.367(b)– 5(c)(2). An example in the final with section 964(e), by providing the 2. § 1.367(b)–5(c): Pro Rata Distribution regulations illustrates the application of extent to which they apply to by a CFC subsequent section 964(e) sales and these new rules. Section 1.367(b)–5(c) of the 1991 exchanges. Two new examples in the proposed regulations provided that, 3. § 1.367(b)–5(d): Non-Pro Rata final regulations, as well as an expanded when a CFC distributes stock of a Distribution by Controlled Foreign restatement of the example provided in controlled corporation on a pro rata Corporation the 1998 regulations, illustrate the basis in a section 355 transaction, a Section 1.367(b)–5(d) of the 1991 application of these rules. distributee must reduce its post- proposed regulations provided that, if a Commentators also requested that the distribution basis in either the CFC distributes controlled corporation IRS and Treasury clarify the carryover of distributing or controlled corporation stock on a non-pro rata basis, each earnings and profits and tax accounts in stock to the extent its section 1248 distributee must include in income the transactions where an exchanging amount attributable to such corporation amount of any reduction in its section shareholder is not required to include a is reduced as a result of the distribution. 1248 amount with regard to either the section 1248 amount, as well as the To the extent the reduction of the distributing or controlled corporation. application of section 902 to section 1248 amount exceeds the stock For this purpose, the 1991 proposed distributions by a foreign acquiring basis, the distributee must include the regulations treated a shareholder of the corporation after such a section 367(b) difference in income as a deemed distributing corporation that does not exchange. The IRS and Treasury will dividend. The final regulations retain exchange stock in the distributing address these issues in forthcoming this general rule, subject to the corporation for stock in the controlled proposed regulations. following refinements. corporation (non-participating E. § 1.367(b)–5: Distributions of Stock The final regulations add new shareholder) as a distributee. Described in Section 355 § 1.367(b)–5(c)(3), which provides that The 1991 proposed regulations the basis adjustment provided in provided that a non-participating 1. § 1.367(b)–5(b): Distribution by a § 1.367(b)–2(e)(3)(ii) shall not apply if a shareholder may make an election Domestic Corporation deemed dividend is included in income (taxable distribution election), under Section 1.367(b)–5(b) of the 1991 pursuant to § 1.367(b)–5(c). Under which the distributing and controlled proposed regulations generally provided § 1.367(b)–2(e)(3)(ii), a shareholder’s corporations are not treated as that a domestic corporation must basis is increased by the amount of a corporations for purposes of gain (but recognize gain on a section 355 deemed dividend inclusion. In the not loss) recognition by all persons distribution of foreign stock to context of a § 1.367(b)–5(c) inclusion, affected by the taxable status of the individuals. The final regulations retain the § 1.367(b)–2(e)(3)(ii) basis increase transaction. The preamble to the 1991 this general rule, consistent with the would undermine the purpose of the proposed regulations invited comments recently promulgated final regulations section 367(b) regulations, because the as to whether the benefits of the taxable under section 367(e) (governing a basis increase would correspondingly distribution election to non- section 355 distribution by a domestic decrease the shareholder’s built-in gain, participating shareholders are corporation of foreign stock to foreign thereby reducing the section 1248 outweighed by the potential adverse persons). amount that is intended to be preserved effects on the other shareholders. Commentators requested that the final after the transaction. In response, commentators uniformly regulations clarify the proper method Furthermore, some taxpayers criticized the taxable distribution for determining whether a distributee is commented that the § 1.367(b)–5(c)(2) election. They argued that the election an individual. The same issue arises basis reduction can lead to the creation was inequitable because it enabled a under section 367(e), and the final of phantom gain; that is, it can leave a non-participating shareholder (who may regulations adopt the approach of the shareholder with a cumulative amount be a small shareholder) to unilaterally section 367(e) regulations. Thus, a of post-distribution built-in gain in the and retroactively invalidate the section

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355 transaction for all parties involved. the deemed dividend generally would regulations. In connection with the Commentators also pointed out that the be subpart F income and currently finalization of these regulations, the taxable distribution election could includible in income by a U.S. 1977 regulations (other than § 7.367(b)– distort the economic incentives in cross- shareholder of the exchanging foreign 12) and the section 367(b) provisions border restructurings by requiring corporation. As in the case of a lower- contained in the 1998 regulations are participating shareholders to consider tier foreign-to-foreign transaction removed. Section 7.367(b)–12 is identifying and making contractual described in § 1.367(b)–4, the potential retained to address distributions with arrangements (which could include application of section 1248 can be respect to (or a disposition of) stock that monetary arrangements) with each non- preserved by excluding the deemed was subject to certain provisions of the participating shareholder in order to dividend from FPHCI. Thus, the final 1977 regulations in effect prior to prevent them from electing to invalidate regulations adopt the suggestion and February 23, 2000. the section 355 transaction. provide that a § 1.367(b)–5(c) or (d) Commentators thus argued in favor of deemed dividend inclusion by a foreign Special Analyses not adopting the taxable distribution corporation is not included in FPHCI It has been determined that this election in the final regulations. under section 954(c). Treasury decision is not a significant The taxable distribution election is regulatory action as defined in also not required by the statute. Section 5. 1991 Proposed Regulation § 1.367(b)– Executive Order 12866. Therefore, a 367(b) directs the Secretary to prescribe 5(f): Adjustments to Earnings and Profits regulatory assessment is not required. It regulations that provide the necessary or Section 1.367(b)–5(f) of the 1991 also has been determined that section appropriate tax consequences that proposed regulations provided rules 553(b) of the Administrative Procedure should accompany the application of regarding the allocation of earnings and Act (5 U.S.C. chapter 5) does not apply the Subchapter C provisions to profits of a foreign transferor to these regulations, and because the transactions involving foreign corporation in connection with a section notice of proposed rulemaking corporations. Section 367(b)(2) 355 distribution. After further preceding the regulations was issued specifically provides that the section consideration, the IRS and Treasury prior to March 29, 1996, the Regulatory 367(b) regulations ‘‘shall include (but have not included § 1.367(b)–5(f) of the Flexibility Act (5 U.S.C. chapter 6) does shall not be limited to) regulations 1991 proposed regulations in the final not apply. dealing with the sale or exchange of regulations. Forthcoming proposed Pursuant to section 7805(f) of the stock or securities in a foreign regulations will more fully consider the Code, the notice of proposed rulemaking corporation by a U.S. person. * * *’’ allocation of earnings and profits in preceding these regulations was Accordingly, the section 367(b) section 355 distributions where either submitted to the Chief Counsel for regulations may address the tax (or both) the distributing or controlled Advocacy of the Small Business consequences of a non-pro rata corporation is a foreign corporation. Administration for comment on the distribution to both participating and F. § 1.367(b)–6: Effective Date impact of the proposed regulations on non-participating shareholders. In both small business. cases, the diminution in a shareholder’s The final regulations apply to section Drafting Information. The principal potential section 1248 amount following 367(b) exchanges that occur on or after author of these regulations is Mark a section 355 transaction appropriately February 23, 2000. The preamble to the Harris of the Office of Associate Chief measures the shareholder’s inclusion 1991 proposed regulations solicited Counsel (International). However, other with regard to a section 355 transaction comments on whether the final personnel from the IRS and Treasury involving a distributing corporation that regulations should provide an election Department participated in their is a controlled foreign corporation. to apply the regulations retroactively to development. Differing results depending on whether exchanges that occur on or after August a shareholder is a participating 26, 1991 (the date the 1991 proposed List of Subjects shareholder or a non-participating regulations were published in the 26 CFR Parts 1 and 7 Federal Register). Given the length of shareholder can also be viewed as Income taxes, Reporting and time that has elapsed since the issuance artificial, given that the distinction is recordkeeping requirements. often merely a function of alternative of the 1991 proposed regulations, the planning strategies. IRS and Treasury do not believe that 26 CFR Part 602 In light of all of the above such an election would be appropriate. Reporting and recordkeeping considerations, the final regulations do This determination is consistent with requirements. not adopt the taxable distribution the 1998 revision to § 1.367(b)–2(d) of election. As a result, all shareholders of the 1991 proposed regulations, which Adoption of Amendments to the a CFC that distributes stock on a non- deleted the proposed special retroactive Regulations pro rata basis must include in income effective date for the definition of the all Accordingly, 26 CFR parts 1, 7, and the amount of any reduction in their earnings and profits amount. A taxpayer 602 are amended as follows: section 1248 amount with respect to may, however, elect to apply the final either the distributing or controlled regulations to section 367(b) exchanges PART 1ÐINCOME TAXES corporation. that occur (or occurred) before February 23, 2000, if the due date for the Paragraph 1. The authority citation 4. Final Regulation § 1.367(b)–5(f): taxpayer’s timely filed Federal tax for part 1 is amended by revising the Exclusion of Deemed Dividend From return (including extensions) for the entry for § 1.367(b)–2 and by adding FPHCI taxable year in which the section 367(b) entries in numerical order to read in Commentators noted that the 1991 exchange occurs (or occurred) is after part as follows: proposed regulations did not February 23, 2000. Authority: 26 U.S.C. 7805 * * * automatically exclude a § 1.367(b)–5(c) Removed Provisions Section 1.367(b)–2 also issued under 26 or (d) deemed dividend inclusion by an U.S.C. 367(a) and (b). exchanging foreign corporate These regulations finalize Section 1.367(b)–3 also issued under 26 shareholder from FPHCI. Accordingly, substantially all of the 1991 proposed U.S.C. 367(a) and (b). * * *

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Section 1.367(b)–5 also issued under 26 (1) Rule. (4) De minimis exception. U.S.C. 367(a) and (b). (2) Examples. (5) Examples. Section 1.367(b)–6 also issued under 26 (d) All earnings and profits amount. (d) Carryover of certain foreign taxes. U.S.C. 367(a) and (b). * * * (1) General rule. (1) Rule. (2) Rules for determining earnings and (2) Example. Par. 2. Section 1.367(a)–3 is amended profits. as follows: (i) Domestic rules generally applicable. § 1.367(b)–4 Acquisition of foreign corporate stock or assets by a foreign 1. Paragraph (d)(3) Example 11, (ii) Certain adjustments to earnings and profits. corporation in certain nonrecognition paragraph (ii), the third sentence, the transactions. reference ‘‘§ 7.367(b)–7(c)(1)(i) of this (iii) Effect of section 332 liquidating distribution. (a) Scope. chapter’’ is removed and ‘‘§ 1.367(b)– (3) Amount attributable to a block of stock. (b) Income inclusion. 4(b)’’ is added in its place. (i) Application of section 1248 principles. (1) Exchange that results in loss of status as 2. Paragraph (d)(3) Example 11A, (A) In general. section 1248 shareholder. paragraph (ii), the second, third and (1) Rule. (i) Rule. fourth sentences are removed and a (2) Example. (ii) Examples. sentence is added in their place. (B) Foreign shareholders. (2) Receipt by exchanging shareholder of (ii) Limitation on amounts attributable to preferred or other stock in certain 3. Paragraph (e)(2), in the third, holding periods determined under instances. fourth, and fifth sentences, the section 1223. (i) Rule. parenthetical ‘‘(as in effect before (A) Rule. (ii) Examples. February 23, 2000; see 26 CFR part 1, (B) Example. (3) Certain recapitalizations. revised as of April 1, 1999)’’ is added (iii) Exclusion of lower-tier earnings. (c) Exclusion of deemed dividend from immediately after ‘‘§ 7.367(b)–7 of this (e) Treatment of deemed dividends. foreign personal holding company (1) In general. income. chapter’’ each place it appears. (2) Consequences of dividend (1) Rule. 4. Paragraph (g)(2)(iv), the characterization. (2) Example. parenthetical ‘‘(as in effect before (3) Ordering rules. (d) Rules for subsequent exchanges. February 23, 2000; see 26 CFR part 1, (4) Examples. (1) In general. revised April 1, 1999)’’ is added (f) Deemed asset transfer and closing of (2) Subsequent dispositions by a foreign immediately after ‘‘7.367(b)–2(b) of this taxable year in certain section acquiring corporation. 368(a)(1)(F) reorganizations. (3) Examples. chapter.’’ (1) Scope. The revisions read as follows: (2) Deemed asset transfer. § 1.367(b)–5 Distributions of stock described (3) Other applicable rules. in section 355. § 1.367(a)±3 Treatment of transfers of (4) Closing of taxable year. (a) In general. stock or securities to foreign corporations. (g) Stapled stock under section 269B. (1) Scope. * * * * * (h) Section 953(d) domestication elections. (2) Treatment of distributees as exchanging (d) * * * (1) Effect of election. shareholders. (3) * * * (2) Post-election exchanges. (b) Distribution by a domestic corporation. Example 11A. *** (i) Section 1504(d) elections. (1) General rule. (j) Sections 985 through 989. (2) Section 367(e) transactions. (ii) Result. * * * Assuming (1) Change in functional currency of a (3) Determining whether distributees are § 1.367(b)–4(b) does not apply, there is qualified business unit. individuals. no income inclusion under section (i) Rule. (4) Applicable cross-references. 367(b), and the amount of the gain (ii) Example. (c) Pro rata distribution by a controlled recognition agreement is $50. (2) Previously taxed earnings and profits. foreign corporation. Par. 3. Section 1.367(b)–0 is added to (i) Exchanging shareholder that is a United (1) Scope. read as follows: States person. (2) Adjustment to basis in stock and income (ii) Exchanging shareholder that is a foreign inclusion. § 1.367(b)±0 Table of contents. corporation. (3) Interaction with § 1.367(b)–2(e)(3)(ii). (3) Other rules. (4) Basis redistribution. This section lists the paragraphs (k) Partnerships, trusts and estates. (d) Non-pro rata distribution by a controlled contained in §§ 1.367(b)–0 through foreign corporation. 1.367(b)–6. § 1.367(b)–3 Repatriation of foreign (1) Scope. corporate assets in certain nonrecognition (2) Treatment of certain shareholders as § 1.367(b)–1 Other transfers. transactions. distributees. (a) Scope. (a) Scope. (3) Inclusion of excess section 1248 amount (b) General rules. (b) Exchange of stock owned directly by a by exchanging shareholder. (1) Rules. United States shareholder or by certain (4) Interaction with § 1.367(b)–2(e)(3)(ii). (2) Example. foreign corporate shareholders. (i) Limited application. (c) Notice required. (1) Scope. (ii) Interaction with predistribution amount. (1) In general. (2) United States shareholder. (e) Definitions. (2) Persons subject to section 367(b) notice. (3) Income inclusion. (1) Predistribution amount. (3) Time and manner for filing notice. (i) Inclusion of all earnings and profits (2) Postdistribution amount. (i) United States persons described in amount. (f) Exclusion of deemed dividend from § 1.367(b)–1(c)(2). (ii) Examples. foreign personal holding company (ii) Foreign corporations described in (iii)Recognition of exchange gain or loss with income. § 1.367(b)–1(c)(2). respect to capital [reserved]. (g) Examples. (4) Information required. (4) [Reserved]. (5) Abbreviated notice provision. (c) Exchange of stock owned by a United § 1.367(b)–6 Effective dates and (6) Supplemental published guidance. States person that is not a United States coordination rules. shareholder. (a) Effective date. § 1.367(b)–2 Definitions and special rules. (1) Scope. (1) In general. (a) Controlled foreign corporation. (2) Requirement to recognize gain. (2) Exception. (b) Section 1248 shareholder. (3) Election to include all earnings and (b) Certain recapitalizations described in (c) Section 1248 amount. profits amount. § 1.367(b)–4(b)(3).

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(c) Use of reasonable method to comply with § 1.367(b)–2(k), permits FC’s liquidation to With Respect To Certain Foreign prior published guidance. qualify as a liquidation described in section Corporations), the section 367(b) notice (1) Prior exchanges. 332. must be attached to the Form 5471. The (2) Future exchanges. (c) Notice Required—(1) In general. A following persons are listed in this (d) Effect of removal of attribution rules. notice under this paragraph (c) (section paragraph (c)(3)(ii)— Par. 4. Sections 1.367(b)–1 and 367(b) notice) must be filed with regard (A) United States shareholders (as 1.367(b)–2 are revised to read as to any person described in paragraph defined in § 1.367(b)–3(b)(2)) of foreign follows: (c)(2) of this section. A section 367(b) corporations described in paragraph notice must be filed in the time and (c)(2)(i) of this section; and § 1.367(b)±1 Other transfers. manner described in paragraph (c)(3) of (B) Section 1248 shareholders of (a) Scope. The regulations this section and must include the foreign corporations described in promulgated under section 367(b) (the information described in paragraph paragraph (c)(2)(iii) or (iv) of this section 367(b) regulations) set forth (c)(4) of this section. section. rules regarding the proper inclusions (2) Persons subject to section 367(b) (4) Information required. Except as and adjustments that must be made as notice. The following persons are provided in paragraph (c)(5) of this a result of an exchange described in described in this paragraph (c)(2)— section, a section 367(b) notice shall section 367(b) (a section 367(b) (i) A shareholder described in include the following information— exchange). A section 367(b) exchange is § 1.367(b)–3(b)(1) that realizes income (i) A statement that the exchange is a any exchange described in section 332, in a transaction described in § 1.367(b)– section 367(b) exchange; 351, 354, 355, 356 or 361, with respect 3(a); (ii) A complete description of the to which the status of a foreign (ii) A shareholder that makes the exchange; corporation as a corporation is relevant election described in § 1.367(b)–3(c)(3); (iii) A description of any stock, for determining the extent to which (iii) A shareholder described in securities or other consideration income shall be recognized or for § 1.367(b)–4(b)(1)(i)(A)(1) or (2) that transferred or received in the exchange; determining the effect of the transaction realizes income in a transaction (iv) A statement that describes any on earnings and profits, basis of stock or described in § 1.367(b)–4(a); and amount required, under the section securities, basis of assets, or other (iv) A shareholder that realizes 367(b) regulations, to be taken into relevant tax attributes. Notwithstanding income in a transaction described in account as income or loss or as an the preceding sentence, a section 367(b) § 1.367(b)–5(c) or 1.367(b)–5(d) and that adjustment to basis, earnings and exchange does not include a transfer to is either— profits, or other tax attributes as a result the extent the foreign corporation fails (A) A section 1248 shareholder of the of the exchange; to be treated as a corporation by reason distributing or controlled corporation; (v) Any information that is or would of section 367(a)(1). See § 1.367(a)– or be required to be furnished with a (B) A foreign corporation with one or 3(b)(2)(ii) for an illustration of the Federal income tax return pursuant to more shareholders that are described in interaction of section 367(a) and (b). regulations under section 332, 351, 354, paragraph (c)(2)(iv)(A) of this section. (b) General rules—(1) Rules. The 355, 356, 361 or 368 (whether or not a (3) Time and manner for filing Federal income tax return is required to following general rules apply under the notice—(i) United States persons section 367(b) regulations— be filed), if such information has not described in § 1.367(b)–1(c)(2). A United otherwise been provided by the person (i) A foreign corporation in a section States person described in paragraph 367(b) exchange is considered to be a filing the section 367(b) notice; (c)(2) of this section must file a section (vi) Any information required to be corporation and, as a result, all of the 367(b) notice attached to a timely filed related provisions (e.g., section 381) furnished with respect to the exchange Federal tax return (including under sections 6038, 6038A, 6038B, shall apply, except to the extent extensions) for the person’s taxable year provided in the section 367(b) 6038C or 6046, or the regulations under in which income is realized in the those sections, if such information has regulations; and section 367(b) exchange. In the case of (ii) Nothing in the section 367(b) not otherwise been provided by the a shareholder that makes the election person filing the section 367(b) notice; regulations shall permit— described in § 1.367(b)–3(c)(3), (A) The nonrecognition of income that and notification of such election must be would otherwise be required to be (vii) If applicable, a statement that the sent to the foreign acquired corporation recognized under another provision of shareholder is making the election (or its successor in interest) on or before the Internal Revenue Code or the described in § 1.367(b)–3(c)(3). This the date the section 367(b) notice is regulations thereunder; or statement must include— filed, so that appropriate corresponding (A) A copy of the information the (B) The recognition of a loss or adjustments can be made in accordance shareholder received from the foreign deduction that would otherwise not be with the rules of § 1.367(b)–2(e). acquired corporation (or its successor in recognized under another provision of (ii) Foreign corporations described in interest) establishing and substantiating the Internal Revenue Code or the § 1.367(b)–1(c)(2). Each United States the shareholder’s all earnings and regulations thereunder. person listed in this paragraph (c)(3)(ii) profits amount with respect to the (2) Example. The following example must file a section 367(b) notice with shareholder’s stock in the foreign illustrates the rules of this paragraph (b): regard to a foreign corporation described acquired corporation; and Example—(i) Facts. DC, a domestic in paragraph (c)(2) of this section. Such (B) A representation that the corporation, owns 90 percent of P, a notice must be attached to a timely filed shareholder has notified the foreign partnership. The remaining 10 percent of P Federal tax return (including acquired corporation (or its successor in is owned by a person unrelated to DC. P extensions) for the United States interest) that the shareholder is making owns all of the outstanding stock of FC, a controlled foreign corporation. FC liquidates person’s taxable year in which income the election described in § 1.367(b)– into P. is realized in the section 367(b) 3(c)(3). (ii) Result. FC’s liquidation is not a exchange and, if the United States (5) Abbreviated notice provision. In transaction described in section 332. Nothing person is required to file a Form 5471 the case of a foreign acquired in the section 367(b) regulations, including (Information Return of U.S. Persons corporation that has never had earnings

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DC has always owned all of (1) General rule. The term all earnings that includes— the stock of FC1, and FC1 has always owned and profits amount with respect to stock (i) A statement from the foreign all of the stock of FC2. in a foreign corporation means the net (ii) Result. Under this paragraph (c), DC’s positive earnings and profits (if any) acquired corporation (or its successor in section 1248 amount with respect to its FC1 interest) that the foreign acquired determined as provided under stock is computed by reference to all of FC1’s paragraph (d)(2) of this section and corporation has never had any earnings and FC2’s earnings and profits. See section and profits that would result in any 1248(c)(2). Because FC1’s section 1248 attributable to such stock as provided shareholder having an all earnings and shareholder (DC) always indirectly held all of under paragraph (d)(3) of this section. profits amount; and the stock of FC2, FC1’s section 1248 amount The all earnings and profits amount (ii) The information described in with respect to its FC2 stock is computed by shall be determined without regard to paragraphs (c)(4) (i) through (iii) of this reference to all of FC2’s earnings and profits. the amount of gain that would be section. Example 2—(i) Facts. DC, a domestic realized on a sale or exchange of the (6) Supplemental published guidance. corporation, owns 40 percent of the stock of the foreign corporation. outstanding stock of FC1, a foreign The section 367(b) notice requirements (2) Rules for determining earnings corporation. The other 60 percent of FC1 and profits—(i) Domestic rules generally may be updated or amended by revenue stock is owned (directly and indirectly) by procedure or other published guidance. foreign persons that are unrelated to DC. FC1 applicable. For purposes of this owns all of the outstanding stock of FC2, a paragraph (d), except as provided in § 1.367(b)±2 Definitions and special rules. foreign corporation. On January 1, 2001, DC sections 312(k)(4) and (n)(8), 964 and (a) Controlled foreign corporation. purchases the remaining 60 percent of FC1 986, the earnings and profits of a foreign The term controlled foreign corporation stock. corporation for any taxable year shall be means a controlled foreign corporation (ii) Result. Under this paragraph (c), DC’s determined according to principles as defined in section 957 (taking into section 1248 amount with respect to its FC1 substantially similar to those applicable account section 953(c)). stock is computed by reference to FC1’s and to domestic corporations. (b) Section 1248 shareholder. The FC2’s earnings and profits that accumulated (ii) Certain adjustments to earnings on or after January 1, 2001, the date FC1 and and profits. Notwithstanding paragraph term section 1248 shareholder means FC2 became controlled foreign corporations any United States person that satisfies (CFCs). See section 1248(a). Because FC1 is (d)(2)(i) of this section, for purposes of the ownership requirements of section not considered a United States person for this paragraph (d), the earnings and 1248 (a)(2) or (c)(2) with respect to a purposes of determining whether FC2 is a profits of a foreign corporation for any foreign corporation. CFC, FC1’s section 1248 amount with respect taxable year shall not include the (c) Section 1248 amount—(1) Rule. to its FC2 stock is computed by reference to amounts specified in section 1248(d). In The term section 1248 amount with FC2’s earnings and profits that accumulated the case of amounts specified in section respect to stock in a foreign corporation on or after January 1, 2001, the date FC2 1248(d)(4), the preceding sentence means the net positive earnings and became an actual CFC. requires that the earnings and profits for Example 3—(i) Facts. FC1, a foreign profits (if any) that would have been corporation, owns all of the outstanding any taxable year be decreased by the net attributable to such stock and includible stock of FC2, a foreign corporation. DC is a positive amount (if any) of earnings and in income as a dividend under section domestic corporation that is unrelated to profits attributable to activities 1248 and the regulations thereunder if FC1, FC2, and their direct and indirect described in section 1248(d)(4), and the stock were sold by the shareholder. owners. On January 1, 2001, DC purchases all increased by the net reduction (if any) In the case of a transaction in which the of the outstanding stock of FC1. in earnings and profits attributable to shareholder is a foreign corporation (ii) Result. Under this paragraph (c), DC’s activities described in section (foreign shareholder), the following section 1248 amount with respect to its FC1 1248(d)(4). stock is computed by reference to FC1’s and (iii) Effect of section 332 liquidating additional rules shall apply— FC2’s earnings and profits that accumulated (i) The foreign shareholder shall be on or after January 1, 2001, the first day DC distribution. The all earnings and profits deemed to be a United held the stock of FC1. See section 1248(a). amount with respect to stock of a States person for purposes of this FC1’s section 1248 amount with respect to its corporation that distributes all of its paragraph (c), except that the foreign FC2 stock is computed by reference to FC2’s property in a liquidation described in shareholder shall not be considered a earnings and profits that accumulated on or section 332 shall be determined without United States person for purposes of after January 1, 2001, the first day FC1’s regard to the adjustments prescribed by determining whether the stock owned section 1248 shareholder (DC) indirectly held section 312(a) and (b) resulting from the by the foreign shareholder is stock of a the stock of FC2. distribution of such property in Example 4—(i) Facts. DC, a domestic controlled foreign corporation, and corporation, directly owns all of the liquidation, except that gain or loss (ii) The foreign shareholder’s holding outstanding stock of FC1 and FC2, controlled realized by the corporation on the period in the stock of the foreign foreign corporations. DC has always owned distribution shall be taken into account corporation shall be determined by all of the stock of FC1 and FC2. On January to the extent provided in section reference to the period that the foreign 1, 2001, DC contributes all of the stock of FC2 312(f)(1). See § 1.367(b)–3(b)(3)(ii) shareholder’s section 1248 shareholders to FC1 in a nonrecognition exchange that Example 3. held (directly or indirectly) an interest does not require an income inclusion under (3) Amount attributable to a block of in the foreign corporation. This the section 367(a) or 367(b) regulations. See stock—(i) Application of section 1248 paragraph (c)(1)(ii) applies in addition §§ 1.367(a)–8 and 1.367(b)–4. principles—(A) In general—(1) Rule. (ii) Result. Under this paragraph (c), DC’s to the section 1248 regulations’ section 1248 amount with respect to its FC1 The all earnings and profits amount incorporation of section 1223 holding stock is computed by reference to all of FC1’s with respect to stock of a foreign periods, as modified by § 1.367(b)–4(d) and FC2’s earnings and profits. See section corporation is determined according to (as applicable). 1248(c)(2). Because FC1’s section 1248 the attribution principles of section

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1248 and the regulations thereunder. Rule. In applying the attribution thereunder to determine the all earnings The attribution principles of section principles of section 1248 and the and profits amount with respect to stock 1248 shall apply without regard to the regulations thereunder to determine the of a foreign corporation, the earnings requirements of section 1248 that are all earnings and profits amount with and profits of subsidiaries of the foreign not relevant to the determination of a respect to the stock of a foreign corporation shall not be taken into shareholder’s pro rata portion of corporation, earnings and profits account notwithstanding section earnings and profits. Thus, for example, attributable to a section 1223(2) holding 1248(c)(2). the all earnings and profits amount is period that relates to a period of direct (e) Treatment of deemed dividends— determined without regard to whether ownership of the stock of the foreign (1) In general. In certain circumstances the foreign corporation was a controlled corporation by a non-United States these regulations provide that an foreign corporation at any time during person shall not be included, except to exchanging shareholder shall include an the five years preceding the section the extent of earnings and profits amount in income as a deemed 367(b) exchange in question, without attributable to a period when the stock dividend. This paragraph provides rules regard to whether the shareholder of the foreign corporation was indirectly for the treatment of the deemed owned a 10 percent or greater interest in owned by United States shareholders (as dividend. the stock, and without regard to whether defined in § 1.367(b)–3(b)(2)). (2) Consequences of dividend the earnings and profits of the foreign (B) Example. The following example characterization. A deemed dividend corporation were accumulated in post- illustrates the rules of this paragraph described in paragraph (e)(1) of this 1962 taxable years or while the (d)(3)(ii): section shall be treated as a dividend for corporation was a controlled foreign purposes of the Internal Revenue Code. Example—(i) Facts. (A) FC1 is a foreign The deemed dividend shall be corporation. corporation. The outstanding stock of FC1 is (2) Example. The following example directly owned by the following unrelated considered as paid out of the earnings illustrates the rules of this paragraph persons: 20 percent by DP, a domestic and profits with respect to which the (d)(3)(i)(A): partnership; 20 percent by DC, a domestic amount of the deemed dividend was corporation; 20 percent by FC, a foreign determined. Thus, for example, a Example—(i) Facts. On January 1, 2001, corporation that is directly and indirectly deemed dividend that is determined by DC, a domestic corporation, purchases 9 owned by foreign persons; 20 percent by FP, percent of the outstanding stock of FC, a reference to the all earnings and profits a foreign partnership that is equally owned amount or the section 1248 amount will foreign corporation. On January 1, 2002, DC by 2 partners, DI, a United States citizen, and purchases an additional 1 percent of FC never be considered as paid out of (and FI, a nonresident alien; and 20 percent by a therefore will never reduce) earnings stock. On January 1, 2003, DC exchanges its variety of minority shareholders, none of stock in FC in a section 367(b) exchange in whom owns, applying the ownership rules of and profits specified in section 1248(d), which DC is required to include the all section 958, 10 percent or more of the because such earnings and profits are earnings and profits amount in income. FC outstanding stock of FC (the small excluded in computing the all earnings was not a controlled foreign corporation shareholders). and profits amount (under paragraph during the entire period DC held its FC stock. (B) FC1 owns all of the outstanding stock (ii) Result. The all earnings and profits (d)(2)(ii) of this section) and the section of FC2, a foreign corporation that is not a amount with respect to DC’s stock in FC is 1248 amount (under section 1248(d) and controlled foreign corporation subject to the computed by reference to 9 percent of FC’s paragraph (c)(1) of this section). If the rules of section 953(c). FC2 has net positive earnings and profits from January 1, 2001, deemed dividend is determined by earnings and profits. In a reorganization through December 31, 2001, and by reference described in section 368(a)(1)(B), DA, a reference to the earnings and profits of to 10 percent of FC’s earnings and profits domestic corporation, acquires all of the a foreign corporation that is owned from January 1, 2002, through January 1, stock of FC2 from FC1 in exchange for DA indirectly (i.e., through one or more 2003. voting stock. tiers of intermediate owners) by the (B) Foreign shareholders. In the case (ii) Result. (A) Under section 1223(2), DA person that is required to include the of a transaction in which the exchanging holds the stock of FC2 with a holding period deemed dividend in income, the shareholder is a foreign corporation that includes the period that FC2 was held deemed dividend shall be considered as (foreign shareholder), the following by FC1. As a result, the rules of this having been paid by such corporation to additional rules shall apply— paragraph (d)(3)(ii) apply for purposes of such person through the intermediate (1) The attribution principles of computing DA’s all earnings and profits amount. owners, rather than directly to such section 1248 shall apply without regard (B) In applying the attribution principles of person. to whether the person directly owning section 1248, earnings and profits (3) Ordering rules. In the case of an the stock is a United States person; and attributable to a section 1223(2) holding exchange of stock in which the (2) The foreign shareholder’s holding period that refers to a period of direct exchanging shareholder is treated as period in the stock of the foreign ownership of the stock of a foreign receiving a deemed dividend from a acquired corporation shall be corporation by a non-United States person foreign corporation, the following determined by reference to the period are not included, except to the extent the ordering rules concerning the timing, that the foreign shareholder’s United stock of the foreign corporation was treatment, and effect of such a deemed States shareholders (as defined in indirectly owned by United States shareholders as defined in § 1.367(b)–3(b)(2). dividend shall apply. See also § 1.367(b)–3(b)(2)) held (directly or Accordingly, DA’s all earnings and profits paragraph (j)(2) of this section. indirectly) an interest in the foreign amount does not include the FC2 earnings (i) For purposes of the section 367(b) acquired corporation. This paragraph and profits attributable to FC, FI, and the regulations, the gain realized by an (d)(3)(i)(B)(2) applies in addition to the small shareholders. DA’s all earnings and exchanging shareholder shall be section 1248 regulations’ incorporation profits amount does include the FC2 earnings determined before increasing (as of section 1223 holding periods, as and profits attributable to DP, DC, and DI. provided in paragraph (e)(3)(ii) of this modified by paragraph (d)(3)(ii) of this See § 1.367(b)–2(k) for rules concerning the section) the basis in the stock of the section and § 1.367(b)–4(d) (as treatment of partnerships under the section foreign corporation by the amount of the applicable). 367(b) regulations. deemed dividend. (ii) Limitation on amounts (iii) Exclusion of lower-tier earnings. (ii) Except as provided in paragraph attributable to holding periods In applying the attribution principles of (e)(3)(i) of this section, the deemed determined under section 1223—(A) section 1248 and the regulations dividend shall be considered to be

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Such basis increase shall be which is recognized under section 356(a)(1). domestic corporation shall be treated for taken into account before determining purposes of section 367(b) as the gain otherwise recognized on the (f) Deemed asset transfer and closing transferring, as of the first day of the exchange (for example, under section of taxable year in certain section first taxable year for which the election 356), the basis that the exchanging 368(a)(1)(F) reorganizations—(1) Scope. is effective, all of its assets to a domestic shareholder takes in the property that it This paragraph applies to a corporation in a reorganization receives in the exchange (under section reorganization described in section described in section 368(a)(1)(F). 358(a)(1)), and the basis that the 368(a)(1)(F) in which the transferor Notwithstanding paragraph (d) of this transferee otherwise takes in the corporation is a foreign corporation. section, for purposes of determining the (2) Deemed asset transfer. In a transferred stock (under section 362). consequences of the reorganization (iii) Except as provided in paragraph reorganization described in paragraph under § 1.367(b)–3, the all earnings and (e)(3)(i) of this section, the earnings and (f)(1) of this section, there is considered profits amount shall not be considered profits of the appropriate foreign to exist— to include earnings and profits corporation shall be reduced by the (i) A transfer of assets by the foreign accumulated in taxable years beginning deemed dividend amount before transferor corporation to the acquiring before January 1, 1988. determining the consequences of the corporation in exchange for stock (or (2) Post-election exchanges. For recognition of gain in excess of the stock and securities) of the acquiring purposes of applying section 367(b) to deemed dividend amount (for example, corporation and the assumption by the post-election exchanges with respect to under section 356(a)(2) or sections acquiring corporation of the foreign a corporation that has made a valid 356(a)(1) and 1248). transferor corporation’s liabilities; election under section 953(d) to be (4) Examples. The following examples (ii) A distribution of such stock (or treated as a domestic corporation, such illustrate the rules of this paragraph (e): stock and securities) by the foreign corporation shall be treated as a transferor corporation to its domestic corporation as to earnings and Example 1. DC, a domestic corporation, shareholders (or shareholders and profits that were taken into account at exchanges stock in FC, a foreign corporation, security holders); and in a section 367(b) exchange in which DC the time of the section 953(d) election includes the all earnings and profits amount (iii) An exchange by the foreign or which accrue after such election, and in income as a deemed dividend. Under transferor corporation’s shareholders (or shall be treated as a foreign corporation paragraph (e)(2) of this section, a deemed shareholders and security holders) of as to earnings and profits accumulated dividend is treated as a dividend for their stock (or stock and securities) for in taxable years beginning before purposes of the Internal Revenue Code. As a stock (or stock and securities) of the January 1, 1988. Thus, for example, if result, if the requirements of section 902 are acquiring corporation. the section 953(d) corporation met, DC may qualify for a deemed paid (3) Other applicable rules. For subsequently transfers its assets to a foreign tax credit with respect to the deemed purposes of this paragraph (f), it is dividend that it receives from FC. domestic corporation (other than Example 2. DC, a domestic corporation, immaterial that the applicable foreign or another section 953(d) corporation) in a exchanges stock in FC1, a foreign corporation domestic law treats the acquiring transaction described in section 381(a), that is a controlled foreign corporation, in a corporation as a continuation of the the rules of § 1.367(b)–3 shall apply to transaction in which DC is required to foreign transferor corporation. such transaction to the extent of the include the section 1248 amount in income (4) Closing of taxable year. In a section 953(d) corporation’s earnings as a deemed dividend. A portion of the reorganization described in paragraph and profits accumulated in taxable years section 1248 amount is determined by (f)(1) of this section, the taxable year of beginning before January 1, 1988. reference to the earnings and profits of FC1 the foreign transferor corporation shall (i) Section 1504(d) elections. An (the upper-tier portion of the section 1248 amount), and the remainder of the section end with the close of the date of the election under section 1504(d), which 1248 amount is determined by reference to transfer and the taxable year of the permits certain foreign corporations to the earnings and profits of FC2, which is a acquiring corporation shall end with the be treated as domestic corporations, is wholly owned foreign subsidiary of FC1 (the close of the date on which the treated as a transfer of property to a lower-tier portion of the section 1248 transferor’s taxable year would have domestic corporation and will generally amount). Under paragraph (e)(2) of this ended but for the occurrence of the constitute a reorganization described in section, DC computes its deemed paid reorganization if— section 368(a)(1)(F). However, if an foreign tax credit as if the lower-tier portion (i) The acquiring corporation is a election under section 1504(d) is made of the section 1248 amount were distributed domestic corporation; or with respect to a foreign corporation as a dividend by FC2 to FC1, and as if such portion and the upper-tier portion of the (ii) The foreign transferor corporation from the first day of the foreign section 1248 amount were then distributed as has effectively connected earnings and corporation’s existence, then the foreign a dividend by FC1 to DC. profits (as defined in section 884(d)) or corporation shall be treated as a Example 3. DC, a domestic corporation, accumulated effectively connected domestic corporation, and the section exchanges stock in FC, a foreign corporation earnings and profits (as defined in 367(b) regulations will not apply. that is a controlled foreign corporation, in a section 884(b)(2)(B)(ii)). (j) Sections 985 through 989—(1) transaction in which DC realizes gain of $100 (g) Stapled stock under section 269B. Change in functional currency of a (prior to the application of the section 367(b) For rules treating a foreign corporation qualified business unit—(i) Rule. If, as a regulations). In connection with the as a domestic corporation if it and a result of a transaction described in transaction, DC is required to include $40 in income as a deemed dividend under the domestic corporation are stapled section 381(a), a qualified business unit section 367(b) regulations. In addition to entities, see section 269B. The deemed (as defined in section 989(a)) (QBU) has receiving property permitted to be received conversion of a foreign corporation to a a different functional currency under section 354 without the recognition of domestic corporation under section determined under the rules of section

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985(b) than it used prior to the recognized under this paragraph (j)(2)(i) the assets of a foreign corporation (the transaction, then the QBU shall be will increase or decrease the exchanging foreign acquired corporation) in a deemed to have automatically changed shareholder’s adjusted basis in the stock liquidation described in section 332 or its functional currency immediately of the foreign corporation for purposes an asset acquisition described in section prior to the transaction. A QBU that is of computing gain or loss realized with 368(a)(1). deemed to change its functional respect to the stock on the transaction. (b) Exchange of stock owned directly currency pursuant to this paragraph (j) The exchanging shareholder’s dollar by a United States shareholder or by must make the adjustments described in basis with respect to each account of certain foreign corporate shareholders— § 1.985–5. previously taxed income shall be (1) Scope. This paragraph (b) applies in (ii) Example. The following example increased or decreased by the exchange the case of an exchanging shareholder illustrates the rule of this paragraph gain or loss recognized. that is either— (j)(1): (ii) Exchanging shareholder that is a (i) A United States shareholder of the foreign corporation. If an exchanging Example—(i) Facts. DC, a domestic foreign acquired corporation; or corporation, owns 100 percent of FC1, a shareholder that is a foreign corporation (ii) A foreign corporation with respect foreign corporation. FC1 owns and operates is required to include in income either to which there are one or more United a qualified business unit (QBU) (B1) in the all earnings and profits amount or States shareholders. France, whose functional currency is the the section 1248 amount under the (2) United States shareholder. For euro. FC2, an unrelated foreign corporation, provisions of § 1.367(b)–3 or 1.367(b)–4, purposes of this section (and for owns and operates a QBU (B2) in France, then, immediately prior to the exchange, purposes of the other section 367(b) whose functional currency is the dollar. FC2 the exchanging shareholder shall be regulation provisions that specifically acquires FC1’s assets (including B1) in a treated as receiving a distribution of refer to this paragraph (b)(2)), the term reorganization described in section previously taxed earnings and profits United States shareholder means any 368(a)(1)(C). As a part of the reorganization, shareholder described in section 951(b) B1 and B2 combine their operations into one from the appropriate foreign corporation QBU. Applying the rules of section 985(b), that is attributable (under the principles (without regard to whether the foreign the functional currency of the combined of section 1248) to the exchanged stock. corporation is a controlled foreign operations of B1 and B2 is the euro. If an exchanging shareholder that is a corporation), and also any shareholder (ii) Result. FC2’s acquisition of FC1’s assets foreign corporation is a distributee in an described in section 953(c)(1)(A) (but is a section 367(b) exchange that is described exchange described in § 1.367(b)–5(c) or only if the foreign corporation is a in section 381(a). Because the functional (d), then the exchanging shareholder controlled foreign corporation subject to currency of the combined operations of B1 shall be treated as receiving the rules of section 953(c)). and B2 after the exchange is the euro, B2 is (immediately prior to the exchange) a (3) Income inclusion—(i) Inclusion of deemed to have automatically changed its distribution of previously taxed all earnings and profits amount. An functional currency to the euro immediately exchanging shareholder shall include in prior to the section 367(b) exchange. B2 must earnings and profits from the make the adjustments described in § 1.985– appropriate foreign corporation. Such income as a deemed dividend the all 5. distribution shall be measured by the earnings and profits amount with extent to which the exchanging respect to its stock in the foreign (2) Previously taxed earnings and shareholder’s direct or indirect United acquired corporation. For the profits—(i) Exchanging shareholder that States shareholders (as defined in consequences of the deemed dividend, is a United States person. If an section 951(b)) have a diminished see § 1.367(b)–2(e). Notwithstanding exchanging shareholder that is a United interest in such previously taxed § 1.367(b)–2(e), however, a deemed States person is required to include in earnings and profits after the exchange. dividend from the foreign acquired income either the all earnings and (3) Other rules. See sections 985 corporation to an exchanging foreign profits amount or the section 1248 through 989 for other currency rules corporate shareholder shall not qualify amount under the provisions of that may apply in connection with a for the exception from foreign personal § 1.367(b)–3 or 1.367(b)–4, then section 367(b) exchange. holding company income provided by immediately prior to the exchange, and (k) Partnerships, trusts and estates. In section 954(c)(3)(A)(i), although it may solely for the purpose of computing applying the section 367(b) regulations, qualify for the look-through treatment exchange gain or loss under section stock of a corporation that is owned by provided by section 904(d)(3) if the 986(c), the exchanging shareholder shall a foreign partnership, trust or estate requirements of that section are met be treated as receiving a distribution of shall be considered as owned with respect to the deemed dividend. previously taxed earnings and profits proportionately by its partners, owners, (ii) Examples. The following from the appropriate foreign corporation or beneficiaries under the principles of examples illustrate the rules of that is attributable (under the principles § 1.367(e)–1(b)(2). Stock owned by an paragraph (b)(3)(i) of this section: of section 1248) to the exchanged stock. entity that is disregarded as an entity If an exchanging shareholder that is a Example 1—(i) Facts. DC, a domestic separate from its owner under corporation, owns all of the outstanding United States person is a distributee in § 301.7701–3 is owned directly by the stock of FC, a foreign corporation. The stock an exchange described in § 1.367(b)–5(c) owner of such entity. In applying of FC has a value of $100, and DC has a basis or (d), then immediately prior to the § 1.367(b)–5(b), the principles of of $30 in such stock. The all earnings and exchange, and solely for the purpose of § 1.367(e)–1(b)(2) shall also apply to a profits amount attributable to the FC stock computing exchange gain or loss under domestic partnership, trust or estate. owned by DC is $20, of which $15 is section 986(c), the exchanging described in section 1248(a) and the Par. 5. Section 1.367(b)–3 is added to shareholder shall be treated as receiving remaining $5 is not (for example, because it read as follows: a distribution of previously taxed accumulated prior to 1963). FC has a basis of $50 in its assets. In a liquidation described earnings and profits from the § 1.367(b)±3 Repatriation of foreign in section 332, FC distributes all of its corporate assets in certain nonrecognition appropriate foreign corporation to the property to DC, and the FC stock held by DC transactions. extent such shareholder has a is canceled. diminished interest in such previously (a) Scope. This section applies to an (ii) Result. Under paragraph (b)(3)(i) of this taxed earnings and profits after the acquisition by a domestic corporation section, DC must include $20 in income as exchange. The exchange gain or loss (the domestic acquiring corporation) of a deemed dividend from FC. Under section

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337(a) FC does not recognize gain or loss in attributable to the FC stock owned by DC a foreign corporation that is not a controlled the assets that it distributes to DC, and under under § 1.367(b)–2(d)(3)(i)(A)(1). DC’s all foreign corporation subject to the rule of section 334(b), DC takes a basis of $50 in earnings and profits amount with respect to section 953(c). In a reorganization described such assets. Because the requirements of its stock in FC is $24 (the $16 of initial all in section 368(a)(1)(C), DC2, a domestic section 902 are met, DC qualifies for a earnings and profits amount with respect to corporation, acquires all of the assets and deemed paid foreign tax credit with respect the FC stock held by DC, plus the $8 addition liabilities of FC in exchange for DC2 stock. to the deemed dividend that it receives from to such amount that results from FC’s FC distributes to its shareholders DC2 stock, FC. recognition of gain on the distribution to the and the FC stock held by its shareholders is Example 2—(i) Facts. DC, a domestic minority shareholder). Under paragraph canceled. corporation, owns all of the outstanding (b)(3)(i) of this section, DC must include the (ii) Result. (A) DC1 and USP are United stock of FC, a foreign corporation. The stock $24 all earnings and profits amount in States persons that are exchanging of FC has a value of $100, and DC has a basis income as a deemed dividend from FC. shareholders in a transaction described in of $30 in such stock. The all earnings and Example 4—(i) Facts. DC1, a domestic paragraph (a) of this section. As a result, DC1 profits amount attributable to the FC stock corporation, owns all of the outstanding and USP are subject to the rules of paragraph owned by DC is $75. FC has a basis of $50 stock of DC2, a domestic corporation. DC1 (b) of this section if they qualify as United in its assets. In a liquidation described in also owns all of the outstanding stock of FC, States shareholders as defined in paragraph section 332, FC distributes all of its property a foreign corporation. The stock of FC has a (b)(2) of this section. Alternatively, if they do to DC, and the FC stock held by DC is value of $100, and DC1 has a basis of $30 in not qualify as United States shareholders as canceled. such stock. The assets of FC have a value of defined in paragraph (b)(2) of this section, (ii) Result. Under paragraph (b)(3)(i) of this $100. The all earnings and profits amount DC1 and USP are subject to the rules of section, DC must include $75 in income as with respect to the FC stock owned by DC1 paragraph (c) of this section. Paragraph (b)(2) a deemed dividend from FC. Under section is $20. In a reorganization described in of this section defines the term United States 337(a) FC does not recognize gain or loss in section 368(a)(1)(D), DC2 acquires all of the shareholder to include any shareholder the assets that it distributes to DC, and under assets of FC solely in exchange for DC2 stock. described in section 951(b) (without regard to section 334(b), DC takes a basis of $50 in FC distributes the DC2 stock to DC1, and the whether the foreign corporation is a such assets. Because the requirements of FC stock held by DC1 is canceled. controlled foreign corporation). A section 902 are met, DC qualifies for a (ii) Result. DC1 must include $20 in shareholder described in section 951(b) is a deemed paid foreign tax credit with respect income as a deemed dividend from FC under United States person that is considered to to the deemed dividend that it receives from paragraph (b)(3)(i) of this section. Under own, applying the rules of section 958(a) and FC. section 361, FC does not recognize gain or 958(b), 10 percent or more of the total Example 3—(i) Facts. DC, a domestic loss in the assets that it transfers to DC2 or combined voting power of all classes of stock corporation, owns 80 percent of the in the DC2 stock that it distributes to DC1, entitled to vote of a foreign corporation. outstanding stock of FC, a foreign and under section 362(b) DC2 takes a basis Under section 958(b), the rules of section corporation. DC has owned its 80 percent in the assets that it acquires from FC equal 318(a), as modified by section 958(b) and the interest in FC since FC was incorporated. The to the basis that FC had therein. Under regulations thereunder, apply so that, in remaining 20 percent of the outstanding § 1.367(b)–2(e)(3)(ii) and section 358(a)(1), general, stock owned directly or indirectly by stock of FC is owned by a person unrelated DC1 takes a basis of $50 (its $30 basis in the a partnership is considered as owned to DC (the minority shareholder). The stock stock of FC, plus the $20 that was treated as proportionately by its partners, and stock of FC owned by DC has a value of $80, and a deemed dividend to DC1) in the stock of owned directly or indirectly by a partner is DC has a basis of $24 in such stock. The stock DC2 that it receives in exchange for the stock considered as owned by the partnership. of FC owned by the minority shareholder has of FC. Under § 1.367(b)–2(e)(3)(iii) and Thus, under section 958(b), DC1 is treated as a value of $20, and the minority shareholder section 312(a), the earnings and profits of FC owning its proportionate share of FC stock has a basis of $18 in such stock. FC’s only are reduced by the $20 deemed dividend. held by USP, and USP is treated as owning asset is land having a value of $100, and FC Example 5—(i) Facts. DC1, a domestic all of the FC stock held by DC1. has a basis of $50 in the land. Gain on the corporation, owns all of the outstanding (B) Accordingly, for purposes of land would not generate earnings and profits stock of DC2, a domestic corporation. DC1 determining whether DC1 is a United States qualifying under section 1248(d) for an also owns all of the outstanding stock of FC1, shareholder under paragraph (b)(2) of this exclusion from earnings and profits for a foreign corporation. FC1 owns all of the section, DC1 is considered as owning 99 purposes of section 1248. FC has earnings outstanding stock of FC2, a foreign percent of the 9 percent of FC stock held by and profits of $20 (determined under the corporation. The all earnings and profits USP. Because DC1 also owns 9 percent of FC rules of § 1.367(b)–2(d)(2) (i) and (ii)), $16 of amount with respect to the FC2 stock owned stock directly, DC1 is considered as owning which is attributable to the stock owned by by FC1 is $20. In a reorganization described more than 10 percent of FC stock. DC1 is thus DC under the rules of § 1.367(b)–2(d)(3). FC in section 368(a)(1)(D), DC2 acquires all of a United States shareholder of FC under subdivides the land and distributes to the the assets and liabilities of FC2 in exchange paragraph (b)(2) of this section and, as a minority shareholder land with a value of for DC2 stock. FC2 distributes the DC2 stock result, is subject to the rules of paragraph (b) $20 and a basis of $10. As part of the same to FC1, and the FC2 stock held by FC1 is of this section. However, for purposes of transaction, in a liquidation described in canceled. determining DC1’s all earnings and profits section 332, FC distributes the remainder of (ii) Result. FC1 must include $20 in amount, DC1 is not treated as owning the FC its land to DC, and the FC stock held by DC income as a deemed dividend from FC2 stock held by USP. Under § 1.367(b)–2(d)(3), and the minority shareholder is canceled. under paragraph (b)(3)(i) of this section. The DC1’s all earnings and profits amount is (ii) Result. Under section 336, FC must deemed dividend is treated as a dividend for determined by reference to the 9 percent of recognize the $10 of gain it realizes in the purposes of the Internal Revenue Code as FC stock that it directly owns. land it distributes to the minority provided in § 1.367(b)–2(e)(2); however, (C) For purposes of determining whether shareholder, and under section 331 the under paragraph (b)(3)(i) of this section the USP is a United States shareholder under minority shareholder recognizes its gain of $2 deemed dividend cannot qualify for the paragraph (b)(2) of this section, USP is in the stock of FC. Such gain is included in exception from foreign personal holding considered as owning the 9 percent of FC income by the minority shareholder as a company income provided by section stock held by DC1. Because USP also owns dividend to the extent provided in section 954(c)(3)(A)(i), even if the provisions of that 9 percent of FC stock directly, USP is 1248 if the minority shareholder is a United section would otherwise have been met in considered as owning more than 10 percent States person that is described in section the case of an actual dividend. of FC stock. USP is thus a United States 1248(a)(2). Under § 1.367(b)–2(d)(2)(iii), the Example 6—(i) Facts. DC1, a domestic shareholder of FC under paragraph (b)(2) of $10 of gain recognized by FC increases its corporation, owns 99 percent of USP, a this section and, as a result, is subject to the earnings and profits for purposes of domestic partnership. The remaining 1 rules of paragraph (b) of this section. computing the all earnings and profits percent of USP is owned by a person However, for purposes of determining USP’s amount and, as a result, $8 of such increase unrelated to DC1. DC1 and USP each directly all earnings and profits amount, USP is not (80 percent of $10) is considered to be own 9 percent of the outstanding stock of FC, treated as owning the FC shares held by DC1.

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Under § 1.367(b)–2(d)(3), USP’s all earnings (ii) Alternate result 1. If DC1 does not make taxes paid by FC do not carryover to DC and profits amount is determined by the election described in paragraph (c)(3) of because FC’s foreign taxes are not eligible for reference to the 9 percent of FC stock that it this section, then the general rule of credit under section 906. directly owns. paragraph (c)(2) of this section applies and DC1 must recognize its $60,000 gain in the Par. 6. Section 1.367(b)–4 is revised to (iii) Recognition of exchange gain or loss read as follows: with respect to capital. [Reserved] FC stock. Under section 358(a)(1), DC1 has a (4) Reserved. For further guidance $100,000 basis (its $40,000 basis in the FC stock, plus the $60,000 recognized gain) in § 1.367(b)±4 Acquisition of foreign concerning section 367(b) exchanges corporate stock or assets by a foreign occurring before February 23, 2001, see the DC2 stock that it receives in exchange for its FC stock. Because DC1 is not a corporation in certain nonrecognition § 1.367(b)–3T(b)(4). transactions. (c) Exchange of stock owned by a United shareholder described in section 1248(a)(2), States person that is not a United States section 1248 does not apply to recharacterize (a) Scope. This section applies to an shareholder—(1) Scope. This paragraph (c) any of DC1’s gain as a dividend. acquisition by a foreign corporation (the applies in the case of an exchanging (iii) Alternate result 2. If DC1 makes a valid foreign acquiring corporation) of the shareholder that is a United States person not election under paragraph (c)(3) of this stock or assets of another foreign described in paragraph (b)(1)(i) of this section section, then DC1 must include in income as corporation (the foreign acquired (i.e., a United States person that is not a a deemed dividend the $50,000 all earnings corporation) in an exchange described and profits amount with respect to its FC United States shareholder of the foreign in section 351 or a reorganization acquired corporation). stock. Under § 1.367(b)–2(e)(3) and section 358(a)(1), DC1 has a $90,000 basis (its described in section 368(a)(1)(B), (C), (2) Requirement to recognize gain. An (D), (E), (F) or (G). See § 1.367(a)–3(b)(2) exchanging shareholder described in $40,000 basis in the FC stock, plus the paragraph (c)(1) of this section shall $50,000 that was treated as a deemed for additional rules that may apply. recognize realized gain (but not loss) with dividend to DC1) in the DC2 stock that it (b) Income inclusion. If an exchange respect to the stock of the foreign acquired receives in exchange for its FC stock. Because is described in paragraph (b)(1)(i), (2)(i) corporation. DC1 owns less than 10 percent of the voting or (3) of this section, the exchanging (3) Election to include all earnings and stock of FC, DC1 does not qualify for a shareholder shall include in income as profits amount. In lieu of the treatment deemed paid foreign tax credit under section a deemed dividend the section 1248 prescribed by paragraph (c)(2) of this section, 902. Example 2—(i) Facts. The facts are the amount attributable to the stock that it an exchanging shareholder described in exchanges. paragraph (c)(1) of this section may instead same as in Example 1, except that DC1’s stock in FC has a fair market value of $48,000 (1) Exchange that results in loss of elect to include in income as a deemed status as section 1248 shareholder—(i) dividend the all earnings and profits amount on the date DC1 receives the DC2 stock. with respect to its stock in the foreign (ii) Result. Because DC1’s stock in FC has Rule. An exchange is described in this acquired corporation. For the consequences a fair market value of less than $50,000 on paragraph (b)(1)(i) if— of a deemed dividend, see § 1.367(b)–2(e). the date of the section 367(b) exchange, the (A) Immediately before the exchange, Such election may be made only if— de minimis exception of paragraph (c)(4) of the exchanging shareholder is— (i) The foreign acquired corporation (or its this section applies. As a result, DC1 is not (1) A United States person that is a successor in interest) has provided the subject to the gain or income inclusion section 1248 shareholder with respect to exchanging shareholder information to requirements of this paragraph (c). the foreign acquired corporation; or substantiate the exchanging shareholder’s all (d) Carryover of certain foreign ( 2) A foreign corporation, and a earnings and profits amount with respect to taxes—(1) Rule. Unused foreign tax United States person is a section 1248 its stock in the foreign acquired corporation; credits allowable to the foreign acquired shareholder with respect to such foreign and (ii) The exchanging shareholder complies corporation under section 906 shall corporation and with respect to the with the section 367(b) notice requirement carry over to the domestic acquiring foreign acquired corporation; and described in § 1.367(b)–1(c), including the corporation and become allowable (B) Either of the following conditions specific rules contained therein concerning under section 901, subject to the is satisfied— the time and manner for electing to apply the limitations prescribed by the Internal (1) Immediately after the exchange, rules of this paragraph (c)(3). Revenue Code (for example, sections the stock received in the exchange is not (4) De minimis exception. This paragraph 383, 904 and 907). The domestic stock in a corporation that is a (c) shall not apply in the case of an acquiring corporation shall not succeed controlled foreign corporation as to exchanging shareholder whose stock in the to any other foreign taxes paid or which the United States person foreign acquired corporation has a fair market described in paragraph (b)(1)(i)(A) of value of less than $50,000 on the date of the incurred by the foreign acquired section 367(b) exchange. corporation. this section is a section 1248 (5) Examples. The following examples (2) Example. The following example shareholder; or illustrate the rules of this paragraph (c): illustrates the rules of this paragraph (2) Immediately after the exchange, the foreign acquiring corporation (or, in Example 1—(i) Facts. DC1, a domestic (d): corporation, owns 5 percent of the Example—(i) Facts. DC, a domestic the case of a reorganization described in outstanding stock of FC, a foreign corporation corporation owns 100 percent of the section 368(a)(1)(B), the foreign that is not a controlled foreign corporation outstanding stock of FC, a foreign acquired corporation) is not a controlled subject to the rule of section 953(c). Persons corporation. FC has net positive earnings and foreign corporation as to which the unrelated to DC1 own the remaining 95 profits, none of which are attributable to DC’s United States person described in percent of the outstanding stock of FC. DC1 FC stock under § 1.367(b)–2(d)(3). FC has paragraph (b)(1)(i)(A) of this section is a has owned its 5 percent interest in FC since paid foreign taxes that are not eligible for section 1248 shareholder. FC was incorporated. DC1’s stock in FC has credit under section 906. In a liquidation (ii) Examples. The following a basis of $40,000 and a value of $100,000. described in section 332, FC distributes all of examples illustrate the rules of this The all earnings and profits amount with its property to DC, and the FC stock held by respect to DC1’s stock in FC is $50,000. In DC is canceled. paragraph (b)(1): a reorganization described in section (ii) Result. The liquidation of FC into DC Example 1—(i) Facts. FC1 is a foreign 368(a)(1)(C), DC2, a domestic corporation, is a section 367(b) exchange. Thus, DC is corporation that is owned, directly and acquires all of the assets and liabilities of FC subject to the section 367(b) regulations, and indirectly (applying the ownership rules of in exchange for DC2 stock. FC distributes must file a section 367(b) notice pursuant to section 958), solely by foreign persons. DC is DC2 stock to its shareholders, and the FC § 1.367(b)–1(c). Pursuant to the provisions of a domestic corporation that is unrelated to stock held by its shareholders is canceled. paragraph (d)(1) of this section, the foreign FC1. DC owns all of the outstanding stock of

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FC2, a foreign corporation. Thus, under FC2 stock that DC exchanged. Under these ownership threshold specified by § 1.367(b)–2(a) and (b), DC is a section 1248 circumstances, the amount of the gain section 902(a) or (b) such that it may shareholder with respect to FC2, and FC2 is recognition agreement would equal the qualify for a deemed paid foreign tax a controlled foreign corporation. Under amount of the gain realized on the indirect credit if it receives a distribution from § 1.367(b)–2(c)(1), the section 1248 amount stock transfer, less the $20 section 1248 attributable to the stock of FC2 held by DC amount inclusion. the foreign acquiring corporation is $20. In a reorganization described in Example 4—(i) Facts. DC1, a domestic (directly or through tiers); and section 368(a)(1)(C), FC1 acquires all of the corporation, owns all of the outstanding (C) The exchanging shareholder assets and assumes all of the liabilities of FC2 stock of DC2, a domestic corporation. DC2 receives preferred stock (other than in exchange for FC1 voting stock. The FC1 owns various assets including all of the preferred stock that is fully participating voting stock received does not represent outstanding stock of FC2, a foreign with respect to dividends, redemptions corporation. The stock of FC2 has a value of more than 50 percent of the voting power or and corporate growth) in consideration value of FC1’s stock. FC2 distributes the FC1 $100, and DC2 has a basis of $30 in such stock to DC, and the FC2 stock held by DC stock. The section 1248 amount attributable for common stock or preferred stock that is canceled. to the FC2 stock held by DC2 is $20. DC2 is fully participating with respect to (ii) Result. FC1 is not a controlled foreign does not own any other stock in a foreign dividends, redemptions and corporate corporation immediately after the exchange. corporation. FC1 is a foreign corporation that growth, or, in the discretion of the As a result, the exchange is described in is unrelated to DC1, DC2 and FC2. In a Commissioner or the Commissioner’s paragraph (b)(1)(i) of this section. Under reorganization described in section delegate (and without regard to whether paragraph (b) of this section, DC must 368(a)(1)(C), FC1 acquires all of the assets and liabilities of DC2 in exchange for FC1 the stock exchanged is common stock or include in income, as a deemed dividend preferred stock), receives stock that from FC2, the section 1248 amount ($20) voting stock that represents 20 percent of the attributable to the FC2 stock that DC outstanding voting stock of FC1. DC2 entitles it to participate (through exchanged. distributes the FC1 stock to DC1, and the DC2 dividends, redemption payments or Example 2—(i) Facts. The facts are the stock held by DC1 is canceled. DC1 properly otherwise) disproportionately in the same as in Example 1, except that the voting files a gain recognition agreement under earnings generated by particular assets stock of FC1, which is received by FC2 in § 1.367(a)–8 to qualify for nonrecognition of the foreign acquired corporation or exchange for its assets and distributed by FC2 treatment under section 367(a) with respect foreign acquiring corporation. to DC, represents more than 50 percent of the to DC2’s transfer of the FC2 stock to FC1. See § 1.367(a)–8(f)(2). (ii) Examples. The following voting power of FC1’s stock under the rules examples illustrate the rules of this of section 957(a). (ii) Result. Pursuant to paragraph (b)(1)(i)(A) of this section, DC2 is the (ii) Result. Paragraph (b)(1)(i) of this paragraph (b)(2): exchanging shareholder that is a section 1248 section does not apply to require inclusion in Example 1—(i) Facts. FC1 is a foreign shareholder with respect to FC2, the foreign income of the section 1248 amount, because corporation. DC is a domestic corporation acquired corporation. Immediately after the FC1 is a controlled foreign corporation as to exchange, DC2 is not a section 1248 that is unrelated to FC1. DC owns all of the which DC is a section 1248 shareholder shareholder with respect to FC1, the outstanding stock of FC2, a foreign immediately after the exchange. corporation whose stock is received in the corporation, and FC2 has no outstanding Example 3—(i) Facts. The facts are the exchange (because the DC2 stock is preferred stock. The value of FC2 is $100 and same as in Example 1, except that FC2 canceled). Thus, paragraph (b)(1)(i)(B) of this DC has a basis of $50 in the stock of FC2. receives and distributes voting stock of FP, a section is satisfied and, as a result, paragraph Under § 1.367(b)–2(c)(1), the section 1248 foreign corporation that is in control (within (b)(1)(i) of this section applies to DC2’s amount attributable to the stock of FC2 held the meaning of section 368(c)) of FC1, instead section 361 exchange of FC2 stock. by DC is $20. In a reorganization described of receiving and distributing voting stock of Accordingly, under paragraph (b) of this in section 368(a)(1)(B), FC1 acquires all of the FC1. section, DC2 must include in income, as a stock of FC2 and, in exchange, DC receives (ii) Result. For purposes of section 367(a), deemed dividend from FC2, the section 1248 FC1 voting preferred stock that constitutes 10 the transfer is an indirect stock transfer amount ($20) attributable to the FC2 stock percent of the voting stock of FC1 for subject to section 367(a). See § 1.367(a)– that DC2 exchanges. This result arises purposes of section 902(a). Immediately after 3(d)(1)(iv). Accordingly, DC’s exchange of without regard to whether FC1 and FC2 are the exchange, FC1 and FC2 are controlled FC2 stock for FP stock under section 354 will controlled foreign corporations immediately foreign corporations and DC is a section 1248 be taxable under section 367(a) (and section after the exchange. For the tax treatment of shareholder of FC1 and FC2, so paragraph 1248 will be applicable) if DC fails to enter DC2’s transfer of assets (other than stock) to (b)(1)(i) of this section does not require into a gain recognition agreement in FC1, see sections 367(a)(1) and (a)(3), and the inclusion in income of the section 1248 accordance with § 1.367(a)–8. Under regulations thereunder. Because the exchange amount. § 1.367(a)–3(b)(2), if DC enters into a gain is also described in section 361(a) or (b), see (ii) Result. Pursuant to § 1.367(a)–3(b)(2), recognition agreement, the exchange will be section 367(a)(5) and any regulations the transfer is subject to both section 367(a) subject to the provisions of section 367(b) thereunder. If any of the assets transferred are and section 367(b). Under § 1.367(a)–3(b)(1), and the regulations thereunder, as well as intangible assets, see section 367(d) and the DC will not be subject to tax under section section 367(a). If FP and FC1 are controlled regulations thereunder. 367(a)(1) if it enters into a gain recognition foreign corporations as to which DC is a (2) Receipt by exchanging shareholder agreement in accordance with § 1.367(a)–8. (direct or indirect) section 1248 shareholder Even though paragraph (b)(1)(i) of this immediately after the reorganization, then of preferred or other stock in certain section does not apply to require inclusion in the section 367(b) result is the same as in instances—(i) Rule. An exchange is income by DC of the section 1248 amount, Example 2—that is, paragraph (b)(1)(i) of this described in this paragraph (b)(2)(i) if— DC must nevertheless include the $20 section section does not apply to require inclusion in (A) Immediately before the exchange, 1248 amount in income as a deemed income of the section 1248 amount. Under the foreign acquired corporation and the dividend from FC2 under paragraph (b)(2)(i) these circumstances, the amount of the gain foreign acquiring corporations are not of this section. Thus, if DC enters into a gain recognition agreement would equal the members of the same affiliated group recognition agreement, the amount is $30 amount of the gain realized on the indirect (within the meaning of section 1504(a), (the $50 gain realized less the $20 recognized stock transfer. If FP or FC1 is not a controlled but without regard to the exceptions set under section 367(b)). If DC fails to enter into foreign corporation as to which DC is a a gain recognition agreement, it must include (direct or indirect) section 1248 shareholder forth in section 1504(b), and in income under section 367(a)(1) the $50 of immediately after the exchange, then the substituting the words ‘‘more than 50’’ gain realized ($20 of which is treated as a section 367(b) result is the same as in in place of the words ‘‘at least 80’’ in dividend under section 1248). Section 367(b) Example 1—that is, DC must include in sections 1504(a)(2)(A) and (B)); does not apply in such case. income, as a deemed dividend from FC2, the (B) Immediately after the exchange, a Example 2—(i) Facts. The facts are the section 1248 amount ($20) attributable to the domestic corporation meets the same as in Example 1, except that DC owns

VerDate 042000 12:17 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\24JAR1.SGM pfrm03 PsN: 24JAR1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Rules and Regulations 3605 all of the outstanding stock of FC1 acquired corporation or the foreign stock received by an exchanging immediately before the transaction. acquiring corporation; and shareholder in the non-inclusion (ii) Result. Both section 367(a) and section (ii) The exchange in the exchange shall not include any earnings 367(b) apply to the transfer. Paragraph recapitalization is described in and profits of the foreign acquiring (b)(2)(i) of this section does not apply to paragraph (b)(2)(i)(C) of this section. corporation that accumulated before the require inclusion of the section 1248 amount. (c) Exclusion of deemed dividend Under paragraph (b)(2)(i)(A) of this section, non-inclusion exchange. In the case of the transaction is outside the scope of from foreign personal holding company a non-inclusion exchange in which the paragraph (b)(2)(i) of this section because income—(1) Rule. In the event the exchanging shareholder is a foreign FC1 and FC2 are, immediately before the section 1248 amount is included in corporation, this paragraph (d)(1) shall transaction, members of the same affiliated income as a deemed dividend by a also apply for purposes of determining group (within the meaning of such foreign corporation under paragraph (b) the earnings and profits attributable to paragraph). Thus, if DC enters into a gain of this section, such deemed dividend the exchanging foreign corporation’s recognition agreement in accordance with shall not be included as foreign personal shareholders, as well as for purposes of § 1.367(a)–8, the amount of such agreement is holding company income under section $50. As in Example 1, if DC fails to enter into determining the earnings and profits 954(c). attributable to the exchanging foreign a gain recognition agreement, it must include (2) Example. The following example in income $50, $20 of which will be treated corporation when applying section as a dividend under section 1248. illustrates the rule of this paragraph (c): 964(e) to subsequent sales or exchanges Example 3—(i) Facts. FC1 is a foreign Example—(i) Facts. FC1 is a foreign of the stock of the foreign acquiring corporation. DC is a domestic corporation corporation that is owned, directly and corporation. that is unrelated to FC1. DC owns all of the indirectly (applying the ownership rules of (2) Subsequent dispositions by a outstanding stock of FC2, a foreign section 958), solely by foreign persons. DC is foreign acquiring corporation. In the corporation. The section 1248 amount a domestic corporation that is unrelated to case of an exchange by a foreign attributable to the stock of FC2 held by DC FC1. DC owns all of the outstanding stock of is $20. In a reorganization described in FC2, a foreign corporation. FC2 owns all of acquiring corporation that is subject to section 368(a)(1)(B), FC1 acquires all of the the outstanding stock of FC3, a foreign section 367(b) or 964(e) and that follows stock of FC2 in exchange for FC1 voting stock corporation. Under § 1.367(b)–2(c)(1), the a non-inclusion exchange (as defined in that constitutes 10 percent of the voting stock section 1248 amount attributable to the stock paragraph (d)(1) of this section), the of FC1 for purposes of section 902(a). The of FC3 held by FC2 is $20. In a reorganization rules of paragraph (d)(1) of this section FC1 voting stock received by DC in the described in section 368(a)(1)(B), FC1 shall not apply. However, as a result of exchange carries voting rights in FC1, but by acquires from FC2 all of the stock of FC3 in such a subsequent exchange, agreement of the parties the shares entitle the exchange for FC1 voting stock. The FC1 voting stock received by FC2 does not proportionate reductions shall be made holder to dividends, amounts to be paid on to the earnings and profits that redemption, and amounts to be paid on represent more than 50 percent of the voting liquidation, that are to be determined by power or value of FC1’s stock. accumulated before the non-inclusion reference to the earnings or value of FC2 as (ii) Result. FC1 is not a controlled foreign exchange and that were attributed under of the date of such event, and that are corporation immediately after the exchange. paragraph (d)(1) of this section. Such affected by the earnings or value of FC1 only Under paragraph (b)(1) of this section, FC2 reductions shall be made without regard if FC1 becomes insolvent or has insufficient must include in income, as a deemed to whether gain is recognized on the capital surplus to pay dividends. dividend from FC3, the section 1248 amount subsequent sale or exchange. (ii) Result. Under § 1.367(a)–3(b)(1), DC ($20) attributable to the FC3 stock that FC2 (3) Examples. The following examples exchanged. The deemed dividend is treated will not be subject to tax under section illustrate the rules of this section: 367(a)(1) if it enters into a gain recognition as a dividend for purposes of the Internal agreement with respect to the transfer of FC2 Revenue Code as provided in § 1.367(b)– Example 1—(i) Facts. DC1, a domestic stock to FC1. Under § 1.367(a)–3(b)(2), the 2(e)(2); however, under this paragraph (c) the corporation, owns all of the outstanding exchange will be subject to the provisions of deemed dividend is not foreign personal stock of FC1, a foreign corporation. DC1 has section 367(b) and the regulations thereunder holding company income to FC2. owned all of the stock of FC1 since FC1’s to the extent that it is not subject to tax under (d) Rules for subsequent exchanges— formation. FC1 has $20 of earnings and section 367(a)(1). Furthermore, even if DC (1) In general. If income is not required profits, all of which is eligible for inclusion would not otherwise be required to recognize in the section 1248 amount attributable to to be included under paragraph (b) of DC1’s stock in FC1. DC2, a domestic income under this section, the Commissioner this section in a section 367(b) exchange or the Commissioner’s delegate may corporation, owns all of the outstanding nevertheless require that DC include the $20 described in paragraph (a) of this stock of FC2, a foreign corporation. DC2 has section 1248 amount in income as a deemed section (non-inclusion exchange) then, owned all of the stock of FC2 since FC2’s dividend from FC2 under paragraph (b)(2)(i) for purposes of applying section 367(b) formation. FC2 has $40 of earnings and of this section. or 1248 to subsequent exchanges, the profits, all of which is eligible for inclusion determination of the earnings and in the section 1248 amount attributable to (3) Certain recapitalizations. An profits attributable to an exchanging DC2’s stock in FC2. DC1 and DC2 are exchange pursuant to a recapitalization shareholder’s stock received in the non- unrelated. In a reorganization described in under section 368(a)(1)(E) shall be section 368(a)(1)(B), DC1 transfers all of the inclusion exchange shall include a stock of FC1 to FC2 in exchange for 40 deemed to be an exchange described in computation that refers to the this paragraph (b)(3) if the following percent of FC2 stock. DC1 enters into a five- exchanging shareholder’s pro rata year gain recognition agreement under the conditions are satisfied— interest in the earnings and profits of provisions of §§ 1.367(a)–3(b) and 1.367(a)–8 (i) During the 24-month period the foreign acquiring corporation (and, with respect to its transfer of FC1 stock to immediately preceding or following the in the case of a stock transfer, the FC2. date of the recapitalization, the foreign acquired corporation) that (ii) Result. (A) DC1’s transfer of FC1 to FC2 corporation that undergoes the accumulate after the non-inclusion is not described in paragraph (b)(1)(i), (2)(i), recapitalization (or a predecessor of, or exchange, as well as its pro rata interest or (3) of this section. As a result, DC1 is not required to include in income the section successor to, such corporation) also in the earnings and profits of the foreign 1248 amount attributable to its FC1 stock and engages in a transaction that would be acquired corporation that accumulated the rules of paragraph (d)(1) of this section described in paragraph (b)(2)(i) of this before the non-inclusion exchange. See apply. Thus, for purposes of applying section section but for paragraph (b)(2)(i)(C) of also section 1248(c)(2)(D)(ii). The 367(b) or 1248 to subsequent exchanges of this section, either as the foreign earnings and profits attributable to the FC2 stock, the determination of the earnings

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Sections 1.367(b)–5 and The earnings and profits attributable to DC1’s owns all of the outstanding stock of FC2, a 1.367(b)–6 are added to read as follows: stock in FC2 will not include any of the $40 foreign corporation. DC2 has owned all of the of earnings and profits accumulated by FC2 stock of FC2 since FC2’s formation. FC2 has § 1.367(b)±5 Distributions of stock prior to the transaction. Those earnings and $40 of earnings and profits, all of which is described in section 355. profits are attributable to DC2 under section eligible for inclusion in the section 1248 1248. However, paragraph (d)(1) of this amount attributable to DC2’s stock in FC2. (a) In general—(1) Scope. This section section does not apply for purposes of DC1 and DC2 are unrelated. In a provides rules relating to a distribution applying section 367(b) or 964(e) to reorganization described in section described in section 355 and to which subsequent exchanges of FC1 stock by FC2. 368(a)(1)(B), FC1 transfers all of the stock of section 367(b) applies. For purposes of For these purposes, the determination of the FC3 to FC2 in exchange for 40 percent of FC2 this section, the terms distributing earnings and profits attributable to FC2’s stock. corporation, controlled corporation, and stock in FC1 is made under the principles of (ii) Result. (A) FC1’s transfer of FC3 to FC2 distributee have the same meaning as section 1248 and, as a result, includes a is not described in paragraph (b)(1)(i), (2)(i), used in section 355 and the regulations computation that refers to the $20 of earnings or (3) of this section. As a result, FC1 is not and profits attributable to FC2’s section required to include in income the section thereunder. 1223(2) holding period in the FC1 stock. 1248 amount attributable to its FC3 stock and (2) Treatment of distributees as (B) In the event FC2 exchanges FC1 stock the rules of paragraph (d)(1) of this section exchanging shareholders. For purposes in a transaction that is subject to section apply. Thus, for purposes of applying section of the section 367(b) regulations, all 367(b) or 964(e), a proportionate reduction 367(b) or 1248 to subsequent exchanges of distributees in a transaction described must be made to the $20 of earnings and FC1 stock, the determination of the earnings in paragraph (b), (c), or (d) of this profits that was previously attributed under and profits attributable to DC1’s stock in FC1 section shall be treated as exchanging paragraph (d)(1) of this section to DC1’s stock will include a computation that refers to 40 shareholders that realize income in a in FC2. Thus, for example, if FC2 sells 50 percent of the post-reorganization earnings section 367(b) exchange. percent of its FC1 stock (at a time when there and profits of FC2 and FC3, and that refers have been no other reductions that affect the to 100 percent of the $20 of pre- (b) Distribution by a domestic $20 of FC1 earnings and profits), paragraph reorganization earnings and profits of FC3. corporation—(1) General rule. In a (d)(2) of this section requires DC1 to The earnings and profits attributable to FC1’s distribution described in section 355, if proportionately reduce the $20 of earnings stock in FC2 will not include any of the $40 the distributing corporation is a and profits that was previously attributed to of earnings and profits accumulated by FC2 domestic corporation and the controlled its FC2 stock (to $10). This reduction occurs prior to the transaction. Those earnings and corporation is a foreign corporation, the without regard to whether FC2 recognizes profits are attributable to DC2 under section following general rules shall apply— gain on its sale of FC1 stock. 1248. For purposes of applying section 367(b) (i) If the distributee is a corporation, Example 2—(i) Facts. The facts are the or 964(e) to subsequent exchanges of FC2 then the controlled corporation shall be same as in Example 1, except that in a stock, the determination of the earnings and reorganization described in section profits attributable to FC1’s stock in FC2 will considered to be a corporation; and 368(a)(1)(C), FC1 transfers all of its assets to include a computation that refers to 40 (ii) If the distributee is an individual, FC2 in exchange for 40 percent of FC2 stock. percent of the post-reorganization earnings then, solely for purposes of determining FC1 then distributes the stock of FC2 to DC1, and profits of FC2 and FC3, and that refers the gain recognized by the distributing and the FC1 stock held by DC1 is canceled. to 100 percent of the $20 of pre- corporation, the controlled corporation None of FC1’s assets include stock. reorganization earnings and profits of FC3. shall not be considered to be a (ii) Result. FC2’s acquisition of FC1 is not The earnings and profits attributable to FC1’s corporation, and the distributing described in paragraph (b)(1)(i), (2)(i), or (3) interest in FC2 do not include any of the $40 corporation shall recognize any gain of this section. As a result, DC1 is not of earnings and profits accumulated by FC2 (but not loss) realized on the required to include in income the section prior to the transaction. However, paragraph distribution. 1248 amount attributable to its FC1 stock and (d)(1) of this section does not apply for the rules of paragraph (d)(1) of this section purposes of applying section 367(b) or 964(e) (2) Section 367(e) transactions. The apply. Thus, for purposes of applying section to subsequent exchanges of FC3 stock by rules of paragraph (b)(1) of this section 367(b) or 1248 to subsequent exchanges, the FC2. For these purposes, the determination of shall not apply to a foreign distributee determination of the earnings and profits the earnings and profits attributable to FC2’s to the extent gain is recognized under attributable to DC1’s stock in FC2 will stock in FC3 is made under the principles of section 367(e)(1) and the regulations include a computation that refers to 40 section 1248 and, as a result, includes a thereunder. percent of the post-reorganization earnings computation that refers to the $20 of earnings (3) Determining whether distributees and profits of FC2, and that refers to 100 and profits attributable to FC2’s section are individuals. All distributees in a percent of the pre-reorganization earnings 1223(2) holding period in the FC3 stock. distribution described in paragraph and profits of FC1. The earnings and profits (B) In the event FC2 exchanges FC3 stock attributable to DC1’s stock in FC2 will not in a transaction that is subject to section (b)(1) of this section are presumed to be include any of the $40 of earnings and profits 367(b) or 964(e), a proportionate reduction individuals. However, the shareholder accumulated by FC2 prior to the transaction. must be made to the $20 of earnings and identification principles of § 1.367(e)– Those earnings and profits are attributable to profits that was previously attributed under 1(d) (including the reporting procedures DC2 under section 1248. paragraph (d)(1) of this section to DC1’s stock in § 1.367(e)–1(d)(2) and (3)) shall apply Example 3—(i) Facts. DC1, a domestic in FC1 (for purposes of subsequent for purposes of rebutting this corporation, owns all of the outstanding application of section 367(b) or 1248) as well presumption. stock of FC1, a foreign corporation. FC1 owns as to FC1’s stock in FC2 (for purposes of (4) Applicable cross-references. For all of the outstanding stock of FC3, a foreign subsequent application of section 367(b) or rules with respect to a distributee that corporation. DC1 has owned all of the stock 964(e)). Thus, for example, if FC2 sells 50 of FC1 since FC1’s formation, and FC1 has percent of its FC3 stock (at a time when there is a partnership, trust or estate, see owned all of the stock of FC3 since FC3’s have been no other reductions that affect the § 1.367(b)–2(k). For additional rules formation. FC3 has $20 of earnings and $20 of FC3 earnings and profits), paragraph relating to a distribution of stock of a profits, all of which is eligible for inclusion (d)(2) of this section requires DC1 and FC1 foreign corporation by a domestic in the section 1248 amount attributable to to proportionately reduce the $20 of earnings corporation, see section 1248(f) and the

VerDate 042000 12:17 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\24JAR1.SGM pfrm03 PsN: 24JAR1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Rules and Regulations 3607 regulations thereunder. For additional corporation is not distributed pro rata to controlled by it immediately before the rules relating to a distribution described each of the distributing corporation’s distribution (the controlled group), as in section 355 by a domestic corporation shareholders. the case may be, under the principles of to a foreign distributee, see section (2) Treatment of certain shareholders §§ 1.1248–1(d)(3), 1.1248–2 and 1.1248– 367(e)(1) and the regulations as distributees. For purposes of the 3. However, the predistribution amount thereunder. section 367(b) regulations, all persons with regard to the distributing group (c) Pro rata distribution by a owning stock of the distributing shall be computed without taking into controlled foreign corporation—(1) corporation immediately after a account the distributee’s predistribution Scope. This paragraph (c) applies to a transaction described in paragraph amount with respect to the controlled distribution described in section 355 in (d)(1) of this section shall be treated as group. which the distributing corporation is a distributees of such stock. For other (2) Postdistribution amount. For controlled foreign corporation and in applicable rules, see paragraph (a)(2) of purposes of this section, the which the stock of the controlled this section. postdistribution amount with respect to corporation is distributed pro rata to (3) Inclusion of excess section 1248 a distributing or controlled corporation each of the distributing corporation’s amount by exchanging shareholder. If is the distributee’s section 1248 amount shareholders. the distributee’s postdistribution (as defined in § 1.367(b)–2(c)(1)) with (2) Adjustment to basis in stock and amount (as defined in paragraph (e)(2) respect to such stock, computed income inclusion. If the distributee’s of this section) with respect to the immediately after the distribution (but postdistribution amount (as defined in distributing or controlled corporation is without regard to paragraph (c) or (d) of paragraph (e)(2) of this section) with less than the distributee’s this section (whichever is applicable)). respect to the distributing or controlled predistribution amount (as defined in The postdistribution amount under this corporation is less than the distributee’s paragraph (e)(1) of this section) with paragraph (e)(2) shall be computed predistribution amount (as defined in respect to such corporation, then the before taking into account the effect (if paragraph (e)(1) of this section) with distributee shall include in income as a any) of any inclusion under section respect to such corporation, then the deemed dividend the amount of the 356(a) or (b). distributee’s basis in such stock difference. For purposes of this (f) Exclusion of deemed dividend from immediately after the distribution paragraph (d)(3), if a distributee owns foreign personal holding company (determined under the normal no stock in the distributing or controlled income. In the event an amount is principles of section 358) shall be corporation immediately after the included in income as a deemed reduced by the amount of the difference. distribution, the distributee’s dividend by a foreign corporation under However, the distributee’s basis in such postdistribution amount with respect to paragraph (c) or (d) of this section, such stock shall not be reduced below zero, such corporation shall be zero. deemed dividend shall not be included and to the extent the foregoing (4) Interaction with § 1.367(b)— as foreign personal holding company reduction would have reduced basis 2(e)(3)(ii)—(i) Limited application. The income under section 954(c). below zero, the distributee shall instead basis increase provided in § 1.367(b)— (g) Examples. The following examples include such amount in income as a 2(e)(3)(ii) shall apply to a deemed illustrate the rules of this section: deemed dividend from such dividend that is included in income corporation. pursuant to paragraph (d)(3) of this Example 1—(i) Facts. USS, a domestic corporation, owns 40 percent of the (3) Interaction with § 1.367(b)–2(e)(3)(ii).section only to the extent that such basis outstanding stock of FD, a controlled foreign The basis increase provided in increase does not increase the corporation (CFC). USS has owned the stock § 1.367(b)–2(e)(3)(ii) shall not apply to a distributee’s basis above the fair market since FD was incorporated, and FD has deemed dividend that is included in value of such stock and does not always been a CFC. USS has a basis of $80 income pursuant to paragraph (c)(2) of diminish the distributee’s in its FD stock, which has a fair market value this section. postdistribution amount with respect to of $200. FD owns 100 percent of the (4) Basis redistribution. If a distributee such corporation. outstanding stock of FC, a foreign reduces the basis in the stock of the (ii) Interaction with predistribution corporation. FD has owned the stock since distributing or controlled corporation amount. For purposes of this paragraph FC was incorporated. Neither FD nor FC own (or has an inclusion with respect to such (d), the distributee’s predistribution stock in any other corporation. FD has earnings and profits of $0 and a fair market stock) under paragraph (c)(2) of this amount (as defined in paragraph (e)(1) value of $250 (not considering its ownership section, the distributee shall increase its of this section) shall be determined of FC). FC has earnings and profits of $300, basis in the stock of the other without regard to any basis increase none of which is described in section corporation by the amount of the basis permitted under paragraph (d)(4)(i) of 1248(d), and a fair market value of $250. In decrease (or deemed dividend this section. a pro rata distribution described in section inclusion) required by paragraph (c)(2) (e) Definitions—(1) Predistribution 355, FD distributes to USS stock in FC worth of this section. However, the amount. For purposes of this section, $100; thereafter, USS’s FD stock is worth distributee’s basis in such stock shall the predistribution amount with respect $100 as well. to a distributing or controlled (ii) Result—(A) FD’s distribution is a not be increased above the fair market transaction described in paragraph (c)(1) of value of such stock and shall not be corporation is the distributee’s section this section. Under paragraph (c)(2) of this increased to the extent the increase 1248 amount (as defined in § 1.367(b)— section, USS must compare its diminishes the distributee’s 2(c)(1)) computed immediately before predistribution amounts with respect to FD postdistribution amount with respect to the distribution (and after any section and FC to its respective postdistribution such corporation. 368(a)(1)(D) transfer connected with the amounts. Under paragraph (e)(1) of this (d) Non-pro rata distribution by a section 355 distribution), but only to the section, USS’s predistribution amount with controlled foreign corporation—(1) extent that such amount is attributable respect to FD or FC is its section 1248 Scope. This paragraph (d) applies to a to the distributing corporation and any amount computed immediately before the distribution, but only to the extent such distribution described in section 355 in corporations controlled by it amount is attributable to FD or FC. Under which the distributing corporation is a immediately before the distribution (the § 1.367(b)–2(c)(1), USS’s section 1248 controlled foreign corporation and in distributing group) or the controlled amount computed immediately before the which the stock of the controlled corporation and any corporations distribution is $120, all of which is

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In the case would have recognized $120 of gain ($200 (ii) Result—(A) FD’s distribution is a of USS1, there is no difference between the fair market value $80 basis). All of the gain transaction described in paragraph (d)(1) of two amounts with respect to its FD stock. would have been treated as a dividend under this section. Under paragraph (d)(2) of this However, USS1’s postdistribution amount section 1248, and all of the section 1248 section, USS1 is considered a distributee of with respect to FC is $250 less than its amount would have been attributable to FC FD stock. Under paragraph (d)(3) of this predistribution amount. Accordingly, under (based on USS’s pro rata share of FC’s section, USS1 and USS2 must compare their paragraph (d)(3) of this section, USS1 is earnings and profits (40 percent × $300)). predistribution amounts with respect to FD required to include $250 in income as a (B) Under paragraph (e)(2) of this section, and FC stock to their respective deemed dividend. Under § 1.367(b)–2(e)(2), USS’s postdistribution amount with respect postdistribution amounts. Under paragraph the $250 deemed dividend is considered as to FD or FC is its section 1248 amount with (e)(1) of this section, USS1’s predistribution having been paid by FC to FD, and by FD to respect to such corporation, computed amount with respect to FD or FC is USS1’s USS1, immediately prior to the distribution. immediately after the distribution (but section 1248 amount computed immediately This deemed dividend increases USS1’s basis without regard to paragraph (c) of this before the distribution, but only to the extent in FD ($500 + $250 = $750). section). Under § 1.367(b)–2(c)(1), USS’s such amount is attributable to FD or FC. section 1248 amounts computed immediately USS2’s predistribution amount is determined § 1.367(b)±6 Effective dates and after the distribution with respect to FD and in the same manner. Under § 1.367(b)–2(c)(1), coordination rules. FC are $60 and $0, respectively. These USS1 and USS2 each have a section 1248 (a) Effective date—(1) In general. amounts, which are USS’s postdistribution amount computed immediately before the distribution of $250, all of which is Sections 1.367(b)–1 through 1.367(b)–5, amounts, are computed as follows: Under the and this section, apply to section 367(b) normal principles of section 358, USS attributable to FC. Thus, USS1 and USS2 allocates its $80 predistribution basis in FD each have a predistribution amount with exchanges that occur on or after between FD and FC according to the stock respect to FD of $0, and each have a February 23, 2000. blocks’ relative values, yielding a $40 basis predistribution amount with respect to FC of (2) Exception. A taxpayer may, in each block. If USS sold its FD stock $250. These amounts are computed as however, elect to have §§ 1.367(b)–1 immediately after the distribution, none of follows: If either USS1 or USS2 had sold its through 1.367(b)–5, and this section, FD stock immediately before the transaction, the resulting gain would be treated as a apply to section 367(b) exchanges that it would have recognized $250 of gain ($750 dividend under section 1248. If USS sold its fair market value—$500 basis). All of the gain occur (or occurred) before February 23, FC stock immediately after the distribution, would have been treated as a dividend under 2000, if the due date for the taxpayer’s it would have a $60 gain ($100 fair market section 1248, and all of the section 1248 timely filed Federal tax return value—$40 basis), all of which would be amount would have been attributable to FC (including extensions) for the taxable treated as a dividend under section 1248. (based on USS1’s and USS2’s pro rata shares (C) The basis adjustment and income year in which the section 367(b) of FC’s earnings and profits (50 percent x exchange occurs (or occurred) is after inclusion rules of paragraph (c)(2) of this $500)). section apply to the extent of any difference February 23, 2000. The election under (B) Under paragraph (d)(3) of this section, this paragraph (a)(2) will be valid only between USS’s postdistribution and a distributee that owns no stock in the predistribution amounts. In the case of FD, distributing or controlled corporation if— there is no difference between the two immediately after the distribution has a (i) The electing taxpayer makes the amounts and, as a result, no adjustment or postdistribution amount with regard to that election on a timely filed section 367(b) income inclusion is required. In the case of stock of zero. Accordingly, USS2 has a notice; FC, USS’s postdistribution amount is $60 less postdistribution amount of $0 with respect to (ii) In the case of an exchanging than its predistribution amount. Accordingly, FD and USS1 has a postdistribution amount shareholder that is a foreign under paragraph (c)(2) of this section, USS is of $0 with respect to FC. Under paragraph corporation, the election is made on the required to reduce its basis in its FC stock (e)(2) of this section, USS1’s postdistribution from $40 to $0 and include $20 in income section 367(b) notice that is filed by amount with respect to FD is its section 1248 each of its shareholders listed in as a deemed dividend from FC. Under amount with respect to such corporation, paragraph (c)(3) of this section, the basis computed immediately after the distribution § 1.367(b)–1(c)(3)(ii); and increase provided in § 1.367(b)–2(e)(3)(ii) (but without regard to paragraph (d) of this (iii) The electing taxpayer provides does not apply with regard to the $20 section). USS2’s postdistribution amount notice of the election to all corporations deemed dividend. Under the rules of with respect to FC is determined in the same (or their successors in interest) whose paragraph (c)(4) of this section, USS manner. Under § 1.367(b)–2(c)(1), USS1’s earnings and profits are affected by the increases its basis in FD by the amount by section 1248 amount computed immediately election on or before the date the section which it decreased its basis in FC, as well as after the distribution with respect to FD is $0 367(b) notice is filed. by the amount of its deemed dividend and USS2’s section 1248 amount computed (b) Certain recapitalizations described inclusion ($40 + $40 + $20 = $100). immediately after the distribution with Example 2—(i) Facts. USS1 and USS2, in § 1.367(b)–4(b)(3). In the case of a respect to FC is $250. These amounts, which recapitalization described in § 1.367(b)– domestic corporations, each own 50 percent are USS1’s and USS2’s postdistribution of the outstanding stock of FD, a controlled amounts, are computed as follows: After the 4(b)(3) that occurred prior to July 20, foreign corporation (CFC). USS1 and USS2 non-pro rata distribution, USS1 owns all the 1998, the exchanging shareholder shall have owned their FD stock since it was stock of FD and USS2 owns all the stock of include the section 1248 amount on its incorporated, and FD has always been a CFC. FC. If USS1 sold its FD stock immediately tax return for the taxable year that USS1 and USS2 each have a basis of $500 in after the distribution, none of the resulting includes the exchange described in their FD stock, and the fair market value of $250 gain ($750 fair market value $500 basis) § 1.367(b)–4(b)(3)(i) (and not in the each block of FD stock is $750. FD owns 100 would be treated as a dividend under section taxable year of the recapitalization), percent of the outstanding stock of FC, a 1248. If USS2 sold its FC stock immediately except that no inclusion is required if foreign corporation. FD owned the stock after the distribution, it would have a $250 since FC was incorporated. Neither FD nor gain ($750 fair market value—$500 basis), all both the recapitalization and the FC own stock in any other corporation. FD of which would be treated as a dividend exchange described in § 1.367(b)– has earnings and profits of $0 and a fair under section 1248. 4(b)(3)(i) occurred prior to July 20, 1998. market value of $750 (not considering its (C) The income inclusion rule of paragraph (c) Use of reasonable method to ownership of FC). FC has earnings and (d)(3) of this section applies to the extent of comply with prior published guidance—

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(1) Prior exchanges. The taxpayer may 7.367(b)–7, 7.367(b)–8, 7.367(b)–9, POSTAL SERVICE use a reasonable method to comply with 7.367(b)–10, 7.367(b)–11, and 7.367(b)– the following prior published guidance 13; and continues to read in part as 39 CFR Part 111 to the extent such guidance relates to follows: Barcode Requirements for Special section 367(b): Notice 88–71 (1988–2 Authority: 26 U.S.C. 7805 * * * C.B. 374); Notice 89–30 (1989–1 C.B. Services Labels 670); and Notice 89–79 (1989–2 C.B. Par. 11. Sections 7.367(b)–1 through AGENCY: Postal Service. 7.367(b)–11 and 7.367(b)–13 are 392) (see § 601.601(d)(2) of this chapter). ACTION: Final rule. This rule applies to section 367(b) removed as of February 23, 2000. SUMMARY: exchanges that occur (or occurred) Par. 12. Section 7.367(b)–12 is The Postal Service has redesigned the following special before February 23, 2000, or, if a amended by revising paragraph (a) to services forms and labels: PS Form taxpayer makes the election described read as follows: in paragraph (a)(2) of this section, for 3800, Receipt for Certified Mail; PS section 367(b) exchanges that occur (or § 7.367(b)±12 Subsequent treatment of Form 3813–P, Receipt for Insured occurred) before the date described in amounts attributed or included in income Mail—Domestic—International; PS paragraph (a)(2) of this section. This (temporary). Form 8099, Receipt for Recorded Delivery; Label 200, Registered Mail; rule also applies to section 367(b) (a) Application. This section applies and PS Form 3804, Return Receipt for exchanges and distributions described to distributions with respect to, or a Merchandise. In addition to the current in paragraph (d) of this section. disposition of, stock— (2) Future exchanges. Section 367(b) Optical Character Reader font on the exchanges that occur on or after (1) To which, in connection with an labels, the Postal Service is placing February 23, 2000, (or, if a taxpayer exchange occurring before February 23, formatted barcodes. The USS–128 makes the election described in 2000, an amount has been attributed Subset A format barcode will be used on paragraph (a)(2) of this section, for pursuant to § 7.367(b)–9 or 7.367(b)–10 all USPS-printed retail labels for section 367(b) exchanges that occur on (as in effect prior to February 23, 2000; insured mail, recorded delivery mail, or after the date described in paragraph see 26 CFR Part 1 revised as of April 1, and registered mail. The USS Code 128 (a)(2) of this section) are governed by 1999); or Subset C format will be used on all the section 367(b) regulations and, as a (2) In respect of which, before USPS-printed retail labels for certified result, paragraph (c)(1) of this section February 23, 2000, an amount has been mail and return receipt for merchandise. shall not apply. included in income or added to earnings Customer-generated labels for these (d) Effect of removal of attribution and profits pursuant to § 7.367(b)–7 or services will be either USS Code 128 or rules. To the extent that the rules under 7.367(b)–10 (as in effect prior to USS I 2 of 5 barcode format. Vendors §§ 7.367(b)–9 and 7.367(b)–10(h) of this February 23, 2000); see 26 CFR Part 1 and mailers preparing customer- chapter, as in effect prior to February revised as of April 1, 1999). generated labels will be required to comply with these requirements for 23, 2000 (see 26 CFR part 1, revised as * * * * * of April 1, 1999), attributed earnings special service labels by June 10, 2000. and profits to the stock of a foreign PART 602ÐOMB CONTROL NUMBERS This final rule sets forth the new corporation in connection with an UNDER THE PAPERWORK Domestic Mail Manual (DMM) and exchange described in section 351, 354, REDUCTION ACT International Mail Manual (IMM) 355, or 356 before February 23, 2000, language. the foreign corporation shall continue to Par. 13. The authority citation for part DATES: Effective January 24, 2000. All be subject to the rules of § 7.367(b)–12 602 continues to read as follows: parties must comply with this final rule of this chapter in the event of any by June 10, 2000. Authority: 26 U.S.C. 7805. subsequent exchanges and distributions FOR FURTHER INFORMATION CONTACT: with respect to such stock, Par. 12. In § 602.101, paragraph (b) is Mary Shriver, (202) 268–6554. notwithstanding the fact that such amended in the table by adding an entry SUPPLEMENTARY INFORMATION: On subsequent exchange or distribution in numerical order to read as follows: October 6, 1999, the Postal Service occurs on or after the effective date § 602.101 OMB Control numbers. published in the Federal Register a described in paragraph (a) of this proposed rule seeking public comment section. * * * * * on a proposal to require barcodes on §§ 1.367(b)±7 through 1.367(b)±9 (b) * * * special services labels. The Postal [Removed] Service received responses from mailers CFR part or section Par. 8. Sections 1.367(b)–7 through Current OMB control offering comments, but only on the where identified and technical specifications in the proposed 1.367(b)–9 are removed. described No. rule. Five comments were submitted on Par. 9. Section 1.381(b)–1, paragraph label dimensions and sizes, four (a)(1), the second sentence is amended ***** concerned printing specifics, two by removing the reference ‘‘7.367(b)– 1.367(b)±1 ...... 1545±1271 expressed uncertainty about the 1(e)’’ and adding ‘‘1.367(b)–2(f)’’ in its ***** required label stock, nine inquired on place. John M. Dalrymple, barcode specifics, and three sought clarification of compliance procedures. PART 7ÐTEMPORARY INCOME TAX Acting Deputy Commissioner of Internal REGULATIONS UNDER THE TAX Revenue. In order to address the highly specific nature of comments received regarding REFORM ACT OF 1976 Approved: December 22, 1999. the technical specifications of barcodes Par. 10. The authority citation for part Jonathan Talisman, for the new special services labels, the 7 is amended by removing the entries Acting Assistant Secretary of the Treasury. Postal Service is responding to each for §§ 7.367(b)–1, 7.367(b)–2, 7.367(b)– [FR Doc. 00–1377 Filed 1–21–00; 8:45 am] respondent’s comments or concerns 3, 7.367(b)–4, 7.367(b)–5, 7.367(b)–6, BILLING CODE 4830±01±U individually by letter.

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This final rule gives notice of In the event that barcode print quality 3.4 Label 200 classification changes to implement falls out of tolerance on privately (Amend 3.4 to include new barcode barcoded special services labels. The printed labels after approval has been requirements to read as follows:) Postal Service has invested in an granted, the vendor or label producer information technology infrastructure will be contacted by USPS, and an effort Registered mail must bear a barcoded that includes the capability to scan will be made to jointly resolve the red Label 200 (see Exhibit 3.4). The barcodes upon delivery. To maximize problem. Should circumstances warrant, label must be placed above the delivery the cost-effectiveness of this the printing and use of mailer-printed address and to the right of the return infrastructure and to achieve long- labels may be discontinued until a address, or to the left of the delivery standing goals for improved customer vendor or label producer’s printer(s) is address on parcels. Any large-volume information management, the Postal re-certified. mailer can obtain Label 200 in rolls of 100. Service has implemented a barcode Publication 109, Special Services system for specific special services like Technical Guide, has been created to the one for Delivery Confirmation and provide greater detail for label Signature Confirmation services. The specifications, barcode symbology, label affected special services include certification, and service type codes, certified mail, insured mail, recorded instead of adding such specifications to ER24JA00.000 delivery mail, registered mail, and the DMM, as proposed October 6, 1999. return receipt for merchandise. The Publication 109 has been developed to infrastructure will be used as part of the provide mailers with a handbook Postal Service plan to optically scan and containing detailed information on how electronically store recipient signatures. to produce their own special services The new retail label deployment for barcoded labels. Private printers (Redesignate current 3.5 through 3.9 these special services began in January producing special services labels must as 3.6 through 3.10. Insert new 3.5 to 2000. adhere to the standards set forth by the read as follows:) Barcodes on special services labels U.S. Postal Service and found in 3.5 Privately Printed Label 200 will be scanned at acceptance and at Publication 109. delivery, and an electronic record will For the reasons discussed above, the If authorized, a mailer may use a be created for each mailpiece. If the privately printed Label 200, Registered customer is not home to sign for Postal Service is not amending the DMM with respect to the technical Mail, for domestic mail only. Privately delivery, the carrier will leave a PS printed labels must be nearly identical Form 3849, Delivery Notification/ specifications included in the October 6 proposed rule. Instead, the Postal in design and color to the USPS form, Reminder/Receipt, to inform the with a barcode and human-readable customer that a mailpiece is waiting for Service hereby adopts the following amendments to the Domestic Mail numbers that meet USPS specifications pickup at the local office. The barcoded in Publication 109. A minimum of three mailpiece will be scanned as an Manual and International Mail Manual (IMM), which are incorporated by preproduction samples must be attempted delivery. submitted to the business mail entry Mailers may use either of these reference in the Code of Federal Regulations (see 39 CFR Part 111). manager serving the mailer’s location special services label options: for review by the mailpiece design a. USPS-printed forms obtained from a post PART 111Ð[AMENDED] analyst. Once approved, the mailer must office at no charge. print sample labels with barcodes to be b. Privately printed forms that are nearly identical in design to USPS-printed special 1. The authority citation for 39 CFR certified under the technical services forms (as authorized by USPS). Part 111 continues to read as follows: requirements in Publication 109. Privately printed barcoded labels must meet Authority: 5 U.S.C. 552(a), 39 U.S.C. 101, * * * * * the requirements in Publication 109, Special 401, 403, 404, 414, 3001–3011, 3201–3219, S912 Certified Mail Services Technical Guide. 3403–3406, 3621, 3626, 5001. * * * * * Vendors or producers of privately 2. Amend the following sections of printed labels will need to receive the Domestic Mail Manual (DMM) as set 2.0 MAILING certification of their labels from the forth below: National Customer Support Center * * * * * S SPECIAL SERVICES (NCSC), as described in Publication 109. 2.3 Form 3800 To receive certification, a vendor or * * * * * label producer must supply for (Amend 2.3 to include barcode evaluation and approval a sample that S900 Special Postal Services requirements to read as follows:) includes 20 barcoded labels generated S910 Security and Accountability Certified mail must bear a barcoded by each printing process or printing green Form 3800, Receipt for Certified device to be used. The sample is sent to: S911 Registered Mail Mail (see Exhibit 2.3). The label part of Barcode Certification, National * * * * * the form must be placed above the Customer Support Center, 6060 Primacy delivery address and to the right of the Parkway Ste 201, Memphis TN 38188– 3.0 MAILING return address, or to the left of the 0001. * * * * * delivery address on parcels.

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2.4 Privately Printed Form 3800 labels with barcodes to be certified shown in Exhibit 2.3. This marking (Amend 2.4 by adding requirements under the technical requirements in must be placed above the delivery for privately printed Form 3800 to read Publication 109. address and to the right of the return as follows:) * * * * * address. If authorized, a mailer may use a S913 Insured Mail b. Insured for more than $50: Each privately printed Form 3800, Receipt for parcel must have barcoded Form 3813– Certified Mail. The privately printed * * * * * P, Receipt for Insured Mail, shown in form must be nearly identical in design, 2.0 MAILING Exhibit 2.3, affixed above the delivery color, and fluorescent properties to the address and to the right of the return USPS form with a barcode and human * * * * * address. Form 3813–P must not be used readable numbers that meet the USPS 2.3 Markings and Use of Form 3813– for parcels insured for $50 or less. specifications in Publication 109. A P c. All insured parcels, regardless of minimum of three preproduction insurance amount, must be postmarked The treatment of parcels is samples must be submitted to the unless a postage meter stamp or permit determined by the insurance amount: business mail entry manager serving the imprint is used to pay postage. mailer’s location for review by the a. Insured for $50 or less: Each parcel mailpiece design analyst. Once must be stamped on the address side Exhibit 2.3 Insurance Endorsements, approved, the mailer must print sample with an elliptical insured marking as Form 3813–P

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2.4 Privately Printed Form 3813–P business mail entry manager serving the 2.0 MAILING mailer’s location for review by the (Amend 2.4 by adding requirements mailpiece design analyst. Once (Add new 2.4 and 2.5. Renumber for privately printed Form 3813–P to approved, the mailer must print sample current 2.4 as 2.6.) read as follows:) labels with barcodes to be certified 2.4 Form 3804 If authorized, a mailer may use a under the technical requirements in privately printed Form 3813–P, Receipt Publication 109. Return receipt for merchandise mail for Insured Mail, for domestic mail only. * * * * * must bear a barcoded brown Form 3804 The privately printed form must be (see Exhibit 2.4). The label part of the nearly identical in design and color to S917 Return Receipt for Merchandise form and the endorsement ‘‘Return the USPS form with a barcode and 1.0 BASIC INFORMATION human readable numbers that meet the Receipt Requested’’ must be placed USPS specifications in Publication 109. (Delete 1.4 and 1.5. Renumber 1.6 as above the delivery address and to the A minimum of three preproduction 1.4.) right of the return address, or to the left samples must be submitted to the * * * * * of the delivery address on parcels.

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2.5 Privately Printed Form 3804 Exhibit 2.1 Form 3816, COD Mailing Insured Mail—Domestic-International and Delivery Receipt (label), provides a numbered insurance If authorized, a mailer may use a (Label will appear in DMM.) label for the parcel and an identically privately printed Form 3804, Return numbered mailing receipt for the * * * * * Receipt for Merchandise. The privately sender. The receipt is issued to the printed form must be nearly identical in 3.0 MAILING sender as proof of mailing and proof of design and color to the USPS form with * * * * * payment of insurance fee. For volume a barcode and human readable numbers (Amend title of 3.2 to read as follows:) mailers, use PS Form 3877, Firm that meet the USPS specifications in Mailing Book for Accountable Mail, as Publication 109. A minimum of three 3.2 Numbering for Large Volumes sender’s receipt. Only labels printed by preproduction samples must be (Revise 3.2 to read as follows:) the Postal Service may be used on submitted to the business mail entry A mailer who regularly mails a large international insured mail. manager serving the mailer’s location volume of COD mail must ensure that a * * * * * for review by the mailpiece design unique COD number is used for each 330 Registered Mail analyst. Once approved, the mailer must article mailed. print sample labels with barcodes to be * * * * * PART 20Ð[AMENDED] certified under the technical 334 Processing Requests requirements in Publication 109. 1. The authority citation for 39 CFR 334.1 Mailing Receipt and Registration * * * * * part 20 continues to read as follows: Number S921 Collect on Delivery (COD) Mail Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408. (Amend heading and text of 334.11 to * * * * * 2. Amend the following sections of read as follows:) 2.0 COD FORMS the International Mail Manual (IMM) as 334.11 General Use set forth below: 2.1 Availability and Conditions A receipt is issued for registered mail Chapter 3 Special Services when it is accepted. For individual (Amend 2.1 by adding reference to the * * * * * transactions, PS Form 3806, Receipt for barcode requirements to read as Registered Mail, is used. When an 320 Insurance follows:) average of three or more items are Mailers must complete barcoded * * * * * presented for registration at one time, Form 3816, COD Mailing and Delivery 324 Processing Requests PS Form 3877, Firm Mailing Book for Receipt (see Exhibit 2.1), and attach it Accountable Mail, may be used (see either above the delivery address and to 324.1 Mailing Receipt and Insurance DMM S911.3.8). The registered number the right of the return address, or to the Number is determined by Label 200, Registered left of the delivery address on parcels. (Amend heading and text of 324.11 to Mail, a preprinted, self-adhesive label If more than three articles are sent at a read as follows:) with a number series of nine digits preceded by a Service Type Code of two time, the mailer may use Form 3816– 324.11 General Use AS, COD Mailing and Delivery Receipt. alpha characters and followed by the All international parcels must be Country Code of two alpha characters (Add new Exhibit 2.1:) numbered. PS Form 3813–P, Receipt for ‘‘US.’’ Only labels printed by the Postal

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Service may be used on international FEDERAL COMMUNICATIONS The First Order on Reconsideration registered mail. COMMISSION streamlined the process established in * * * * * the Commission’s 1997 DISCO II Order, 47 CFR Part 25 by which non-U.S. licensed fixed- 385 Recorded Delivery [IB Docket No. 96±111; FCC 99±325] satellites providing service in the * * * * * conventional C-and Ku-bands may serve Common Carrier Services: Satellite the U.S. market. Because the 385.4 Processing Requests CommunicationsÐEarth Stations amendments to 47 CFR 25.137 imposed Operating with Non-U.S. Licensed modified information collection (Amend heading and text of 385.41 to Space Stations; Application requirements, the amendments could read as follows:) Requirements not become effective until approved by 385.41 General Use the Office of Management and Budget AGENCY: Federal Communications (‘‘OMB’’), and no sooner than December PS Form 8099, Receipt for Recorded Commission. 15, 1999. OMB approved these Delivery, is used for recorded delivery. ACTION: Final rule; announcement of amendments on December 22, 1999. Only labels printed by the Postal effective date. 2. The Federal Register summary Service may be used on recorded SUMMARY: This document announces the stated that the Commission would delivery mail. effective date of rules published in the publish a document announcing the * * * * * Federal Register on November 15, 1999. effective date of the rule changes They related to application requiring OMB approval. The Stanley F. Mires, requirements for earth stations amendments to 47 CFR 25.137 became Chief Counsel, Legislative. communicating with non-U.S. licensed effective on December 22, 1999. This [FR Doc. 00–1570 Filed 1–21–00; 8:45 am] space stations. publication satisfies the statement that the Commission would publish a BILLING CODE 7710±12±P EFFECTIVE DATES: The amendments to 47 document announcing the effective date CFR 25.137 published at 64 FR 61791 of the rule changes requiring OMB became effective on December 22, 1999. approval. FOR FURTHER INFORMATION CONTACT: Steven Spaeth, International Bureau, List of Subjects in 47 CFR Part 25 (202) 418–1539. Satellites. SUPPLEMENTARY INFORMATION: 1. On October 29, 1999, the Federal Communications Commission. Commission released a First Order on Magalie Roman Salas, Reconsideration, a summary of which Secretary. was published in the Federal Register. [FR Doc. 00–1619 Filed 1–21–00; 8:45 am] See 64 FR 61791, November 15, 1999. BILLING CODE 6712±01±P

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Proposed Rules Federal Register Vol. 65, No. 15

Monday, January 24, 2000

This section of the FEDERAL REGISTER You may also provide comments via Public Meeting contains notices to the public of the proposed the NRC’s interactive rulemaking The staff plans to hold a public issuance of rules and regulations. The website through the NRC home page meeting to obtain feedback on the purpose of these notices is to give interested (http://www.nrc.gov). This site provides persons an opportunity to participate in the proposed high-level guidelines for the capability to upload comments as rule making prior to the adoption of the final performance-based activities. The files (any format), if your web browser rules. public meeting is scheduled for March supports that function. For information 1, 2000, between 9:00 a.m. and 4:00 about the interactive rulemaking p.m., in the auditorium at the NRC NUCLEAR REGULATORY website, contact Ms. Carol Gallagher, headquarters (Two White Flint North, COMMISSION (301) 415–5905 (e-mail: [email protected]). 11545 Rockville Pike, Rockville, Documents created or received at the 10 CFR Chapter I Maryland, 20852). The public should be NRC after November 1, 1999, are also aware that another meeting concerning High-Level Guidelines for available electronically at the NRC’s efforts to risk-inform 10 CFR Part 50 is Performance-Based Activities Public Electronic Reading Room on the scheduled on February 24, 2000. That Internet at http://www.nrc.gov/NRC/ meeting, focused on reactors, will also AGENCY: Nuclear Regulatory ADAMS/index.html. From this site, the consider performance-based revisions to Commission. public can gain entry into the NRC’s 10 CFR Part 50 based on the high-level ACTION: Request for comments. Agencywide Document Access and guidelines discussed in this FRN. Management System (ADAMS), which The meeting being noticed here will SUMMARY: The Nuclear Regulatory provides text and image files of NRC’s focus on the application of high-level Commission (NRC) is requesting public public documents. For more guidelines to all regulatory activities (of comment on its proposed high-level information, contact the NRC Public which 10 CFR Part 50 would be a part) guidelines for developing performance- Document Room (PDR) Reference staff so as to make them more performance- based activities. The guidelines would at 202–634–3273 or toll-free at 1–800– based. This meeting is scheduled to be used to assess NRC regulatory 397–4209, or by email at [email protected]. occur 15 days prior to the expiration of activities for performance-based the comment period mentioned above. FOR FURTHER INFORMATION CONTACT: N. approaches. Specifically, the guidelines This will allow for an exchange of views are designed to assess whether Prasad Kadambi, (301) 415–5896, among stakeholders and the NRC staff. candidate regulatory activities are Internet: [email protected] of the Office of This interaction should be beneficial to amenable to a performance-based Nuclear Regulatory Research, U.S. the meeting participants in the approach; identify those regulatory Nuclear Regulatory Commission, development of written public activities that should utilize Washington, DC 20555–0001. comments. performance-based approaches based on SUPPLEMENTARY INFORMATION: This meeting is open to the general opportunities for regulatory public to observe or to participate by improvement; and ensure consistency Background making remarks; however, advance with the NRC’s existing high-level registration by February 1, 2000 is regulatory goals and principles. Before it In the Staff Requirements recommended. To register for uses these proposed high-level Memorandum (SRM) to SECY–99–176, attendance or to present prepared guidelines, the staff plans to hold public ‘‘Plans for Pursuing Performance-Based remarks, please contact N. Prasad meetings to obtain stakeholder input Initiatives,’’ issued on September 13, Kadambi, USNRC, telephone: (301) 415– and to meet with the Advisory 1999, the Commission directed the staff 5896; facsimile: (301) 415–5160; Committee on Reactor Safeguards to develop high-level guidelines to internet: [email protected]. (ACRS) and/or Advisory Committee on identify and assess the viability of Nuclear Waste (ACNW) to obtain their candidate performance-based activities. Discussion feedback on the guidelines. Among other things, the Commission directed the staff to develop the The high-level guidelines identified DATES: The comment period expires in this FRN are intended to be applied March 24, 2000. Comments received guidelines with input from stakeholders and program offices, and to include to future regulatory initiatives. As the after this date will be considered if it is effort to risk-inform regulatory activities discussion on how risk information practical to do so, but the Commission (for example, in the reactors and might assist in the development of is able to assure consideration only for materials areas) is performed, the high- performance-based initiatives. comments received on or before this level guidelines will be used to identify date. This Federal Register Notice (FRN) activities which can be made more ADDRESSES: Written comments may be focuses on the staff’s efforts to develop performance-based. It should be noted sent to: David L. Meyer, Chief, Rules high-level guidelines for performance- that regulatory activities that cannot be and Directives Branch, U.S. Nuclear based initiatives applicable to all NRC made risk-informed could still be made Regulatory Commission, Mail Stop T– licensees. The development and use of more performance-based. In addition, 6D59, Washington, DC 20555–0001. these guidelines will be coordinated candidates for performance-based Hand deliver comments to 11545 (including public meetings and activities may also be identified as a Rockville Pike, Rockville, MD, between workshops) with the efforts to risk- result of other mechanisms such as 7:30 a.m. and 4:15 p.m. on federal inform 10 CFR Part 50 and other proposed changes arising from workdays. regulations. stakeholder input or from petitions for

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 3616 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules rulemaking as identified in the and licensee performance exist or can be a performance-based approach) can Rulemaking Activity Plan. developed. increase public confidence. The fundamental basis for developing • For regulatory application, a • Increase effectiveness, efficiency these guidelines has been the SRM to parameter measured directly is and realism of the NRC activities and SECY–98-–44, ‘‘White Paper on Risk- preferred, although a calculation may decision-making. Informed and Performance-Based also be acceptable; it should also be • Reduce unnecessary regulatory Regulation,’’ http://www.nrc.gov/NRC/ directly related to the safety objective of burden. COMMISSION/SRM/1998–144srm.html, the regulatory activity being considered. • A reasonable test shows an overall in which the Commission provided a For example, the sub-cooling margin net benefit results from moving to a context and definition for performance- available in the reactor coolant must be performance-based approach. based approaches incorporating the calculated from the coolant’s pressure • A reasonable test would begin with following points: and temperature, which are monitored a qualitative approach to evaluate • A regulation can be either directly. whether there is merit in changing the prescriptive or performance-based. • Preferable parameters are those existing regulatory framework. When • A performance-based regulatory which licensees can readily access, or this question is approached from the approach establishes performance and are currently accessing, in real time. For perspective of existing practices in a results as the primary basis for example, monitoring of radiological mature industry, stakeholder support for regulatory decision making. effluents at some facilities is done in change may need to be obtained. • Four attributes are identified which real time. However, parameters • If stakeholder input indicates that a characterize a performance-based monitored periodically to address change in regulatory practice is likely to approach. These attributes, as discussed postulated or design basis conditions, be expensive, a much closer below, form an important part of the such as monitoring occupational examination of the benefits would be high-level guidelines which are being radiological doses, may also be used. warranted before such a change is proposed herein. • Objective criteria to assess pursued. • A performance-based approach can performance exist or can be developed. • A simplified definition of the be implemented with or without the use • Objective criteria are established overall net benefit (such as net of risk insights. based on risk insights, deterministic reduction in worker radiation exposure) The proposed high-level guidelines analyses and/or performance history. may be appropriate for weighing the are to be used to evaluate potential • Licensees would have flexibility in immediate implications of a proposed performance-based regulatory meeting the established performance change. initiatives. When the guidelines are criteria when a performance-based • The performance-based approach finalized, they will be incorporated into approach is adopted. can be incorporated into the regulatory NRC procedures and policy documents • Programs and processes used to framework. used by staff in conducting day-to-day achieve the established performance • The regulatory framework includes activities ( e.g. Management Directives). criteria would be at the licensee’s the regulation in the Code of Federal These regulatory initiatives will discretion. Regulations, the associated Regulatory complement and build upon what is • A framework exists or can be Guide, NUREG, Standard Review Plan, accomplished through risk-informed developed such that performance Technical Specification, or inspection initiatives, including the effort to risk- criteria, if not met, will not result in an guidance. A feasible performance-based inform 10 CFR Part 50. Further, with immediate safety concern. approach would be one which can be successive application of the guidelines, • A sufficient safety margin exists. directed specifically at changing one, it is anticipated that the staff will be • Time is available for taking some, or all of these components. able to reassess the utility of the corrective action to avoid the safety • The performance-based approach guidelines such that they will evolve concern. would accommodate new technology. and improve over time. • The licensee is capable of detecting • The incentive to consider a and correcting performance degradation. performance-based approach may arise High-Level Guidelines from development of new technologies The following proposed guidelines B. Guidelines to Assess Performance- (such as advanced non-destructive are being proposed such that they can Based Regulatory Improvement evaluation techniques) as well as be applied in the reactor, materials, and If a more performance-based approach difficulty stemming from technological waste arenas. The nature of the is deemed to be viable based on the changes in finding spare components regulated activity would determine guidelines in (A) above, then the and parts. which guidelines apply and the extent regulatory activity would be evaluated • Advanced technologies may of the application. against the following set of guidelines to provide more economical solutions to a determine whether, on balance, after an regulatory issue, justifying A. Guidelines to Assess Viability integrated consideration of these consideration of a performance-based The NRC will apply the following guidelines, there are opportunities for approach. guidelines (which are based on the four regulatory improvement: C. Guidelines to Assure Consistency attributes in the White Paper) to assess • Maintain safety, protect the With Other Regulatory Principles whether a more performance-based environment and the common defense approach is viable for any given new and security. A proposed change to a more regulatory initiative. This assessment • The level of conservatism and performance-based approach needs to would be applied on a case-by-case uncertainty in the supporting analyses be consistent and coherent with other basis and would be based on an would be assessed to ensure adequate overriding goals, principles and integrated consideration of the safety margins. approaches involving the NRC’s individual guidelines. The guidelines • Increase public confidence. regulatory process. The main sources of are listed below: • An assessment would be made to these principles are the Principles of • Measurable (or calculable) determine if the emphasis on results Good Regulation, the Probabilistic Risk parameters to monitor acceptable plant and objective criteria (characteristics of Assessment (PRA) Policy Statement, the

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Regulatory Guide 1.174, ‘‘An Approach should introduction of more realism be DEPARTMENT OF TRANSPORTATION for Using PRA in Risk-Informed attempted? Federal Aviation Administration Decisions on Plant-Specific Changes to b. What level of conservatism (safety the Licensing Basis,’’ and the NRC’s margin) needs to be built into a 14 CFR Part 39 Strategic Plan. Consistent with the high- performance criterion to avoid facing an level at which the guidance described immediate safety concern if the criterion [Docket No. 99±NM±360±AD] above has been articulated, specific is not met? factors which need to be addressed in RIN 2120±AA64 each case (such as defense in depth and c. Recognizing that performance Airworthiness Directives; Israel treatment of uncertainties) would criteria can be set at different levels in Aircraft Industries, Ltd., Model 1125 depend on the particular regulatory a hierarchy (e.g., component, train, Westwind Astra and Astra SPX Series issues involved. system, release, dose), on what basis is Airplanes an appropriate level in the hierarchy Additional Information selected for setting performance-based AGENCY: Federal Aviation The staff’s proposed high-level requirements, and what is the Administration, DOT. guidelines reflect a measure of appropriate level of conservatism for ACTION: Notice of proposed rulemaking specificity designed to stimulate each tier in the hierarchy? (NPRM). reactions, concerns, and views on the d. Who would be responsible for more detailed consideration or SUMMARY: This document proposes the underpinnings of a set of high-level proposing and justifying the acceptance adoption of a new airworthiness guidelines. In no way should this limits and adequacy of objective directive (AD) that is applicable to all specificity be construed as an indication criteria? Israel Aircraft Industries, Ltd., Model that the NRC has established any firm e. What are examples of performance- 1125 Westwind Astra and Astra SPX position regarding these guidelines. The based objectives that are not amenable series airplanes. This proposal would NRC invites advice and to risk analyses such as PRA or require replacement of the existing recommendations from all interested Integrated Safety Assessment? pneumatic de-icing boot pressure persons on all aspects of its proposal. In indicator switch with a newly designed f. In the context of risk-informed addition, comments and supporting switch. This proposal is prompted by an regulation, to what extent should reasons are particularly requested in the occurrence on a similar airplane model performance criteria account for following areas: in which the pneumatic de-icing boot (1) Clarity and specificity of the potential risk from beyond-design-basis indication light may have provided the guidelines; accidents (i.e., severe accidents)? flightcrew with misleading information a. Are the proposed guidelines (4) Identification and use of as to the proper functioning of the de- appropriate and clear? measurable (or calculable) parameters; icing boots. The actions specified by the b. Are there additional guidelines that a. How and by whom are performance proposed AD are intended to prevent ice would improve clarity and specificity? parameters to be determined? accumulation on the airplane leading c. How does the ‘‘high-level’’ nature edges, which could result in reduced of the guidelines affect the clarity and b. How do you decide what a relevant controllability of the airplane. performance parameter is? specificity of the guidelines? DATES: Comments must be received by (2) Implementation of the guidelines; c. How much uncertainty can be February 23, 2000. a. What guidelines, if any, are tolerated in the measurable or mandatory for an activity to qualify as ADDRESSES: Submit comments in calculated parameters? a performance-based initiative? triplicate to the Federal Aviation b. What is the best way to implement (5) Pilot projects; Administration (FAA), Transport Airplane Directorate, ANM–114, these guidelines? a. Would undertaking pilot projects in Attention: Rules Docket No. 99–NM– c. How should the Backfit Rule apply the reactor, materials, and waste arenas to the implementation of performance- 360–AD, 1601 Lind Avenue, SW., provide beneficial experience before Renton, Washington 98055–4056. based approaches? finalizing the guidelines? d. Should these guidelines be applied Comments may be inspected at this to all types of activity, e.g., should they b. What should be the relationship location between 9:00 a.m. and 3:00 be applied to petitions for rulemaking? between any such pilot projects and p.m., Monday through Friday, except e. Should these guidelines only be those being implemented to risk-inform Federal holidays. applied to new regulatory initiatives? the regulations? Information concerning this proposal may be examined at the FAA, Transport f. Will these guidelines be effective in Dated at Rockville, Maryland, this 14th day Airplane Directorate, 1601 Lind determining whether we can make a of January, 2000. regulatory initiative more performance- Avenue, SW., Renton, Washington. For the Nuclear Regulatory Commission. based? The staff proposes that these FOR FURTHER INFORMATION CONTACT: guidelines be added to our Management Charles E. Rossi, Norman B. Martenson, Manager, Directives such that whenever the NRC Director Division of Systems Analysis and International Branch, ANM–116, FAA, is involved in a rulemaking, or changing Regulatory Effectiveness, Office of Nuclear Transport Airplane Directorate, 1601 a regulatory guide or branch technical Regulatory Research. Lind Avenue, SW., Renton, Washington position, etc., we will consider the [FR Doc. 00–1572 Filed 1–21–00; 8:45 am] 98055–4056; telephone (425) 227–2110; option of making it more performance- BILLING CODE 7590±01±P fax (425) 227–1149. based. SUPPLEMENTARY INFORMATION: (3) Establishment of objective performance criteria; Comments Invited a. In moving to performance-based Interested persons are invited to requirements, should the current level participate in the making of the of conservatism be maintained or proposed rule by submitting such

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 3618 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules written data, views, or arguments as Based on an NTSB Safety other data regarding the economic they may desire. Communications shall Recommendation, the FAA reviewed aspect of this proposal. identify the Rules Docket number and the pneumatic de-icing boot system Regulatory Impact be submitted in triplicate to the address designs for airplanes operated under specified above. All communications parts 121 and 135 of the Federal The regulations proposed herein received on or before the closing date Aviation Regulations to ensure that the would not have a substantial direct for comments, specified above, will be pneumatic pressure threshold at which effect on the States, on the relationship considered before taking action on the each de-icing boot indication light is between the national Government and proposed rule. The proposals contained designed to illuminate is sufficient the States, or on the distribution of in this notice may be changed in light pressure for effective operation of the power and responsibilities among the of the comments received. pneumatic de-icing boots. The FAA has various levels of government. Therefore, Comments are specifically invited on determined that the pneumatic de-icing it is determined that this proposal the overall regulatory, economic, boot pressure indicator switch located would not have federalism implications environmental, and energy aspects of on the flight deck of Model 1125 under Executive Order 13132. the proposed rule. All comments Westwind Astra and Astra SPX series For the reasons discussed above, I submitted will be available, both before airplanes may allow the flight deck certify that this proposed regulation (1) and after the closing date for comments, indication light to illuminate at a lower is not a ‘‘significant regulatory action’’ in the Rules Docket for examination by pressure [13 pounds per square inch under Executive Order 12866; (2) is not interested persons. A report gage (psig)] than the pressure required a ‘‘significant rule’’ under the DOT summarizing each FAA-public contact to fully inflate the de-icing boots (15 Regulatory Policies and Procedures (44 concerned with the substance of this psig). This condition, if not corrected, FR 11034, February 26, 1979); and (3) if proposal will be filed in the Rules could result in ice accumulation on the promulgated, will not have a significant Docket. airplane leading edges, which could economic impact, positive or negative, Commenters wishing the FAA to result in reduced controllability of the on a substantial number of small entities acknowledge receipt of their comments airplane. under the criteria of the Regulatory submitted in response to this notice Flexibility Act. A copy of the draft must submit a self-addressed, stamped U.S. Type Certification of the Airplane regulatory evaluation prepared for this postcard on which the following This airplane model is manufactured action is contained in the Rules Docket. statement is made: ‘‘Comments to in Israel and is type certificated for A copy of it may be obtained by Docket Number 99–NM–360–AD.’’ The operation in the United States under the contacting the Rules Docket at the postcard will be date stamped and provisions of section 21.29 of the location provided under the caption returned to the commenter. Federal Aviation Regulations (14 CFR ADDRESSES. Availability of NPRMs 21.29) and the applicable bilateral List of Subjects in 14 CFR Part 39 airworthiness agreement. The FAA has Any person may obtain a copy of this Air transportation, Aircraft, Aviation determined that AD action is necessary NPRM by submitting a request to the safety, Safety. FAA, Transport Airplane Directorate, for products of this type design that are ANM–114, Attention: Rules Docket No. certificated for operation in the United The Proposed Amendment 99–NM–360–AD, 1601 Lind Avenue, States. Accordingly, pursuant to the SW., Renton, Washington 98055–4056. Explanation of Requirements of authority delegated to me by the Proposed Rule Administrator, the Federal Aviation Discussion Administration proposes to amend part On December 26, 1989, a British Since an unsafe condition has been 39 of the Federal Aviation Regulations Aerospace Jetstream Model BA–3101 identified that is likely to exist or (14 CFR part 39) as follows: series airplane impacted the ground develop on other airplanes of the same approximately 400 feet short of the type design registered in the United PART 39ÐAIRWORTHINESS runway while executing an instrument States, the proposed AD would require DIRECTIVES that the existing pneumatic de-icing landing system (ILS) approach. The 1. The authority citation for part 39 boot pressure indicator switch be accident occurred at the Tri-Cities continues to read as follows: Airport, Pasco, Washington. The replaced with a switch that activates the National Transportation Safety Board indicator light at 15 psig. The action Authority: 49 U.S.C. 106(g), 40113, 44701. (NTSB) determined that the probable would be required to be accomplished § 39.13 [Amended] cause of the accident was the in accordance with a method approved flightcrew’s decision to continue an by the FAA. 2. Section 39.13 is amended by adding the following new airworthiness unstabilized ILS approach that led to a Cost Impact stall, most likely of the horizontal directive: stabilizer, and loss of control at low The FAA estimates that 59 airplanes Israel Aircraft Industries, LTD.: Docket 99– altitude. Contributing to the stall and of U.S. registry would be affected by this NM–360–AD. loss of control was the accumulation of proposed AD. Since the manufacturer Applicability: All Model 1125 Westwind ice on the leading edge of the wing and has not yet developed a specific Astra and Astra SPX series airplanes, the horizontal stabilizer, which modification commensurate with the certificated in any category. degraded the aerodynamic performance requirements of this proposal, the FAA Note 1: This AD applies to each airplane of the airplane. is unable at this time to provide specific identified in the preceding applicability One result of the NTSB investigation information as to the number of work provision, regardless of whether it has been modified, altered, or repaired in the area was the determination that a flight deck hours or cost of parts that would be subject to the requirements of this AD. For wing de-icing light illuminated at a required to accomplish the proposed airplanes that have been modified, altered, or lower pressure than the pressure modification. As indicated earlier in repaired so that the performance of the required to fully inflate the de-icing this preamble, the FAA specifically requirements of this AD is affected, the boots. invites the submission of comments and owner/operator must request approval for an

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All communications directive (AD), applicable to certain received on or before the closing date been eliminated, the request should include Raytheon Model BAe 125–800A, Model specific proposed actions to address it. for comments, specified above, will be Hawker 800, and Model Hawker 800XP Compliance: Required as indicated, unless considered before taking action on the accomplished previously. series airplanes, that currently requires proposed rule. The proposals contained To prevent ice accumulation on the the filling of two tooling holes on the in this notice may be changed in light airplane leading edges, which could result in firewalls of the left and right engine of the comments received. reduced controllability of the airplane, pylons with firewall sealant. This action Comments are specifically invited on accomplish the following: would require the sealing of all unused the overall regulatory, economic, Modification (open) tooling holes on the firewalls of environmental, and energy aspects of the left and right engine pylons, and the proposed rule. All comments (a) Within 1 year after the effective date of would expand the applicability to this AD, replace the pneumatic de-icing boot submitted will be available, both before pressure indicator switch with a switch that include additional airplanes. This and after the closing date for comments, activates the flight deck indicator light at 15 proposal is prompted by reports of in the Rules Docket for examination by pounds per square inch gage, in accordance additional unused (open) tooling holes, interested persons. A report with a method approved by the Manager, found at locations other than those summarizing each FAA-public contact International Branch, ANM–116, FAA, currently addressed. The actions Transport Airplane Directorate. concerned with the substance of this specified by the proposed AD are proposal will be filed in the Rules Alternative Methods of Compliance intended to prevent an engine fire from Docket. moving to the fuselage and to the lines (b) An alternative method of compliance or Commenters wishing the FAA to that carry flammable fluid that are adjustment of the compliance time that acknowledge receipt of their comments located inboard of the firewall. provides an acceptable level of safety may be submitted in response to this notice used if approved by the Manager, DATES: Comments must be received by must submit a self-addressed, stamped International Branch, ANM–116. Operators February 23, 2000. shall submit their requests through an postcard on which the following appropriate FAA Principal Maintenance ADDRESSES: Submit comments in statement is made: ‘‘Comments to Inspector, who may add comments and then triplicate to the Federal Aviation Docket Number 99–NM–13–AD.’’ The send it to the Manager, International Branch, Administration (FAA), Transport postcard will be date stamped and ANM–116. Airplane Directorate, ANM–114, returned to the commenter. Note 2: Information concerning the Attention: Rules Docket No. 99–NM– existence of approved alternative methods of 13–AD, 1601 Lind Avenue, SW., Availability of NPRMs compliance with this AD, if any, may be Renton, Washington 98055–4056. Any person may obtain a copy of this obtained from the International Branch, Comments may be inspected at this NPRM by submitting a request to the ANM–116. location between 9:00 a.m. and 3:00 FAA, Transport Airplane Directorate, Special Flight Permits p.m., Monday through Friday, except ANM–114, Attention: Rules Docket No. Federal holidays. (c) Special flight permits may be issued in 99–NM–13–AD, 1601 Lind Avenue, accordance with sections 21.197 and 21.199 The service information referenced in SW., Renton, Washington 98055–4056. the proposed rule may be obtained from of the Federal Aviation Regulations (14 CFR Discussion 21.197 and 21.199) to operate the airplane to Raytheon Aircraft Company, Manager a location where the requirements of this AD Service Engineering, Hawker Customer On November 22, 1996, the FAA can be accomplished. Support Department, P.O. Box 85, issued AD 96–24–16, amendment 39– Issued in Renton, Washington, on January 18, Wichita, Kansas, 67201–0085. This 9840 (61 FR 66878, December 19, 1996), 2000. information may be examined at the applicable to certain Raytheon Model Donald L. Riggin, FAA, Transport Airplane Directorate, BAe 125–800A, Model Hawker 800, and Acting Manager, Transport Airplane 1601 Lind Avenue, SW., Renton, Model Hawker 800XP series airplanes, Directorate, Aircraft Certification Service. Washington; or at the FAA, Small to require the filling of two tooling holes [FR Doc. 00–1598 Filed 1–21–00; 8:45 am] Airplane Directorate, Wichita Aircraft on the firewalls of the left and right Certification Office, 1801 Airport Road, BILLING CODE 4910±13±U engine pylons with firewall sealant. Room 100, Mid-Continent Airport, That action was prompted by Wichita, Kansas. notification from the manufacturer that DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: these holes were not sealed during Jeffrey A. Pretz, Aerospace Engineer, production. The requirements of that Federal Aviation Administration Systems and Propulsion Branch, ACE– AD are intended to prevent an engine 116W, FAA, Small Airplane Directorate, fire from moving to the fuselage and to 14 CFR Part 39 Wichita Aircraft Certification Office, the lines that carry flammable fluid that [Docket No. 99±NM±13±AD] 1801 Airport Road, Room 100, Mid- are located inboard of the firewall. Continent Airport, Wichita, Kansas Actions Since Issuance of Previous Rule RIN 2120±AA64 67209; telephone (316) 946–4153; fax (316) 946–4407. Airworthiness Directives; Raytheon Since the issuance of that AD, reports Model BAe 125±800A and BAe 125± SUPPLEMENTARY INFORMATION: have been received of airplanes with additional unused tooling holes, at 800B, Model Hawker 800, and Model Comments Invited Hawker 800XP Series Airplanes locations other than those addressed in Interested persons are invited to AD 96–24–16, on the left and right AGENCY: Federal Aviation participate in the making of the engine pylon firewalls, which may Administration, DOT. proposed rule by submitting such permit the passage of flames to the

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 3620 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules structure and flammable fluids inboard on these figures, the cost impact of the Raytheon Aircraft Co. (Formerly Beech): of the engine pylon firewall. proposed requirements of this AD on Docket 99–NM–13–AD. Supersedes AD U.S. operators is estimated to be 96–24–16, Amendment 39–9840. Explanation of Relevant Service $26,520, or $120 per airplane. Applicability: Model BAe 125–800A and Information BAe 125–800B, Model Hawker 800, and The cost impact figures discussed Model Hawker 800XP series airplanes; as Raytheon has issued Service Bulletin above are based on assumptions that no SB.54–1–3815B, Revision 1, dated May listed in Raytheon Service Bulletin SB.54–1– operator has yet accomplished any of 3815B, Revision 1, dated May 1998; 1998, which describes procedures for the current or proposed requirements of certificated in any category. the sealing of all unused tooling holes this AD action, and that no operator Note 1: This AD applies to each airplane on the firewalls of the left and right would accomplish those actions in the engine pylons. Revision 1 of the service identified in the preceding applicability future if this AD were not adopted. provision, regardless of whether it has been bulletin was issued to address modified, altered, or repaired in the area additional unused engine pylon firewall Regulatory Impact subject to the requirements of this AD. For tooling holes at locations other than The regulations proposed herein airplanes that have been modified, altered, or those indicated in the original service repaired so that the performance of the bulletin, dated March 26, 1996. would not have a substantial direct requirements of this AD is affected, the Accomplishment of the actions effect on the States, on the relationship owner/operator must request approval for an specified in Raytheon Service Bulletin between the national Government and alternative method of compliance in SB.54–1–3815B, Revision 1, is intended the States, or on the distribution of accordance with paragraph (c) of this AD. power and responsibilities among the The request should include an assessment of to adequately address the identified the effect of the modification, alteration, or unsafe condition. various levels of government. Therefore, it is determined that this proposal repair on the unsafe condition addressed by Explanation of Requirements of would not have federalism implications this AD; and, if the unsafe condition has not been eliminated, the request should include Proposed Rule under Executive Order 13132. specific proposed actions to address it. Since an unsafe condition has been For the reasons discussed above, I Compliance: Required as indicated, unless identified that is likely to exist or certify that this proposed regulation (1) accomplished previously. develop on other airplanes of the same is not a ‘‘significant regulatory action’’ To prevent an engine fire from moving to type design, the proposed AD would under Executive Order 12866; (2) is not the fuselage and to the lines that carry supersede AD 96–24–16 to require the a ‘‘significant rule’’ under the DOT flammable fluid that are located inboard of sealing of all unused tooling holes on Regulatory Policies and Procedures (44 the firewall, accomplish the following: the firewalls of the left and right engine FR 11034, February 26, 1979); and (3) if Restatement of Requirements of AD 96–24– pylons. The actions would be required promulgated, will not have a significant 16 to be accomplished in accordance with economic impact, positive or negative, (a) For airplanes identified in AD 96–24– Raytheon Service Bulletin SB.54–1– on a substantial number of small entities 16, amendment 39–9840: Within 6 months 3815B, Revision 1, described under the criteria of the Regulatory after January 27, 1997 (the effective date of previously. Flexibility Act. A copy of the draft AD 96–24–16), fill the two, unused tooling regulatory evaluation prepared for this holes in the firewalls of the left and right Expanded Applicability action is contained in the Rules Docket. engine pylons, in accordance with Raytheon The applicability of the proposed AD A copy of it may be obtained by Service Bulletin SB.54–1–3815B, dated March 26, 1996, or Raytheon Service Bulletin has been expanded to include Model contacting the Rules Docket at the BAe 125–800B series airplanes, which SB.54–1–3815B, Revision 1, dated May 1998. location provided under the caption After the effective date of this AD, only have received FAA type certification ADDRESSES. Revision 1 of this service bulletin shall be and have a similar design to airplanes used. subject to the requirements of AD 96– List of Subjects in 14 CFR Part 39 New Requirements of This AD 24–16. Air transportation, Aircraft, Aviation (b) For all airplanes: Within 6 months after Cost Impact safety, Safety. the effective date of this AD, fill all unused There are approximately 340 Model The Proposed Amendment tooling holes in the left and right engine BAe 125–800A and BAe 125–800B, pylon firewalls with firewall sealant, in Model Hawker 800, and Model Hawker Accordingly, pursuant to the accordance with Raytheon Service Bulletin SB.54–1–3815B, Revision 1, dated May 1998. 800XP series airplanes of the affected authority delegated to me by the design in the worldwide fleet. The FAA Administrator, the Federal Aviation Alternative Methods of Compliance estimates that 221 airplanes of U.S. Administration proposes to amend part (c) An alternative method of compliance or registry would be affected by this 39 of the Federal Aviation Regulations adjustment of the compliance time that proposed AD. (14 CFR part 39) as follows: provides an acceptable level of safety may be The actions that are currently used if approved by the Manager, Wichita required by AD 96–24–16, and retained PART 39ÐAIRWORTHINESS Aircraft Certification Office (ACO), ACE– in this AD, take approximately 2 work DIRECTIVES 116W, FAA, Small Airplane Directorate. hours per airplane to accomplish, at an Operators shall submit their requests through an appropriate FAA Principal Maintenance average labor rate of $60 per work hour. 1. The authority citation for part 39 continues to read as follows: Inspector, who may add comments and then Based on these figures, the cost impact send it to the Manager, Wichita ACO. of the currently required actions on U.S. Authority: 49 U.S.C. 106(g), 40113, 44701. operators is estimated to be $120 per Note 2: Information concerning the § 39.13 [Amended] existence of approved alternative methods of airplane. compliance with this AD, if any, may be The new actions that are proposed in 2. Section 39.13 is amended by obtained from the Wichita ACO. this AD action would take removing amendment 39–9840 (61 FR approximately 2 work hours per 66878, December 19, 1996), and by Special Flight Permits airplane to accomplish, at an average adding a new airworthiness directive (d) Special flight permits may be issued in labor rate of $60 per work hour. Based (AD), to read as follows: accordance with sections §§ 21.197 and

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3621

21.199 of the Federal Aviation Regulations subject line. Comments may be Discussion (14 CFR 21.197 and 21.199) to operate the inspected at this location between 8:00 The Federal Aviation Administration airplane to a location where the requirements a.m. and 4:30 p.m., Monday through of this AD can be accomplished. (FAA) has received reports of fuel Friday, except Federal holidays. leakage from between the fuel pump Issued in Renton, Washington, on January The service information referenced in filter cover and gear housing on CFM 18, 2000. the proposed rule may be obtained from International (CFMI) CFM56–2, –2A, Donald L. Riggin, CFM International, Technical –2B, –3, –3B, –3C, –5, –5B, –5C series Acting Manager, Transport Airplane Publications Department, 1 Neumann turbofan engines. Directorate, Aircraft Certification Service. Way, Cincinnati, OH 45215; telephone [FR Doc. 00–1597 Filed 1–21–00; 8:45 am] (513) 552–2981, fax (513) 552–2816. Investigation BILLING CODE 4910±13±U This information may be examined at The investigation revealed that fuel the FAA, New England Region, Office of pump filter cover helicoil inserts have the Regional Counsel, 12 New England loosened or pulled out. The FAA has DEPARTMENT OF TRANSPORTATION Executive Park, Burlington, MA. identified excessive torque during the FOR FURTHER INFORMATION CONTACT: installation of fuel filter cover bolts as Federal Aviation Administration James Rosa, Aerospace Engineer, Engine the cause. Certification Office, FAA, Engine and 14 CFR Part 39 Improved Filter Cover Propeller Directorate, 12 New England [Docket No. 99±NE±40±AD] Executive Park, Burlington, MA 01803– The manufacturer has introduced an improved filter cover retention design RIN 2120±AA64 5299; telephone (781) 238–7152, fax (781) 238–7199. using a captured D-bolt and special locking nut that reduces the potential Airworthiness Directives; CFM SUPPLEMENTARY INFORMATION: International CFM56±2, ±2A, ±2B, ±3, for filter cover bolt over torque damage Comments Invited ±3B, ±3C, ±5, ±5B, ±5C Series Turbofan and loss of bolted joint strength. Engines Interested persons are invited to Unsafe Condition participate in the making of the This condition, if not corrected, could AGENCY: Federal Aviation proposed rule by submitting such result in fuel leakage from between the Administration, DOT. written data, views, or arguments as fuel pump filter cover and gear housing, ACTION: Notice of proposed rulemaking they may desire. Communications which could result in an engine fire and (NPRM). should identify the Rules Docket damage to the airplane. number and be submitted to the address SUMMARY: This document proposes the specified above. All communications Service Information adoption of a new airworthiness received on or before the closing date The FAA has reviewed and approved directive (AD) that is applicable to CFM for comments, specified above, will be International (CFMI) CFM56–2, –2A, the technical contents of the following considered before taking action on the CFMI Service Bulletins (SBs), that –2B, –3, –3B, –3C, –5, –5B, –5C series proposed rule. The proposals contained turbofan engines. This proposal would describe procedures for visual in this notice may be changed in light inspections of inserts and bolts for require initial and repetitive visual of the comments received. inspections of the fuel pump filter cover damage, and provide criteria for Comments are specifically invited on rejection of hardware and necessary helicoil inserts and bolts for damage, the overall regulatory, economic, and, if necessary, repair or replacement replacement with serviceable parts: environmental, and energy aspects of CFM56–2 SB 73–110, Revision 2, dated with serviceable parts. This proposal the proposed rule. All comments also would require the installation of April 29, 1999; CFM56 submitted will be available, both before The FAA has also reviewed and new fuel pumps that incorporate an and after the closing date for comments, improved filter cover retention design approved the technical contents of the in the Rules Docket for examination by following CFMI SBs, that describe (D-bolts) as terminating action to the interested persons. A report inspections. This proposal is prompted procedures for removal and replacement summarizing each FAA-public contact of fuel pumps (D-bolt fix): CFM56–2 SB by reports that fuel pump filter cover concerned with the substance of this helicoil inserts have loosened or pulled 73–-A113, dated August 17, 1999; proposal will be filed in the Rules CFM56–2A SB 73–A058, dated August out. The actions specified by the Docket. proposed AD are intended to prevent 17, 1999; CFM56–2B SB 73–A079, dated Commenters wishing the FAA to August 17, 1999; CFM56–3/3B/3C SB fuel leakage from between the fuel acknowledge receipt of their comments pump filter cover and gear housing, 73-A129, dated August 17, 1999; submitted in response to this notice CFM56–5 SB 73–A143, dated June 18, which could result in an engine fire and must submit a self-addressed, stamped damage to the airplane. 1999; CFM56–5B SB 73–A062, dated postcard on which the following June 18, 1999; CFM56–5C SB 73–A078, DATES: Comments must be received by statement is made: ‘‘Comments to dated June 21, 1999. February 23, 2000. Docket Number 99-NE–40–AD.’’ The ADDRESSES: Submit comments to the postcard will be date stamped and Differences Between Service Bulletins Federal Aviation Administration (FAA), returned to the commenter. and This AD New England Region, Office of the Availability of NPRMs The referenced SBs describe a one- Regional Counsel, Attention: Rules time inspection. This AD requires Docket No. 99–NE–40–AD, 12 New Any person may obtain a copy of this repetitive inspections at every filter England Executive Park, Burlington, MA NPRM by submitting a request to the change. 01803–5299. Comments may also be FAA, New England Region, Office of the sent via the Internet using the following Regional Counsel, Attention: Rules Proposed Inspections and Repair or address: ‘‘[email protected]’’. Docket No. 99–NE–40–AD, 12 New Replacement Comments sent via the Internet must England Executive Park, Burlington, MA Since an unsafe condition has been contain the docket number in the 01803–5299. identified that is likely to exist or

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 3622 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules develop on other products of this same action is contained in the Rules Docket. occurs first, in accordance with section 2., type design, the proposed AD would A copy of it may be obtained by Accomplishment Instructions, of the require initial and repetitive visual contacting the Rules Docket at the applicable CFMI Service Bulletins (SBs) inspections of helicoil inserts and bolts location provided under the caption listed in paragraph (a)(4) of this AD. (2) Thereafter, inspect at each fuel filter for damage defined in the applicable ADDRESSES. replacement in accordance with section 2., SBs. The inspections would be required List of Subjects in 14 CFR Part 39 Accomplishment Instructions, of the at each fuel filter replacement. If the applicable CFMI SBs listed in paragraph damage equals or exceeds the reject Air transportation, Aircraft, Aviation (a)(4) of this AD. criteria, this AD would require, prior to safety, Safety. Replacement or Repair further flight, removing the damaged The Proposed Amendment hardware from service and replacement (3) If damage equals or exceeds the reject with serviceable parts, or repairing the Accordingly, pursuant to the criteria stated in section 2., Accomplishment damaged hardware. authority delegated to me by the Instructions, of the SBs listed in paragraph Administrator, the Federal Aviation (a)(4) of this AD, prior to further flight Terminating Action Administration proposes to amend part remove the fuel pump from service and 39 of the Federal Aviation Regulations replace with serviceable part, or repair the This AD would also require the helicoil, in accordance with section 2., installation of new fuel pumps that (14 CFR part 39) as follows: Accomplishment Instructions, of the SBs incorporate an improved filter cover PART 39ÐAIRWORTHINESS listed in paragraphs (a)(4) or (b), as retention design (D-bolts) as a applicable, of this AD. terminating action to the inspections. DIRECTIVES Applicable Inspection SBs The actions would be required to be 1. The authority citation for part 39 (4) Inspect, and replace, if necessary, in accomplished in accordance with the continues to read as follows: SBs described previously. accordance with the following CFMI SBs, as Authority: 49 U.S.C. 106(g), 40113, 44701. applicable: Economic Analysis • CFM56–2 SB 73–110, Revision 2, dated § 39.13 [Amended] April 29, 1999. There are approximately 8,781 2. Section 39.13 is amended by • CFM56–2A SB 73–055, Revision 1, dated engines of the affected design in the adding the following new airworthiness April 29, 1999. worldwide fleet. The FAA estimates that • directive: CFM56–2B SB 73–076, Revision 1, dated 4,063 engines installed on aircraft of April 29, 1999. U.S. registry would be affected by this CFM International: Docket No. 99–NE–40– • CFM56–3/3B/3C SB 73–126, Revision 1, proposed AD, that it would take AD. dated April 29, 1999. approximately 0.3 work hours per Applicability: CFM International (CFMI) • CFM56–5 SB 73–136, Revision 2, dated engine to accomplish the proposed CFM56–2, –2A, –2B, –3, –3B, –3C, –5, –5B, April 29, 1999. –5C series turbofan engines, installed on but • inspections and 3 work hours per CFM56–5B SB 73–056, Revision 2, dated not limited to McDonnell Douglas DC–8 April 29, 1999. engine to accomplish the proposed D- series, Boeing 737 series, Airbus Industrie • CFM56–5C SB 73–073, Revision 2, dated bolt installation, and that the average A319, A320, A321, and A340 series, and April 29, 1999. labor rate is $60 per work hour. The Boeing E–3, E–6, and KC–135 (military) FAA therefore estimates the total cost to series airplanes. Terminating Action US operators of this proposed rule is Note 1: This airworthiness directive (AD) (b) Remove and replace the fuel pump at $73,134 for one inspection and applies to each engine identified in the the next engine, gearbox, or fuel pump shop $4,958,658 for hardware/D-bolt preceding applicability provision, regardless visit, but not later than 5 years from the installation. of whether it has been modified, altered, or effective date of this AD, in accordance with repaired in the area subject to the section 2., Accomplishment Instructions, of Regulatory Impact requirements of this AD. For engines that the following CFMI SBs, as applicable: • CFM56–2 SB 73–A113, dated August 17, This proposal does not have have been modified, altered, or repaired so that the performance of the requirements of 1999. federalism implications, as defined in this AD is affected, the owner/operator must • CFM56–2A SB 73–A058, dated August Executive Order No. 13132, because it request approval for an alternative method of 17, 1999. would not have a substantial direct compliance in accordance with paragraph (d) • CFM56–2B SB 73–A079, dated August effect on the States, on the relationship of this AD. The request should include an 17, 1999. between the national government and assessment of the effect of the modification, • CFM56–3/3B/3C SB 73–A129, dated the States, or on the distribution of alteration, or repair on the unsafe condition August 17, 1999. • power and responsibilities among the addressed by this AD; and, if the unsafe CFM56–5 SB 73–A143, dated June 18, various levels of government. condition has not been eliminated, the 1999. request should include specific proposed • CFM56–5B SB 73–A062, dated June 18, Accordingly, the FAA has not consulted actions to address it. 1999. with state authorities prior to • Compliance: Required as indicated, unless CFM56–5C SB 73–A078, dated June 21, publication of this proposal. 1999. For the reasons discussed above, I accomplished previously. To prevent fuel leakage from between the Installation of a new fuel pump with a new certify that this proposed regulation (1) fuel pump filter cover and gear housing, filter cover attachment in accordance with is not a ‘‘significant regulatory action’’ which could result in an engine fire and this paragraph constitutes terminating action under Executive Order 12866; (2) is not damage to the airplane, accomplish the to the inspections required by paragraph (a) a ‘‘significant rule’’ under the DOT following: of this AD. Regulatory Policies and Procedures (44 Inspections Definitions FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant (a) Perform initial and repetitive visual (c) For the purpose of this AD, a serviceable part is defined as a part with gear economic impact, positive or negative, inspections of fuel pump filter cover helicoil inserts and bolts for damage, as follows: housing helicoil inserts that meet the on a substantial number of small entities (1) Initially inspect at the next fuel filter inspection requirements of the applicable under the criteria of the Regulatory replacement, but not to exceed 200 cycles-in- CFMI SBs listed in paragraph (a)(4) of this Flexibility Act. A copy of the draft service (CIS) after either the effective date of AD. A serviceable part is also defined as a regulatory evaluation prepared for this this AD or the last inspection, whichever part that has been modified in accordance

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3623 with the applicable CFMI SB listed in The Commission has determined to intended to bring the agency’s paragraph (b) of this AD. extend the comment period for thirty regulations into conformance with Alternate Methods of Compliance days in order to insure that an adequate certain transitional provisions of the (d) An alternative method of compliance or opportunity is provided for submission Modernization Act. FDA is including in adjustment of the compliance time that of meaningful comments. the proposed regulation a list of the provides an acceptable level of safety may be EFFECTIVE DATE: Written comments must active moieties of antibiotic drugs that used if approved by the Manager, Engine be received on or before February 24, were the subjects of marketing Certification Office (ECO). Operators shall 2000. applications received by FDA before submit their request through an appropriate November 21, 1997. FAA Principal Maintenance Inspector, who ADDRESSES: Comments on the proposal may add comments and then send it to the should be sent to Jean A. Webb, DATES: Written comments by April 24, Manager, ECO. Secretary, Commodity Futures Trading 2000. Note 2: Information concerning the Commission, Three Lafayette Center, ADDRESSES: Submit written comments existence of approved alternative methods of 1155 21st Street, NW, Washington, DC to the Dockets Management Branch compliance with this airworthiness directive, 20581. Comments may be sent by (HFA–305), Food and Drug if any, may be obtained from the ECO. facsimile transmission to (202) 418– Administration, 5630 Fishers Lane, rm. 5521, or by e-mail to secretary @cftc.gov. 1061, Rockville, MD 20852. Ferry Flights Reference should be made to (e) Special flight permits may be issued in ‘‘Procedure for the Review of Contract FOR FURTHER INFORMATION CONTACT: accordance with sections 21.197 and 21.199 Market Rules’’. Wayne H. Mitchell, Center for Drug of the Federal Aviation Regulations (14 CFR Evaluation and Research (HFD–7), Food FOR FURTHER INFORMATION CONTACT: 21.197 and 21.199) to operate the airplane to and Drug Administration, 5600 Fishers a location where the inspection requirements David P. Van Wagner, Associate Lane, Rockville, MD 20857, 301–594– of this AD can be accomplished. Director, Division of Trading and 2041. Issued in Burlington, Massachusetts, on Markets, Commodity Futures Trading January 14, 2000. Commission, Three Lafayette Centre, SUPPLEMENTARY INFORMATION: 1155 21st Street, NW, Washington, DC David A. Downey, I. The Modernization Act Assistant Manager, Engine and Propeller 20581. Telephone Number: (202) 418– Directorate, Aircraft Certification Service. 5490. Facsimile Number: (202) 418– On November 21, 1997, the President [FR Doc. 00–1641 Filed 1–21–00; 8:45 am] 5536. Electronic Mail: [email protected]. signed the Modernization Act (Public BILLING CODE 4910±13±U Issued in Washington, D.C. on January 18, Law 105–115). Section 125(b) of the 2000 by the Commission. Modernization Act repealed section 507 Jean A. Webb, of the Federal Food, Drug, and Cosmetic COMMODITY FUTURES TRADING Secretary of the Commission. Act (the act) (21 U.S.C. 357 (1996)). Section 507 was the section of the act COMMISSION [FR Doc. 00–1568 Filed 1–21–00; 8:45 am] under which the agency certified BILLING CODE 6351±01±M 17 CFR Part 1 antibiotic drugs. Section 125(b) of the Modernization Act also made RIN 3038±AB50 conforming amendments to the act. DEPARTMENT OF HEALTH AND Proposed Revision of the HUMAN SERVICES In the Federal Register of May 12, Commission's Procedures for the 1998 (63 FR 26066), and January 5, 1999 Review of Contract Market Rules Food and Drug Administration (64 FR 396), the agency issued conforming amendments to its AGENCY: Commodity Futures Trading 21 CFR Part 314 regulations to remove provisions Commission. governing certification of antibiotic ACTION: Extension of comment period. [Docket No. 99N±3088] drugs (21 CFR parts 430 to 460) and to RIN 0910±AB33 make other changes needed to reflect SUMMARY: On November 26, 1999, the the repeal of section 507 of the act. Commodity Futures Trading Marketing Exclusivity and Patent Section 125(d)(1) of the Commission (‘‘Commission’’) published Provisions for Certain Antibiotic Drugs in the Federal Register a request for Modernization Act provides that public comment on a proposal to revise AGENCY: Food and Drug Administration, marketing applications for antibiotic its procedures for the review of contract HHS. drugs that were approved under former section 507 of the act will be considered market rules and rule amendments (64 ACTION: Proposed rule. FR 66428). The original comment period to have been submitted and approved expires January 25, 2000. By letter dated SUMMARY: The Food and Drug under the new drug application (NDA) January 3, 2000, seven agricultural Administration (FDA) is proposing submission and approval provisions organizations requested a thirty day regulations to exempt marketing found at section 505(b) and (c) of the act extension of the comment period to applications for certain antibiotic drug (21 U.S.C. 355(b) and (c)). If the permit the membership of each products from regulatory provisions marketing application was an approved organization to fully consider the governing marketing exclusivity and abbreviated antibiotic drug application, implications of the proposed patents. The proposal would apply to it will be considered to have been procedures.1 marketing applications for drug submitted and approved under the products containing an antibiotic drug abbreviated new drug application 1 The request was made in a January 3, 2000 letter that was the subject of a marketing (ANDA) provisions found in section jointly signed by the American Farm Bureau application received by FDA before 505(j) of the act. Federation, the American Soybean Association, the November 21, 1997, the effective date of The Modernization Act also exempts National Association of Wheat Growers, the National Cattlemen’s Beef Association, the National the Food and Drug Administration certain antibiotic-related drug marketing Corn Grower’s Association, the National Farmers Modernization Act of 1997 applications from the marketing Union, and the National Pork Producers Council. (Modernization Act). This action is exclusivity and patent provisions found

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 3624 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules in section 505 of the act.1 Under former contain patent certifications or other applications under patent provisions of section 507 of the act, antibiotic drug patent information). the act). applications were not subject to the • Section 505(j)(2)(B) (requiring • Section 314.108(b) (relating to patent listing and exclusivity provisions ANDA applicants to provide notice to submission of and effective dates of in section 505 of the act. Section 125 of the patent owner and NDA holder of the approval of ANDA’s and 505(b)(2) the Modernization Act preserves this certification of invalidity or applications under marketing distinction with an expansive line. noninfringement of a patent). exclusivity provisions of the act). Section 125 exempts those applications • Section 505(j)(5)(B) (providing for • Section 314.125(b)(18) (relating to that contain an antibiotic drug that was delayed effective dates of approval of refusal to approve an NDA that does not the subject of a marketing application ANDA’s under patent provisions of the contain required patent information). received by FDA under former section act).2 • Section 314.150(a)(2)(v) (relating to 507 of the act before November 21, 1997 • Section 505(j)(5)(D) (describing withdrawal of approval of an NDA if the (prerepeal antibiotic drugs). Drugs that submission of and effective dates of applicant refuses to submit required were approved and marketed under approval of ANDA’s under marketing patent information). former section 507 of the act, as well as exclusivity provisions of the act). The brief parenthetical descriptions of those that were the subject of Section 125(d)(3) of the the various provisions of part 314 in this applications that may have been Modernization Act authorizes FDA to section and in the codified portion of withdrawn, not filed, or refused make available to the public the this proposed rule (as well as the similar approval under section 507 of the act established name of each antibiotic drug descriptions of provisions of section 505 are excluded from the patent listing and that was the subject of a marketing of the act given in section I of this exclusivity provisions. application received by FDA under document) are provided merely as aids Specifically, section 125(d)(2) of the former section 507 of the act before to the reader in understanding the scope Modernization Act provides that November 21, 1997. of the proposed rule. They are not intended to have any regulatory marketing applications for drug II. Description of the Rule products that contain prerepeal significance and should not be antibiotic drugs are not subject to the A. List of Regulatory Provisions That understood to be statements of agency following provisions of section 505 of Are Not Applicable policy regarding the provisions they the act: This proposed rule would exempt describe. • The third and fourth sentences of from the regulatory requirements that B. List of Pre-Repeal of Antibiotic Drugs section 505(b)(1) (requiring submission correspond to the statutory In applying section 125(d)(2) of the of patent information in NDA’s). requirements described above, Modernization Act, the agency must • Section 505(b)(2)(A) (requiring that applications or abbreviated applications determine whether a drug that is the 505(b)(2) applications contain patent in which the drug product that is the subject of an NDA or ANDA contains a certifications). subject of the application contains a pre- • pre-repeal antibiotic drug. As described Section 505(b)(2)(B) (requiring that repeal antibiotic drug. Specifically, in section I, the Modernization Act applications submitted under section under the proposed rule, the following specifies patent listing and exclusivity 505(b)(2) of the act (505(b)(2) provisions found in part 314 (21 CFR provisions that will not apply when the applications) contain a statement about part 314) would not apply to marketing drug that is the subject of any relevant method of use patents). applications for drug products that • application contains an antibiotic drug, Section 505(b)(3) (requiring contain pre-repeal antibiotic drugs: applicants submitting 505(b)(2) • Sections 314.50(h) and 314.53 and the antibiotic drug was the subject applications (505(b)(2) applicants) to (relating to submission of patent of any application received under provide notice to the patent owner and information in NDA’s). section 507 of the act prior to November NDA holder of the certification of • Section 314.50(i) (relating to patent 21, 1997. Section 125(d)(3) of the invalidity or noninfringement of a certifications and statements about Modernization Act also authorizes FDA patent). relevant method of use patents in to publish the established name of each • Section 505(c)(2) (requiring 505(b)(2) applications). antibiotic drug that was the subject of submission of patent information if that • Section 314.52 (relating to notices any application for marketing received information becomes available after an to the patent owner and NDA holder of by FDA under former section 507 of the NDA is submitted). certification of invalidity or act. • Section 505(c)(3) (providing for noninfringement of a patent by 505(b)(2) The term ‘‘antibiotic drug,’’ as used in delayed effective dates of approval of applicants). section 125(d) of the Modernization Act, 505(b)(2) applications under patent • Section 314.94(a)(12) (relating to is defined as: provisions of the act). patent certifications and statements * * * any drug (except drugs for use in • Section 505(d)(6) (allowing FDA to about relevant method of use patents in animals other than humans) composed refuse to approve an application that ANDA’s). wholly or partly of any kind of penicillin, does not contain required patent • Section 314.95 (relating to notices streptomycin, chlortetracycline, information). to the patent owner and NDA holder of chloramphenicol, bacitracin, or any other • Section 505(e)(4) (requiring FDA to certification of invalidity or drug intended for human use containing any quantity of any chemical substance which is withdraw approval of an application if noninfringement of a patent by ANDA produced by a micro-organism and which the applicant refuses to submit required applicants). • has the capacity to inhibit or destroy micro- patent information). Section 314.107(b) through (f) organisms in dilute solution (including a • Section 505(j)(2)(A)(vii) and (relating to delayed effective dates of chemically synthesized equivalent of any (j)(2)(A)(viii) (requiring ANDA’s to approval of ANDA’s and 505(b)(2) such substance) or any derivative thereof. 21 U.S.C. 321(jj) 1 The Modernization Act does not affect whatever 2 The Modernization Act added a new section rights patent holders may have regarding patent 505(j)(3) to the act. This resulted in the Thus, the term ‘‘antibiotic drug’’ term extensions under 35 U.S.C. 156 for patents renumbering of sections 505(j)(3) through (j)(8) as includes not only the ‘‘chemical claiming antibiotic drug products. sections 505(j)(4) through (j)(9), respectively. substance which is produced by a

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3625 micro-organism,’’ and which ‘‘has the ingredient or ingredients of the product. III. Environmental Impact capacity to inhibit or destroy micro- (See 54 FR 28872 at 28897.) The agency has determined under 21 organisms,’’ but also ‘‘any derivative’’ of The language of section 125(d)(2) of CFR 25.30(h) that this action is of a type any such substance, such as a salt or the Modernization Act likewise that does not individually or ester of the substance. supports the conclusion that Congress cumulatively have a significant effect on For this reason, and the reasons did not intend to confer exclusivity on, the human environment. Therefore, discussed below, the determination or require patent listing for, products neither an environmental assessment under section 125(d) of the that represent minor or incremental nor an environmental impact statement Modernization Act of whether a drug variations on pre-repeal antibiotic is required. contains a pre-repeal antibiotic depends drugs. As discussed above, Congress in on whether the drug that is the subject section 125(d)(2) of the Modernization IV. Analysis of Impacts of a marketing application contains an Act chose to exclude all drugs FDA has examined the impacts of the active moiety that can be found in a pre- containing pre-repeal ‘‘antibiotic proposed rule under Executive Order repeal antibiotic drug. drugs,’’ a term that by definition 12866, the Regulatory Flexibility Act (5 An active moiety is the molecule or includes the active drug substance and U.S.C. 601–612), and the Unfunded ion responsible for physiological or ‘‘any derivative thereof’’ (see section Mandates Reform Act of 1995 (Public pharmacological action, excluding 201(jj) of the act (21 U.S.C. 321(jj)). Law 104–4). Executive Order 12866 appended portions that would cause the Accordingly, the agency is proposing directs agencies to assess all costs and drug to be an ester, salt, or other to implement section 125(d)(2) of the benefits of available regulatory noncovalent derivative of the molecule Modernization Act by relying on a alternatives and, when regulation is (see § 314.108(a)). FDA has consistently comparison of active moieties to necessary, to select regulatory looked at active moieties to determine if determine whether the drug that is the approaches that maximize net benefits the exclusivity protection granted to a subject of an NDA contains a pre-repeal (including potential economic, drug product would allow a subsequent antibiotic drug. NDA’s for products that environmental, public health and safety, ANDA or application described in contain, for example, a salt of a pre- and other advantages; distributive section 505(b)(2) of the act to be repeal antibiotic drug, or that propose impacts; and equity). Executive Order submitted or approved. such things as a new manufacturing 12866 classifies a rule as significant if The agency’s primary regulation process, new dosage form, or new use of it meets any one of a number of governing marketing exclusivity is a pre-repeal antibiotic drug, will be specified conditions, including having found at § 314.108. This regulation, subject to the exceptions listed in an annual effect on the economy of $100 which was proposed in the Federal section 125(d)(2) of the Modernization million or adversely affecting in a Register of July 10, 1989 (54 FR 28872), Act and proposed § 314.109(a). material way a sector of the economy, and made final in the Federal Register competition, or jobs, or if it raises novel of October 3, 1994 (59 FR 50338), To help interested persons determine legal or policy issues. The agency incorporated an interpretation of the which drug products would be exempt believes that this proposed rule is Drug Price Competition and Patent from the marketing exclusivity and consistent with the regulatory Term Restoration Act of 1984 (Public patent provisions described above, FDA philosophy and principles identified in Law 98–417) (the Hatch-Waxman will maintain in the Code of Federal the Executive Order. Because, the Amendments) that had been adopted by Regulations a list of the names of each proposed rule is a significant regulatory the agency shortly after the enactment of pre-repeal active moiety. A proposed action as defined by the Executive Order the Hatch-Waxman Amendments on version of that list is included as and it was subject to review under the September 24, 1984. The Hatch- § 314.109(b). Executive Order. Waxman Amendments established the The list will provide all of the The Regulatory Flexibility Act exclusivity and patent provisions that information required for an interested requires that if a rule has a significant are addressed by the exemptions person to determine whether a economic impact on a substantial described in section 125(d)(2) of the marketing application is for a drug that number of small entities, the agency Modernization Act, and are the subject contains a pre-repeal antibiotic drug. must analyze regulatory options to of this rulemaking. In interpreting the The list is intended to be minimize the economic impact on small exclusivity provisions in the Hatch- comprehensive, but the inadvertent entities. The agency certifies, for the Waxman Amendments, the agency omission of an active moiety found in reasons discussed below, that the concluded that Congress did not intend a pre-repeal antibiotic drug will not proposed rule will not have a significant to confer significant periods of affect the regulatory status of a economic impact on a substantial exclusivity on minor variations of marketing application for a drug that number of small entities. Therefore, previously approved chemical contains that active moiety; the under the Regulatory Flexibility Act, no compounds. (See, e.g., Congressional application will still be exempt from the further analysis is required. Record H9124 (September 6, 1984) statutory and regulatory requirements The Unfunded Mandates Reform Act (statement of Representative Waxman); regarding marketing exclusivity and requires an agency to prepare a H. Rept. 857, Part I, 98th Cong., 2d sess. patents described above. A person who budgetary impact statement before 38 (1984).) Therefore, the agency believes that a drug has been improperly issuing any rule likely to result in a determined that it is appropriate to included or omitted from the list should Federal mandate that may result in assess whether the drug seeking submit to the Dockets Management expenditures by State, local, and tribal exclusivity is a new chemical entity, Branch (address above) written governments or the private sector of that is, a drug that does not contain any comments suggesting amendments to $100 million (adjusted annually for previously approved active moiety. the list, along with any information that inflation) in any one year. Exempting This approach is also consistent with supports the suggested amendments. applications for certain antibiotic drugs FDA’s drug classification system, which Comments should be identified with the from regulatory provisions dealing with assesses and classifies NDA’s based docket number found in brackets in the marketing exclusivity and patent upon the characteristics of the active heading of this document. information will not result in any

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(a) The following regulatory Azacitidine This proposed rule is intended to provisions do not apply to any Azaserine bring FDA’s regulations governing the application or abbreviated application Azithromycin new drug approval process into in which the drug that is the subject of conformance with the transitional Azlocillin the application or abbreviated Aztreonam provisions found in section 125(d)(2) of application contains an antibiotic drug the Modernization Act. This proposed that has the same active moiety (as Bacampicillin rule is not intended to create any rights defined in § 314.108(a)) as an antibiotic Bacitracin or responsibilities that are not found in drug that was the subject of a marketing Benzyl penicilloyl-polylysine the statute. For these reasons, the application received by FDA under agency believes that this proposed rule Bleomycin former section 507 of the act (21 U.S.C. Candicidin is necessary and that it is consistent 357 (1996)) before November 21, 1997: with the principles of Executive Order (1) Sections 314.50(h) and 314.53 Capreomycin 12866; that it is not a significant (relating to submission of patent Carbenicillin regulatory action under that Executive information in applications). Cefaclor Order; that it will not have a significant (2) Section 314.50(i) (relating to Cefadroxil economic impact on a substantial patent certifications and statements Cefamandole number of small entities; and that it is about relevant method of use patents in not likely to result in an annual 505(b)(2) applications). Cefazolin expenditure in excess of $100 million. (3) Section 314.52 (relating to notices Cefdinir V. Paperwork Reduction Act of 1995 of certification of invalidity or Cefepime noninfringement of a patent by 505(b)(2) Cefixime FDA tentatively concludes that this applicants). proposed rule contains no collections of (4) Section 314.94(a)(12) (relating to Cefmenoxime information. Therefore, clearance by the patent certifications and statements Cefmetazole Office of Management and Budget under about relevant method of use patents in Cefodizime the Paperwork Reduction Act of 1995 is 505(j) applications). Cefonicid not required. (5) Section 314.95 (relating to notices Cefoperazone VI. Request for Comments of certification of invalidity or noninfringement of a patent by 505(j) Ceforanide Interested persons may, on or before applicants). Cefotaxime April 24, 2000, submit to the Dockets (6) Section 314.107(b) through (f) Cefotetan Management Branch (address above) (relating to delayed effective dates of Cefotiam written comments regarding this approval of 505(j) applications and Cefoxitin proposal. Two copies of any comments 505(b)(2) applications under patent are to be submitted, except that provisions of the act). Cefpiramide individuals may submit one copy. (7) Section 314.108(b) (relating to Cefpodoxime Comments are to be identified with the submission of and effective dates of Cefprozil docket number found in brackets in the approval of 505(j) applications and Cefsulodin heading of this document. Received 505(b)(2) applications under marketing Ceftazidime comments may be seen in the office exclusivity provisions of the act). above between 9 a.m. and 4 p.m., (8) Section 314.125(b)(18) (relating to Ceftibuten Monday through Friday. refusal to approve an application that Ceftizoxime List of Subjects in 21 CFR Part 314 does not contain required patent Ceftriaxone information). Cefuroxime Administrative practice and (9) Section 314.150(a)(2)(v) (relating procedure, Confidential business to withdrawal of approval of an Cephacetrile information, Drugs, Reporting and application if the applicant refuses to Cephalexin recordkeeping requirements. submit required patent information). Cephaloglycin Therefore, under the Federal Food, (b) The following are the active Cephaloridine Drug, and Cosmetic Act and under moieties of antibiotic drugs that were Cephalothin authority delegated to the Commissioner the subject of marketing applications of Food and Drugs, it is proposed that received by FDA under former section Cephapirin 21 CFR part 314 be amended as follows: 507 of the act before November 21, Cephradine 1997. The list is intended to be Chloramphenicol PART 314ÐAPPLICATIONS FOR FDA comprehensive, but the inadvertent Chlortetracycline APPROVAL TO MARKET A NEW DRUG omission of an active moiety will not Cilastatin 1. The authority citation for 21 CFR affect the regulatory status of a Clarithromycin part 314 is revised to read as follows: marketing application for a drug product that contains that active moiety. Clavulanate/clavulanic acid Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 371, 374, 379e; sec. 125(d), Pub. L. Almecillin Clindamycin 105–115, 111 Stat. 2296. Amdinocillin Clioquinol

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Cloxacillin Plicamycin significant adverse comment on these Colistimethate Polymyxin B various medical devices regulations Colistin Quinupristin within the specified comment period, the agency intends to publish in the Rifabutin Cyclacillin Federal Register a document confirming Cycloserine Rifampin the effective date of the final rule within Cyclosporine Rifamycin 30 days after the comment period on the Dactinomycin Rolitetracycline direct final rule ends. The direct final rule will be effective June 7, 2000. If Dalfopristin Sisomicin Spectinomycin FDA receives any significant adverse Daunorubicin comment regarding this rule, FDA will Demeclocycline Streptomycin publish a document withdrawing the Detorubicin Streptozocin direct final rule within 30 days after the Dicloxacillin Sulbactam comment period ends and will proceed to respond to all of the comments under Dihydrostreptomycin Sultamicillin Tacrolimus this companion proposed rule using Dirithromycin usual notice-and-comment procedures. Tazobactam Doxorubicin The comment period for this companion Teicoplanin Doxycycline proposed rule runs concurrently with Tetracycline Epirubicin the direct final rule comment period. Ticarcillin Erythromycin ADDRESSES: Submit written comments Tobramycin to the Dockets Management Branch Floxacillin Troleandomycin (HFA–305), Food and Drug Fosfomycin Tyrothricin Administration, 5630 Fishers Lane, rm. Fusidate/fusidic acid 1061, Rockville, MD 20852. Vancomycin Gentamicin FOR FURTHER INFORMATION CONTACT: Vidarabine Gramicidin Philip L. Chao, Office of Policy, Viomycin Griseofulvin Planning, and Legislation (HF–23), Food Dated: October 5, 1999. and Drug Administration, 5600 Fishers Hetacillin Margaret M. Dotzel, Lane, Rockville, MD 20857, 301–827– Idarubicin Acting Associate Commissioner for Policy. 3380. Imipenem [FR Doc. 00–1536 Filed 1–21–00; 8:45 am] SUPPLEMENTARY INFORMATION: Ivermectin BILLING CODE 4160±01±F I. Background Kanamycin The ASTM notified FDA that ASTM Lincomycin DEPARTMENT OF HEALTH AND had been working on a project to help Loracarbef HUMAN SERVICES Federal agencies update and maintain Meclocycline the ASTM standards that are referenced Meropenem Food and Drug Administration in the Code of Federal Regulations Methacycline (CFR’s). Use of consensus standards 21 CFR Part 801 such as those developed by ASTM is Methicillin consistent with the purposes of the [Docket No. 99N±4955] Mezlocillin National Technology Transfer and Minocycline Amendment of Various Device Advancement Act of 1995, signed into Mitomycin Regulations to Reflect Current law on March 7, 1996 (Public Law 104– Moxalactam American Society for Testing and 113). As part of the ASTM project, ASTM informed FDA that many ASTM Mupirocin Materials Citations; Companion Document to Direct Final Rule standards cited in FDA’s food additive Mycophenolate/mycophenolic acid and device regulations were out-of-date Nafcillin AGENCY: Food and Drug Administration, and provided a list of standards with Natamycin HHS. their current year designations. ASTM Neomycin ACTION: Proposed rule. listed 58 different regulations which, in its opinion, needed to be updated. Netilmicin SUMMARY: The Food and Drug FDA examined the ASTM’s Niphimycin Administration (FDA) is proposing to documentation and, upon closer Novobiocin amend certain references in various examination, found that 56 of the 58 Nystatin medical device regulations. The different FDA regulations identified by amendments would update the Oleandomycin ASTM cited obsolete ASTM standards references in those regulations to or that, in some cases, cited ASTM Oxacillin various standards of the American standards that had been withdrawn. Oxytetracycline Society for Testing and Materials Most regulations involved direct and Paromomycin (ASTM) to reflect the current standards indirect food additives, although two of Penicillamine designations. This proposed rule is a the affected regulations involved companion document to the direct final Penicillin G medical devices. Consequently, through rule published elsewhere in this issue of this rulemaking, FDA is proposing to Penicillin V the Federal Register. revise the device regulations identified Phenethicillin DATES: Submit written comments by by ASTM that contain obsolete or Piperacillin April 10, 2000. If FDA receives no withdrawn ASTM standards to reflect

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 3628 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules the current ASTM standards FDA will publish a document impacts; and equity). Executive Order designations. FDA will update the withdrawing the direct final rule within 12866 classifies a rule as significant if citations for the food additive 30 days after the comment period ends it meets any one of a number of regulations in a separate rulemaking. and will proceed to respond to all of the specified conditions, including having This rule is proposing to amend comments under this companion an annual effect on the economy of $100 §§ 801.410(d)(2) and 801.430(f)(2) (21 proposed rule using usual notice-and- million or adversely affecting in a CFR 801.410(d)(2) and 801.430(f)(2)) by comment procedures. The comment material way a sector of the economy, incorporating by reference into the period for this companion proposed rule competition, or jobs, or if it raises novel regulation the updated standard as runs concurrently with the direct final legal or policy issues. The revised follows: rule’s comment period. Any comments ASTM standard citations that FDA is • Section 801.410 Use of impact- received under this companion adopting in the medical device resistant lenses in eyeglasses and proposed rule will be considered as regulations reflect minor changes to the sunglasses—The proposal would amend comments regarding the direct final currently listed methods in those paragraph (d)(2) by removing ‘‘ASTM rule. regulations. The updated citations are Method D 1415–68 ‘Test for A significant adverse comment is the result of periodic reapprovals of International Hardness of Vulcanized defined as a comment that explains why long-standing test methods or standards Rubber,’ ’’ and by adding in its place the rule would be inappropriate, and should have no impact on those ‘‘ASTM Method D 1415–88, Standard including challenges to the rule’s who use the standard. Thus, the Test Method for Rubber Property— underlying premise or approach, or proposal is not a significant regulatory International Hardness,’’ and also by would be ineffective or unacceptable action as defined in Executive Order removing ‘‘ASTM Method D 412–68 without change. In determining whether 12866, and so is not subject to review ‘Tension Test of Vulcanized Rubber,’ ’’ a significant adverse comment is under the Executive Order. and by adding in its place ‘‘ASTM sufficient to terminate a direct final The Regulatory Flexibility Act Method D 412–97, Standard Test rulemaking, FDA will consider whether requires agencies to analyze regulatory Methods for Vulcanized Rubber and the comment raises an issue serious options that would minimize any Thermoplastic Rubbers and enough to warrant a substantive significant economic impact of a rule on Thermoplastic Elastomers—Tension,’’. response in a notice-and-comment small entities. The proposed rule, if • Section 801.430 User labeling for process. Comments that are frivolous, finalized, would simply update ASTM menstrual tampons —The proposal insubstantial, or outside the scope of the citations used in various device would amend paragraph (f)(2) by rule will not be considered significant regulations. The updated citations are removing ‘‘(ASTM), D 3492–83, or adverse under this procedure. For the result of periodic re-approvals of ‘Standard Specification for Rubber example, a comment recommending a long-standing ASTM test methods or Contraceptives (Condoms)’ ’’ and by rule change in addition to the rule will standards and will have no significant adding in its place ‘‘(ASTM) D 3492–96, not be considered a significant adverse adverse impact on those who use the Standard Specification for Rubber comment unless the comment states ASTM standards. Under the Regulatory Contraceptives (Male Condoms)’’. why the rule would be ineffective Flexibility Act, FDA certifies that the In addition, FDA is updating in without the additional change. In proposed rule will not impose any § 801.410(d)(2) the address for the addition, if a significant adverse additional regulatory burdens on small American Society for Testing Materials. comment applies to an amendment, entities. II. Additional Information paragraph, or section of this rule and that provision can be severed from the V. Paperwork Reduction Act of 1995 This proposed rule is a companion to remainder of the rule, FDA may adopt FDA tentatively concludes that this the direct final rule published in the as final those provisions of the rule that proposed rule contains no collections of final rule section of this issue of the are not the subject of a significant information. Therefore, clearance by the Federal Register. This companion adverse comment. proposed rule is substantially identical Office of Management and Budget under to the direct final rule. FDA is III. Environmental Impact the Paperwork Reduction Act of 1995 is publishing the direct final rule because The agency has determined, under 21 not required. the rule contains noncontroversial CFR 25.30(i) that this action is of a type Interested persons may, on or before changes, and FDA anticipates that it that does not individually or April 10, 2000, submit to the Dockets will receive no significant adverse cumulatively have a significant effect on Management Branch (address above) comments. A detailed discussion of this the human environment. Therefore, written comments regarding this rule is set forth in the preamble of the neither an environmental assessment proposal. Two copies of any comments direct final rule. If no significant nor an environmental impact statement are to be submitted, except that comment is received in response to the is required. individuals may submit one copy. direct final rule, no further action will Comments are to be identified with the be taken related to this proposed rule. IV. Analysis of Impacts docket number found in brackets in the Instead, FDA will publish in the Federal FDA has examined the impacts of the heading of this document. Received Register a confirmation within 30 days proposed rule under Executive Order comments may be seen in the office after the comment period ends 12866 and the Regulatory Flexibility Act above between 9 a.m. and 4 p.m., confirming that the direct final rule will (5 U.S.C. 601–612). Executive Order Monday through Friday. go into effect on June 7, 2000. 12866 directs agencies to assess all costs List of Subjects in 21 CFR Part 801 Additional information about FDA’s and benefits of available regulatory direct final rulemaking procedures is set alternatives and, when regulation is Hearing aids, Incorporation by forth in a guidance published in the necessary, to select regulatory reference, Medical devices, Professional Federal Register of November 21, 1997 approaches that maximize net benefits and patient labeling. (62 FR 62466). (including potential economic, Therefore, under the Federal Food, If FDA receives any significant environmental, public health and safety, Drug, and Cosmetic Act and under adverse comment regarding this rule, and other advantages; distributive authority delegated to the Commissioner

VerDate 042000 17:10 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm02 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3629 of Food and Drugs, 21 CFR part 801 is DEPARTMENT OF THE TREASURY Harris, (202) 622–3860 (not a toll-free amended as follows: number); concerning submissions and Internal Revenue Service the hearing, Guy Traynor, (202) 622– PART 801ÐLABELING 7180 (not a toll-free number). 26 CFR Parts 1 SUPPLEMENTARY INFORMATION: 1. The authority citation for 21 CFR [REG±116048±99] part 801 continues to read as follows: Paperwork Reduction Act RIN 1545±AX63 Authority: 21 U.S.C. 321, 331, 351, 352, The collection of information 360i, 360j, 371, 374. Stock Transfer Rules: Supplemental contained in this notice of proposed rulemaking has been submitted to the § 801.410 [Amended] Rules Office of Management and Budget for 2. Section 801.410 Use of impact- AGENCY: Internal Revenue Service (IRS), review in accordance with the resistant lenses in eyeglasses and Treasury. Paperwork Reduction Act of 1995 (44 sunglasses is amended in paragraph ACTION: Notice of proposed rulemaking U.S.C. 3507(d)). Comments on the (d)(2) by removing ‘‘ASTM Method D and notice of public hearing. collection of information should be sent to the Office of Management and 1415–68 ‘Test for International SUMMARY: This document proposes, by Budget, Attn: Desk Officer for the Hardness of Vulcanized Rubber,’ ’’ and cross-reference to temporary Department of the Treasury, Office of by adding in its place ‘‘ASTM Method regulations, amendments to the final Information and Regulatory Affairs, D 1415–88, Standard Test Method for regulations concerning the Federal tax Washington, DC 20503, with copies to Rubber Property—International treatment of certain exchanges subject to the Internal Revenue Service, Attn: IRS Hardness,’’; by removing ‘‘ASTM section 367(b) of the Internal Revenue Reports Clearance Officer, OP:FS:FP, Method D 412–68 ‘Tension Test of Code (Code). The temporary regulations, Washington, DC 20224. Comments on Vulcanized Rubber,’’’ and by adding in published in the Rules and Regulations the collection of information should be its place ‘‘ASTM Method D 412–97, section of this issue of the Federal received by March 24, 2000. Comments Standard Test Methods for Vulcanized Register, provide an election for certain are specifically requested concerning: Rubber and Thermoplastic Rubbers and taxpayers engaged in certain exchanges Thermoplastic Elastomers—Tension,’’; described in section 367(b). The Whether the proposed collection of and by removing ‘‘1916 Race St., temporary regulations provide guidance information is necessary for the proper Philadelphia, PA 19103, or available for for taxpayers that make the specified performance of the functions of the inspection at the Office of the Federal election in order to determine the extent Internal Revenue Service, including Register, 800 North Capitol Street, NW., to which income must be included and whether the information will have suite 700, Washington, DC 20408).’’ and certain corresponding adjustments must practical utility; by adding in its place ‘‘100 Barr Harbor be made. The text of the temporary The accuracy of the estimated burden Dr., West Conshohocken, Philadelphia, regulations also serves as the text of the associated with the proposed collection PA 19428, or available for inspection at proposed regulations. This document of information (see below); the Center for Devices and Radiological also provides notice of a public hearing How the quality, utility, and clarity of Health’s Library, 9200 Corporate Blvd., on the proposed regulations. the information to be collected may be Rockville, MD 10850, or at the Office of DATES: Written comments must be enhanced; the Federal Register, 800 North Capitol received by April 24, 2000. Requests to How the burden of complying with St. NW., suite 700, Washington, DC.’’ speak (with outlines of oral comments) the proposed collection of information at the public hearing scheduled for may be minimized, including through § 801.430 [Amended] April 20, 2000, must be submitted by the application of automated collection 3. Section 801.430 User labeling for March 31, 2000. techniques or other forms of information menstrual tampons is amended in ADDRESSES: Send submissions to: technology; and paragraph (f)(2) by removing ‘‘(ASTM), CC:DOM:CORP:R (REG–116048–99), Estimates of capital or start-up costs D 3492–83, ‘Standard Specification for room 5228, Internal Revenue Service, and costs of operation, maintenance, Rubber Contraceptives (Condoms)’ ’’ and POB 7604, Ben Franklin Station, and purchase of service to provide by adding in its place ‘‘(ASTM) D 3492– Washington, DC 20044. In the information. 96, ‘Standard Specification for Rubber alternative, submissions may be hand The collection of information in this Contraceptives (Male Condoms)’ ’’; and delivered between the hours of 8 a.m. proposed regulation is in § 1.367(b)– by revising the footnote to read ‘‘Copies and 5 p.m. to: CC:DOM:CORP:R (REG– 3(b)(4). This information is required to of the standard are available from the 116048–99), Courier’s Desk, Internal properly make an election to include an American Society for Testing Materials, Revenue Service, 1111 Constitution amount in income that is different than 100 Barr Harbor Dr., West Avenue NW., Washington, DC. the inclusion currently required under Conshohocken, PA 19428, or available Alternatively, taxpayers may submit § 1.367(b)–3 of the final regulations. for inspection at the Center for Devices comments electronically via the Internet This information will be used to verify and Radiological Health’s Library, 9200 by selecting the ‘‘Tax Regs’’ option of proper compliance with the section Corporate Blvd., Rockville, MD 10850, the IRS Home Page, or by submitting 367(b) regulations, including that the or at the Office of the Federal Register, comments directly to the IRS Internet election provided herein was made and 800 North Capitol St. NW., suite 700, site at: http://www.irs.ustreas.gov/prod/ that the required adjustments will be Washington, DC.’’ tax—regs/regslist.html. The public made by all parties to the section 367(b) hearing will be held in room 2615, transaction. The collection of Dated: December 29, 1999. Internal Revenue Building, 1111 information is mandatory. The likely Margaret M. Dotzel, Constitution Avenue, NW., Washington, respondents are businesses or other for- Acting Associate Commissioner for Policy. DC. profit institutions. [FR Doc. 00–1405 Filed 1–21–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: Estimated total annual reporting BILLING CODE 4160±01±F Concerning the regulations, Mark D. burden: 85 hours.

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Estimated average annual burden Comments and Public Hearing § 1.367(b)±3 Repatriation of foreign hours per respondent: 4 hours, 15 corporate assets in certain nonrecognition minutes. Before these proposed regulations are transactions. Estimated number of respondents: 20 adopted as final regulations, * * * * * Estimated annual frequency of consideration will be given to any (b) * * * responses: once written comments (preferably a signed (4) [The text of this proposed addition An agency may not conduct or original and eight (8) copies) that are is the same as the text of § 1.367(b)– sponsor, and a person is not required to submitted timely to the IRS. The IRS 3T(b)(4) published elsewhere in this respond to, a collection of information and Treasury request comments on the issue of the Federal Register]. unless it displays a valid control clarity of the proposed regulation and number assigned by the Office of how it may be made easier to John M. Dalrymple, Management and Budget. understand. All comments will be Acting Deputy Commissioner of Internal Books or records relating to a available for public inspection and Revenue. collection of information must be copying. [FR Doc. 00–1378 Filed 1–21–00; 8:45 am] retained as long as their contents may A public hearing has been scheduled BILLING CODE 4830±01±U become material in the administration for April 20, 2000, beginning at 10 a.m., of any internal revenue law. Generally, in room 2615, Internal Revenue tax returns and tax return information Building, 1111 Constitution Avenue ENVIRONMENTAL PROTECTION are confidential, as required by 26 NW., Washington, DC. Because of access AGENCY U.S.C. 6103. restrictions, visitors will not be admitted beyond the Internal Revenue 40 CFR Parts 52 and 81 Background Building lobby more than 15 minutes [OH±132; KY±116; KY±84; FRL±6527±7] Temporary regulations in the Rules before the hearing starts. and Regulations section of this issue of The rules of 26 CFR 601.601(a)(3) Approval and Promulgation of the Federal Register amend the Income apply to the hearing. Implementation Plans and Designation Tax Regulations (26 CFR part 1) relating Persons that wish to present oral of Areas for Air Quality Planning to section 367(b). The temporary comments at the hearing must submit Purposes; Ohio and Kentucky regulations contain rules that provide an timely written comments and an outline election for certain taxpayers engaged in AGENCY: Environmental Protection of the topics to be discussed and the certain exchanges described in section Agency (EPA). time to be devoted to each topic by 367(b). ACTION: Proposed rule. (preferably a signed original and eight The text of those temporary (8) copies) March 31, 2000. However, regulations also serves as the text of SUMMARY: The EPA proposes to comments not to be presented at the these proposed regulations. The determine that the Cincinnati-Hamilton hearing must be submitted by April 24, preamble to the temporary regulations moderate ozone nonattainment area 2000. explains the proposed regulations. (Cincinnati-Hamilton area) has attained A period of 10 minutes will be the public health-based 1-hour ozone Proposed Effective Date allotted to each person for making National Ambient Air Quality Standard Except as otherwise specified, these comments. (NAAQS). If EPA takes final action on regulations are proposed to apply to An agenda showing the scheduling of this proposal, the Cincinnati-Hamilton section 367(b) exchanges that occur on the speakers will be prepared after the area will be redesignated to attainment or after the date final regulations are deadline for receiving outlines has of the 1-hour ozone NAAQS. The published in the Federal Register. passed. Copies of the agenda will be Cincinnati-Hamilton area includes the available free of charge at the hearing. Ohio Counties of Hamilton, Butler, Special Analyses Drafting Information: The principal Clermont, and Warren and the Kentucky It has been determined that these author of these regulations is Mark Counties of Boone, Campbell, and regulations are not a significant Harris of the Office of Associate Chief Kenton. This proposed determination is regulatory action as defined in Counsel (International). However, other based on three years of complete, Executive Order 12866. Therefore, a personnel from the IRS and Treasury quality-assured, ambient air monitoring regulatory assessment is not required. It Department participated in their data for the 1996 to 1998 ozone seasons is hereby certified that the collection of development. that demonstrate that the ozone NAAQS information contained in these has been attained in the area. regulations will not have a significant Proposed Amendments to the Preliminary ozone monitoring data for economic impact on a substantial Regulations 1999 continue to show the area attaining number of small entities. This Accordingly, 26 CFR part 1 is the ozone NAAQS. On the basis of this certification is based upon the fact that proposed to be amended as follows: determination, EPA is also determining the number of section 367(b) exchanges that certain attainment demonstration Income taxes, Reporting and that require reporting under these requirements, along with certain other recordkeeping requirements. regulations is estimated to be only 20 related requirements, of part D of Title per year. Therefore, a Regulatory PART 1ÐINCOME TAXES 1 of the Clean Air Act (CAA) are not Flexibility Analysis under the applicable to the Cincinnati-Hamilton Regulatory Flexibility Act (5 U.S.C. Paragraph 1. The authority citation for area. chapter 6) is not required. part 1 continues to read in part as The EPA is also proposing to approve Pursuant to section 7805(f) of the follows: the State of Ohio Environmental Code, these proposed regulations will be Protection Agency’s (OEPA) and the Authority: 26 U.S.C. 7805 * * * submitted to the Chief Counsel for Commonwealth of Kentucky Natural Advocacy of the Small Business Par. 2. Section 1.367(b)–3 is amended Resources and Environmental Administration for comment on their by adding paragraph (b)(4) to read as Protection Cabinet (Cabinet) requests to impact. follows: redesignate the Cincinnati-Hamilton

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3631 area to attainment of the 1-hour ozone States Environmental Protection demonstration requirements (section NAAQS. The redesignation request from Agency, Region 5, 77 West Jackson 172(c)(1)), along with certain other OEPA was received on July 2, 1999 and Boulevard, Chicago, Illinois 60604. U.S. related requirements, of Part D of Title completed on December 22, 1999. The Environmental Protection Agency, 1 of the CAA, specifically the section Cabinet sent the redesignation request to Region 4, Air Planning Branch, 172(c)(9) contingency measure EPA on October 29, 1999. Approval of Regulatory Planning Section, 61 Forsyth requirement, the section 182(b)(1) these redesignation requests would put Street, SW, Atlanta, Georgia 30303. attainment demonstration requirement into place a plan for maintaining the 1- FOR FURTHER INFORMATION CONTACT: and the 182(j) multi-state attainment hour ozone standard for the next 10 William Jones, Environmental Scientist, demonstration requirement are not years. Regulation Development Section, Air applicable to the Cincinnati-Hamilton The EPA is also re-proposing to Programs Branch (AR–18J), United area as long as it continues to attain the approve an exemption from the nitrogen States Environmental Protection ozone NAAQS. oxides (NOX) requirements as provided Agency, Region 5, Chicago, Illinois B. Why Is EPA Taking This Action? for in section 182(f) for the Kentucky 60604, (312) 886–6058, portion of the Cincinnati-Hamilton area. ([email protected]). Karla L. The EPA proposes to redesignate the area because three years of ambient air Section 182(f) establishes NOX McCorkle, Environmental Scientist, requirements for ozone nonattainment Regulatory Planning Section, Air monitoring data demonstrate that the ozone NAAQS has been attained and areas. However, it provides that these Planning Branch, U.S. Environmental the area has satisfied the other requirements do not apply to an area if Protection Agency, Region 4, 61 Forsyth requirements for redesignation. The the Administrator determines that NOX Street, SW, Atlanta, Georgia, 30303, EPA believes it is reasonable to interpret reductions would not contribute to 404–562–9043, provisions regarding attainment attainment. On November 11, 1994, the ([email protected]). Cabinet submitted a request for a 182(f) demonstrations, along with certain other Table of Contents related provisions, so as not to require NOX exemption and on May 10, 1995, EPA proposed approval for the I. Determination of Attainment State Implementation Plan (SIP) exemption. Subsequently, since the area A. What action is EPA proposing to take? submissions, as described further below, B. Why is EPA taking this action? if an ozone nonattainment area subject monitored an exceedance that C. What would be the effect of this action? constituted a violation of the ozone to those requirements is monitoring D. What is the background for this action? attainment of the ozone standard (i.e., NAAQS, EPA did not publish a final E. Where is the public record and where attainment of the NAAQS is notice approving the NOX exemption. do I send comments? Because the Cincinnati-Hamilton area is II. Redesignation Request demonstrated with three consecutive currently attaining the ozone NAAQS, A. What action is EPA proposing to take? years of complete, quality-assured, air EPA is proposing to grant the Kentucky B. Why is EPA taking this action? quality monitoring data). The EPA is C. What would be the effect of the basing this determination upon three portion a NOX exemption. If final action redesignation? is taken, then the Kentucky portion of years of complete, quality-assured, D. What is the background for this action? ambient air monitoring data for the 1996 the Cincinnati-Hamilton area would no E. What are the redesignation review to 1998 ozone seasons that demonstrate longer be subject to NOX requirements, criteria? however, all controls previously F. What is EPA’s analysis of the request? that the ozone NAAQS has been approved by the Cabinet must continue G. Where is the public record and where attained in the entire Cincinnati- to be implemented. do I send comments? Hamilton area. Preliminary ozone III. 182(f) NOX Exemption for Kentucky monitoring data for 1999 continue to DATES: Comments on EPA’s proposed A. What action is EPA proposing to take? show that the area is attaining the ozone action must be received by February 23, B. Where is the public record and where NAAQS. 2000. do I send comments? ADDRESSES: Written comments should IV. Disclaimer Language Approving SIP C. What Would Be the Effect of This be addressed to: Revisions in Audit Law States Action? J. Elmer Bortzer, Chief, Regulation V. What administrative requirements were considered? The requirements of section 172(c)(1), Development Section, Air Programs A. Executive Order 12866 182(b)(1) and 182(j) concerning the Branch (AR–18J), United States B. Executive Order 13132 submission of the ozone attainment Environmental Protection Agency, 77 C. Executive Order 13045 demonstration and the requirements of West Jackson Boulevard, Chicago, D. Executive Order 13084 section 172(c)(9) concerning Illinois 60604. E. Regulatory Flexibility Act contingency measures for reasonable Kay Prince, Chief, Regulatory Planning F. Unfunded Mandates Act further progress (RFP) or attainment will Section, Air Planning Branch, U.S. G. National Technology Transfer and not be applicable to the area. This Advancement Act Environmental Protection Agency, 61 proposal does not revoke the 1-hour Forsyth Street, SW, Atlanta, Georgia I. Determination of Attainment standard (see discussion in II (A) of this 30303. document.) Copies of the OEPA’s and the A. What Action Is EPA Proposing To Cabinet’s submittals and other Take? D. What Is the Background for This information are available for inspection The EPA is proposing to determine Action? during normal business hours at the that the Cincinnati-Hamilton moderate Subpart 2 of part D of Title I of the following locations. The interested ozone nonattainment area has attained CAA contains various air quality persons wanting to examine these the NAAQS for ozone. The Cincinnati- planning and SIP submission documents should make an Hamilton area includes the Ohio requirements for ozone nonattainment appointment with the appropriate office Counties of Hamilton, Butler, Clermont, areas. The EPA believes it is reasonable at least 24 hours before the visiting day. and Warren and the Kentucky Counties to interpret provisions regarding RFP Reference file OH 132, KY–116 and KY of Boone, Campbell, and Kenton. On the and attainment demonstrations, along 84. Regulation Development Section, basis of this determination, EPA is also with certain other related provisions, so Air Programs Branch (AR–18J), United determining that certain attainment as not to require SIP submissions if an

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 3632 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules ozone nonattainment area subject to of the area. The air quality data relied redesignation of the Cincinnati- those requirements is monitoring upon to determine that the area is Hamilton moderate ozone attainment of the ozone standard (i.e., attaining the ozone standard must be nonattainment area to attainment of the attainment of the NAAQS demonstrated consistent with 40 CFR part 58 1-hour ozone NAAQS. The Cincinnati- with three consecutive years of requirements and other relevant EPA Hamilton area consists of the Ohio complete, quality-assured, air quality guidance and recorded in EPA’s Counties of Butler, Warren, Clermont, monitoring data). EPA has interpreted Aerometric Information Retrieval and Hamilton and the Kentucky the general provisions of subpart 1 of System (AIRS). Counties of Boone, Campbell, and part D of Title I (sections 171 and 172) The determinations made in this Kenton. so as not to require the submission of notice do not shield an area from future B. Why Is EPA Taking This Action? SIP revisions concerning RFP, EPA action to require emissions attainment demonstrations, or reductions from sources in the area The Cincinnati-Hamilton area meets contingency measures. As explained in where there is evidence, such as the redesignation and maintenance plan a memorandum from John S. Seitz, photochemical grid modeling, showing requirements of the CAA. Director, Office of Air Quality Planning that emissions from sources in the area EPA issued a proposal to determine and Standards, entitled ‘‘Reasonable contribute significantly to the 1-hour ozone NAAQS inapplicable Further Progress, Attainment nonattainment in, or interfere with to the Cincinnati-Hamilton area in light Demonstration, and Related maintenance by, any other states with of the new 8-hour ozone NAAQS on Requirements for Ozone Nonattainment respect to the NAAQS (see section June 10, 1999 (64 FR 110), when the Areas Meeting the Ozone National 110(a)(2)(D)). The EPA has authority U.S. Court of Appeals for the D.C. Ambient Air Quality Standard,’’ dated under sections 110(a)(2)(A) and Circuit issued its opinion in American May 10, 1995, EPA believes it is 110(a)(2)(D) of the CAA to require such Trucking Ass’ns, Inc. v. EPA, 175 F.3d appropriate to interpret the more emission reductions if necessary and 1027 (D.C. Cir. 1999) and modified in specific attainment demonstration and appropriate to deal with transport rehearing on October 29, 1999, WL related provisions of subpart 2 in the situations. 979463, which created uncertainty same manner. (See Sierra Club v. EPA, The EPA has reviewed the ambient air regarding the 8-hour ozone standard. 99 F.3d 1551 (10th Cir. 1996)) monitoring data for ozone (consistent Thus, EPA proposed to rescind findings The attainment demonstration with the requirements contained in 40 of inapplicability of the 1-hour ozone requirements of section 182(b)(1) are CFR part 58 and recorded in AIRS) for standard on October 25, 1999 (64 FR that the plan provide for ‘‘such specific the Cincinnati-Hamilton moderate 57424). Therefore, the 1-hour ozone annual reductions in emissions * * * as ozone nonattainment area from the 1996 standard remains applicable in the necessary to attain the national primary through 1998 ozone seasons. This data Cincinnati-Hamilton area. ambient air quality standard by the is summarized in Table 1 covering attainment date applicable under the C. What Would Be the Effect of the EPA’s analysis of the redesignation Redesignation? CAA.’’ If an area has in fact monitored request. Preliminary monitoring data for The redesignation would change the attainment of the relevant NAAQS, EPA 1999 show the area continues to attain official designation of the Ohio Counties believes there is no need for an area to the 1-hour ozone NAAQS. On the basis of Butler, Warren, Clermont, and make a further submission containing of this review, EPA determines that the Hamilton and the Kentucky Counties of additional measures to achieve area has attained the 1-hour ozone Boone, Campbell, and Kenton from attainment. This is also consistent with standard during the 1996–98 period, nonattainment to attainment for the 1- the interpretation of certain section which is the most recent three-year time hour ozone standard. It would also put 172(c) requirements provided by EPA in period of air quality monitoring data, into place a plan for maintaining the 1- the General Preamble to Title I. As EPA and therefore is not required to submit hour ozone standard for the next 10 stated in the Preamble, no other an attainment demonstration, and a years. This plan includes contingency measures to provide for attainment section 172(c)(9) contingency measure would be needed by areas seeking measures to correct any future plan. redesignation to attainment since violations of the 1-hour ozone standard. ‘‘attainment will have been reached’’ (57 E. Where Is the Public Record and D. What Is the Background for This FR 13564). Upon attainment of the Where Do I Send Comments? Action? NAAQS, the focus of state planning The official record for this proposed The OEPA and the Cabinet submitted efforts shifts to the maintenance of the rule is located at the addresses in the requests on August 16, 1999 and NAAQS and the development of a ADDRESSES section at the beginning of October 29, 1999, respectively, to maintenance plan under section 175A. this document. The addresses for Similar reasoning applies to other redesignate the Ohio and Kentucky sending comments are also provided in related provisions of subpart 2. The first portions of the Cincinnati-Hamilton area the ADDRESSES section at the beginning of these are the contingency measure from nonattainment to attainment for of this document. Public comments are requirements of section 172(c)(9) of the ozone. solicited on EPA’s proposed rulemaking CAA. The EPA has previously Under section 107(d) of the 1977 action. Public comments received by interpreted the contingency measure amended CAA, the EPA promulgated February 23, 2000, will be considered in requirement of section 172(c)(9) as no the ozone attainment status for each the development of EPA’s final longer being applicable once an area has geographic area of the country. All rulemaking action. attained the standard since those counties in the Cincinnati-Hamilton ‘‘contingency measures are directed at II. Redesignation Request area were designated as an ozone ensuring RFP and attainment by the nonattainment area in March 1978 (43 A. What Action Is EPA Proposing To applicable date’’ (57 FR 13564). FR 8962). On November 15, 1990, the The state must continue to operate an Take? CAA Amendments of 1990 were appropriate air quality monitoring The EPA is proposing approval of the enacted. Pursuant to section network, in accordance with 40 CFR maintenance plan submitted by the 107(d)(4)(A), on November 6, 1991 (56 part 58, to verify the attainment status OEPA and the Cabinet and FR 56694), the Ohio Counties of Butler,

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Clermont, Hamilton, and Warren and proposed revision which was the final Requests for Redesignation to the Kentucky Counties of Boone, portion of the initial request. On Attainment of the Ozone and Carbon Campbell, and Kenton were designated October 29, 1999, EPA received a Monoxide (CO) National Ambient Air as the Cincinnati-Hamilton moderate request from the Cabinet to parallel Quality Standards (NAAQS) on or after ozone nonattainment area, as a result of process the prehearing redesignation November 15, 1992,’’ Michael H. monitored violations of the ozone submittal. On December 13, 1999, the Shapiro, Acting Assistant Administrator NAAQS during the 1987–1989 time Cabinet submitted to EPA the final for Air and Radiation, September 17, frame. On November 14, 1994, OEPA redesignation request including the 1993. submitted a redesignation request for Cabinet’s public hearing results. 4. ‘‘State Implementation Plan (SIP) the Ohio portion of the Cincinnati- E. What Are the Redesignation Review Actions Submitted in Response to Clean Hamilton area and EPA published a Criteria? Air Act Deadlines,’’ John Calcagni, proposed redesignation rulemaking on Director, Air Quality Management May 5, 1995 (60 FR 22337), for the Ohio The CAA provides the requirements Division, October 28, 1992. (Calcagni, for redesignating a nonattainment area portion of the Cincinnati-Hamilton area. October 1992) On November 11, 1994, the Cabinet to attainment. Specifically, section submitted a redesignation request for 107(d)(3)(E) allows for redesignation 5. ‘‘Procedures for Processing the Kentucky portion of the Cincinnati- providing that: (1) The Administrator Requests to Redesignate Areas to Hamilton area and revised the request determines that the area has attained the Attainment,’’ John Calcagni, Director, on July 19, 1995. NAAQS; (2) The Administrator has fully Air Quality Management Division, During July of 1995, an ozone monitor approved the applicable September 4, 1992. in the area recorded an exceedance of implementation plan for the area under 6. ‘‘Contingency Measures for Ozone the ozone standard resulting in a Section 110(k); (3) The Administrator and Carbon Monoxide (CO) violation of the 1-hour ozone NAAQS. determines that the improvement in air Redesignations,’’ G.T. Helms, Chief, As a result of the violation the area was quality is due to permanent and Ozone/Carbon Monoxide Programs no longer attaining the ozone air quality enforceable reductions in emissions Branch, June 1, 1992. standard. On September 27, 1996 (61 FR resulting from implementation of the 7. State Implementation Plans; 50718), EPA disapproved the applicable state implementation plan General Preamble for the redesignation request for the Kentucky and applicable Federal air pollutant Implementation of Title I of the Clean portion of the Cincinnati-Hamilton area control regulations and other permanent Air Act Amendments of 1990 (57 FR and on February 18, 1997 (62 FR 7194), and enforceable reductions; (4) The 13498), April 16, 1992. EPA proposed to disapprove the Administrator has fully approved a redesignation request for the Ohio maintenance plan for the area as F. What Is EPA’s Analysis of the portion based on the area’s violation of meeting the requirements of section Request? the ozone NAAQS. Both Ohio and 175(A); and, (5) The State containing 1. The Area Must Be Attaining the 1- Kentucky were not meeting the such area has met all requirements Hour Ozone NAAQS requirements for redesignation specified applicable to the area under section 110 under section 107(d)(3)(E) of the CAA and part D. For ozone, an area may be considered during the time period when these The EPA provided guidance on attaining the 1-hour ozone NAAQS if actions were taken by EPA. The EPA redesignation in the General Preamble there are no violations, as determined in will not respond to comments received for the Implementation of Title I of the accordance with 40 CFR 50.9 and on the February 18, 1997, proposed CAA Amendments of 1990, on April 16, appendix H, based on three complete, rulemaking, since that request is now 1992 (57 FR 13498) and supplemented consecutive calendar years of quality moot, having been superseded by a new on April 28, 1992 (57 FR 18070). The assured monitoring data. A violation of request. This subsequent request is the EPA has provided further guidance on the 1-hour ozone NAAQS occurs when subject of this proposed rulemaking. processing redesignation requests in the the annual average number of expected The Cincinnati-Hamilton area has following documents: daily exceedances is equal to or greater since recorded three years of complete, 1. ‘‘Part D New Source Review (part than 1.05 per year at a monitoring site. quality-assured, ambient air quality D NSR) Requirements for Areas A daily exceedance occurs when the monitoring data for the 1996 to 1998 Requesting Redesignation to maximum hourly ozone concentration ozone seasons, thereby demonstrating Attainment,’’ Mary D. Nichols, Assistant during a given day is 0.125 parts per that the area has attained the 1-hour Administrator for Air and Radiation, million (ppm) or higher. The data must ozone NAAQS. Preliminary ozone October 14, 1994. (Nichols, October be collected and quality-assured in monitoring data for 1999 continue to 1994) accordance with 40 CFR part 58, and show the area is attaining the ozone 2. ‘‘Use of Actual Emissions in recorded in AIRS. The monitors should NAAQS. On July 2, 1999, EPA received Maintenance Demonstrations for Ozone have remained at the same location for a redesignation request from OEPA and Carbon Monoxide (CO) the duration of the monitoring period which supersedes its request submitted Nonattainment Areas,’’ D. Kent Berry, required for demonstrating attainment. on November 14, 1994. On August 16, Acting Director, Air Quality The OEPA and the Cabinet submitted 1999, OEPA submitted additional Management Division, November 30, ozone monitoring data for the April information for the request and on 1993. through October ozone season from December 22, 1999, EPA received the 3. ‘‘State Implementation Plan (SIP) 1996 to 1998. Table 1 below summarizes results of OEPA’s public hearing on the Requirements for Areas Submitting the air quality data from 1996–1998.

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TABLE 1.Ð1-HOUR OZONE NAAQS EXCEEDANCES IN THE CINCINNATI-HAMILTON, OHIOÐKENTUCKY AREA FROM 1996 TO 1998

Exceedances Expected Site County Year measured exceedances

Middletown ...... Butler ...... 1996 1 1.0 Middletown ...... Butler ...... 1997 1 1.0 Middletown ...... Butler ...... 1998 0 0.0 Hamilton ...... Butler ...... 1996 0 0.0 Hamilton ...... Butler ...... 1997 0 0.0 Hamilton ...... Butler ...... 1998 0 0.0 4430 SR 222 ...... Clermont ...... 1996 0 0.0 4430 SR 222 ...... Clermont ...... 1997 0 0.0 4430 SR 222 ...... Clermont ...... 1998 1 1.0 11590 Grooms Rd...... Hamilton ...... 1996 0 0.0 11590 Grooms Rd...... Hamilton ...... 1997 1 1.0 11590 Grooms Rd...... Hamilton ...... 1998 1 1.0 6950 Ripple Road ...... Hamilton ...... 1996 0 0.0 6950 Ripple Road ...... Hamilton ...... 1997 0 0.0 6950 Ripple Road ...... Hamilton ...... 1998 0 0.0 Cincinnati ...... Hamilton ...... 1996 0 0.0 Cincinnati ...... Hamilton ...... 1997 0 0.0 Cincinnati ...... Hamilton ...... 1998 0 0.0 Lebanon ...... Warren ...... 1996 0 0.0 Lebanon (230 Cook Road) ...... Warren ...... 1997 1 1.0 Lebanon (230 Cook Road) ...... Warren ...... 1998 1 1.0 KY 338 ...... Boone ...... 1996 0 0.0 KY 338 ...... Boone ...... 1997 0 0.0 KY 338 ...... Boone ...... 1998 0 0.0 Dayton ...... Campbell ...... 1996 1 1.0 Dayton ...... Campbell ...... 1997 0 0.0 Dayton ...... Campbell ...... 1998 0 0.0 Covington ...... Kenton ...... 1996 1 1.0 Covington ...... Kenton ...... 1997 0 0.0 Covington ...... Kenton ...... 1998 1 1.0

This data has been quality assured submittal of a complete redesignation section 175A(c)). If the redesignation is and is recorded in AIRS. During the request. If unimplemented and not disapproved, the States remain 1996 to 1998 time period, the necessary, these rules/programs may be obligated to fulfill those requirements. Middletown, Grooms Road, Lebanon, moved into the area’s maintenance plan Section 110 Requirements. General and Covington monitors each recorded as contingency measures rather than SIP elements are delineated in section a total of 2.0 expected exceedances. This fully approved into the SIP. As 110(a)(2) of Title I, part A. These equates to 0.67 average expected described below in the section of this requirements include but are not limited exceedances per year and shows that the notice addressing Volatile Organic to the following: submittal of a SIP that monitoring sites with the most Compounds (VOC) reasonably available has been adopted by the state after exceedances are attaining the 1-hour control technology (RACT) rules, reasonable notice and public hearing, ozone NAAQS. In addition, preliminary however, the EPA is allowing an provisions for establishment and 1999 ambient air quality monitoring exception to this policy. While all operation of appropriate apparatus, data indicate that the area continues to requirements that come due prior to the methods, systems and procedures attain the 1-hour ozone standard. As a submission of the redesignation request necessary to monitor ambient air result, the Cincinnati-Hamilton area is remain applicable requirements, the quality, implementation of a permit currently meeting the air quality EPA believes it is appropriate, in this program, provisions for part C, requirement for redesignation to instance, to allow an exception to policy Prevention of Significant Deterioration attainment of the ozone NAAQS. (Calcagni, September 4, 1992) to provide (PSD), and Part D, New Source Review 2. The Area Must Have a Fully that the requirement for certain VOC (NSR) permit programs, criteria for Approved SIP Under Section 110(k); RACT rules may be complied with stationary source emission control and the Area Must Have Met All simply through their incorporation measures, monitoring and reporting, Applicable Requirements Under Section among the contingency measures in the provisions for modeling, and provisions 110 and Part D maintenance plan. For reasons for public and local agency described later in this action, these participation. For purposes of Before the Cincinnati-Hamilton area measures need not be fully adopted and redesignation, the Ohio and Kentucky may be redesignated to attainment for approved prior to redesignation. SIPs were reviewed to ensure that all ozone, it must have fulfilled the Furthermore, requirements of the CAA requirements under the amended CAA applicable requirements of section 110 that come due subsequent to the area’s were satisfied through approved SIP and part D. The Calcagni memorandum submittal of a complete redesignation provisions. dated September 4, 1992, states that request would continue to be applicable Transport of Ozone Precursors to areas requesting redesignation to to the area until a redesignation is Downwind Areas. Modeling results attainment have to fully adopt rules and approved, but are not required as a utilizing EPA’s regional oxidant model programs that come due prior to the prerequisite for redesignation (see (ROM) indicate that ozone precursor

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3635 emissions from various states west of RFP plan for Cincinnati and on January and procedures to ensure that Federally the ozone transport region (OTR) in the 28, 1998 (63 FR 4188) EPA approved the supported or funded projects conform to northeastern United States contribute to RFP plan as meeting the 15 percent RFP the air quality planning goals in the increases in ozone concentrations in the requirements of section 182(b)(1)(A). By applicable SIP. The requirement to OTR. The EPA issued a SIP call on meeting the specific 15% RFP determine conformity applies to October 27, 1998, (63 FR 57356) requirements of section 182(b)(1)(A), transportation plans, programs and requiring the District of Columbia (DC) Cincinnati is also meeting the RFP projects developed, funded or approved and 22 states, including Ohio and requirement of section 172(c)(2). Section under title 23 U.S.C. of the Federal Kentucky to reduce their emissions of 172(c)(3) requires submission and Transit Act (‘‘transportation oxides of nitrogen in order to reduce the approval of a comprehensive, accurate, conformity’’), as well as to all other transport of ozone and ozone and current inventory of actual Federally supported or funded projects precursors. The SIP Call submittal date emissions. The OEPA submitted an (‘‘general conformity’’). Section 176 of September 1999 has been stayed by actual emission inventory under section further provides that state conformity the DC Circuit Court. Because of the stay 182(a)(1) and EPA approved it on revisions must be consistent with of the submittal date, this is not an December 7, 1995 (60 FR 62737). The Federal conformity regulations that the applicable requirement and thus, need Cabinet submitted on September 11, CAA required the EPA to promulgate. not be met for purposes of 1998, a 15 Percent VOC Reduction Plan The EPA believes it is reasonable to redesignation. and the 1990 base year inventory for the interpret the conformity requirements as EPA has determined that the Ohio Kentucky Counties of Boone, Campbell, not applying for purposes of evaluating and Kentucky SIPs for the Cincinnati- and Kenton and EPA approved the the redesignation request under section Hamilton 1-hour ozone nonattainment submittal on December 8, 1998 (63 FR 107(d). The rationale for this is based on area satisfy all of the section 110 SIP 67586). EPA has determined that the a combination of two factors. First, the requirements of the CAA. RFP and actual emission inventory requirement to submit SIP revisions to Part D: General Provisions for requirement for Ohio and Kentucky is comply with the conformity provisions Nonattainment Areas. Before the satisfied. of the CAA continues to apply to areas Cincinnati-Hamilton area may be Section 172(c)(5) requires permits for after redesignation to attainment, since redesignated to attainment, it must have the construction and operation of new such areas would be subject to a section fulfilled the applicable requirements of and modified major stationary sources 175A maintenance plan. Second, EPA’s part D. Under part D, an area’s anywhere in the nonattainment area. Federal conformity rules require the classification determines the Section 182(b)(5) requires all major new performance of conformity analyses in requirements to which it is subject. sources or modifications in a moderate the absence of Federally approved state Subpart 1 of part D sets forth the basic nonattainment area to achieve offsetting rules. Therefore, because areas are nonattainment requirements applicable reductions of VOCs at a ratio of at least subject to the conformity requirements to all nonattainment areas. Subpart 2 of 1.15 to 1.0. The EPA has determined regardless of whether they are part D establishes additional that areas being redesignated do not redesignated to attainment and must requirements for nonattainment areas need to comply with the requirement implement conformity under Federal classified under Table 1 of section that a NSR program be approved prior rules if state rules are not yet approved, 181(a). As described in the General to redesignation provided that the area the EPA believes it is reasonable to view Preamble for the Implementation of demonstrates maintenance of the these requirements as not applying for Title 1, specific requirements of subpart standard without part D NSR in effect. purposes of evaluating a redesignation 2 may override subpart 1’s general The rationale for this decision is request. Consequently, EPA may provisions (57 FR 13501, April 16, described in a memorandum from Mary approve the ozone redesignation request 1992). The Cincinnati-Hamilton area Nichols dated October 14, 1994. See for the Ohio and Kentucky portion of was classified as moderate ozone discussion in the Grand Rapids, the Cincinnati-Hamilton area without a nonattainment. Therefore, in order to be Michigan document published on June fully approved conformity SIP. See redesignated, the State must meet the 21, 1996 (61 FR 31831). The States have Detroit, Michigan, carbon monoxide applicable requirements of subpart 1 of demonstrated that the Cincinnati- redesignation published on June 30, part D—specifically sections 172(c) and Hamilton area will be able to maintain 1999 (64 FR 35017), Cleveland-Akron- 176, as well as the applicable the standard without part D NSR in Lorain ozone redesignation published requirements of subpart 2 of part D. effect, and, therefore, the States need on May 7, 1996 (61 FR 20458), and Section 172(c) Requirements. EPA has not have fully approved part D NSR Tampa, Florida, published on December determined that the redesignation programs prior to approval of the 7, 1995 (60 FR 52748). request received from the OEPA and the redesignation request for the Cincinnati- Subpart 2 Section 182 Requirements. Cabinet for the Cincinnati-Hamilton Hamilton area. The OEPA’s federally The Cincinnati-Hamilton area is area has satisfied all of the relevant delegated PSD program will become classified moderate nonattainment; submittal requirements under section effective in the Cincinnati area upon therefore, part D, subpart 2, section 172(c) necessary for the area to be redesignation to attainment. The 182(b) requirements apply. In redesignated to attainment. In the first Cabinet has a statewide NSR rule. EPA accordance with the September 17, part of this proposed rulemaking, EPA approved the latest version of the NSR 1993, EPA guidance memorandum, the is proposing to determine that the rule on June 23, 1994 (59 FR 32343) and requirements which came due prior to requirement for a SIP revision providing the latest version of the statewide PSD the submission of the request to an attainment demonstration to meet rule on June 24, 1998 (63 FR 39741). redesignate the area must be fully section 172(c)(1), 182(b)(1), and 182(j) is Kentucky’s PSD requirements will approved into the SIP before or at the not applicable. The RFP requirement remain enforceable after the time of the request to redesignate the under section 172(c)(2) is defined as redesignation of the Cincinnati- area to attainment. Those requirements progress that must be made toward Hamilton area. are discussed below: attainment. Section 182(b)(1)(A) sets Section 176 Conformity 1990 Base Year Inventory. The 1990 forth the specific requirements for RFP. Requirements. Section 176(c) of the base year emission inventory was due On March 14, 1994, Ohio submitted an CAA requires states to establish criteria on November 15, 1992. OEPA submitted

VerDate 042000 12:23 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm03 PsN: 24JAP1 3636 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules the 1990 base year emission inventory Technique Guideline (CTG) document the above cited Grand Rapids, Michigan, on March 14, 1994, for the Ohio portion issued between November 15, 1990 and redesignation and as explained below. and EPA approved it on December 7, the date of attainment; (2) All sources The EPA believes that several factors in 1995 (60 FR 62737). The Cabinet covered by a CTG issued prior to combination justify this approach with submitted the 1990 base year emission November 15, 1990; (3) All other major respect to the Cincinnati-Hamilton inventory on September 11, 1998, and non-CTG stationary sources. The non- redesignation. First, the RACT rules at EPA approved it on December 8, 1998 CTG rules were due by November 15, issue in this redesignation were not (63 FR 67586). 1992, and apply to the Ohio and needed to bring about attainment of the Periodic Emissions Inventory. Kentucky submittal. The EPA approved standard in Cincinnati. Second, Ohio Periodic inventories were required to be Ohio’s VOC RACT rules on April 25, has demonstrated continued submitted on November 15, 1995, and 1996 (61 FR 18255), September 7, 1994 maintenance of the ozone standard November 15, 1998, providing an (59 FR 46182) and October 23, 1995 (60 through 2010 without the estimate of emissions for 1993 and 1996, FR 54308). EPA approved Kentucky’s implementation of these measures. respectively. This inventory is not VOC RACT rules on January 25, 1980 Third, Ohio has placed other considered a SIP requirement for the (45 FR 6092), August 7, 1981 (46 FR contingency measures in the Cincinnati-Hamilton area, therefore they 40188), February 7, 1990 (55 FR 4169), maintenance plan that would bring do not need to be approved into the SIP. June 23, 1994, (59 FR 32344), and June about far greater emission reductions Ohio provided its most recent estimates 28, 1996 (61 FR 33674). Upon than the RACT rules and would of emissions for 1993 and 1996 in its redesignation of the area, all new major therefore be substantially more effective redesignation request and these VOC sources locating in Kentucky and in terms of correcting violations emissions are summarized in the tables all major modifications to existing major attributable to local emissions from the provided in this proposed action. VOC sources will continue to be subject Cincinnati area that may occur after Kentucky also provided EPA with to the RACT requirements. These redesignation. An analysis of emission periodic emissions for 1993 and 1996. actions satisfy requirements (2) and (3) reduction estimates, based on Emission Statements. The emission above for the Ohio and Kentucky documentation contained in Ohio’s 15 statement SIP was due on November 15, portion of the Cincinnati-Hamilton area. percent RFP Plan, shows that the 1992. The OEPA submitted an emission Since November 15, 1990, EPA has implementation of low Reid Vapor statement SIP for Ohio on March 18, issued CTG documents for the VOC Pressure (RVP) or Reformulated 1994 and EPA approved it on October source categories of aerospace, synthetic Gasoline programs would bring about 13, 1994 (59 FR 51863). The Cabinet organic compound manufacturing greater reductions than the CTG VOC submitted the emission statement SIP industry (SOCMI) reactor and RACT rules issued since 1990. As a for Kentucky on January 15, 1993 and distillation processes, shipbuilding, and consequence, EPA believes that the supplemented the submittal on wood furniture. To satisfy the other, more effective contingency December 29, 1994 to satisfy the federal requirement of (1) above, the Cabinet measures, should and would be requirements. EPA published approval submitted a negative declaration on implemented first even if the RACT of the Kentucky emission statement on December 14, 1999 for the CTG rules were to be fully adopted prior to May 2, 1995 (60 FR 21445). 15 Percent Plan. The 15 percent RFP categories of aerospace, SOCMI reactor redesignation. The EPA emphasizes that plan for VOC reductions was required to and distillation processes, shipbuilding, even under the exception to its policy be submitted by November 15, 1993, and wood furniture. Ohio has satisfied proposed herein, the requirement for and, therefore, is applicable to the requirement (1) above by including these RACT rules remains an applicable Cincinnati-Hamilton moderate ozone these CTG categories as contingency requirement for purposes of evaluating nonattainment area. The OEPA measures in their maintenance plan. the redesignation request since it submitted the 15 percent RFP plan on This is discussed below. predated the submission of the request. March 14, 1994 and EPA approved it on In regards to requirement (1) above, The requirement, however, would be January 28, 1998 (63 FR 4188). The EPA’s policy on redesignations would met in the form of the submission and Cabinet originally submitted a 15 require full adoption, submission and full approval of a commitment to adopt percent plan in November 1993 and approval of these rules prior to approval and implement these rules as revised the plan in March 1994. By the of the redesignation request. Since the contingency measures in the end of the 1994 ozone season, air due date for the CTG RACT rules at maintenance plan. (Under EPA’s quality monitoring data for the entire issue preceded the submission of the existing policy, contingency measures Cincinnati area showed attainment of redesignation request, EPA believes, in maintenance plans may consist of the 1-hour ozone NAAQS. Therefore, on however, that, in the context of the commitments to adopt and implement June 29, 1995, the Cabinet requested particular circumstances of this measures upon a violation of the that EPA take no further action on the redesignation, that it is permissible to standard (Calcagni, September 1992)). submitted 15 percent plan. depart from that policy and instead The EPA further notes that even Subsequently, during the 1995 ozone accept a commitment to implement without this exception to its general season the area monitored a violation these RACT rules as contingency policy, the State would have been able making the 15 percent plan again an measures in the maintenance plan to have the RACT rules become a part applicable requirement for the area. On rather than require full adoption and of the contingency measures in the September 11, 1998, the Cabinet approval of the rules prior to approval maintenance plan upon approval of the submitted a revised 15 percent VOC of the redesignation. See Grand Rapids, redesignation. That could have occurred Reduction Plan and EPA approved it on Michigan, redesignation (61 FR 31831, only after or upon EPA’s full approval December 8, 1998 (63 FR 67586). June 21, 1996). The State of Ohio has of the adopted RACT rules, however. VOC RACT Requirements. SIP included these RACT rules as Thus, the only difference between EPA’s revisions requiring RACT for three contingency measures in its general policy and the exception to that classes of VOC sources are required maintenance plan for Cincinnati. The policy described in this proposal is that under section 182(b)(2). The categories reasons justifying this exception to a commitment to adopt and implement are: (1) All sources covered by a Control EPA’s general policy are explained in the RACT rules in an expeditious

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manner, rather than fully adopted RACT NOX Requirement. Section 182(f) portion of the Cincinnati-Hamilton area rules, would be among the contingency establishes NOX requirements for ozone is due to emissions reductions from the measures in the maintenance plan. In nonattainment areas. However, it Federal Motor Vehicle Emissions light of the combination of factors provides that these requirements do not Control Program (FMVECP), Stage II discussed above, including in particular apply to an area if the Administrator vapor recovery program, VOC RACT the presence of other, significantly more determines that NOX reductions would controls, and the partial implementation effective, contingency measures in the not contribute to attainment. The of E-Check. Between 1993 and 1996, the maintenance plan, EPA believes that Administrator made such a Ohio area’s VOC emissions were this difference has no significant determination for the Ohio portion of reduced by 6.7 percent. Kentucky environmental consequence and that it the Cincinnati-Hamilton nonattainment attributes the improvement in air is legally permissible to approve the area on July 13, 1995 (60 FR 36060). quality to emission reductions achieved Cincinnati-Hamilton redesignation on After this waiver was approved, the prior to the attainment year of 1996 this basis. Cincinnati-Hamilton area monitored a through the following programs: Stage II Vapor Recovery. Section violation of the 1-hour ozone standard. FMVECP; VOC RACT; fleet turnover of 182(b)(3) requires states to submit Stage Since that time the area has returned to automobiles; low Reid Vapor Pressure II rules no later than November 15, monitoring attainment and continues to (RVP) gasoline; reformulated gasoline; 1992. The Ohio Stage II rules were do so. EPA is leaving the NOX waiver and ceased operation and improved submitted as a SIP revision on June 7, in place based on the area returning to technology at facilities in the area. 1993 and on October 20, 1994. The EPA attainment. Since the NOX waiver is Between 1990 and 1996, the Kentucky partially approved and partially approved as a final rule, OEPA is not area’s VOC emissions were reduced by disapproved Ohio’s SIP revision for required to impose NOX control 2.93 tons per day. Additional programs implementation of Stage II (58 FR measures pursuant to section 182(f) for have been implemented in the Kentucky 52911). As stated in that rulemaking the Cincinnati-Hamilton area to be area since the 1996 attainment year action, with the exception of paragraph redesignated. OEPA has committed to which have provided substantial 3745–21–09 (DDD)(5), EPA considers adopt NOX RACT rules as a contingency emission reductions for Kentucky. Ohio’s Stage II program to fully satisfy measure to be implemented upon a These programs include: Stage II vapor the criteria set forth in the September violation of the ozone NAAQS which recovery; vehicle emission testing 17, 1993, EPA guidance document for occurs after initial contingency program, increased rule effectiveness of such programs entitled ‘‘Enforcement measures are in place for the Cincinnati- Stage I vapor control; Architectural Guidance for Stage II Vehicle Refueling Hamilton area. Coatings, Traffic Paints, Auto Body Control Programs.’’ On February 3, 1998 On May 10, 1995, EPA proposed Refinishing, and Commercial/Consumer the Cabinet submitted Stage II controls approval for an exemption from NOX Products rules; and Open Burning requirements for the Kentucky portion and EPA approved the rule on controls. The State control programs of the Cincinnati-Hamilton area. December 8, 1998 (63 FR 67586). listed above have been approved into Subsequently, since the area monitored the Ohio and Kentucky SIP. Based on Only those Stage II provisions an exceedance that constituted a the listed programs, Ohio and Kentucky previously approved by EPA are part of violation of the ozone NAAQS, EPA did have shown that the improvement in air the Cincinnati-Hamilton area not publish a final notice approving the quality is based on permanent and maintenance plan. The September 17, NOX exemption. As discussed below, enforceable reductions in emissions and 1993, guidance memorandum listed EPA is also re-proposing to approve a meets this requirement. above states that once onboard vapor request from the Cabinet for a section recovery regulations are promulgated, 4. The Area Must Have a Fully 182(f) NOX exemption for the Kentucky the Stage II regulations are no longer portion of the Cincinnati-Hamilton area. Approved Maintenance Plan Meeting applicable for moderate ozone This proposal is based on the area the Requirements of Section 175A nonattainment areas. The EPA attaining the ozone NAAQS. Therefore, Section 175A of the CAA sets forth promulgated onboard vapor recovery upon redesignation the Kentucky the elements of a maintenance plan for rules in February 1994. Therefore, portion of the Cincinnati-Hamilton area areas seeking redesignation from pursuant to section 202(a)(6) of the would no longer be subject to NOX nonattainment to attainment. The CAA, Stage II would no longer be requirements. However, all controls maintenance plan is a SIP revision required. However, both Ohio and previously approved by the Cabinet which provides for maintenance of the Kentucky have opted to include must continue to be implemented, but relevant NAAQS in the area for at least reductions in VOCs from the Stage II no additional NOX measures would be 10 years after redesignation. The program as part of the submitted required. Calcagni memorandum dated September maintenance plan and the previously Ohio and Kentucky have satisfied the 4, 1992, provides additional guidance approved 15 percent RFP plans (63 FR requirement that the area must have a on the required content of a 4188 and 63 FR 67586). fully approved SIP under section 110(k) maintenance plan. An ozone Vehicle Inspection and Maintenance and the area must have met all maintenance plan should address the (I/M). The EPA’s final I/M regulations in applicable requirements under section following five areas: the attainment 40 CFR Part 85 require the States to 110 and part D. emissions inventory, maintenance submit a fully adopted I/M program by demonstration, monitoring network, November 15, 1993. Ohio submitted 3. The Improvement in Air Quality Must verification of continued attainment rules for an enhanced I/M program (E– Be Due to Permanent and Enforceable and, a contingency plan. The attainment Check), on May 26, 1994 and EPA Reductions in Emissions emissions inventory identifies the published approval of the rules on April The improvement in air quality must emissions level in the area which is 4, 1995 (60 FR 16989). On September be due to permanent and enforceable sufficient to attain the 1-hour ozone 11, 1998, the Cabinet submitted the reductions in emissions resulting from NAAQS, and includes emissions during Kentucky I/M program and EPA the SIP, Federal measures, and other the time period which had no approved the program rule on December state adopted measures. The monitored violations. Maintenance is 8, 1998 (63 FR 67586). improvement in air quality in the Ohio demonstrated by showing that future

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TABLE 2.ÐVOC EMISSIONS IN TONS PER SUMMER DAY FOR OHIO COUNTIES (HAMILTON, BUTLER, CLERMONT, AND WARREN)

1996 1999 2002 2005 2010 1990 base 1993 attainment projected projected projected projected

Point ...... 70.9 72.8 74.9 77.0 79.2 81.4 83.0 Area ...... 69.0 69.8 70.7 71.4 72.3 73.1 75.0 Mobile ...... 125.8 85.3 67.1 49.6 41.6 36.8 37.9

Totals ...... 265.7 227.9 212.7 198.0 193.1 191.3 195.9

TABLE 3.ÐNOX EMISSIONS IN TONS PER SUMMER DAY FOR OHIO COUNTIES (HAMILTON, BUTLER, CLERMONT, AND WARREN)

1996 1999 2002 2005 2010 1990 base 1993 attainment projected projected projected projected

Point ...... 280.0 279.4 279.0 278.6 278.3 277.6 277.4 Area ...... 29.8 30.3 30.9 31.4 32.1 32.2 34.0 Mobile ...... 130.7 115.6 101.3 84.4 72.0 65.5 52.3

Totals ...... 440.5 425.3 411.2 394.4 382.4 375.3 363.7

TABLE 4.ÐVOC EMISSIONS IN TONS PER SUMMER DAY FOR KENTUCKY COUNTIES (BOONE, CAMPBELL, AND KENTON)

1996 1999 2002 2005 2008 2010 1990 base attainment projected projected projected projected projected

Point ...... 3.9 4.14 3.96 4.07 4.19 4.33 4.4 Area ...... 12.6 13.57 10.27 10.45 10.76 11.13 11.35 Mobile ...... 17.54 12.69 12.07 8.25 7.38 6.47 5.83 Non-Highway ...... 8.6 9.31 9.58 9.82 10.23 10.65 10.97

Total ...... 42.64 39.71 35.88 32.59 32.56 32.58 32.55

TABLE 5.ÐNOX EMISSIONS IN TONS PER SUMMER DAY FOR KENTUCKY COUNTIES (BOONE, CAMPBELL, AND KENTON)

1996 1999 2002 2005 2008 2010 1990 base attainment projected projected projected projected projected

Point ...... 43.59 29.06 29.47 29.9 30.34 30.77 31.07 Area ...... 0.42 12.07 0.33 0.34 0.34 0.35 0.37 Mobile ...... 15.4 24.90 25.55 22.73 20.14 16.99 15.13 Non-Highway ...... 9.23 0.51 12.87 13.27 13.95 14.69 15.2

Total ...... 68.64 66.54 68.22 66.24 64.77 62.8 61.77

TABLE 6.ÐVOC EMISSIONS IN TONS PER SUMMER DAY FOR THE ENTIRE CINCINNATI-HAMILTON AREA

1996 1999 2002 2005 2010 1990 base attainment projected projected projected projected

Point ...... 74.8 79.04 80.96 83.27 85.59 87.4 Area ...... 90.2 93.58 91.25 92.57 94.09 97.32 Mobile ...... 143.34 79.79 61.67 49.85 44.18 43.73

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TABLE 6.ÐVOC EMISSIONS IN TONS PER SUMMER DAY FOR THE ENTIRE CINCINNATI-HAMILTON AREAÐContinued

1996 1999 2002 2005 2010 1990 base attainment projected projected projected projected

Total ...... 308.34 252.41 233.88 225.69 223.86 228.45

TABLE 7.ÐNOX EMISSIONS IN TONS PER SUMMER DAY FOR THE ENTIRE CINCINNATI-HAMILTON AREA

1996 1999 2002 2005 2010 1990 base attainment projected projected projected projected

Point ...... 323.59 308.06 308.07 308.2 307.94 308.47 Area ...... 39.45 43.48 44.6 45.71 46.49 49.57 Mobile ...... 146.1 126.2 109.95 94.73 85.64 67.43

Total ...... 509.14 477.74 462.62 448.64 440.07 425.47

The OEPA and the Cabinet commit to emission models. Annual progress 8. Controls on consumer products continue the operation of the monitors reports will summarize available VOC consistent with those adopted elsewhere in the area in accordance with 40 CFR and NOX emissions data. in the United States. part 58. The States will also track The contingency measures to be 9. VOC offsets for new or modified maintenance by regularly updating the considered for implementation for the major sources. emissions inventory for the area. The Ohio portion of the Cincinnati-Hamilton 10. VOC offsets for new or modified emission projections for 2010 are the area are listed below. minor sources. budgets for transportation conformity. 1. Lower RVP gasoline. 11. Increased ratio of VOC offsets The contingency plan for the 2. Reformulated gasoline. required for new sources. Cincinnati-Hamilton area contains three 3. Broader geographic coverage of major components: Attainment tracking, existing regulations. 12. Requirements of VOC controls on contingency measures to be 4. Application of RACT on sources new minor sources. implemented in the event that a covered by new control technology Selection of one or more of the violation of the ozone NAAQS occurs in guidelines issued in response to the contingency measures will be based on the Cincinnati-Hamilton area, and a 1990 CAA Amendments. various considerations including cost- mechanism with which to trigger the 5. Application of RACT to smaller effectiveness, VOC reduction potential, implementation of the contingency existing sources. economic and social consideration, and measures. 6. Implementation of one or more other factors the State determines to be Two methods of attainment tracking transportation control measures appropriate. will be utilized in the Ohio portion of sufficient to achieve at least a 0.5 Consideration and selection of one or the Cincinnati-Hamilton area: (1) Air percent reduction in actual area wide more of the contingency measures will quality monitoring using the existing VOC emissions. The transportation take place in the event the ozone ozone monitoring network, and (2) control measures to be considered NAAQS is violated. Initially, the State inventory updates on a regular would include: (1) Trip reductions of Ohio will conduct an analysis to schedule. Stationary, mobile, and area programs, including but not limited to determine the level of control measures source inventories will be updated at a employer-based transportation needed to assure expedient future minimum of once every three years management programs, area wide attainment. If a subsequent violation of beginning with 1996. Area emission rideshare programs, work schedule the ozone NAAQS occurs after inventories will be updated using change, and telecommuting; (2) transit implementation of the VOC controls revised census data. Mobile source improvements; (3) traffic flow measures, NOX RACT will be activated. emission inventories will be updated improvements; and, (4) other measures. Contingency measures on the Ohio using new vehicle miles traveled (VMT) 7. Alternative fuel programs for fleet portion of the area will be implemented estimates and any new EPA mobile vehicle operations. according to the following schedule:

TABLE 8.ÐCONTINGENCY MEASURE SCHEDULE FOR OHIO

ActivityÐVOC measure implementation Completion time after triggering event

Verify a violation has occurred ...... 1 month. Identify VOC plan and submit schedule for implementation ...... 3 months. Implement VOC control program ...... 12 months.

ActivityÐNOX measure implementation Completion time for second triggering event after implementation of the VOC contingency measure

Verify a violation has occurred ...... 1 month. Submit schedule for implementation of NOX RACT ...... 3 months. Implement NOX RACT ...... 18 months.

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Reformulated gasoline and low RVP 6. Employer based transportation establishes NOX requirements for ozone gasoline would not be able to be management plans, including nonattainment areas which require the implemented as contingency measures incentives. same provisions for major stationary by the State of Ohio unless the State 7. Programs to limit or restrict vehicle sources of NOX as apply to major first requested and received from EPA a use in downtown areas, or other areas stationary sources of VOCs. One of the waiver of federal preemption under of emission concentration, particularly requirements of major sources of VOCs section 211(c)(4) of the CAA. However, during periods of peak use. is RACT. Therefore, pursuant to section in light of the State’s listing of other 8. Programs for new construction and 182 of the CAA, RACT is a requirement potential contingency measures and the major construction of paths or tracks for for major sources of NOX in an ozone State’s commitment to implement use by pedestrians or by non-motorized nonattainment area. However, it contingency measures within 12 months vehicles when economically feasible provides that these requirements do not of a violation, the identification of and in the public interest. apply to a nonattainment area outside reformulated gasoline and low RVP The OEPA and the Cabinet submittals an ozone transport region if the gasoline does not detract from the adequately address the five basic Administrator determines that NOX approvability of the contingency plan. components which comprise a reductions would not contribute to The Cabinet commits to perform maintenance plan (attainment attainment. A NOX exemption request triennial reviews of actual emissions for inventory, maintenance demonstration, must be based upon the most recent the redesignated area using the latest monitoring network, verification of three years of monitoring data, and emission factors, models, and continued attainment, and a demonstrate that additional reductions methodologies. The Cabinet will begin contingency plan) and therefore, satisfy of NOX would not contribute to the triennial assessments in 2000 for the maintenance plan requirement. attainment of the NAAQS. calendar year 1999. At the time of this The CAA section 175A(b) also The EPA memorandum from John S. periodic inventory, the Cabinet will requires the OEPA and the Cabinet to Seitz, Director, Office of Air Quality review the assumptions made for the submit a revision of the SIP eight years Planning and Standards, dated February 8, 1995, entitled, ‘‘Section 182(f) purpose of the maintenance after the original redesignation request Nitrogen Oxides (NO ) Exemptions- demonstration concerning projected is approved to provide for maintenance X Revised Process Criteria,’’ decouples the growth in activity levels. If any of these of the NAAQS for an additional 10 years section 182(f) exemptions from NO assumptions appear to have changed following the first-10 year period. The X transport issues. The memorandum substantially, then the Cabinet will re- Cabinet has committed to submit the states that for an area that did not project emissions. revision to the SIP 8 years after redesignation of the Cincinnati- implement section 182(f) NOX In the event that exceedances of the requirements, but did attain the ozone 1-hour ozone standard are measured in Hamilton area. Ohio did not formally commit to submit this revision in the standard as demonstrated by ambient air any portion of the nonattainment area, monitoring data (consistent with 40 CFR or if periodic emission inventory redesignation request, however, OEPA is still required to submit a revision to part 58 and recorded in the AIRS), it is updates reveal excessive or apparent that additional NOX reductions unanticipated growth greater than 10 the SIP 8 years after this request is approved. required by section 182(f) would not percent in ozone precursor emissions, contribute to attainment of the NAAQS the Cabinet will evaluate existing G. Where Is the Public Record and in the area. control measures to determine the Where Do I Send Comments? On November 11, 1994, the Cabinet further emission reduction measures The official record for this proposed submitted a request for a 182(f) NOX that should be implemented at that rule has been established under OH–132 RACT exemption for the Kentucky time. and KY–116 and is located at the portion of the Cincinnati-Hamilton area In the event of a monitored violation addresses in the ADDRESSES section at and on May 10, 1995 (60 FR 24813), of the 1-hour ozone standard, the the beginning of this document. The EPA proposed approval of the Cabinet commits to adopt, within nine addresses for sending comments are also exemption. Subsequently, since the area monitored an exceedance that months, one or more of the following provided in the ADDRESSES section at contingency measures to achieve the beginning of this document. constituted a violation of the ozone reductions sufficient to bring the area Public comments are solicited on NAAQS, EPA did not publish a final back into attainment with the 1-hour EPA’s proposed rulemaking action. notice approving the NOX exemption. Based on evidence that the area is ozone NAAQS. All regulatory programs Public comments received by February currently demonstrating compliance will be implemented within 18 months. 23, 2000, will be considered in the with the ozone NAAQS, EPA is re- The Cabinet will also evaluate existing development of EPA’s final rulemaking proposing approval of Kentucky’s control measures to see if any further action. EPA will not respond to emission reductions should be request to exempt the Kentucky portion comments received on the February 18, of the Cincinnati-Hamilton area from implemented at that time. 1997 (62 FR 7194), proposed 1. Implementation of a program to the 182(f) NOX requirement. Discussed rulemaking, since a new request has in detail above, the EPA is also require additional emission reductions been submitted and is the subject of this on stationary sources. proposing to determine the Cincinnati- proposed rulemaking. Hamilton area has attained the 1-hour 2. New Source Review. III. 182(f) NOX Exemption for Kentucky ozone NAAQS. This proposed 3. Implementation of a more frequent, determination of attainment is based on or more stringent vehicle emissions A. What Action Is EPA Proposing To three years of complete, quality-assured, testing program. Take? ambient air monitoring data for the 1996 4. Restriction of certain roads or lanes EPA is also re-proposing to approve to 1998 ozone seasons that demonstrate to, or construction of such roads or an exemption from the NOX that the ozone NAAQS has been lanes for use by, passenger buses or requirement as provided for in Section attained in the area. Because the high-occupancy vehicles. 182(f) for the Kentucky portion of the Cincinnati-Hamilton area has presently 5. Trip-reduction ordinances. Cincinnati-Hamilton area. Section 182(f) attained the ozone NAAQS, this

VerDate 042000 20:41 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm12 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3641 exemption request for the area meets the V. What Administrative Requirements environmental health or safety risk that applicable requirements. If final action Were Considered? EPA has reason to believe may have a disproportionate effect on children. If is taken on this proposal to exempt the A. Executive Order 12866 Kentucky portion from 182(f) the regulatory action meets both criteria, requirements, upon redesignation it The Office of Management and Budget the Agency must evaluate the would no longer be subject to NO (OMB) has exempted this regulatory environmental health or safety effects of X action from Executive Order 12866, requirements for moderate the planned rule on children, and entitled ‘‘Regulatory Planning and nonattainment areas. However, all explain why the planned regulation is Review.’’ controls previously approved by the preferable to other potentially effective Cabinet must continue to be B. Executive Order 13132 and reasonably feasible alternatives considered by the Agency. implemented, but no additional NOX Federalism (64 FR 43255, August 10, This proposed rule is not subject to measures would be required. If there is 1999) revokes and replaces Executive Executive Order 13045 because it does a violation of the ozone NAAQS in any Order 12612 (Federalism) and Executive not involve decisions intended to portion of the Cincinnati-Hamilton area, Order 12875 (Enhancing the mitigate environmental health or safety the exemption would no longer be Intergovernmental Partnership). risks. applicable. Executive Order 13132 requires EPA to develop an accountable process to D. Executive Order 13084 B. Where Is the Public Record and ensure ‘‘meaningful and timely input by Under Executive Order 13084, EPA Where Do I Send Comments? State and local officials in the may not issue a regulation that is not development of regulatory policies that The official record for this proposed required by statute, that significantly have federalism implications.’’ ‘‘Policies rule has been established under KY–84 affects or uniquely affects the that have federalism implications’’ is communities of Indian tribal and is located only at the EPA Region defined in the Executive Order to governments, and that imposes 4 address in the ADDRESSES section at include regulations that have substantial direct compliance costs on the beginning of this document. The ‘‘substantial direct effects on the States, those communities, unless the Federal address for sending comments to EPA on the relationship between the national government provides the funds Region 4 is also provided in the government and the States, or on the necessary to pay the direct compliance ADDRESSES section at the beginning of distribution of power and costs incurred by the tribal this document. responsibilities among the various governments. If the mandate is Public comments are solicited on levels of government.’’ Under Executive unfunded, EPA must provide to the EPA’s proposed rulemaking action. Order 13132, EPA may not issue a Office of Management and Budget, in a Public comments received by February regulation that has federalism separately identified section of the 23, 2000, will be considered in the implications, that imposes substantial preamble to the rule, a description of development of EPA’s final rulemaking direct compliance costs, and that is not the extent of EPA’s prior consultation action. required by statute, unless the Federal with representatives of affected tribal government provides the funds governments, a summary of the nature IV. Disclaimer Language Approving SIP necessary to pay the direct compliance of their concerns, and a statement Revisions in Audit Law States costs incurred by State and local supporting the need to issue the governments, or EPA consults with regulation. In addition, Executive Order Nothing in this action should be State and local officials early in the 13084 requires EPA to develop an construed as making any determination process of developing the proposed effective process permitting elected and or expressing any position regarding regulation. EPA also may not issue a other representatives of Indian tribal Kentucky’s audit privilege and penalty regulation that has federalism governments ‘‘to provide meaningful immunity law Kentucky—‘‘KRS 224.01– implications and that preempts State and timely input in the development of 040’’ or its impact upon any approved law unless the Agency consults with regulatory policies on matters that provision in the SIP, including the State and local officials early in the significantly or uniquely affect their revision at issue here. The action taken process of developing the proposed communities.’’ Today’s proposed rule herein does not express or imply any regulation. does not significantly or uniquely affect viewpoint on the question of whether This final rule will not have the communities of Indian tribal there are legal deficiencies in this or any substantial direct effects on the States, governments. Accordingly, the other Clean Air Act program resulting on the relationship between the national requirements of section 3(b) of from the effect of Kentucky’s audit government and the States, or on the Executive Order 13084 do not apply to privilege and immunity law. A state distribution of power and this rule. responsibilities among the various audit privilege and immunity law can E. Regulatory Flexibility Act affect only state enforcement and cannot levels of government, as specified in The Regulatory Flexibility Act (RFA) have any impact on federal enforcement Executive Order 13132. Thus, the generally requires an agency to conduct authorities. EPA may at any time invoke requirements of section 6 of the a regulatory flexibility analysis of any its authority under the Clean Air Act, Executive Order do not apply to this rule. rule subject to notice and comment including, for example, sections 113, rulemaking requirements unless the 167, 205, 211 or 213, to enforce the C. Executive Order 13045 agency certifies that the rule will not requirements or prohibitions of the state Protection of Children from have a significant economic impact on plan, independently of any state Environmental Health Risks and Safety a substantial number of small entities. enforcement effort. In addition, citizen Risks (62 FR 19885, April 23, 1997), Small entities include small businesses, enforcement under section 304 of the applies to any rule that: (1) Is small not-for-profit enterprises, and Clean Air Act is likewise unaffected by determined to be ‘‘economically small governmental jurisdictions. a state audit privilege or immunity law. significant’’ as defined under Executive This proposed rule will not have a Order 12866, and (2) concerns an significant impact on a substantial

VerDate 042000 20:41 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm12 PsN: 24JAP1 3642 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules number of small entities because SIP G. National Technology Transfer and fully assembled large commercial approvals under section 110 and Advancement Act aircraft. We are proposing these subchapter I, part D of the CAA do not Section 12 of the National Technology amendments based on review of data create any new requirements but simply Transfer and Advancement Act that support significant technical approve requirements that the State is (NTTAA) of 1995 requires Federal concerns of an aircraft manufacturer’s already imposing. Therefore, because agencies to evaluate existing technical ability to achieve the current 350 grams the Federal SIP approval does not create standards when developing new per liter (g/L) (2.9 pounds per gallon (lb/ any new requirements, I certify that this regulations. To comply with NTTAA, gal)) hazardous air pollutant (HAP) and action will not have a significant the EPA must consider and use volatile organic compound (VOC) economic impact on a substantial ‘‘voluntary consensus standards’’ (VCS) content limit requirements when using number of small entities. if available and applicable when exterior primers. Moreover, due to the nature of the developing programs and policies DATES: Comments: Written comments Federal-State relationship under the unless doing so would be inconsistent must be received by February 23, 2000, CAA, preparation of flexibility analysis with applicable law or otherwise unless a hearing is requested by would constitute Federal inquiry into impractical. February 3, 2000. If a hearing is the economic reasonableness of state The EPA believes that VCS are requested, written comments must be action. The CAA forbids EPA to base its inapplicable to this proposed action. received by March 9, 2000. actions concerning SIPs on such Today’s action does not require the ADDRESSES: Comments: Comments grounds. Union Electric Co., v. U.S. public to perform activities conducive should be submitted (in duplicate, if EPA, 427 U.S. 246, 255–66 (1976); 42 to the use of VCS. possible) to: Air and Radiation Docket U.S.C. 7410(a)(2). List of Subjects and Information Center (6102), Redesignation of an area to attainment Attention Docket Number A–92–20, under section 107(d)(3)(E) of the CAA 40 CFR Part 52 Room M–1500, U.S. Environmental does not impose any new requirements Environmental protection, Air Protection Agency, 401 M Street, SW, on small entities. Redesignation is an pollution control, Ozone, Reporting and Washington, DC 20460. The EPA action that affects the status of a recordkeeping requirements, Volatile requests that a separate copy also be geographical area and does not impose organic compounds. sent to the contact person listed below in FOR FURTHER INFORMATION CONTACT. any regulatory requirements on sources. 40 CFR Part 81 The Administrator certifies that the Comments may also be submitted approval of the redesignation request Environmental protection, Air electronically by following the will not affect a substantial number of pollution control. instructions provided in SUPPLEMENTARY small entities. Authority: 42 U.S.C. 7401–7671q. INFORMATION. Public Hearing: Anyone requesting a F. Unfunded Mandates Dated: January 12, 2000. public hearing must contact the EPA by Francis X. Lyons, February 3, 2000. If requested, a public Under section 202 of the Unfunded Regional Administrator, Region 5. hearing will be held February 7, 2000. Mandates Reform Act of 1995 Dated: January 7, 2000. If a public hearing is requested, the (‘‘Unfunded Mandates Act’’), signed A. Stanley Meiburg, comment period will end 30 days after into law on March 22, 1995, EPA must Acting Regional Administrator, Region 4. the date of the public hearing, in which prepare a budgetary impact statement to case EPA will publish a document in accompany any proposed or final rule [FR Doc. 00–1555 Filed 1–21–00; 8:45 am] BILLING CODE 6560±50±U the Federal Register announcing the that includes a Federal mandate that hearing information and the extended may result in estimated annual costs to comment period. If a public hearing is State, local, or tribal governments in the ENVIRONMENTAL PROTECTION held, it will be held at the EPA’s Office aggregate; or to private sector, of $100 AGENCY of Administration Auditorium. Persons million or more. Under section 205, interested in attending the hearing to EPA must select the most cost-effective 40 CFR Part 63 present oral testimony should contact and least burdensome alternative that [AD±FRL±6526±8] Ms. Dorothy Apple; Policy, Planning, achieves the objectives of the rule and and Standards Group (MD-13); U.S. is consistent with statutory RIN 2060±A177 Environmental Protection Agency, requirements. Section 203 requires EPA Research Triangle Park, North Carolina to establish a plan for informing and National Emission Standards for 27711, telephone number (919) 541– advising any small governments that Hazardous Air Pollutants: Aerospace 4487. may be significantly or uniquely Manufacturing and Rework Facilities Docket: Docket number A–92–20, impacted by the rule. AGENCY: Environmental Protection containing information relevant to this EPA has determined that the approval Agency (EPA). proposed rulemaking, is available for action promulgated does not include a ACTION: Proposed rule; amendments. public inspection between 8:00 a.m. and Federal mandate that may result in 5:30 p.m., Monday through Friday estimated annual costs of $100 million SUMMARY: This action proposes to (except for Federal holidays) at the or more to either State, local, or tribal amend the national emission standards following address: U.S. Environmental governments in the aggregate, or to the for hazardous air pollutants (NESHAP) Protection Agency, Air and Radiation private sector. This Federal action for Aerospace Manufacturing and Docket and Information Center (MC– approves pre-existing requirements Rework Facilities to include a separate 6102), 401 M Street, SW, Washington, under State or local law, and imposes emission standard for exterior primers DC 20460, telephone: (202) 260–7548. no new requirements. Accordingly, no used for large commercial aircraft The docket is located at the above additional costs to State, local, or tribal components (parts or assemblies) or address in Room M–1500, Waterside governments, or to the private sector, fully assembled large commercial Mall (ground floor). A reasonable fee result from this action. aircraft at existing facilities that produce may be charged for copying.

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FOR FURTHER INFORMATION CONTACT: Mr. II. What provisions of the Aerospace expressed concerns about whether a James Szykman or Mr. Jaime Pagan; NESHAP would these proposed suitable exterior primer would be Policy, Planning, and Standards Group, amendments affect? available by the September 1, 1998 Emission Standards Division (MD–13); III. Whom would these proposed NESHAP compliance deadline for amendments affect? U.S. Environmental Protection Agency, IV. What are the administrative requirements existing sources. However, at that time, Research Triangle Park, North Carolina for this proposal? industry did not provide adequate 27711, telephone (919) 541–2452 A. Executive Order 12866, Regulatory supporting data to justify separate (Szykman) or (919) 541–5340 (Pagan), Planning and Review treatment of exterior primers for large electronic mail address B. Executive Order 13045: Protection of commercial aircraft. [email protected] or Children From Environmental Health Recently, an aircraft manufacturer [email protected]. Risks and Safety Risks raised these same concerns and C. Paperwork Reduction Act SUPPLEMENTARY INFORMATION: D. Regulatory Flexibility Act (RFA), as submitted additional data indicating that it has not been able to find a Regulated Entities amended by the Small Business Regulatory Enforcement Fairness Act satisfactory exterior primer for use in The regulated category and entities 1996 (SBREFA), 5 U.S.C. 601 et seq. manufacturing and assembling large affected by this action include: E. Unfunded Mandates Reform Act commercial aircraft that will meet the F. Executive Order 13084, Consultation current HAP and VOC content limits in Category Examples of regulated entities and Coordination With Indian Tribal the NESHAP and their own performance Governments Industry ...... Facilities which are major needs. This aircraft manufacturer has G. National Technology Transfer and stated that several factors exist that sources of hazardous air Advancement Act pollutants and manufacture H. Executive Order 13132: Federalism create a distinction between facilities large commercial aircraft. that produce fully assembled large I. Why Are We Taking This Action? commercial aircraft and facilities that This table is not intended to be On September 1, 1995, we manufacture other types of aerospace exhaustive but, rather, provides a guide promulgated the NESHAP for Aerospace components and vehicles. One of the for readers likely to be interested in the Manufacturing and Rework Facilities primary differences is the annual proposed amendments to the (60 FR 45948). The NESHAP contains utilization rates for large commercial regulations affected by this action. If standards to control organic HAP and aircraft versus other aircraft. Large you have any questions regarding the VOC emissions from primer application commercial aircraft often remain in applicability of these proposed operations. These standards require the constant use with multiple take-offs and amendments to a particular entity, use of a primer with an organic HAP landings daily and much higher annual consult the person listed in the and VOC content level of 350 g/L (2.9 flight hours than other aircraft. The total preceding FOR FURTHER INFORMATION lb/gal) or less (40 CFR 63.745(c)(1),(2)) flight time, flight frequency, and flight CONTACT section. where no add-on control system is used, altitudes for large commercial aircraft Electronic Access and Filing Addresses or the use of a control system to reduce are often much higher than for other the organic HAP and VOC emissions to types of aircraft, such as defense aircraft These proposed amendments, the the atmosphere by 81 percent or greater and general aviation aircraft. These promulgated NESHAP (40 CFR part 63, (§ 63.745(d)). We set these standards at higher utilization rates associated with subpart GG), and other background the maximum achievable control large commercial aircraft create distinct information are available in Docket technology (MACT) floor for new and stresses for the paint systems used. In Number A–92–20 or by request from the existing sources. addition, the largest of the commercial EPA’s Air and Radiation Docket and In the preamble to the proposed aircraft are often designed for overseas Information Center (ADDRESSES). These NESHAP (59 FR 29241), we explained travel (transcontinental routes) which documents can also be accessed through the basis of the MACT floor for primer creates a greater exposure to salt, a the EPA web site at: http:// application operations. We established strong corrosive agent. Finally, this www.epa.gov/ttn/oarpg. For further the MACT floor for existing facilities aircraft manufacturer has stated that information and general questions based on the weighted average VOC differing paint requirements, such as regarding the Technology Transfer content that represented the average of replicability of color and gloss, and Network (TTN) call Mr. Hersch Rorex the top 12 percent of facilities. Because differing maintenance requirements due (919) 541–5637. Electronic comments of the limited available data on the to its large number of customers (200 and data may be submitted by sending corresponding organic HAP content, we plus), are also factors that can contribute electronic mail (e-mail) to: a-and-r- proposed a HAP content limit at the to the acceptability of a paint system. [email protected]. Submit same level as the VOC content limit. This aircraft manufacturer expressed comments as an ASCII file, avoiding the Also, in applying these standards within significant technical concern about its use of special characters and any form the source category, we did not identify ability to find an exterior primer that of encryption. Comments and data will any technical reason to distinguish would provide adequate protection to also be accepted on diskette in Word between the different types of market large commercial aircraft without pitting Perfect 5.1, 6.1, Corel 8, or ACSII file segments (commercial or military), or or peeling and that would meet the VOC format. Identify all comments and data the work type (original equipment and HAP content standards for primers. in electronic form by the docket number manufacture or rework). Therefore, we This aircraft manufacturer has stated A–92–20. No Confidential Business applied these standards to all market that available low-VOC exterior primers Information (CBI) should be submitted segments within the source category. have very different physical and through electronic mail. Electronic In public comments received on the chemical properties, such as the comments may be filed online at many proposed rule, aircraft manufacturers rheology and cross-link density of the Federal Depository Libraries. raised concerns about the inclusion of coating, from the primers that were in Outline. The information presented in exterior primers for large commercial use when the MACT floor was this preamble is organized as follows: aircraft in the data set for the MACT established in 1995. Primers that were I. Why are we taking this action? floor on primer operations. The industry in use at that time contained 1,1,1

VerDate 042000 20:41 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm12 PsN: 24JAP1 3644 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules trichloroethane (TCA) but TCA has and the manufacturer of such aircraft all the sources. Use of the arithmetic since been phased out due to its adverse has many different customer average would result in a VOC content effect on the stratospheric ozone layer. specifications it must satisfy, we of 655 g/L. This method for calculating New TCA-free, high solids/low-VOC determined that a separate limit should the MACT floor yields a number that primers represent a distinct technology be established for these facilities. We does not correspond to an actual VOC from the previous TCA primer then re-evaluated the original data only content of primer used at these technology. The manufacturer has stated for facilities that manufactured fully facilities. Therefore, we determined the that this has resulted in changes to the assembled large commercial aircraft. In MACT floor for these four facilities performance characteristics of the our re-evaluation of the data, we based on the median VOC content for primer, particularly the adhesion, identified four facilities which primer operations at these facilities. The flexibility, and impact resistance, which manufactured fully assembled large MACT floor for primer operations at have resulted in a greater chance of the commercial aircraft. To account for the these facilities is 650 g/L (5.4 lb/gal) or coatings peeling and pitting. This fact that TCA-based primer is no longer less of organic HAP and VOC. This aircraft manufacturer provided available, we removed all TCA-based represents the existing source MACT summary test data on the 50 exterior primer data. The data from these four floor for all primer operations at primers tested since the Aerospace facilities on the annual usage of primers facilities that manufacture fully NESHAP was promulgated. used in the primer operations for large assembled large commercial aircraft. The compliance date for the NESHAP commercial aircraft had a VOC content We then considered exterior versus was September 1, 1998. We have that ranged from 650 g/L (5.3 lb/gal) to interior primers. The data recently granted compliance extensions based on 670 g/L (5.6 lb/gal). A more detailed submitted to us by the aircraft this issue; however, these extensions discussion of this analysis can be found manufacturer relate only to technical expired September 1, 1999. in the Docket (No. A–92–20) within the problems concerning the use of Today, we are proposing to amend the document titled, ‘‘MACT Floor for ‘‘exterior’’ primers at existing facilities current emission limits contained in 40 Aerospace Commercial Aircraft Original that manufacture fully assembled large CFR 63.745(c)(1) and (2) for primer Equipment Operations—Interior and commercial aircraft. We do not have any operations with no add-on control Exterior Primers.’’ data indicating that similar problems systems by proposing a separate The Clean Air Act requires that exist with the use of interior primers at emission limit of 650 g/L (5.4 lb/gal) or emission standards for HAP established these facilities. We believe that the 350 less of organic HAP and VOC for under section 112(d)(2) be based on g/L (2.9 lb/gal) level has already been exterior primers as applied to large ‘‘* * * the maximum degree of demonstrated to be an achievable level commercial aircraft components (parts reduction in emissions of the hazardous of control for interior primers used at or assemblies) or fully assembled large air pollutants subject to this section facilities that manufacture fully commercial aircraft at existing affected * * * that the Administrator, taking assembled large commercial aircraft. sources that produce fully assembled into consideration the cost of achieving Therefore, we propose to go beyond the large commercial aircraft; and an such emission reduction, and any non- MACT floor level of control (650 g/L emission limit of 350 g/L (2.9 lb/gal) or air quality health and environmental (2.9 lb/gal) or less of organic HAP and less of organic HAP and VOC for impacts and energy requirements, VOC to 350 g/L (2.9 lb/gal) or less of exterior primers as applied to large determines is achievable for new or organic HAP and VOC for interior commercial aircraft components (parts existing sources in the category or or assemblies) or fully assembled large subcategory to which such emission primer operations used at existing and commercial aircraft at new affected standards applies * * *.’’ This basis is new facilities that manufacture fully sources that produce fully assembled commonly referred to as MACT. assembled large commercial aircraft. large commercial aircraft. Our bases for Section 112(d)(3) further clarifies the We are not proposing to establish these amendments are data recently minimum acceptable stringency for the MACT at a level beyond the MACT floor submitted to us by a manufacturer of MACT level of emission reduction. For for exterior primers used on large large commercial aircraft and a new sources, MACT shall be no ‘‘* * * commercial aircraft at facilities that reevaluation of the original data used to less stringent than the emission control produce fully assembled large establish the MACT floor for primer that is achieved in practice by the best commercial aircraft. This is because we application operations. Also based on controlled similar source, as determined believe that meeting a standard more the fact that TCA-based primer is no by the Administrator.’’ For existing stringent than a 650 g/L level is not longer available, as previously sources, MACT ‘‘* * * shall not be less technically achievable for all existing discussed, we reevaluated the original stringent, and may be more stringent commercial production facilities that data used to establish the MACT floor than— manufacture and assemble large for primer application operations of 350 (A) the average emission limitation commercial aircraft at this time. g/L (2.9 lb/gal) or less of organic HAP achieved by the best performing 12 However, the manufacturer in question and VOC. percent of the existing sources * * * in has stated that it will continue to test In order to determine if a separate the category or subcategory for and evaluate exterior primers, used to limit should be established for exterior categories and subcategories with 30 or manufacture and assemble large primers used on large commercial more sources, or commercial aircraft, with the goal of aircraft at existing facilities that produce (B) the average emission limitation achieving the current content limit of fully assembled large commercial achieved by the best performing five 350 g/L. Should this manufacturer find aircraft, we considered whether these sources * * * in the category or an exterior primer that meets its facilities are distinct from other subcategory for categories or specifications and is lower than the segments of the industry. Because large subcategories with fewer than 30 proposed content limit of 650 g/L prior commercial aircraft often have much sources.’’ to promulgation of these proposed higher annual utilization rates and In prior rulemaking where fewer than amendments, we intend to promulgate greater exposure to corrosive five sources exist, we have based the an emission limit for exterior primers environments, creating the need for MACT floor for existing sources on the used on large commercial aircraft at higher performance coating systems, average emission limitation achieved by facilities that manufacture fully

VerDate 042000 20:41 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm12 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3645 assembled large commercial aircraft that the MACT floor for these sectors of the alternative for defining large would be at this lower level. industry would also be in the range of commercial aircraft. For new sources, section 112(d)(3) 650 g/L, assuming that we removed the Based on our review of the data, we states that MACT ‘‘* * * shall not be TCA-based data from the data set. believe that the weight of the aircraft is less stringent than the emission control However, even if the floor for these the best defining factor. Greater weight that is achieved in practice by the best sectors were to change, we would see no frequently is related to aircraft that are controlled similar source, as determined reason not to adopt the current 350 g/ designed to have greater flight time, by the Administrator.’’ L limit as an above-the-floor flight frequency and flight altitude. Based on our reevaluation of these requirement. We have received no After reviewing the FAA definitions of original data, the new source MACT information indicating that this limit is large aircraft, we believe that maximum floor for primer operations used on large not achievable for these sectors of the take-off weight would be an appropriate commercial aircraft at facilities that industry. In addition, on September 1, criterion to define large commercial produce fully assembled large 1998, we issued amendments to the aircraft. The maximum take-off weight commercial aircraft is 650 g/L (5.4 lb/ Aerospace NESHAP (63 FR 46533) that is well known and documented within gal) or less of organic HAP and VOC. set new standards for the control of the industry. However, based on the This represents the ‘‘best controlled organic HAP and VOC emissions from data received, the current definition similar source’’ from these four primer and topcoat application within FAA regulations (a maximum facilities. Since the original data were operations for general aviation rework take-off weight of 12,500 lbs) does not collected, new high-solids chemistry, facilities. We believe that those characterize the size of the aircraft without TCA, has been employed to standards resolved any similar problems where we believe the problems exist for achieve the 350 g/L levels. Some for the general aviation rework facilities. exterior primers. existing sources may not be able to use Therefore, the proposed organic HAP With respect to the second part of this this new technology, combined with and VOC emission limit of 650 g/L (5.4 definition, ‘‘commercial,’’ this other changes to low-HAP and low-VOC lb/gal) or less for exterior primers manufacturer has not indicated that this topcoats and new application applies only to large commercial aircraft is a problem for the large military techniques, because of design components (parts or assemblies) or aircraft it manufactures. Therefore, we constraints in their overall operation. fully assembled large commercial are defining the term commercial to The use of this technology may only be aircraft at existing affected sources that exclude large aircraft manufactured for feasible for facilities with maximum produce fully assembled large military use. We are proposing to define a large flexibility in physical plant, climate commercial aircraft. control, contaminant control (keeping commercial aircraft as an aircraft of the surface clean prior to primer In deciding how to define ‘‘large more than 110,000 pounds, maximum application), etc. However, for a new commercial aircraft,’’ we evaluated certified take-off weight manufactured source that manufactures fully several different criteria. A review of for non-military use. We are requesting assembled large commercial aircraft, the current Federal Aviation Agency (FAA) comments on this definition along with operation as a whole could be designed regulations revealed two definitions of the use of the other criteria discussed to accommodate the new high-solids large aircraft in the Code of Federal for defining large commercial aircraft. Regulations, Title 14 (-) Aeronautics and technology. Indeed, at least one large II. What Provisions of the Aerospace commercial aircraft facility is currently Space. Under title 14, part 1, general definitions are provided which are NESHAP Would These Proposed using this technology (Boeing Long Amendments Affect? Beach facility, formerly the McDonnell applicable for the majority of FAA Douglas facility). This is new regulations, sub-chapters A through K. We are proposing to amend section information that is not in the original Part 1.1 of title 14 defines large aircraft 63.745(c)(1) and (2) of the NESHAP by data set used to determine the MACT as ‘‘an aircraft of more than 12,500 adding a separate HAP and VOC content floor. pounds, maximum certified take-off limit of 650 g/L for exterior primers Based on the recent data provided, weight.’’ Under 14 CFR 268.1, which is applied to large commercial aircraft EPA concludes that although a regulation applicable to air carriers components (parts or assemblies) or technological problems exist at the 350 known as air taxi operators and fully assembled large commercial g/L level for most of the existing commuter air carrier operations, large aircraft at existing affected sources that facilities, manufacturers can design new aircraft is defined as ‘‘any aircraft produce fully assembled large facilities with this new technology in designed to have a maximum passenger commercial aircraft. mind. Thus, we believe that it is capacity of more than 60 seats or a III. Whom Would These Proposed appropriate to set MACT above the floor maximum payload capacity of more Amendments Affect? for new facilities. As a result, we than 18,000 pounds.’’ These definitions propose to set the limit for exterior suggest the use of maximum certified These proposed amendments would primer used on large commercial take-off weight, maximum payload affect you if you are the owner or aircraft at new facilities that produce capacity, or maximum passenger operator of an existing or new exterior fully assembled large commercial capacity as possible criteria to define primer application operation at a facility aircraft at 350 g/L (2.9 lb/gal) or less of large aircraft. However, factors cited in that, either in part or in whole, organic HAP and VOC. the data submitted by the aircraft manufactures and assembles large Although we are not addressing other manufacturer indicated that total flight commercial aircraft and is a major sectors of the industry, such as the time, flight frequency and flight source as defined in 40 CFR 63.2. military, in today’s proposal, we altitudes were distinguishing criteria IV. What Are the Administrative reviewed the data from the remainder of which create more demanding Requirements for This Proposal? the responses to section 114 performance characteristics for exterior questionnaires for these sectors of the primers used to manufacture and A. Executive Order 12866, Regulator aerospace manufacturing and rework assemble large commercial aircraft. This Planning and Review industry that perform primer operations. suggests that one or all of these criteria Under Executive Order 12866 (58 FR Our preliminary analysis indicates that could serve as another possible 51735, October 4, 1993), EPA must

VerDate 042000 20:41 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm12 PsN: 24JAP1 3646 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules determine whether the regulatory action collection. The OMB has approved the with ‘‘Federal mandates’’ that may is ‘‘significant’’ and, therefore, subject to information collection requirements result in expenditures to State, local, Office of Management and Budget contained in the Aerospace and tribal governments, in the aggregate, (OMB) review and the requirements of Manufacturing and Rework Facilities or to the private sector, of $100 million the Executive Order. The Executive NESHAP under the provisions of the or more in any 1 year. Before Order defines ‘‘significant regulatory Paperwork Reduction Act, 44 U.S.C. promulgating an EPA rule for which a action’’ as one that is likely to result in 3501 et seq. and has assigned OMB written statement is needed, section 205 standards that may: Control Number 2060–0314. of the UMRA generally requires EPA to (1) have an annual effect on the An Agency may not conduct or identify and consider a reasonable economy of $100 million or more or sponsor, and a person is not required to number of regulatory alternatives and adversely affect, in a material way, the respond to a collection of information adopt the least costly, most cost- economy, a sector of the economy, unless it displays a currently valid OMB effective or least burdensome alternative productivity, competition, jobs, the control number. The OMB control that achieves the objectives of the rule. environment, public health or safety, or numbers for EPA’s regulations are listed The provisions of section 205 do not State, local, or tribal governments or in 40 CFR part 9 and 48 CFR chapter 15. apply when they are inconsistent with communities; D. Regulatory Flexibility Act (RFA), as applicable law. Moreover, section 205 (2) create a serious inconsistency or Amended by the Small Business allows EPA to adopt an alternative other otherwise interfere with an action taken Regulatory Enforcement Fairness Act of than the least costly, most cost-effective, or planned by another agency; 1996 (SBREFA), 5 U.S.C. 601 et seq. or least burdensome alternative if the (3) materially alter the budgetary Administrator publishes with the final impact of entitlement, grants, user fees, The RFA generally requires an agency rule an explanation why that alternative or loan programs or the rights and to prepare a regulatory flexibility was not adopted. Before EPA establishes obligations of recipients thereof; or analysis of any rule subject to notice any regulatory requirements that may (4) raise novel legal or policy issues and comment rulemaking requirements significantly or uniquely affect small arising out of legal mandates, the under the Administrative Procedure Act governments, including tribal President’s priorities, or the principles or any other statute unless the agency governments, it must have developed set forth in the Executive Order. certifies that the rule will not have a under section 203 of the UMRA a small It has been determined that this significant economic impact on a government agency plan. The plan must proposed rule is not a ‘‘significant substantial number of small entities. provide for notifying potentially regulatory action’’ under the terms of Small entities include small businesses, affected small governments, enabling Executive Order 12866 and is, therefore, small organizations, and small officials of affected small governments not subject to OMB review. governmental jurisdictions. to have meaningful and timely input in For purposes of assessing the impacts the development of EPA regulatory B. Executive Order 13045, Protection of of today’s proposed amendments on Children From Environmental Health proposals with significant Federal small entities, small entity is defined as: intergovernmental mandates, and Risks and Safety Risks (1) A small business that has less than informing, educating, and advising Executive Order 13045 (62 FR 19885, 1,500 employees; (2) a small small governments on compliance with April 23, 1997), applies to any rule that governmental jurisdiction that is a the regulatory requirements. is determined to be ‘‘economically government of a city, county, town, Today’s proposed amendments significant’’ as defined under Executive school district or special district with a contain no Federal mandates (under the Order 12866, and concerns an population of less than 50,000; and (3) regulatory provisions of title II of the environmental health or safety risk that a small organization that is any not-for- UMRA) for State, local, or tribal EPA has reason to believe may have a profit enterprise which is independently governments or the private sector. These disproportionate effect on children. If owned and operated and is not proposed amendments would amend the regulatory action meets both criteria, dominant in its field. certain existing emission limits in a de- the Agency must evaluate the After considering the economic regulatory manner and would not environmental health or safety effects of impacts of today’s proposed impose any new enforceable duty on the planned rule on children, and amendments on small entities, I certify any State, local or tribal governments or explain why the planned regulation is that this action will not have a the private sector. Thus, today’s preferable to other potentially effective significant economic impact on a proposed amendments are not subject to and reasonably feasible alternatives substantial number of small entities. the requirements of sections 202 and considered by the Agency. These proposed amendments will not 205 of the UMRA. The EPA has The EPA interprets Executive Order impose any requirements on small determined that this rule contains no 13045 as applying only to those entities. They affect only manufacturers regulatory requirements that might regulatory actions that are based on of large commercial aircraft. There are significantly or uniquely affect small health or safety risks, such that the no small-entity manufacturers of large governments. Thus, today’s proposed analysis required under section 5–501 of commercial aircraft. amendments are not subject to the the Executive Order has the potential to requirements of section 203 of the E. Unfunded Mandates Reform Act influence the regulation. This proposal UMRA. is not subject to Executive Order 13045 Title II of the Unfunded Mandates F. Executive Order 13084, Consultation because it is based on technology Reform Act of 1995 (UMRA), Public and Coordination With Indian Tribal performance and not on health or safety Law 104–4, establishes requirements for Governments risks. Federal agencies to assess the effects of their regulatory actions on State, local, Under Executive Order 13084, EPA C. Paperwork Reduction Act and tribal governments and the private may not issue a regulation that is not These proposed amendments would sector. Under section 202 of the UMRA, required by statute, that significantly or not impose any new information EPA generally must prepare a written uniquely affects the communities of collection requirements would result in statement, including a cost-benefit Indian tribal governments, and that no change to the currently approved analysis, for proposed and final rules imposes substantial direct compliance

VerDate 042000 20:41 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm12 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3647 costs on those communities, unless the federalism implications’’ is defined in Subpart GGÐNational Emission Federal government provides the funds the Executive Order to include Standards for Aerospace necessary to pay the direct compliance regulations that have ‘‘substantial direct Manufacturing and Rework Facilities costs incurred by the tribal effects on the States, on the relationship governments, or EPA consults with between the national government and 2. Section 63.742 is amended by those governments. If EPA complies by the States, or on the distribution of adding in alphabetical order definitions consulting, Executive Order 13084 power and responsibilities among the for ‘‘Exterior primer’’ and ‘‘Large requires EPA to provide to OMB, in a various levels of government.’’ commercial aircraft’’ to read as follows: separately identified section of the Under Section 6 of Executive Order preamble to the rule, a description of § 63.742 Definitions. 13132, EPA may not issue a regulation the extent of EPA’s prior consultation * * * * * that has federalism implications, that with representatives of affected tribal Exterior primer means the first layer governments, a summary of the nature imposes substantial direct compliance costs, and that is not required by statute, and any subsequent layers of identically of their concerns, and a statement formulated coating applied to the supporting the need to issue the unless the Federal government provides the funds necessary to pay the direct exterior surface of an aerospace vehicle regulation. In addition, Executive Order or component where the component is 13084 requires EPA to develop an compliance costs incurred by State and local governments, or EPA consults with used on the exterior of the aerospace effective process permitting elected vehicle. Exterior primers are typically officials and other representatives of State and local officials early in the process of developing the proposed used for corrosion prevention, Indian tribal governments ‘‘to provide protection from the environment, meaningful and timely input in the regulation. The EPA also may not issue functional fluid resistance, and development of regulatory policies on a regulation that has federalism adhesion of subsequent exterior matters that significantly or uniquely implications and that preempts State topcoats. Coatings that are defined as affect their communities.’’ law, unless the Agency consults with specialty coatings are not included Today’s proposed amendments do not State and local officials early in the under this definition. significantly or uniquely affect the process of developing the proposed communities of Indian tribal regulation. * * * * * governments. Accordingly, the These proposed amendments do not Large commercial aircraft means an requirements of section 3(b) of have federalism implications. They will aircraft of more than 110,000 pounds, Executive Order 13084 do not apply to not have substantial direct effects on the maximum certified take-off weight these proposed amendments. States, on the relationship between the manufactured for non-military use. G. National Technology Transfer and national government and the States, or * * * * * Advancement Act on the distribution of power and 3. Section 63.745 is amended by Section 12(d) of the National responsibilities among the various revising paragraphs (c)(1) and (c)(2) to Technology Transfer and Advancement levels of government, as specified in read as follows: Act of 1995 (NTTAA), Public Law No. Executive Order 13132. These proposed 104–113, section 12(d) (15 U.S.C. 272 amendments would amend portions of § 63.745 Standards: Primer and topcoat application operations. note), directs EPA to use voluntary an existing rule, the Aerospace consensus standards in its regulatory NESHAP, in a de-regulatory manner. * * * * * activities unless to do so would be They would not impose any obligations (c) * * * inconsistent with applicable law or on State or local governments. Thus, the requirements of section 6 of the (1) Organic HAP emissions from otherwise impractical. Voluntary primers shall be limited to an organic consensus standards are technical Executive Order do not apply to this rule. HAP content level of no more than: 540 standards (e.g., material specifications, g/L (4.5 lb/gal) of primer (less water), as test methods, sampling and analytical List of Subjects in 40 CFR Part 63 applied, for general aviation rework procedures, and business practices) that facilities, or 650 g/L (5.4 lb/gal) of are developed or adopted by one or Environmental protection, Air exterior primer (less water), as applied, more voluntary consensus standard pollution control, Hazardous to large commercial aircraft components bodies. The NTTAA directs EPA to substances, Reporting and (parts or assemblies) or fully assembled provide Congress, through OMB, with recordkeeping requirements. large commercial aircraft at existing explanations when EPA decides not to Dated: January 11, 2000. affected sources that produce fully use available and applicable voluntary Carol M. Browner, assembled large commercial aircraft, or consensus standards. 350 g/L (2.9 lb/gal) of primer (less These proposed action amendments Administrator. water), as applied. do not involve technical standards. Therefore, EPA is not considering the For the reasons set out in the (2) VOC emissions from primers shall use of any voluntary consensus preamble, title 40, chapter I of the Code be limited to a VOC content level of no standards. of Federal Regulations, is proposed to be more than: 540 g/L (4.5 lb/gal) of primer amended as follows: (less water and exempt solvents), as H. Executive Order 13132, Federalism applied, for general aviation rework Executive Order 13132, entitled PART 63ÐNATIONAL EMISSION facilities, or 650 g/L (5.4 lb/gal) of ‘‘Federalism’’ (64 FR 43255, August 10, STANDARDS FOR HAZARDOUS AIR exterior primer (less water and exempt 1999), requires EPA to develop an POLLUTANTS FOR SOURCE solvents), as applied, to large accountable process to ensure CATEGORIES commercial aircraft components (parts ‘‘meaningful and timely input by State or assemblies) or fully assembled large and local officials in the development of 1. The authority citation for part 63 commercial aircraft at existing affected regulatory policies that have federalism continues to read as follows: sources that produce fully assembled implications.’’ ‘‘Policies that have Authority: 42 U.S.C. 7401 et seq. large commercial aircraft, or 350 g/L (2.9

VerDate 042000 20:41 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm12 PsN: 24JAP1 3648 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules lb/gal) of primer (less water and exempt grouse range extended westward from (Miller and Graul 1980, Wood 1991, solvents), as applied. the continental divide in Montana, Giesen and Connelly 1993). In addition, * * * * * Idaho, Wyoming, and Colorado to grazing practices over large portions of [FR Doc. 00–1557 Filed 1–21–00; 8:45 am] northeastern California and eastern Columbian sharp-tailed grouse range Oregon and Washington; southward to may negatively impact native habitats BILLING CODE 6560±50±P northern Nevada and central Utah; and (Hart et al. 1950, Miller and Graul 1980, northward through central British Kessler and Bosch 1982, Giesen and Columbia. Connelly 1993). Intensive grazing DEPARTMENT OF THE INTERIOR Columbian sharp-tailed grouse rely on pressure may be especially detrimental Fish and Wildlife Service a variety of native habitats within the to nesting and wintering habitats used sagebrush-bunchgrass, meadow-steppe, by Columbian sharp-tailed grouse 50 CFR Part 17 mountain shrub, and riparian zones of populations, primarily due to impacts the northwestern United States (Giesen on their cover and food resources. Endangered and Threatened Wildlife and Connelly 1993). Various upland Much of the area currently and and Plants; Reopening of the habitats, with a component of more potentially occupied by Columbian Comment Period for the Columbian dense riparian or mountain shrub sharp-tailed grouse is in private Sharp-Tailed Grouse Status Review habitat to provide escape cover, are ownership. Presently, large portions of important to the subspecies from spring these privately owned lands are AGENCY: Fish and Wildlife Service, to fall. The availability of suitable withdrawn from crop production and Interior. wintering habitat, containing a planted to native and non-native cover ACTION: Status review; notice of dominant component of deciduous trees under the Federal Conservation Reserve reopening of comment period. and shrubs, is also thought to be a key Program (CRP) (USDA 1998). CRP lands element to healthy Columbian sharp- have become very important to SUMMARY: We, the U.S. Fish and tailed grouse populations (Marks and Columbian sharp-tailed grouse in Wildlife Service (Service), pursuant to Marks 1987, Giesen and Connelly 1993). Colorado, Idaho, Oregon, Utah, and the Endangered Species Act of 1973, as In 1979, the range wide population Washington. A number of CRP contracts amended (Act), provides notice of the estimate for the Columbian sharp-tailed are scheduled to expire from 1999 reopening of the comment period for the grouse was approximately 60,000 to through the year 2002. The potential net Columbian sharp-tailed grouse 170,000 individuals, with roughly 60 to changes that may occur under the CRP (Tympanuchus phasianellus 80 percent occurring in British vary considerably by the counties and columbianus) status review. The Columbia (Miller and Graul 1980). states occupied by Columbian sharp- comment period is reopened to Miller and Graul (1980) also estimated tailed grouse. Presently, it is unclear accommodate requests by various that the subspecies occupied less than what affects these potential changes federal and state wildlife resource 10 percent of its historic range in Idaho, may have on the subspecies’ agencies for additional time to provide Montana, Utah, and Wyoming, 10 to 50 populations. input. Reopening of the comment period percent in Colorado and Washington, Currently, Columbian sharp-tailed will also allow further opportunity for and 80 percent or more in British grouse are hunted in Colorado, Idaho, all interested parties to submit Columbia. The current minimum to and British Columbia. Hunting is not additional information and written maximum range wide population likely to have an additive affect over comments to be considered by the estimate for the Columbian sharp-tailed natural mortality for relatively large, Service for this status review (see DATES grouse is approximately 30,000 to stable populations of upland birds and ADDRESSES). 70,000 individuals, with roughly 60 to under managed conditions (Braun et al. DATES: Written materials from all 70 percent occurring in southeastern 1994). However, depending on the interested parties must be received by Idaho. The Columbian sharp-tailed status of the hunted population and March 27, 2000. grouse has been extirpated from hunter access patterns, some areas may California (circa 1920), Nevada (circa act as population ‘‘sinks’’ and be ADDRESSES: Written comments, data, 1950), and Oregon (circa 1960) (Miller adversely impacted by additional reports, map products, and other and Graul 1980). mortality. Incidental or illegal take of information concerning this status Declines in the overall abundance of the subspecies may also occur, review should be sent to the Field Columbian sharp-tailed grouse and the especially in areas hunted extensively Supervisor, U.S. Fish and Wildlife extent of its occupied range have acted for other upland game (Hart et al. 1950, Service, Upper Columbia River Basin to isolate various populations of the Miller and Graul 1980). Field Office, 11103 East Montgomery subspecies. Three relatively large Reintroduction efforts for Columbian Drive, Spokane, Washington 99206. populations of Columbian sharp-tailed sharp-tailed grouse have taken place in FOR FURTHER INFORMATION CONTACT: grouse still exist; one in northwestern Washington, Montana, Oregon, Nevada, Chris Warren, at the address listed Colorado to south-central Wyoming, one and Idaho. Many early reintroduction above (telephone 509/891–6839; in southeastern Idaho to northern Utah, efforts conducted for prairie grouse facsimile 509/891–6748). and one in central British Columbia. To (including sharp-tailed grouse) failed to SUPPLEMENTARY INFORMATION: varying degrees, the remaining areas produce self-sustaining populations or occupied by the subspecies are made up to increase the size or distribution of Background of relatively small and isolated local augmented populations (Toepfer et al. The Columbian sharp-tailed grouse is populations. 1990). However, several recent efforts one of six recognized subspecies of Much of the historic area used by have shown greater potential to be sharp-tailed grouse that occur in North Columbian sharp-tailed grouse has been effective as the techniques for America (AOU 1957). Compared to the converted for crop production and reintroductions have improved. other subspecies, Columbian sharp- affected by other influences including The Service published a notice in the tailed grouse are described as slightly rural and suburban development, dam Federal Register on October 26, 1999, smaller with darker gray plumage. construction, minerals exploitation, announcing that a range wide status Historically, Columbian sharp-tailed chaining, herbicide spraying, and fire review for the Columbian sharp-tailed

VerDate 042000 20:41 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM pfrm12 PsN: 24JAP1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Proposed Rules 3649 grouse was being conducted (64 FR Giesen, K.M. and J.W. Connelly. 1993. Have We Learned? Trans. 55th N.A. Wildl. 57620). The original comment period for Guidelines for Management of Columbian and Nat. Res. Conf. pp 569–579. this status review closed December 27, Sharp-tailed Grouse Habitats. Wildl. Soc. USDA. 1998. The Conservation Reserve 1999. The Service will now accept Bull. 21:325–333. Program: 16th Signup. January 29, 1998 information concerning this status Hart, C.M., O.S. Lee, and J.B. Low. 1950. The Report by the Farm Service Agency. 249 Sharp-tailed Grouse in Utah—Its Life pp. review through March 27, 2000. The History, Status, and Management. Pub. No. Wood, M.A. 1991. Columbian Sharp-tailed Service will also solicit the opinions of 3, Utah State Dept. of Fish and Game. Grouse Mitigation Implementation Plan for appropriate and independent specialists Kessler, W.B. and R.P. Bosch. 1982. Sharp- Western Montana. Report by the Montana regarding the data, assumptions, and tailed Grouse and Range Management Dept. of Fish, Wildlife, and Parks. 24 pp. supportive information presented for Practices in Western Rangelands. Pages Author: The primary author of this notice the Columbian sharp-tailed grouse 133–146 in J.M. Peek and P.D. Dalke, eds. is Chris Warren of the Upper Columbia River status review, per the Interagency Wildlife—Livestock Relationships Symp. Basin Field Office, U.S. Fish and Wildlife Cooperative Policy for Peer Review in 10th Proc. Univ. of Idaho For., Wildl., and Service, 11103 East Montgomery Drive, Endangered Species Act Activities (59 Range Exp. Stn., Moscow, Idaho. Spokane, Washington 99206 (Telephone: FR 34270). Marks, J.S. and V.S. Marks. 1987. Habitat 509/891–6839). selection by Columbian Sharp-tailed References Cited Grouse in West-central Idaho. Bureau of Authority: The authority of this action is the Endangered Species Act of 1973, as AOU. 1957. American Ornithological Union Land Management Report, Boise, Idaho. amended (16 U.S.C. 1531 et seq.). Check-list of North American Birds. The 115 pp. Lord Baltimore Press, Inc., Baltimore, Miller, G.C. and W.D. Graul. 1980. Status of Dated: January 13, 2000. Maryland. pp 137–139. Sharp-tailed Grouse in North America. Thomas Dwyer, Braun, C.E., K.M. Giesen, R.W. Hoffman, T.E. Pages 18–28 in P.A. Bohs and F.L. Knopf, Acting Regional Director, Fish and Wildlife Remington, and W.D. Snyder. 1994. eds., Proc. of the Prairie Grouse Symp., Service. Upland Bird Management Analysis Guide, Oklahoma State Univ., Stillwater. 1994–1998. Div. Report No. 19, Colorado Toepfer, J.E., R.L. Eng, and R.K. Anderson. [FR Doc. 00–1446 Filed 1–21–00; 8:45 am] Division of Wildlife. pp 1–39. 1990. Translocating Prairie Grouse: What BILLING CODE 4310±55±p

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Notices Federal Register Vol. 65, No. 15

Monday, January 24, 2000

This section of the FEDERAL REGISTER under section 416 include dairy, grains, Purchased Commodities contains documents other than rules or oils, and peanut products. The types of Congress responded to the reduced proposed rules that are applicable to the commodities purchased under section availability of surplus commodities with public. Notices of hearings and investigations, 32 include meat, poultry, fish, committee meetings, agency decisions and section 104 of the Hunger Prevention rulings, delegations of authority, filing of vegetables, dry beans, juices and fruits. Act of 1988, Pub. L. 100–435, which petitions and applications and agency Donations of surplus commodities were added sections 213 and 214 to the statements of organization and functions are initiated in 1981 as part of the EFAA. Those sections require the examples of documents appearing in this Department’s efforts to reduce Secretary to purchase commodities for section. stockpiles of government-owned distribution to States in addition to commodities, such as cheese, flour, those surplus commodities which butter, and cornmeal, which had been otherwise might be provided to States DEPARTMENT OF AGRICULTURE acquired under section 416. These for distribution under TEFAP. Pursuant to section 871(d) of the Personal Food and Nutrition Service donations responded to concern over the costs to taxpayers of storing large Responsibility and Work Opportunity The Emergency Food Assistance quantities of foods, while at the same Reconciliation Act of 1996, Pub. L. 104– Program, Availability of Commodities time there were persons in need of food 193, Congress repealed the authorization of funds for food for Fiscal Year 2000 assistance. The authority to donate purchases under section 214 of the surplus commodities for distribution AGENCY: Food and Nutrition Service, EFAA. In addition, section 871(g) added through TEFAP is currently codified in USDA. a new section 27 to the Food Stamp Act Section 202 of the Emergency Food ACTION: Notice. of 1977, 7 U.S.C. 2011 et seq. (FSA), Assistance Act of 1983, 7 U.S.C. 7502 under which the Secretary is required to SUMMARY: This notice announces the (EFAA). use $100 million from the funds made surplus and purchased commodities The supply of surplus commodities available to carry out the FSA for each that the Department expects to make has been drastically reduced from the of FYs 1997 through 2002 to purchase available for donation to States for use levels available in the early 1980s. a variety of nutritious and useful in providing food assistance to the These reductions are the result of commodities and distribute the needy under the Emergency Food changes in the agricultural commodity commodities to States for distribution Assistance Program (TEFAP) in Fiscal loan programs which have brought through TEFAP. However, Pub. L. 106– Year (FY) 2000. The commodities made supply and demand into better balance, 78 (An Act making appropriations for available under this notice shall, at the and accelerated donations and sales. the Agriculture, Rural Development, discretion of the State, be distributed to However, this trend reversed itself Food and Drug Administration, and organizations for use in preparing beginning in FY 1997. In FY 1999, the Related Agencies programs for the fiscal meals, and/or for distribution to year ending September 30, 2000, and for Department purchased over $106.4 households for home consumption. other purposes), limits the amount of million worth of surplus commodities. EFFECTIVE DATE: October 1, 1999. funds available to purchase TEFAP The large surpluses were the result of commodities in FY 2000 to $98 million. FOR FURTHER INFORMATION CONTACT: the reduction in foreign sales due Lillie Ragan, Assistant Branch Chief, A separate administrative funding primarily to the Asian economic appropriation of $45 million, as divided Household Programs Branch, Food downturn. The following surplus Distribution Division, Food and among the States, may be used, in whole commodities were purchased for or in part, at the discretion of each State, Nutrition Service, U.S. Department of donation in FY 1999 but will be Agriculture, 3101 Park Center Drive, by the Department for the purchase of delivered in the first quarter of FY 2000, Alexandria, Virginia 22302–1594 or additional commodities for TEFAP. because they did not become available telephone (703) 305–2662. For FY 2000, the Department for purchase until late in the year: anticipates purchasing the following SUPPLEMENTARY INFORMATION: frozen bison and instant nonfat dried commodities for distribution through Background and Need for Action milk. In addition to delivering these TEFAP: fresh apples, peanut butter, products for distribution in FY 2000, the roasted peanuts, rice, macaroni, Surplus Commodities Department anticipates that there will spaghetti, egg noodles, oats, fortified Surplus commodities donated for be sufficient quantities of nonfat dry cereal, bakery mix, egg mix, dehydrated distribution under TEFAP are milk available for donation under potatoes, corn syrup, vegetable oil, dry Commodity Credit Corporation (CCC) section 416, and salmon, pork, walnut bagged beans, raisins, prunes, the commodities determined to be available pieces, trailmix, and canned chicken following canned foods: apple juice, for donation by the Secretary of purchased under section 32, to support applesauce, peaches, pears, plums, Agriculture under the authority of the donation of these commodities for vegetarian beans, refried beans, green section 416 of the Agricultural Act of distribution through TEFAP in FY 2000. beans, potatoes, tomatoes, tomato sauce, 1949, 7 U.S.C. 1431 (section 416) and The Department would like to point out vegetarian and tomato reduced-sodium commodities purchased under the soups, spaghetti sauce, tomato juice, that commodity acquisitions are based surplus removal authority of section 32 corn, orange juice, grapefruit juice, on changing agricultural market of the Act of August 24, 1935, 7 U.S.C. pineapple juice, pork, tuna, beef, and 612c (section 32). The types of conditions; therefore, the availability of chicken, as well as the following frozen commodities typically made available commodities is subject to change. foods: ground beef, whole chicken,

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3651 ground turkey, and turkey roasts. The copies of the documents referenced in 2. Draft Standard for Unripened amounts of each item purchased will the notice contact the FSIS Docket Cheeses including Fresh Cheese at Step depend on the prices the Department Clerk, U.S. Department of Agriculture, 7. must pay, as well as the quantity of each Food Safety and Inspection Service, 3. Review of the Proposed Draft and item requested by the States. Changes in Room 102, Cotton Annex, 300 12th Draft Revised Standards: Cream; agricultural market conditions may Street, SW, Washington, DC 20250– Fermented Milk Products; Dairy result in the availability of additional 3700. The documents will also be Spreads; Processed Cheese; Individual types of commodities or the non- accessible via the World Wide Web at Cheeses; Whey Powders; and Edible availability of one or more types listed the following address: http:// Casein Products; at Step 4. above. State officials will be responsible www.fao.org/waicent/faoinfo/economic/ 4. Heat Treatment Definitions. for determining how to allocate the esn/codex/ccmmp4/MM00 01E.htm. commodities each State receives among When submitting comments, send an 5. Model Export Certificate for Milk eligible organizations. States have full original and two copies to the FSIS Products. discretion in determining the amount of Docket Clerk and reference the Docket # 6. Review of Proposals for New commodities that will be made available 00–002N and the appropriate document Standards for ‘‘Parmesan’’ and ‘‘Cheese to organizations for distribution to number. All comments submitted will Speciality’’. needy households for use in home- be available for public inspection in the Each issue listed will be fully prepared meals or for providing Docket Clerk’s Office between 8:30 a.m. described in documents distributed, or prepared meals to the needy at and 4:30 p.m., Monday through Friday. to be distributed, by the New Zealand congregate feeding sites. FOR FURTHER INFORMATION CONTACT: Secretariat to the Meeting. Members of Dated: January 11, 2000. Patrick J. Clerkin, Associate U.S. the public may access or request copies Samuel Chambers, Jr., Manager for Codex, FSIS, Room 4861, of these documents (see ADDRESSES). Administrator. South Agriculture Building, 1400 Additional Public Notification [FR Doc. 00–1575 Filed 1–20–00; 8:45 am] Independence Avenue SW., BILLING CODE 3410±30±U Washington, DC 20250–3700, telephone Public awareness of all segments of (202) 205–7760; Fax (202) 720–3157. rulemaking and policy development are Persons requiring a sign language important. Consequently, in an effort to DEPARTMENT OF AGRICULTURE interpreter or other special better ensure that minorities, women, accommodations should notify Patrick J. and persons with disabilities are aware Food Safety and Inspection Service Clerkin, telephone (202) 205–7760; Fax of this public meeting, FSIS will [Docket No. 00±002N] (202) 720–3157. announce it and provide copies of this SUPPLEMENTARY INFORMATION: Federal Register publication in the FSIS Codex Alimentarius: 4th Session of the Background Constituent Update. FSIS provides a Codex Committee on Milk and Milk weekly FSIS Constituent Update, which Products The Codex Alimentarius Commission is communicated via fax to over 300 (Codex) was established in 1962 by two organizations and individuals. In AGENCY: Food Safety and Inspection United Nations organizations, the Food Service, USDA. addition, the update is available on line and Agriculture Organization and the through the FSIS web page located at ACTION: Notice of public meeting, World Health Organization. Codex is the http://www.fsis.usda.gov. The update is request for comments. major international organization for used to provide information regarding encouraging fair international trade in SUMMARY: The Agricultural Marketing FSIS policies, procedures, regulations, food and protecting the health and Service and the Food Safety and Federal Register notices, FSIS public economic interests of consumers. Inspection Service (FSIS), U.S. meetings, recalls, and any other types of Through adoption of food standards, Department of Agriculture; and the information that could affect or would codes of practice and other guidelines Food and Drug Administration, U.S. be of interest to our constituents/ developed by its committees, and by Department of Health and Human stakeholders. The constituent fax list promoting their adoption and Services, are sponsoring a public consists of industry, trade, and farm implementation by governments, Codex meeting on February 15, 2000, to groups, consumer interest groups, allied seeks to ensure that the world’s food provide information and receive public health professionals, scientific supply is sound, wholesome, free from comments on agenda items that will be professionals, and other individuals that adulteration, and correctly labeled. discussed at the 4th Session of the have requested to be included. Through The Codex Committee on Milk and Codex Committee on Milk and Milk these various channels, FSIS is able to Milk Products was established to Products, which will be held in provide information to a much broader, elaborate codes and standards for Milk Wellington, New Zealand, on February more diverse audience. For more and Milk Products. The Government of 28–March 3, 2000. information and to be added to the New Zealand hosts this committee and constituent fax list, fax your request to DATES: The public meeting is scheduled will chair the committee meeting. the Congressional and Public Affairs for Tuesday, February 15, 2000, from Office, at (202) 720–5704. 9:00 a.m. to 12:00 noon. Issues to be Discussed at the Public ADDRESSES: The public meeting will be Meeting Done at Washington, DC on: January 19, held in Room 0745, South Agriculture The following specific issues will be 2000. Building, U.S. Department of discussed during the public meeting: F. Edward Scarbrough, Agriculture, 14th Street and 1. Matters referred by the Codex U.S. Manager for Codex Alimentarius. Independence Avenue, SW, Alimentarius Commission and other [FR Doc. 00–1662 Filed 1–21–00; 8:45 am] Washington, DC 20250. To receive Codex committees. BILLING CODE 3410±DM±P

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DEPARTMENT OF AGRICULTURE and Agriculture Organization and the 5. Proposed Draft Revision to the World Health Organization. Codex is the Codex General Standard for Irradiated Food Safety and Inspection Service principal international organization for Foods. [Docket No. 00±001N] protecting the health and economic 6. Specifications for the Identity and interests of consumers and encouraging Purity of Food Additives Arising from Codex Alimentarius Commission: fair international trade in food. Through the 53rd JECFA Meeting. Thirty-Second Session of the Codex adoption of food standards, codes of 7. Proposed Amendments to the Committee on Food Additives and practice, and other guidelines International Numbering System. developed by its committees, and by Contaminants Contaminants promoting their adoption and AGENCY: Food Safety and Inspection implementation by governments, Codex 1. Endorsement and/or Revision of Service, USDA. seeks to ensure that the world’s food Maximum Levels for Contaminants in ACTION: Notice of Public meeting; supply is sound, wholesome, free from Codex Standards. request for comment. adulteration, and correctly labeled. 2. Consideration of the Codex General The CCFAC establishes or endorses Standard for Contaminants and Toxins SUMMARY: The Office of the Under maximum or guideline levels for in Foods. Secretary for Food Safety, and the Food individual food additives, for 3. Methodology and Principles for Safety and Inspection Service (FSIS), contaminants (including environmental Exposure Assessment in the Codex United States Department of contaminants), and for naturally General Standard for Contaminants and Agriculture, and the Food and Drug occurring toxicants in foodstuffs and Toxins in Foods. Administration (FDA) are sponsoring a animal feeds. In addition, the 4. Mycotoxins in Food and Feed: public meeting on February 4, 2000. The Committee prepares priority lists of food (a) Aflatoxin M 1 in Milk purpose of the meeting is to provide additives and contaminants for (b) Ochratoxin A in Cereals information and receive public toxicological evaluation by the Joint (c) Zearalenone comment on agenda items that will be FAO/WHO Expert Committee on Food (d) Patulin discussed at the Thirty-second Session Additives; recommends specifications (e) Fumonisins. of the Codex Committee on Food 5. Industrial and Environmental of identity and purity for food additives Additives and Contaminants (CCFAC), Contaminants in Foods: for adoption by the Commission; which will be held in Beijing, China on (a) Proposed Draft Code of Practice for considers methods of analysis for their March 20–24, 2000. Source Directed Measures to Reduce determination in food; and considers Contamination of Food with Chemicals DATES: The public meeting is scheduled and elaborates standards or codes for (b) Lead for Friday, February 4, 2000, from 1:30 related subjects such as the labeling of (c) Cadmium p.m. to 3:00 p.m. food additives when sold as such and (d) Dioxins. ADDRESSES: The public meeting will be food irradiation. The Netherlands chairs held in Room 1409, FOB 8, 200 C. St. the committee. General Issues S.W., Washington, DC. Documents 1. Proposals for Priority Evaluation of referenced in this notice can be Issues To Be Discussed at the Public Food Additives and Contaminants by reviewed at the FSIS Docket Clerk’s Meeting JECFA. office, U.S. Department of Agriculture, The following lists the provisional 2. Other Business and Future Work: Food Safety and Inspection Service, agenda items that will be discussed (a) Comments on Methods of Analysis Room 102, Cotton Annex, 300 12th during the public meeting on February for the Determination of Food Additives Street, SW, Washington, DC 20250– 4, 2000: and Contaminants in Foods. 3700. The documents will also be 1. Adoption of the Agenda. (b) Comments on the Inventory of accessible via the World Wide Web at 2. Matters referred by the Codex Processing Aids. the following address: http:// Alimentarius Commission and other (c) Comments on Packaging www.fao.org/waicent/faoinfo/economic/ Codex Committees. Provisions to Maintain the Stability of esn/codex/ccfac32/Fa00—01e.htm. Iodized Salt in the Codex Standard for Send an original and two copies of 3. Summary Report of the 53rd Food Grade Salt. comments to the FSIS Docket Clerk, Meeting of the Joint FAO/WHO Expert Each issue listed will be fully Docket #00–001N, to the above address. Committee on Food Additives (JECFA). described in documents distributed, or All comments submitted in response to 4. Action Required as a Result of to be distributed, by Commission this notice will be available for public Changes in Acceptable Daily Intake Secretariat or by The Netherlands’ inspection in the FSIS Docket Clerk’s Status and other Toxicological Secretariat to the Meeting. Members of office between 8:30 a.m. and 4:30 p.m., Recommendations. the public may review copies of these Monday through Friday. 5. Discussion Paper on the documents (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Application of Risk Analysis Principles Patrick J. Clerkin, Associate U.S. for Food Additives and Contaminants. Public Meeting Manager for Codex, U.S. Codex Office, Food Additives At the February 4, 2000, public Food Safety and Inspection Service, meeting, the agenda items will be 1. Endorsement and/or Revision of Room 4861, South Building, 1400 described, discussed, and attendees will Maximum Levels for Food Additives in Independence Avenue S.W., have the opportunity to pose questions Codex Standards. Washington, DC 20250, Telephone: and offer comments. (202) 205–7760, Fax: (202) 720–3157. 2. Consideration of the Codex General Additional Public Notification SUPPLEMENTARY INFORMATION: Standard for Food Additives. 3. Discussion Paper on the Use of Public awareness of all segments of Background Colours in Foods. rulemaking and policy development are Codex was established in 1962 by two 4. Discussion Paper on Processing important. Consequently, in an effort to United Nations organizations, the Food Aids. better ensure that minorities, women,

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3653 and persons with disabilities are aware the Natural Resources Conservation to make oral presentations should notify of this public meeting notice, FSIS will Service on or before February 7, 2000. George Bluhm no later than February 7, announce it and provide copies of this ADDRESSES: The meeting will be held at 2000. If a person submitting material Federal Register publication in the FSIS the Amerisuites, 6080 Bluebonnet would like a copy distributed to each Constituent Update. FSIS provides a Boulevard, Baton Rouge, LA 70809, member of the committee in advance of weekly FSIS Constituent Update, which telephone (225) 769–4400/Fax (225) the meeting, that person should submit is communicated via fax to over 300 769–7444. Written material and requests 25 copies to George Bluhm no later than organizations and individuals. In to make oral presentations should be February 7, 2000. addition, the update is available on line sent to George Bluhm, University of through the FSIS web page located at Information on Services for Individuals California, Land, Air, and Water With Disabilities http://www.fsis.usda.gov. The update is Resources, 151 Hoagland Hall, Davis, used to provide information regarding CA 95616–6827. For information on facilities or FSIS policies, procedures, regulations, FOR FURTHER INFORMATION: Questions or services for individuals with disabilities Federal Register notices, FSIS public comments should be directed to George or to request special assistance at the meetings, recalls, and any other types of Bluhm, Designated Federal Official, meeting, contact George Bluhm as soon information that could affect or would telephone (530) 752–1018, fax (530) as possible. be of interest to our constituents/ 752–1552, email Dated: January 11, 2000. stakeholders. The constituent fax list [email protected]. consists of industry, trade, and farm Lawrence E. Clark, groups, consumer interest groups, allied SUPPLEMENTARY INFORMATION: Notice of Deputy Chief for Science and Technology, health professionals, scientific this meeting is given under the Federal Natural Resources Conservation Service. professionals, and other individuals that Advisory Committee Act, 5 U.S.C. App. [FR Doc. 00–1632 Filed 1–21–00; 8:45 am] 2. Additional information about the have requested to be included. Through BILLING CODE 3410±16±P these various channels, FSIS is able to Task Force on Agricultural Air Quality, provide information to a much broader, including any revised agendas for the more diverse audience. For more November 9 and 10, 1999 meeting that may appear after this Federal Register information and to be added to the COMMISSION ON CIVIL RIGHTS constituent fax list, fax your request to Notice is published, may be found on the Congressional and Public Affairs the World Wide Web at http:// Agenda and Notice of Public Meeting Office, at (202) 720–5704. www.nhq.nrcs.usda.gov/faca/aaqtf.html. of the North Carolina Advisory Done at Washington, DC on: January 19, Draft Agenda of the February 15 And Committee 2000. 17, 1999 Meeting F. Edward Scarbrough, Notice is hereby given, pursuant to A. Welcome to Louisiana by State and the provisions of the rules and U.S. Manager for Codex Alimentarius. local officials [FR Doc. 00–1663 Filed 1–21–00; 8:45 am] regulations of the U.S. Commission on B. Business, Pearlie Reed, Chief, NRCS Civil Rights, that a meeting of the North BILLING CODE 3410±DM±P and Chairperson, AAQTF Carolina Advisory Committee to the 1. Approve minutes of the November 9 Commission will convene at 1:00 p.m. and 10, 1999 AAQTF meeting DEPARTMENT OF AGRICULTURE and adjourn at 5:00 p.m. on February 9, 2. Update on Agricultural Burning 2000, at the North Carolina A&T State Natural Resources Conservation Policy recommendation University, Hodgin Hall, Room 106, Service 3. Update on Voluntary Program Greensboro, North Carolina 27411. The recommendation purpose of the meeting is to finalize a Task Force on Agricultural Air Quality C. GIS as an Emission Factor Tool, project proposal and to review civil LDEQ Staff rights issues. AGENCY: Natural Resources D. Subcommittee Reports, Pearlie Reed, Conservation Service (NRCS). Chief, NRCS and Chairperson, Persons desiring additional AAQTF information, or planning a presentation ACTION: Notice of meeting. 1. Confined animals and emission to the Committee, should contact Bobby factors subcommittee report, John D. Doctor, Director of the Southern SUMMARY: The Task Force on Sweeten, Chairperson Regional Office, 404–562–7000 (TDD Agricultural Air Quality will meet for 2. Research priorities and oversight 404–562–7004). Hearing-impaired the second time in FY 2000 to discuss subcommittee report, James Trotter, persons who will attend the meeting the relationship between agricultural Chairperson and require the services of a sign production and air quality. Special 3. Monitoring and health effects language interpreter should contact the emphasis will be placed on promoting subcommittee report, Phillip Regional Office at least ten (10) working a greater understanding of agriculture’s Wakelyn, Chairperson days before the scheduled date of the impact on air quality and the role it E. EPA Update, Sally Shaver, EPA meeting. plays in the local and national economy. F. Set date and location for next The meeting will be conducted The meeting is open to the public. meetings pursuant to the provisions of the rules DATES: The meeting will convene and regulations of the Commission. Procedural Tuesday, February 15, 2000 at 8:30 a.m. Dated at Washington, DC, January 11, 2000. and continue until 5:00 p.m. The This meeting is open to the public. At meeting will resume Thursday, the discretion of the Chair, members of Carol-Lee Hurley, February 17, 2000 from 8:30 a.m. to 2:45 the public may present oral Chief, Regional Programs Coordination Unit. p.m. Written material and requests to presentations during the February 15 [FR Doc. 00–1600 Filed 1–21–00; 8:45 am] make oral presentations should reach and 17, 2000 meeting. Persons wishing BILLING CODE 6335±01±P

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DEPARTMENT OF COMMERCE As described in the August 1998 to relevant documents for each order proposal, final determinations will be will appear in the following sample International Trade Administration divided into two sections: (1) the notice format of the IA home page. The to be published in the FR; and (2) an numbered items represent links to the Notice of Reduction in the Size of ‘‘Issues and Decision Memorandum’’ to corresponding documents. Antidumping/Countervailing Duty be posted simultaneously on the Import Federal Register Notices Administration web page. In addition, [A-XXX–XXX] traditional services such as Lexis and Product AGENCY: Import Administration, Westlaw have indicated that they will 1. Final Results of Antidumping Duty International Trade Administration, Administrative Review (POR) Department of Commerce. make the decision memoranda available to their clients in an electronically 2. Decision Memorandum ACTION: Notice of Reduction in the Size searchable format. Access to paper (Published 00/00/200X) of Federal Register Notices. copies of these documents will continue Examples of the FR document, Issues to be available through the IA Central in Decision Memo, and Decision Memo SUMMARY: On August 21, 1998, the Records Unit, room B–099 of the main are located in Appendices 1, 2, and 3 at Department of Commerce published a Department building. the end of this notice. notice of intent to modify the manner in The published notice will contain Analysis of Comments Received which its final determinations are made information relating to the Department’s available to the public in an effort to decisions, including margins, Comment 1: All commenters urged reduce publishing costs. See 63 FR Department contacts, deadlines, cash- the Department not to change its present 44837. We proposed to publish a notice deposit requirements, and, for policy of publication. They argue that in the Federal Register (FR) announcing administrative reviews, the duty- the proposed change will make it more our final determinations in assessment methodology. The notice difficult, time-consuming, and costly to investigations and reviews and to make will state explicitly that the public can research Departmental precedents and a decision memorandum available find a paper copy of the discussion of policy because the IA web site does not simultaneously on Import the issues and relevant memoranda on contain adequate text-searching tools Administration’s web page in which we file in the IA Central Records Unit and which are available on other services would summarize comments and will also provide the public with an including the Government Printing present our position on the issues. Internet address that will allow public Office (GPO) web site. They conclude Based on our budget constraints and access to the electronic version of these that to ‘‘publish’’ a Decision Memo only the widespread access to the Internet, documents. on IA’s web site would effectively deny we are proceeding with reducing the The ‘‘Issues and Decision meaningful access to the Department’s size of our FR notices and ensuring Memorandum’’ (Decision Memo) will decisions through the GPO site and access to decision memoranda on our contain the complete discussion of other commercial research services. web page. Based on our analysis of the issues parties raise in case and rebuttal This change, they contend, will reduce comments received in response to our briefs, and it will be adopted and the Department’s current level of August 21, 1998, proposal we have incorporated by reference into the transparency to all parties. At a alerted traditional services such as Lexis notice we publish in the FR. It will be minimum, commenters urge IA to either and Westlaw to our plans and they have identical in content to the ‘‘Analysis of include a robust text-searching tool on indicated that they will make the Comments’’ section in current final its web site and/or arrange for decision memoranda available to their determinations. Specifically, the traditional research services such as clients in an electronically searchable Decision Memo will be a memorandum Lexis and Westlaw to include the format. from a Deputy Assistant Secretary with Department’s complete decisions in a summary of comments received and their services. EFFECTIVE DATE: February 15, 2000. the Department’s position with respect We have consulted with the FOR FURTHER INFORMATION: Please to each of those comments. The traditional commercial services such as contact Laura Merchant or Laurie Decision Memo will be available on the Westlaw and Lexis about our proposed Parkhill, Import Administration, IA web page simultaneously with the changes. They have indicated that they International Trade Administration, publication of the notice in the FR. We will make IA’s decision memoranda U.S. Department of Commerce, 14th and will follow this approach for all FR final available through their services just as Constitution Ave., NW, Washington, notices regardless of the type of they make the FR Notices available to D.C. 20230, at (202) 482–0367 and (202) proceeding. their customers. Access to IA’s decision 482–4733, respectively. Locating Memoranda on the Internet: memoranda and related documents The Applicable Statute: Under section We will make the Decision Memo, and, through traditional commercial services 771(i) of the Tariff Act of 1930, as as applicable, other memoranda, such as should mitigate these concerns. With amended, the Department is required to a scope memorandum, available on IA’s this search capability and the wide make public the facts and conclusions web page. These memoranda will be availability of internet access, we of its determinations. located in the electronic library of IA believe that our decisions and policy Background: On August 21, 1998, the documents. The Internet address for the will be more publicly available than is Department of Commerce (the final notices and Decision Memo will presently the case. Department) published a notice of intent be: ‘‘www.ita.doc.gov/importladmin/ Comment 2: We received one to modify the manner in which its final records/frn’’. This address will take the comment arguing that we are required determinations are made available to the user to a list of countries which contains by statute to publish the full facts and public in efforts to reduce publishing electronic links to the FR notices and our conclusions in the FR. costs. We invited parties to comment on decision memoranda for each case We disagree. The Department is our proposal. The Department has pertaining to each country. Any special required by section 771(i) of the Tariff evaluated the proposed changes and the instructions parties might need to locate Act of 1930, as amended, to make public comments regarding those changes and pertinent memoranda will be included its decisions and the basis of those has decided to implement the proposal. in the FR notice. This index with links decisions. Nowhere does the statute

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3655 require the Department to publish its we expect significant increased net capabilities that we can incorporate into decision in a specific publication. savings resulting from lower publishing our web site, we will also post our FR The Department will continue to costs. Additional server space on the IA notices and decision memoranda using publish notices of final determinations web site as well as time compiling the meaningful indexes and links. containing all fundamental information documents onto the web page and Comment 7: Of great concern to all relating to the Department’s decisions. making electronic copies available to commenters is the lack of an effective In addition, the Department will the public and any commercial services search mechanism on IA’s web site. We provide access to the electronic version cost far less than continuing to publish received comments suggesting that we of these documents through both the IA lengthy documents in the Federal include a search engine on our web site web site and through traditional Register. that is similar to the ones currently commercial services. Paper copies will Comment 5: We received several available through the leading remain available through the IA Central comments expressing a general fear of commercial legal on-line services and Records Unit. loss of access to IA decisions due to the the GPO web site. Three commenters Comment 3: Several commenters unreliability of the Internet. Other suggested that, in addition to decision argued that the proposed change will commenters suggested that the memoranda being posted on the affect the quality of advocacy and availability of memoranda through the Internet, prior decisions, disclosed quality of Department decision-making CRU is not an adequate substitute for orders, and interpretations of adversely because the Department will access through the Internet. One applicability in prior cases also be no longer be able to research commenter stressed the importance of available through the web site, electronically the entire set of its prior continued availability of Department including all documents relevant to a decisions. decisions in the CRU. Several comments particular case, a full history of agency We disagree. Changing the location of noted that, unlike the IA web site, the analysis and actions, remand results, publicly available documents should GPO web site maintains searchable back liquidation instructions, assessment have little impact on the quality of issues of the FR from June 1980, from rates in graphical format, and internal advocacy or our decision-making which the public may access and search memoranda associated with each order. abilities. The Department’s decision Department decisions. If possible, we will incorporate a memoranda and related documents will We understand this concern and will robust search engine on the IA web site continue to be available and accessible strive whenever possible to create as a substitute to what is currently to the public through the IA web site, alternative access locations for all available on the GPO web site. While the Central Records Unit, and the publicly available documents using the including all relevant documents in a traditional electronic research services. CRU and traditional commercial particular case, such as remand results, Comment 4: Several commenters Internet services. The Department will liquidation instructions, and assessment contend that our proposed change could continue to maintain its files of all rates might be a valuable research tool result in increased costs, including the publicly available information in the in some cases, we are not prepared to cost of maintaining the new information CRU. make such a commitment at this time. on the IA web page. One commenter Contrary to what commenters The IA web site is an extremely useful anticipated that the costs of maintaining contend, we believe that the historical and important information the information on our web site will rise information will be more publicly dissemination tool and we strive to post beyond savings we anticipate. Another available than is presently the case. as many public documents as feasible in argued that, if the Department’s Lexis and Westlaw have indicated that a useful fashion. proposed changes were to cause a delay they will include both the Department’s Comment 8: Several commenters in the resolution of any Antidumping or FR notice and the accompanying proposed various indexing schemes to Countervailing proceedings, the Decision Memo in their databases which better identify and group documents on additional amount of interest payable include information dating from 1980. the IA web site for easy identification. for estimated duties incurred during the Our Decision Memo and FR Notices will We are sympathetic to the need to delay could exceed the savings in also be posted on the IA web site in identify notices and decision publication costs. addition to all of our FR notices memoranda quickly and effectively on We disagree. The information published since 1995. In addition, all the IA web site. We view our web site currently available in our FR notices past and future FR Notices will remain to be an integral part of our information- will remain available to the public on the GPO site. dissemination efforts and will arrange through other means, as well as Comment 6: Many commenters the information in a way that is both continued access through Lexis and pointed out that the IA web site does useful and easy to locate. Westlaw, thereby providing the ability not have a full-text searching capability Comment 9: We received one to research precedents and avoiding like the Lexis and Westlaw sites. They comment suggesting that, in lieu of our delay in access to the information. contend that, without such a searching proposed changes to reduce the size of While the Department acknowledges tool, the availability of decision our final notices in the FR, subscription additional effort may be involved in memoranda on the IA web site cannot prices for the FR should be increased locating and tracing documents during substitute for these current services. instead. the initial stages of transition to this As noted in response to Comment 1, It is not in the Department’s power to new format, the technology and the Department recognizes these increase subscription prices to the FR, resources available should not increase concerns and has discussed solutions which is maintained by a separate time spent on researching Department with Westlaw and Lexis to carry both federal agency, nor does the Department decisions, policies, and precedents the FR notice and the decision receive proceeds from such substantially. Any increased cost of memoranda. In addition, the subscriptions. Therefore, this point is conducting proceedings would not arise Department affirms its commitment to irrelevant. from changing the location of publicly maintain an effective and user-friendly Comment 10: We received two available documents. web site available to any party that does comments expressing concern over the We do not anticipate significantly not have access to these commercial simultaneous timing of the release of the increased maintenance costs. Moreover, services. In addition to any searching Decision Memo on the Internet and

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3656 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices publication of the notice in the FR. DEPARTMENT OF COMMERCE Memorandum’’ (Decision Memo) from (name), Deputy Assistant Secretary, Import These commenters feared simultaneous International Trade Administration publication would not always run Administration, to (name), Assistant [Case Number] Secretary for Import Administration, dated smoothly. One commenter suggested (date), which is hereby adopted and (Product) from (Country); Final Results of that publication of the notice alone incorporated by reference into this notice. A Antidumping Duty Administrative should not be construed as satisfying list of the issues which parties have raised Review and to which we have responded, all of our statutory obligation and that only AGENCY: Import Administration, which are in the Decision Memo, is attached when both documents are publicly International Trade Administration, to this notice as an Appendix. Parties can available should our statutory obligation Department of Commerce. find a complete discussion of all issues to publish our decisions be fulfilled. In ACTION: Notice of final results of raised in this review and the corresponding antidumping duty administrative review. addition, the commenter stressed the recommendations in this public SUMMARY: On (date), the Department of need to assign the exact same validity memorandum, which is on file in the Central Commerce published the preliminary results and importance of the on-line Records Unit, room B–099, of the main of administrative review of the antidumping Department building. documents as documents which are duty order on (product) from (country). The In addition, a complete version of the currently published in the FR. merchandise covered by this order is (brief Decision Memo can be accessed directly on description). The review covers (number) The Department has established the Web at www.ita.doc.gov/importladmin/ manufacturers/exporters. The period of procedures to ensure simultaneous records/frn/, under the heading ‘‘(Applicable review is (date) through (date). release of documents on the Internet Country).’’ The paper copy and electronic Based on our analysis of the comments version of the Decision Memo are identical and in the FR. The Department will not received, we have made changes in the in content. consider its obligations fulfilled until margin calculations. Therefore, the final both documents are available publicly. results differ from the preliminary results. Use of Facts Available (if Necessary) The final weighted-average dumping margins Comment 11: We received one For a discussion of our application of facts for the reviewed firms are listed below in the comment expressing concern that available, see the ‘‘Facts Available’’ section of section entitled ‘‘Final Results of the the Decision Memo, which is on file in B– interested parties may not continue to Review.’’ 099 and available on the Web at receive an advance copy of the notice EFFECTIVE DATE: (Insert date of publication www.ita.doc.gov/ importladmin/records/ for publication in the FR and the in the Federal Register). frn/, under the heading ‘‘(Applicable Decision Memo or that the Department FOR FURTHER INFORMATION CONTACT: Country).’’ may publish the FR Notice but not (Analyst), Import Administration, release the Decision Memo to the parties International Trade Administration, U.S. Sales Below Cost in the Home Market (Where on the same day. Department of Commerce, Washington, D.C. Applicable) 20230; telephone: (202) 482–XXXX. The Department will continue to The Department disregarded home market SUPPLEMENTARY INFORMATION: sales below cost for (names of firms) in these provide paper copies of the final notice final results of review. and the Decision Memo to interested The Applicable Statute parties in advance of the date of Unless otherwise indicated, all citations to Duty Absorption (Where Applicable) publication of the FR notice under this the Tariff Act of 1930, as amended (the Act), We have determined that duty absorption new system. are references to the provisions effective has/has not occurred with respect to (name January 1, 1995, the effective date of the of firm) with respect to (XX) percent of sales Implementation amendments made to the Act by the Uruguay which this firm made through its U.S. Round Agreements Act (URAA). In addition, affiliated party. For a discussion of our The procedures outlined in this notice unless otherwise indicated, all citations to determination with respect to this matter, see will be applied to all final the Department of Commerce’s (the the ‘‘Duty Absorption’’ section of the determinations which are subject to a Department’s) regulations are to 19 CFR Part Decision Memo, accessible in B–099 and on publication requirement and issued 351 (1998). the Web at www.ita.doc.gov/importladmin/ after February 15, 2000, the effective Background records/frn/, under the heading ‘‘(Applicable Country).’’ date of this notice. If necessary, On (date), the Department published the additional information on procedures to preliminary results of administrative review Changes Since the Preliminary Results follow for locating our decisions on the of the antidumping duty order on (product) Based on our analysis of comments internet will be posted on the IA web from (country) (FR citation). The review received, we have made certain changes in site at www.ita.doc.gov/importladmin/ covers (number) manufacturers/exporters. the margin calculations. We have also records/. Any questions concerning file The period of review (POR) is (date) through corrected certain programming and clerical (date). We invited parties to comment on our formatting, access on the Web, or other errors in our preliminary results, where preliminary results of review. At the request applicable. Any alleged programming or electronic filing issues should be of certain interested parties, we held a public addressed to Andrew Lee Beller, IA clerical errors with which we do not agree hearing on (date). The Department has are discussed in the relevant sections of the Webmaster, at (202)482–0866 or via e- conducted this administrative review in ‘‘Decision Memorandum,’’ accessible in B– mail at accordance with section 751 of the Act. 099 and on the Web at www.ita.doc.gov/ l l l andrew lee [email protected]. Scope of Review import admin/records/frn/, under the heading ‘‘(Applicable Country).’’ Dated: January 13, 2000. The product covered by this review is Robert S. LaRussa, (product) and (description). (Standard scope Final Results of Review language will appear here unless, for reasons Assistant Secretary for Import We determine that the following of length, the complete scope description is Administration. percentage weighted-average margins exist in a separate memorandum. Such a for the period (date) through (date): Appendix 1—Sample FR Document memorandum will also be available on the IA web site.) This will be published in the FR. (Please Manufacturer/exporter Margin note that this sample reflects final results of Analysis of Comments Received (Percent) an administrative review. All IA final All issues raised in the case and rebuttal (Company Name) ...... XX.XX determinations will be subject to this briefs by parties to this administrative review (Company Name) ...... XX.XX modified format.) are addressed in the ‘‘Issues and Decision

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The Department shall determine, and Assistant Secretary for Import administrative review for which we received Customs shall assess, antidumping duties on Administration comments and rebuttals by parties: all appropriate entries. In accordance with 19 lllllllllllllllllllll 1. Facts Available CFR 351.212(b), we have calculated exporter/ (Date) 2. Discounts, Rebates, and Price Adjustments importer-specific assessment rates. With 3. Circumstance-of-Sale Adjustments respect to both export price and constructed Appendix 2—Issues in Decision Memo A. Technical Services and Warranty export price sales, we divided the total (Sample) Expenses dumping margins for the reviewed sales by Comments and Responses B. Credit the total entered value of those reviewed C. Indirect Selling Expenses sales for each importer. We will direct 1. Facts Available 4. Level of Trade Customs to assess the resulting percentage 2. Discounts, Rebates, and Price Adjustments 5. Cost of Production and Constructed Value margins against the entered Customs values 3. Circumstance-of-Sale Adjustments A. Cost-Test Methodology for the subject merchandise on each of that A. Technical Services and Warranty B. Research and Development importer’s entries under the relevant order Expenses C. Profit for Constructed Value during the review period. B. Credit D. Affiliated-Party Inputs C. Indirect Selling Expenses Cash Deposit Requirements E. Abnormally High Profits 4. Level of Trade F. Credit and Inventory Costs The following deposit requirements will be 5. Cost of Production and Constructed Value G. Other Issues effective upon publication of this notice of A. Cost-Test Methodology 6. Further Manufacturing final results of administrative review for all B. Research and Development 7. Packing and Movement Expenses shipments of (product) from (country) C. Profit for Constructed Value 8. Affiliated Parties entered, or withdrawn from warehouse, for D. Affiliated-Party Inputs 9. Sample Sales and Prototypes/Zero-Price consumption on or after the date of E. Abnormally High Profits Transactions publication, as provided by section 751(a)(1) F. Credit and Inventory Costs 10. Export Price and Constructed Export of the Act: (1) the cash deposit rates for the G. Other Issues Price reviewed companies will be the rates shown 6. Further Manufacturing 11. Programming and Clerical Errors above except that, for firms whose weighted- 7. Packing and Movement Expenses 12. Duty Absorption average margins are less than 0.5 percent and 8. Affiliated Parties 13. Reimbursement therefore de minimis, the Department shall 9. Sample Sales and Prototypes/Zero-Price 14. Tooling Revenue require no deposit of estimated antidumping Transactions 15. Cash Deposit Financing duties; (2) for previously reviewed or 10. Export Price and Constructed Export 16. Miscellaneous Issues investigated companies not listed above, the Price A. Ocean and Air Freight cash deposit rate will continue to be the 11. Programming and Clerical Errors B. Burden of Proof company-specific rate published for the most 12. Duty Absorption C. HTS recent period; (3) if the exporter is not a firm 13. Reimbursement D. Certification of Conformance to Past covered in this review, a prior review, or the 14. Tooling Revenue Practice original less-than-fair-value (LTFV) 15. Cash Deposit Financing E. Pre-Existing Inventory investigation, but the manufacturer is, the 16. Miscellaneous Issues F. Inland Freight cash deposit rate will be the rate established A. Ocean and Air Freight G. Other Issues for the most recent period for the B. Burden of Proof manufacturer of the merchandise; and (4) the Background C. HTS cash deposit rate for all other manufacturers D. Certification of Conformance of Past On (date), the Department of Commerce or exporters will continue to be (rate). This Practice (the Department) published the preliminary rate is the ‘‘All Others’’ rate from the LTFV E. Pre-Existing Inventory results of administrative review of the investigation. F. Inland Freight antidumping duty order on (product) from These deposit requirements shall remain in G. Other Issues (country). The merchandise covered by this effect until publication of the final results of order is (brief description). The period of the next administrative review. Appendix 3—Sample Decision Memo review (POR) is (date) through (date). We This notice also serves as a final reminder This will be available on IA’s Web page. invited parties to comment on our to importers of their responsibility under 19 (Case Number) preliminary results of review. At the request CFR 351.402(f) to file a certificate regarding AR X/XX–X/XX of certain interested parties, we held a public the reimbursement of antidumping duties Public Document hearing on (date). prior to liquidation of the relevant entries MEMORANDUM TO: (Name) Discussion of the Issues during this review period. Failure to comply Assistant Secretary for Import 1. Facts Available with this requirement could result in the Administration Comment 1: Secretary’s presumption that reimbursement FROM: (Name) Department’s Position: of antidumping duties occurred and the Deputy Assistant Secretary for Import 2. Discounts, Rebates, and Price Adjustments subsequent assessment of doubled Administration Comment 1: antidumping duties. SUBJECT: Issues and Decision Memorandum Department’s Position: This notice also serves as the only for the Administrative Review of 3. Circumstance-of-Sale Adjustments reminder to parties subject to administrative (product) from (country)—(date) through Comment 1: protective orders (APO) of their (date) responsibility concerning the return or Department’s Position: destruction of proprietary information Summary * * * * * disclosed under APO in accordance with 19 We have analyzed the comments and Recommendation CFR 351.305 or conversion to judicial rebuttals of interested parties in the (date) protective order is hereby requested. Failure administrative review of the antidumping Based on our analysis of the comments to comply with the regulations and terms of duty order covering (product) from (country). received, we recommend adopting all of the an APO is a violation which is subject to As a result of our analysis, we have made above positions and adjusting all related sanction. changes, including corrections of certain margin calculations accordingly. If these We are issuing and publishing this inadvertent programming and clerical errors, recommendations are accepted, we will determination and notice in accordance with in the margin calculations. We recommend publish the final results of review and the sections section 751(a)(1) and 771(i) of the that you approve the positions we have final weighted-average dumping margins for Act. developed in the Discussion of the Issues all reviewed firms in the Federal Register. lllllllllllllllllllll section of this memorandum. Below is the AGREEl (Name) complete list of the issues in this DISAGREEl

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3658 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices lllllllllllllllllllll Antidumping and Countervailing Duty History of the Orders (Name) Orders, 63 FR 13516 (March 20, 1998) The Department published its final Assistant Secretary for Import (‘‘Sunset Regulations’’) and 19 CFR Part Administration affirmative determination of sales at less lllllllllllllllllllll 351 (1999) in general. Guidance on than fair value (‘‘LTFV’’) with respect to methodological or analytical issues (Date) imports of HFHTs from the PRC on relevant to the Department’s conduct of January 3, 1991 (56 FR 241). In this [FR Doc. 00–1654 Filed 1–21–00; 8:45 am] sunset reviews is set forth in the determination, the Department BILLING CODE 3510±DS±P Department’s Policy Bulletin 98:3— published four country-wide weighted- Policies Regarding the Conduct of Five- average dumping margins, one each for year (‘‘Sunset’’) Reviews of hammers/sledges, bars/wedges, picks/ DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty mattocks and axes/adzes. These margins International Trade Administration Orders; Policy Bulletin, 63 FR 18871 were all subsequently affirmed when (April 16, 1998) (‘‘Sunset Policy the Department issued the antidumping [A±570±803, A±570±803] Bulletin’’). duty orders on HFHTs from the PRC on February 19, 1991 (56 FR 6622). Since Preliminary Results of Full Sunset Scope the imposition of the orders, the Reviews: Bars and Wedges and Department has conducted several Hammers and Sledges From the Although we provide the full scope administrative reviews. 1 The orders People's Republic of China language for the order on heavy forged hand tools (‘‘HFHTs’’) below, this remain in effect for all manufacturers AGENCY: Import Administration, determination applies only to the types and exporters of the subject International Trade Administration, of HFHTs which fall under the orders merchandise from the PRC. Department of Commerce. (A–570–803) on bars/wedges and To date, the Department has not ACTION: Notice of Preliminary Results of hammers/sledges from the PRC. HFHTs issued any duty absorption findings in these cases. Full Sunset Reviews: Bars and Wedges include heads for drilling, hammers, and Hammers and Sledges from the sledges, axes, mauls, picks, and Background People’s Republic of China. mattocks, which may or may not be On July 1, 1999, the Department painted, which may or may not be SUMMARY: On July 1, 1999, the initiated sunset reviews of the finished, or which may or may not be Department of Commerce (‘‘the antidumping duty orders on bars and imported with handles; assorted bar Department’’) initiated sunset reviews of wedges and on hammers and sledges products and track tools including the antidumping duty orders on bars wrecking bars, digging bars and 1 and wedges and on hammers and See Heavy Forged Hand Tools, Finished and tampers; and steel wool splitting Unfinished, With or Without Handles, from the sledges from the People’s Republic of wedges. HFHTs are manufactured People’s Republic of China; Final Results of China (‘‘PRC’’) (64 FR 35588) pursuant through a hot forge operation in which Antidumping Duty Administrative Reviews, 60 FR to section 751(c) of the Tariff Act of 49251 (September 22, 1995); Heavy Forged Hand steel is sheared to the required length, 1930, as amended (‘‘the Act’’). On the Tools, Finished and Unfinished, With or Without heated to forging temperature, and Handles, from the People’s Republic of China; Final basis of notices of intent to participate formed to final shape on forging Results of Antidumping Duty Administrative filed on behalf of domestic interested Review, 61FR 15028 (April 4, 1996); as amended, equipment using dies specific to the parties and adequate substantive Heavy Forged Hand Tools, Finished and desired product shape and size. comments filed on behalf of domestic Unfinished, With or Without Handles, from the Depending on the product, finishing People’s Republic of China; Amendment of Final and respondent interested parties, the operations may include shot-blasting, Results of Antidumping Duty Administrative Department determined to conduct full Review 61 FR 24285 (May 14, 1996); Heavy Forged grinding, polishing, and painting, and reviews. As a result of these reviews, the Hand Tools, Finished and Unfinished, With or the insertion of handles for handled Without Handles, from the People’s Republic of Department preliminarily finds that products. HFHTs are currently China; Final Results of Antidumping Duty revocation of the antidumping orders classifiable under the following Administrative Review, 61 FR 51269 (October 1, would likely lead to continuation or 1996); as amended, Heavy Forged Hand Tools from Harmonized Tariff Schedule (‘‘HTS’’) recurrence of dumping at the levels the People’s Republic of China; Notice of item numbers 8205.20.60, 8205.59.30, Amendment of Final Results of Antidumping Duty indicated in the Preliminary Results of 8201.30.00, and 8201.40.60. Specifically Administrative Review, 62 FR 24416 (May 5, 1997); Reviews section of this notice. excluded are hammers and sledges with Heavy Forged Hand Tools from the People’s EFFECTIVE DATE: January 24, 2000. Republic of China; Final Results of Antidumping heads 1.5 kilograms (3.33 pounds) in Duty Administrative Reviews, 62 FR 11813 (March FOR FURTHER INFORMATION CONTACT: weight and under, and hoes and rakes, 13, 1997); Heavy Forged Hand Tools, Finished and Darla D. Brown or Melissa G. Skinner, and bars 18 inches in length and under. Unfinished, With or Without Handles, from the Office of Policy for Import People’s Republic of China; Final Results of The HTS item numbers are provided for Antidumping Duty Administrative Reviews, 63 FR Administration, International Trade convenience and customs purposes 16758 (April 6, 1998); as amended, Amended Final Administration, U.S. Department of only. The written description of the Results of Antidumping Duty Administrative Commerce, 14th Street and Constitution scope remains dispositive. Reviews Pursuant to Remand from the Court of Avenue, NW, Washington, DC 20230; International Trade: Heavy Forged Hand Tools, There has been one scope ruling with Finished and Unfinished, With or Without Handles, telephone: (202) 482–3207 or (202) 482– from the People’s Republic of China, 63 FR 55577 1560, respectively. respect to the orders on HFHTs from the PRC in which the Forrest Tool (October 16, 1998) and Amended Final Results of SUPPLEMENTARY INFORMATION: Antidumping Duty Administrative Reviews Company’s Max Multipurpose Tool was Pursuant to Remand from the Court of International Statute and Regulations determined to be within the scope of the Trade: Heavy Forged Hand Tools, Finished and order (58 FR 59991; November 12, Unfinished, With or Without Handles, from the These reviews are being conducted People’s Republic of China: Correction, 64 FR 851 pursuant to sections 751(c) and 752 of 1993). (January 6, 1999); Heavy Forged Hand Tools, the Act. The Department’s procedures These reviews cover imports from all Finished and Unfinished, With or Without Handles, from the People’s Republic of China; Final Results for the conduct of sunset reviews are set manufacturers and exporters of bars and and Partial Recission of Antidumping Duty forth in Procedures for Conducting Five- wedges and hammers and sledges from Administrative Reviews, 64 FR 43659 (August 11, year (‘‘Sunset’’) Reviews of the PRC. 1999).

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3659 from the PRC (64 FR 35588), pursuant reviews and the volume of imports of tools (e.g., hammers and sledges) in to section 751(c) of the Act. For both of the subject merchandise for the period 1990, and this number fell to the reviews, the Department received before and the period after the issuance approximately 3,810 units in 1997 and notices of intent to participate on behalf of the antidumping order, and shall 3,835 units in 1998. Moreover, the of O. Ames Co. and its division, provide to the International Trade domestic interested parties argue that Woodings-Verona (collectively, Commission (‘‘the Commission’’) the since the imposition of the order, import ‘‘domestic interested parties’’) on July magnitude of the margins of dumping volumes of bars/wedges have declined 16, 1999, within the deadline specified likely to prevail if the order were from approximately 2,429 tons in 1989 in section 351.218(d)(1)(i) of the Sunset revoked. to 2,233 tons in 1997. Therefore, they Regulations. Pursuant to section The Department’s determinations conclude that it is reasonable to assume 771(9)(C) of the Act, the domestic concerning continuation or recurrence that the PRC exporters could not sell in interested parties claimed interested of dumping and the magnitude of the the United States without dumping, and party status as domestic manufacturers margins are discussed below. In in order to reenter to U.S. market, they of the subject merchandise. The addition, domestic interested parties’ would have to resume dumping (see Department received complete and respondents’ comments with August 2, 1999, substantive response of substantive responses from the domestic respect to continuation or recurrence of the domestic interested parties at 3–4). interested parties on August 2, 1999, dumping and the magnitude of the The respondents argue that if the within the 30-day deadline specified in margins are addressed within the order were revoked, shipments would the Sunset Regulations under section respective sections below. likely continue at average levels as seen in 1996 through 1998. They maintain 351.218(d)(3)(i). In addition, we Continuation or Recurrence of that there is greater competition from received substantive responses on Dumping behalf of Fujian Machinery and other supplying countries and that Equipment Import and Export Corp., Drawing on the guidance provided in demand in the U.S. is fairly inelastic, Shandong Huarong General Group the legislative history accompanying the indicating that even with lower prices Corp., Shandong Machinery Import and Uruguay Round Agreements Act (without dumping duties), demand for Export Corp., and Tianjin Machinery (‘‘URAA’’), specifically the Statement of imports of the subject merchandise from Import and Export Corp. (collectively, Administrative Action (‘‘the SAA’’), the PRC is not likely to change much ‘‘respondents’’). The respondents H.R. Doc. No. 103–316, vol. 1 (1994), the (see July 30, 1999, substantive response claimed interested party status under House Report, H.R. Rep. No. 103–826, of the respondents at 2). section 771(9)(A) of the Act as exporters pt.1 (1994), and the Senate Report, S. As discussed in section II.A.3 of the of the subject merchandise. The Rep. No. 103–412 (1994), the Sunset Policy Bulletin, the SAA at 890, Department determined that the Department issued its Sunset Policy and the House Report at 63–64, if respondent’s response constituted an Bulletin providing guidance on companies continue to dump with the adequate response to the notice of methodological and analytical issues, discipline of an order in place, the initiation. As a result, the Department including the bases for likelihood Department may reasonably infer that determined, in accordance with section determinations. In its Sunset Policy dumping would continue if the 351.218(e)(2) of the Sunset Regulations, Bulletin, the Department indicated that discipline were removed. As pointed to conduct a full (240 day) review. determinations of likelihood will be out above, dumping margins above de In accordance with section made on an order-wide basis (see minimis continue to exist for shipments 751(c)(5)(C)(v) of the Act, the section II.A.2). In addition, the of the subject merchandise from the PRC Department may treat a review as Department indicated that it normally for at least one producer/exporter. extraordinarily complicated if it is a will determine that revocation of an Consistent with section 752(c) of the review of a transition order (i.e., an antidumping duty order is likely to lead Act, the Department also considers the order in effect on January 1, 1995). On to continuation or recurrence of volume of imports before and after October 26, 1999, the Department dumping where (a) dumping continued issuance of the order. As mentioned determined that the sunset reviews of at any level above de minimis after the above, the domestic interested parties the antidumping duty order on HFHTs issuance of the order, (b) imports of the maintain that imports of bars/wedges are extraordinarily complicated and subject merchandise ceased after the and hammers/sledges from the PRC extended the time limit for completion issuance of the order, or (c) dumping declined significantly following the of the final results of these reviews until was eliminated after the issuance of the imposition of the order. not later than January 18, 2000, in order and import volumes for the Using the Department’s statistics, accordance with section 751(c)(5)(B) of subject merchandise declined including IM146 reports, on imports of the Act. 2 significantly (see section II.A.3). the subject merchandise from the PRC, In their substantive responses, the the Department concludes that imports Determination domestic interested parties argue that of bars/wedges and hammers/sledges In accordance with section 751(c)(1) revocation of the orders would likely from the PRC have fluctuated over the of the Act, the Department is conducting lead to continuation or recurrence of life of the order, showing no overall these reviews to determine whether dumping. They base their conclusion on trend. revocation of the antidumping duty the combined facts that dumping has As noted above, in conducting its orders would be likely to lead to continued over the life of the orders at sunset reviews, the Department continuation or recurrence of dumping. levels well above de minimis and that considers the weighted-average Section 752(c) of the Act provides that, import volumes declined significantly dumping margins and volume of in making these determinations, the after the issuance of the orders. The imports when determining whether Department shall consider the weighted- domestic interested parties maintain revocation of an antidumping duty average dumping margins determined in that imports of hammers/sledges from order would lead to the continuation or the investigation and subsequent the PRC declined dramatically since the recurrence of dumping. Based on this imposition of the order. They argue that analysis, the Department finds that the 2See Extension of Time Limit for Final Results of Chinese exporters shipped existence of dumping margins above de Five-Year Reviews, 64 FR 57628 (October 26, 1999). approximately 8,735 units of striking minimis levels is highly probative of the

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3660 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices likelihood of continuation or recurrence margin of 45.42 percent calculated in discipline of the order. As such, the of dumping. A deposit rate above a de the original investigation. Department will report to the minimis level continues in effect for The respondents argue that the Commission the PRC-wide rates from exports of the subject merchandise by at dumping margin likely to prevail if the the original investigation as contained least one Chinese manufacturer/ order were revoked would be zero, but in the Preliminary Results of Reviews exporter. Therefore, given that dumping no higher than the average margin for section of this notice. has continued over the life of the order, the latest reviews. They base this the Department preliminarily argument on the fact that recent reviews Preliminary Results of Reviews determines that dumping is likely to conducted by the Department confirm As a result of these reviews, the continue if the orders were revoked. that different surrogate steel values than Department preliminarily finds that were used in the original investigation revocation of the antidumping order Magnitude of the Margin significantly reduce the dumping would likely lead to continuation or In the Sunset Policy Bulletin, the margin ( see July 30, 1999, substantive recurrence of dumping at the margins Department stated that it normally will response of respondents at 3). listed below: provide to the Commission the margin As noted in the Sunset Regulations that was determined in the final and Sunset Policy Bulletin, the PRC-wide Margin determination in the original Department may provide to the (percent) investigation. Further, for companies Commission a more recently calculated not specifically investigated or for margin for a particular company where Bars/Wedges ...... 31.76 Hammers/Sledges ...... 45.42 companies that did not begin shipping dumping margins increased after the until after the order was issued, the issuance of the order where that Any interested party may request a Department normally will provide a particular company increased dumping hearing within 30 days of publication of margin based on the ‘‘all others’’ rate to maintain or increase market share. In this notice in accordance with19 CFR from the investigation. (See section this case, the domestic interested parties 351.310(c). Any hearing, if requested, II.B.1 of the Sunset Policy Bulletin.) did not provide any company-specific Exceptions to this policy include the argument or evidence that any Chinese will be held on March 15, 2000. use of a more recently calculated companies have increased dumping in Interested parties may submit case briefs margin, where appropriate, and order to gain or maintain market share no later than March 7, 2000, in consideration of duty absorption or increase import volumes. Moreover, accordance with 19 CFR determinations. (See sections II.B.2 and while it is true that the dumping 351.309(c)(1)(i). Rebuttal briefs, which 3 of the Sunset Policy Bulletin.) We note margins have increased for some must be limited to issues raised in the that, to date, the Department has not Chinese companies, we have no case briefs, may be filed not later than issued any duty absorption findings in company-specific information March 13, 2000. The Department will either of these cases. demonstrating that imports of the issue a notice of final results of this In their substantive responses, the subject merchandise have not increased sunset review, which will include the domestic interested parties recommend substantially over the life of the order. results of its analysis of issues raised in that the Department deviate from its Since we have no company-specific any such comments, no later than June normal practice of forwarding margins information correlating an increase in 26, 2000. from the original investigation and exports for one company with an These five-year (‘‘sunset’’) reviews instead recommend using margins from increase in the dumping margin for that and notices are in accordance with more recent administrative reviews. In particular company, we cannot sections 751(c), 752, and 777(i)(1) of the the case of bars/wedges, the domestic conclude that use of more recently Act. interested parties recommend calculated margins is warranted in this Dated: January 18, 2000. forwarding to the Commission a margin case. Robert S. LaRussa, of 36.76 percent for Fujian Machinery & Additionally, the Department Assistant Secretary for Import Equipment Import & Export Corp. and disagrees with the respondents’ Administration. 38.30 percent for Shandong Machinery argument that a dumping margin of zero [FR Doc. 00–1660 Filed 1–21–00; 8:45 am] Import & Export Corp., as calculated in percent is likely to prevail were the BILLING CODE 3510±DS±P the second administrative review; 31.76 order to be revoked. Specifically, as percent for Tianjin Machinery Import & noted in the Sunset Policy Bulletin, the Export Corp. and Liaoning Machinery Department will consider forwarding to DEPARTMENT OF COMMERCE Import & Export Corp., as calculated in the Commission more recently the original investigation; and 34 calculated margins where dumping International Trade Administration percent for Shandong Huarong General margins have declined over the life of [A±570±820] Group Corp., as calculated in the sixth the order and imports have remained administrative review. The domestic steady or increased or where a company Final Results of Five-Year (``Sunset'') interested parties argue that since the increases dumping in order to maintain Review and Revocation of imposition of the order, the dumping or increase market share. The Antidumping Duty Order: Certain margins have increased for three respondent’s argument concerning Compact Ductile Iron Waterworks companies as well as for the PRC as a changes in methodology (e.g., different Fittings and Glands From the People's whole. They argue further that because surrogate steel values) does not fit either Republic of China import volumes of bars/wedges have criteria. Therefore, consistent with the declined since the imposition of the Sunset Policy Bulletin, the Department AGENCY: Import Administration, order, the Department should use a preliminarily finds that the margins International Trade Administration, more recently calculated rate for several calculated in the original investigation Department of Commerce. PRC companies. are probative of the behavior of Chinese ACTION: Notice. For hammers/sledges, the domestic producers/exporters if the order were to interested parties recommend be revoked as they are the only margins SUMMARY: On November 2, 1999, the forwarding to the Commission the which reflect their behavior absent the Department of Commerce (‘‘the

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Department’’) initiated a sunset review United States Customs Service to Administration, U.S. Department of of the antidumping duty order on terminate the suspension of liquidation Commerce, 14th Street and Constitution certain compact ductile iron waterworks of the merchandise subject to this order Avenue, NW, Washington, DC 20230; fittings and glands (‘‘CDIW’’) from the entered, or withdrawn from warehouse, telephone: (202) 482–3207 or (202) 482– People’s Republic of China (‘‘PRC’’). on or after January 1, 2000. Entries of 1560, respectively. Because no domestic party responded to subject merchandise prior to the SUPPLEMENTARY INFORMATION: the sunset review notice of initiation by effective date of revocation will the applicable deadline, the Department continue to be subject to suspension of Statute and Regulations is revoking this order. liquidation and antidumping duty This review was conducted pursuant EFFECTIVE DATE: January 1, 2000. deposit requirements. The Department to sections 751(c) and 752 of the Act. FOR FURTHER INFORMATION CONTACT: will complete any pending The Department’s procedures for the Martha V. Douthit or Melissa G. administrative reviews of this order and conduct of sunset reviews are set forth Skinner, Office of Policy, Import will conduct administrative reviews of in Procedures for Conducting Five-year Administration, International Trade subject merchandise entered prior to the (‘‘Sunset’’) Reviews of Antidumping and Administration, U.S. Department of effective date of revocation in response Countervailing Duty Orders, 63 FR Commerce, 14th Street and Constitution to appropriately filed requests for 13516 (March 20, 1998) (‘‘Sunset Avenue, NW, Washington, DC 20230; review. Regulations’’) and 19 CFR Part 351 telephone: (202) 482–5050 or (202) 482– Dated: January 14, 2000. (1998) in general. Guidance on methodological or analytical issues 1560, respectively. Robert S. LaRussa, SUPPLEMENTARY INFORMATION: relevant to the Department’s conduct of Assistant Secretary for Import sunset reviews is set forth in the Administration. Background Department’s Policy Bulletin 98:3— [FR Doc. 00–1658 Filed 1–21–00; 8:45 am] On September 7, 1993, the Policies Regarding the Conduct of Five- Department issued the antidumping BILLING CODE 3510±DS±P year (‘‘Sunset’’) Reviews of duty order on CDIW from the PRC (58 Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 FR 47117). Pursuant to section 751(c) of DEPARTMENT OF COMMERCE the Tariff Act of 1930, as amended (‘‘the (April 16, 1998) (‘‘Sunset Policy Act’’), the Department initiated a sunset International Trade Administration Bulletin’’). review of this order by publishing Scope notice of the initiation in the Federal [A±423±602] Register, November 2, 1999 (64 FR The merchandise subject to this Final Results of Full Sunset Review: 59160). In addition, as a courtesy to antidumping duty order is industrial Industrial Phosphoric Acid From interested parties, the Department sent phosphoric acid (‘‘IPA’’) from Belgium. Belgium letters, via certified and registered mail, IPA is currently classifiable under item to each party listed on the Department’s AGENCY: Import Administration, number 2809.20.00 of the Harmonized most current service list for this International Trade Administration, Tariff Schedule of the United States proceeding to inform them of the Department of Commerce. (‘‘HTSUS’’). Although the HTSUS subheadings are provided for automatic initiation of the sunset review ACTION: Notice of Final Results of Full convenience and customs purposes, the on this order. Sunset Review: Industrial Phosphoric written description remains dispositive. No domestic interested party in the Acid from Belgium. sunset review on this order responded Background to the notice of initiation by the SUMMARY: On September 23, 1999, the November 17, 1999 deadline (see Department of Commerce (‘‘the On September 23, 1999, the § 351.218(d)(1)(i) of Procedures for Department’’) published a notice of Department issued its Preliminary Conducting Five-year (‘‘Sunset’’) preliminary results of the full sunset Results of Full Sunset Review: Industrial Reviews of Antidumping and review of the antidumping duty order Phosphoric Acid from Belgium (64 FR Countervailing Duty Orders, 63 FR on industrial phosphoric acid from 51511) (‘‘Preliminary Results’’). In our 13520 (March 20, 1998) (‘‘Sunset Belgium (64 FR 51511) pursuant to Preliminary Results, we found that Regulations’’)). section 751(c) of the Tariff Act of 1930, revocation of the order would likely result in continuation or recurrence of Determination To Revoke as amended (‘‘the Act’’). We provided interested parties an opportunity to dumping. In addition, we preliminarily Pursuant to section 751(c)(3)(A) of the comment on our preliminary results. We determined that the magnitude of the Act and § 351.218(d)(1)(iii)(B)(3) of the received comments from the domestic margin of dumping likely to prevail Sunset Regulations, if no domestic interested parties. The Department did were the order revoked was 14.67 interested party responds to the notice not receive a request for a public percent for Societe Chimique Prayon- of initiation, the Department shall issue hearing, and, therefore, no hearing was Rupel, S.A. (‘‘Prayon’’) as well as for a final determination, within 90 days held. As a result of this review, the ‘‘all other’’ producers and/or exporters. after the initiation of the review, On November 8, 1999, within the Department finds that revocation of the revoking the finding or order. Because deadline specified in 19 CFR antidumping duty order would likely no domestic interested party responded 351.309(c)(1)(i), we received comments lead to continuation or recurrence of to the notice of initiation by the on behalf of Albright and Wilson dumping at the levels indicated in the applicable deadline, November 17, Americas, Inc., FMC Corporation, and Final Results of Review section of this 1999, we are revoking this antidumping Solutia Inc. (collectively, the ‘‘domestic notice. duty order. interested parties’’). We have addressed EFFECTIVE DATE: January 24, 2000. the comments received below. Effective Date of Revocation and FOR FURTHER INFORMATION CONTACT: Termination Darla D. Brown or Melissa G. Skinner, Comments Pursuant to section 751(c)(6)(A)(iv) of Office of Policy for Import Comment 1: The domestic interested the Act, the Department will instruct the Administration, International Trade parties maintain that the Department

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3662 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices correctly found that dumping would APO materials or conversion to judicial SUPPLEMENTARY INFORMATION: likely continue or recur if the protective order is hereby requested. Background antidumping duty order were revoked. Failure to comply with the regulations The domestic interested parties base and the terms of an APO is a On August 25, 1999, the Department their conclusion on the fact that sanctionable violation. published the preliminary results of the dumping has continued over the life of This five-year (‘‘sunset’’) review and new shipper review of the antidumping the order as well as the fact that import notice are in accordance with sections duty order on stainless steel bar from volumes have declined significantly 751(c), 752, and 777(i)(1) of the Act. India (64 FR 46350) (‘‘Preliminary over the life of the order. In addition, Results’’). The manufacturers/exporters Dated: January 18, 2000. in this new shipper review are Jyoti the domestic interested parties argue Robert S. LaRussa, that the Department correctly rejected Steel Industries (‘‘Jyoti’’), Parekh Bright Assistant Secretary for Import Bars Pvt. Ltd. (‘‘Parekh’’), and Shah Prayon’s argument that future exchange Administration. rates would eliminate Prayon’s dumping Alloys Ltd. (‘‘Shah’’). We verified [FR Doc. 00–1659 Filed 1–21–00; 8:45 am] margin. information provided by Jyoti as Department: The Department agrees BILLING CODE 3510±DS±P discussed in the Verification section, with the domestic interested parties. For below. We received a case brief from the petitioners 1 on December 22, 1999. We reasons provided in greater detail in our DEPARTMENT OF COMMERCE Preliminary Results, we find that received rebuttal briefs from Jyoti and Shah on January 7, 2000. dumping has continued over the life of International Trade Administration the order and is likely to continue if the Scope of the Review order were revoked. [A±533±810] Imports covered by this review are Comment 2: The domestic interested Stainless Steel Bar From India; Final shipments of stainless steel bar (‘‘SSB’’). parties argue that the Department Results of Antidumping Duty New SSB means articles of stainless steel in correctly chose the margin of dumping Shipper Review straight lengths that have been either found in the original less than fair value hot-rolled, forged, turned, cold-drawn, (‘‘LTFV’’) determination as the margin AGENCY: Import Administration, cold-rolled or otherwise cold-finished, to report to the International Trade International Trade Administration, or ground, having a uniform solid cross Commission (‘‘the Commission’’). The Department of Commerce. section along their whole length in the domestic interested parties maintain ACTION: Notice of final results of shape of circles, segments of circles, that the Department was correct in antidumping duty new shipper review ovals, rectangles (including squares), selecting the margins from the original of stainless steel bar from India. triangles, hexagons, octagons, or other investigation to forward to the convex polygons. SSB includes cold- SUMMARY: On August 25, 1999, the Commission because these margins are finished SSBs that are turned or ground Department of Commerce published the the only calculated rates which reflect in straight lengths, whether produced preliminary results of the new shipper the behavior of producers/exporters from hot-rolled bar or from straightened review of the antidumping duty order without the discipline of the order in and cut rod or wire, and reinforcing bars on stainless steel bar from India. We place. that have indentations, ribs, grooves, or gave interested parties an opportunity to Department: The Department agrees other deformations produced during the comment on the preliminary results. with the domestic interested parties. rolling process. Again, for reasons provided in detail in Based on our analysis of the comments Except as specified above, the term our Preliminary Results, we find that the received, we have made certain changes does not include stainless steel semi- margins likely to prevail were the order for the final results. finished products, cut length flat-rolled revoked would be 14.67 percent for This review covers three producers/ products (i.e., cut length rolled products Prayon and 14.67 percent for ‘‘all exporters of stainless steel bar to the which if less than 4.75 mm in thickness others’’. United States during the period have a width measuring at least 10 times February 1, 1998, through July 31, 1998. Final Results of Review the thickness, or if 4.75 mm or more in EFFECTIVE DATE: January 24, 2000. thickness having a width which exceeds As a result of this review, the FOR FURTHER INFORMATION CONTACT: 150 mm and measures at least twice the Department preliminarily finds that James Breeden or Melani Miller, Import thickness), wire (i.e., cold-formed revocation of the antidumping duty Administration, AD/CVD Enforcement products in coils, of any uniform solid order would likely lead to continuation Group I, Office 1, U.S. Department of cross section along their whole length, or recurrence of dumping at the margins Commerce, 14th Street and Constitution which do not conform to the definition listed below: Avenue, NW, Washington, D.C. 20230; of flat-rolled products), and angles, Margin telephone (202) 482–1174 or 482–0116, shapes and sections. Manufacturer/exporter (percent) respectively. The SSB subject to this review is currently classifiable under subheadings Applicable Statute and Regulations Prayon ...... 14.67 7222.10.0005, 7222.10.0050, All Others ...... 14.67 Unless otherwise indicated, all 7222.20.0005, 7222.20.0045, citations to the Tariff Act of 1930, as 7222.20.0075, and 7222.30.0000 of the This notice serves as the only amended (‘‘the Act’’), are references to Harmonized Tariff Schedule of the reminder to parties subject to the provisions effective January 1, 1995, United States (‘‘HTSUS’’). Although the administrative protective order (‘‘APO’’) the effective date of the amendments HTSUS subheadings are provided for of their responsibility concerning the made to the Act by the Uruguay Round disposition of proprietary information Agreements Act (‘‘URAA’’). In addition, 1 Al Tech Specialty Steel Corp., Carpenter disclosed under APO in accordance all references to the Department of Technology Corp., Crucible Specialty Metals with 19 CFR 351.305 of the Division, Crucible Materials Corp., Electroalloy Commerce’s (‘‘the Department’s’’) Corp., Republic Engineered Steels, Slater Steels Department’s regulations. Timely regulations are to 19 CFR Part 351 (April Corp., Talley Metals Technology, Inc. and the notification of return/destruction of 1998). United Steelworkers of America (AFL–CIO/CLC).

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3663 convenience and customs purposes, our (1) the information is submitted by We find that by not providing written description of the scope of this the deadline established for its necessary information specifically review is dispositive. submission; requested by the Department, Shah (2) the information can be verified; failed to cooperate to the best of its Verification (3) the information is not so ability. Therefore, in selecting facts As provided in section 782(i) of the incomplete that it cannot serve as a available, we have determined that an Act, we verified information provided reliable basis for reaching the applicable adverse inference is warranted. As by Jyoti using standard verification determination; adverse facts available, we have procedures, including on-site inspection (4) the interested party has assigned a margin of 21.02 percent to of the manufacturer’s facilities, the demonstrated that it acted to the best of Shah’s sales of the subject merchandise. examination of relevant cost data and its ability in providing the information This margin, calculated for sales by financial records, and selection of and meeting the requirements Mukand Limited during the original less original documentation containing established by the Department with than fair value (‘‘LTFV’’) investigation, relevant information. Our verification respect to the information; and represents the highest weighted-average results are outlined in the public and (5) the information can be used margin determined for any firm during business proprietary versions of the without undue difficulties. any segment of this proceeding. verification report, dated December 13, While Shah did respond to our Information from prior segments of the 1999. original questionnaire and supplemental proceeding constitutes secondary information and section 776(c) of the Comparisons questionnaires, it refused our request to revise its constructed value (‘‘CV’’) Act provides that the Department shall, We calculated export price and using cost data relevant to the POR, or to the extent practicable, corroborate that secondary information from normal value based on the same in the alternative, explain or document independent sources reasonably at its methodology used in the Preliminary why the cost data it did submit was disposal. The Statement of Results, with the following exceptions: representative of the costs incurred Administrative Action (‘‘SAA’’) With respect to Shah, we used facts during the POR. Because of Shah’s provides that ‘‘corroborate’’ means available as discussed in the Use of refusal to respond to our requests for simply that the Department will satisfy Facts Otherwise Available section, additional information, we did not itself that the secondary information to below. verify the company as planned. Thus, be used has probative value (see, H.R. For Jyoti, we adjusted its direct pursuant to section 782(e)(3), we found Doc. 103–316, Vol. 1, 870 (1994)). material costs, internal taxes on direct the information on the record so To corroborate secondary information, material purchases, direct labor costs, incomplete for the POR being examined the Department will, to the extent variable overhead costs, general and that we determined that it could not practicable, examine the reliability and administrative costs, interest expenses, serve as a reliable basis for calculating relevance of the information to be used. and international freight expense based a dumping margin. Also, pursuant to However, unlike other types of on information gathered at verification. section 782(e)(4), Shah failed to act to information, such as input costs or See Memorandum to Susan H. Kuhbach: the best of its ability in providing the selling expenses, there are no ‘‘Jyoti Steel Industries Verification requested information. Consequently, independent sources for calculated Report’’ dated December 13, 1999 we are not using any of the information dumping margins. Thus, in an (‘‘Verification Report’’) and ‘‘Company- submitted by Shah for our final results administrative review, if the Department specific Calculation Notes for Final and are relying instead on facts chooses as adverse facts available a Results: Jyoti Steel Industries’’ dated available. calculated dumping margin from a prior January 15, 2000. In selecting from among the facts segment of the proceeding, it is not Use of Facts Otherwise Available otherwise available, section 776(b) of necessary to question the reliability of the Act provides that the Department the margin for that time period. With Section 776(a)(2)(A) of the Act may use an inference that is adverse to respect to the relevance aspect of provides for the use of facts available the interests of a party if it determines corroboration, however, the Department when an interested party withholds that party has failed to cooperate to the will consider information reasonably at information that has been requested by best of its ability. On August 19, 1999, its disposal as to whether there are the Department. As described in more we issued a supplemental questionnaire circumstances that would render a detail below, Shah failed to provide to Shah, which instructed the company margin inappropriate. Where information explicitly requested by the to either revise its CV database based on circumstances indicate that the selected Department; therefore, we have used costs incurred during the POR or to margin is not appropriate as adverse facts otherwise available in determining submit supporting documentation as to facts available, the Department will Shah’s dumping margin. why its fiscal year cost information disregard the margin and determine an However, pursuant to section 782(e) accurately reflected the costs incurred appropriate margin (see, e.g., Fresh Cut of the Act, in using the facts otherwise by the company during the POR. In its Flowers from Mexico; Final Results of available we must determine whether supplemental questionnaire response, Antidumping Duty Administrative information Shah already submitted for Shah failed to address either issue. We Review, 61 FR 6812, 6814 (Feb. 22, the record of this review may be used issued Shah another supplemental 1996) (where the Department in calculating a dumping margin. questionnaire on September 29, 1999, disregarded the highest margin as Section 782(e) of the Act provides that requesting that it submit CV data based adverse facts available because the the Department shall not decline to on actual costs incurred during the POR. margin was based on another company’s consider information that is submitted Shah responded in its October 16, 1999, uncharacteristic business expense by an interested party and that is supplemental questionnaire response resulting in an unusually high margin)). necessary to the determination but that it was not revising its CV database As discussed above, it is not which does not meet all the applicable and that it was continuing to provide necessary to question the reliability of a requirements established by the CV information based on fiscal year calculated margin from a prior segment Department if— 1998–1999 data. of the proceeding. Further, there are no

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3664 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices circumstances indicating that this the final results. As discussed in the we found that both Shah and Parekh margin is inappropriate as facts Preliminary Results, we did not have the withheld critical information that was available. Therefore, we find that the data necessary to calculate a dumping requested by the Department, the use of 21.02 percent rate is corroborated. margin for Parekh, because Parekh facts otherwise available is appropriate. In our Preliminary Results, we failed to respond to the Department’s Furthermore, as is also noted above, applied a total adverse facts available supplemental questionnaire and request in accordance with section 776(b) of the margin for Parekh. We have not changed for cost information, and discontinued Act, if the Department finds that an this finding for these final results. For all communication with the interested party has failed to cooperate a detailed explanation of our reasons for Department. In light of this withholding by not acting to the best of its ability to applying adverse facts available, please of necessary information, pursuant to comply with a request for information, see our Preliminary Results and the section 776(a)(2)(A) of the Act, we the Department may use an inference Department’s response to Comment 1 found it necessary to apply the facts that is adverse to the interests of that below. available. Furthermore, not only did party in selecting from among the facts Parekh fail to provide necessary otherwise available. Because we found Interested Party Comments information specifically requested by that neither Shah nor Parekh cooperated In accordance with 19 CFR 351.309, the Department and to discontinue its to the best of its ability, the use of an we invited interested parties to participation in this review, Parekh adverse inference is also appropriate for comment on our Preliminary Results. provided the Department with no the final results for both Shah and We received written comments from the explanation or reasons for its failure to Parekh. petitioners and rebuttal comments from participate. Based on these facts, Comment 2: The Department Should Jyoti and Shah. pursuant to section 776(b) of the Act, we Apply Facts Available to Jyoti determined that Parekh failed to Comment 1: Use of Facts Available for The petitioners argue that Jyoti has Parekh and Shah cooperate to the best of its ability; therefore, we used an adverse inference significantly impeded the proceeding by The petitioners argue that the when selecting among the facts failing to report its sales to third country Department should rely on facts otherwise available. markets and, therefore, the Department available for Parekh and Shah for Moreover, we corroborated the facts should rely on facts available for Jyoti. purposes of the final results because available rate applied to Parekh as Moreover, contrary to Jyoti’s each company failed to report critical explained in the Preliminary Results. explanation at verification that it information required for the calculation We have received no information that misunderstood the Department’s of dumping margins. With respect to would call into question our reporting instructions, the petitioners Parekh, the petitioners note that the corroboration of that rate and, therefore, allege that record evidence indicates company failed to respond to the continue to use it for our final results. Jyoti clearly understood the Department’s supplemental request for As noted above in the Facts Otherwise Department’s instructions. Given that information. Therefore, the petitioners Available section, Shah did not submit Jyoti has intentionally withheld argue that the Department should information requested by the information requested, the Department continue to rely on facts available when Department and failed to cooperate by should disregard the constructed value calculating Parekh’s margin, as it did in not acting to the best of its ability to information submitted by Jyoti as the the Preliminary Results. With respect to comply with a request for information. basis for the calculation of normal value Shah, the petitioners argue that the As was stated in the Department’s and assign an adverse facts available Department has no choice but to apply December 17, 1999, memorandum, rate to Jyoti for the final results. In the facts otherwise available because the although Shah did submit cost support of their argument, the company failed to report costs of information, that information was based petitioners cite Stainless Steel Sheet production in a manner consistent with on a time period that included eight and Strip in Coils From Taiwan, Notice Department requirements and provided months that were not included in the of Final Determination of Sales at Less no explanation for its failure to do so. POR. We gave Shah numerous than Fair Value, 64 FR 30592 (June 8, In support of their argument, the opportunities to explain why this data 1999) (‘‘Sheet and Strip from Taiwan’’), petitioners cite to the Department’s was representative of the costs incurred in which the Department applied December 17, 1999, memorandum during the POR or to revise its data, adverse facts available to a respondent which states that Shah’s failure to opportunities that were declined by company that failed to report all of its comply with Department requests Shah. At the time the Department home market sales. warrants the use of adverse facts requested the cost information, Shah Jyoti argues that it reported the sales available. See December 17, 1999, offered no explanation as to why it that are identical to its U.S. sales. The Memorandum from Team to Richard chose not to take advantage of the company states that the merchandise it Moreland, ‘‘Failure by Shah Alloys to opportunities provided by the sold to third country markets is different Respond to Requests for Information.’’ Department. It is only now, in its in physical and chemical properties. Shah argues that the CV information rebuttal brief, that Shah informs the Thus, according to Jyoti, those sales it provided to the Department was the Department that the cost data it had should not have been reported. only cost data that it had available when provided was the only cost data that it Department’s Position it received the Department’s requests. had available when it received the Therefore, Shah contends that it has Department’s requests. However, we As discussed in the Preliminary cooperated to the best of its ability with find that this explanation is belated. Results,Jyoti reported that it had a the Department requests for Section 776(a)(2)(A) of the Act viable home market and no third- information. provides for the use of facts available country market sales of the foreign like when an interested party withholds product. We agreed with Jyoti that it Department’s Position information that has been requested by had a viable home market, but We agree with the petitioners and the Department. As explained in the preliminarily determined that a have applied the facts otherwise Facts Otherwise Available section above ‘‘particular market situation’’ existed available to both Shah and Parekh for and in our Preliminary Results, because making it inappropriate to use home

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At verification, Although we found at verification that Administrative Review, 64 FR 69481, we discovered that Jyoti did make third- the allocation methodology used in 69485 (December 13, 1999). According country sales of the foreign like product Jyoti’s questionnaire response contained to the petitioners, Jyoti failed to provide during the POR. However, as discussed certain errors, we agree with Jyoti that such a link and, thus, the Department in the verification report, we believe none of these errors was so significant should not allow this cost adjustment. that the misreporting was based on a as to warrant the rejection of Jyoti’s Jyoti contends that there is a direct misunderstanding and that information data. In general, when we deem a link between the sales tax rebate and the was not intentionally withheld from the respondent’s data to be acceptable, our cost of manufacture. However, Jyoti Department. See page 3 of the practice is to correct it for errors found argues that this tax rebate is difficult to Verification Report. at verification. Accordingly, we have document because reimbursement We do not agree that applying adverse reallocated Jyoti’s direct labor and occurs through the reduction of taxes facts available is appropriate in this variable overhead expenses based on the payable to the government. situation. Unlike the situation in Sheet information collected at verification for Department’s Position and Strip from Taiwan, in this instance purposes of the final results. we find that Jyoti has had difficulty We agree with the petitioners, in part. understanding our reporting Comment 4: Jyoti’s Calculation of U.S. At verification, company officials were instructions. This situation is Credit Expense Is Incorrect unable to provide supporting complicated by the fact that it is the first The petitioners argue that Jyoti’s documentation with respect to the time the company is involved with an calculation of U.S. credit expense does rebates received in connection with antidumping proceeding. Jyoti’s not take into account the correct number sales taxes paid on raw material misunderstanding was substantiated at of days between the shipment of the purchases. Accordingly, we have not verification when company officials merchandise and the receipt of payment made an adjustment to Jyoti’s CV data expressed their confusion regarding the from the customer. According to the for these tax rebates. However, company reporting of third-country sales. Jyoti’s petitioners, the Department should officials were able to document the rebuttal comments also illustrate its adjust this expense to reflect the correct refund of excise duties paid on the raw continued misunderstanding. While we number of days outstanding between materials used to produce subject have not found that Jyoti fully complied shipment and customer payment. merchandise. Therefore, we have offset with this request for information, we Jyoti argues that it has correctly used Jyoti’s CV data by the amount of excise have not found that this error in the number of days between the duties refunded in connection with the reporting demonstrates Jyoti’s failure to issuance of the invoice and receipt of purchase of the raw materials used in cooperate to the best of its ability. payment from its bank. the production of the subject Rather, Jyoti’s subsequent responses to merchandise. Department’s Position our supplemental questions and its Final Results of Review cooperation at verification are indicative We disagree with the petitioners that of a cooperative respondent. In addition, the calculation of credit expense is As a result of this review, we find that the CV information was verified by the incorrect. The Department’s preference the following margins exist for the Department and can be used without is to use actual credit cost information. period February 1, 1998, through July difficulties. Moreover, the information As discussed in the Verification Report, 31, 1998: is complete and can serve as a reliable Jyoti finances its exports accounts Margin basis for calculating an antidumping receivable by entering into a discount Manufacturer/Exporter (percent) duty margin. arrangement with its bank. See page 4 of the Verification Report. Jyoti has Comment 3: Jyoti’s CV Reporting Jyoti ...... 0.00 submitted on the official record bank Parekh ...... 21.02 Methodology documentation detailing the credit costs Shah ...... 21.02 The petitioners contend that the incurred in connection with its U.S. information obtained by the Department sale. This information was also The Department will disclose to a at verification demonstrates that Jyoti’s reviewed at verification. Because the party to the proceeding calculations reporting methodology is flawed. reported amount represents the actual performed in connection with these Specifically, the petitioners argue that credit expenses incurred by Jyoti, we final results within five days after the Jyoti’s use of a single, average cost for have continued to use it for our final date of announcement or, if there is no all of its products fails to measure results. public announcement, within five days accurately the direct labor and overhead after the date of publication of this expenses allocable to the different bar Comment 5: The Department Should notice. See 19 CFR 351.224. The result sizes produced by Jyoti. The petitioners Reject Jyoti’s Offsets to Constructed of this review shall be the basis for the contend that Jyoti’s failure to revise its Value assessment of antidumping duties on allocation methodology, despite the The petitioners argue that the entries of merchandise covered by the requests made by the Department, Department should not allow an review and for future deposits of warrants the use of facts available. adjustment to constructed value for estimated duties for the manufacturers/ Jyoti contends that the size and internal taxes on raw material purchases exporters subject to this review. We simplicity of its operations does not because Jyoti failed to provide evidence have calculated an importer-specific necessitate allocating labor and of rebates from the government. The duty assessment rate based on the ratio overhead costs differently across the petitioners note that it is the of the total amount of antidumping various bar sizes it produces. Jyoti Department’s practice to allow an duties calculated for the examined sales

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3666 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices to the total value of those sales January 18, 2000. DEPARTMENT OF COMMERCE examined. The Department will issue Robert S. LaRussa, appraisement instructions directly to Assistant Secretary for Import International Trade Administration the Customs Service. Administration. Boston University; Notice of Decision Furthermore, the following deposit [FR Doc. 00–1661 Filed 1–21–00; 8:45 am] on Application for Duty-Free Entry of requirements will be effective for all BILLING CODE 3510±DS±P Electron Microscope shipments of the subject merchandise entered, or withdrawn from warehouse, This is a decision pursuant to Section for consumption on or after the DEPARTMENT OF COMMERCE 6(c) of the Educational, Scientific, and publication date of these final results of Cultural Materials Importation Act of this new shipper review, as provided by International Trade Administration 1966 (Pub. L. 89–651, 80 Stat. 897; 15 section 751(a)(1) of the Act: (1) the cash CFR part 301). Related records can be deposit rate for the reviewed companies Application for Duty-Free Entry of viewed between 8:30 A.M. and 5:00 will be the rates indicated above; (2) for Scientific Instrument P.M. in Room 4211, U.S. Department of companies not covered in this review, Commerce, 14th and Constitution but covered in previous reviews or the Pursuant to Section 6(c) of the Avenue, N.W., Washington, D.C. LTFV investigation (59 FR 66915, Educational, Scientific and Cultural Docket Number: 99–026. Applicant: December 28, 1994), the cash deposit Materials Importation Act of 1966 (Pub. Boston University, Boston, MA 02215. rate will continue to be the company- L. 89–651; 80 Stat. 897; 15 CFR part Instrument: Electron Microscope, Model specific rate published for the most 301), we invite comments on the JEM–2010. Manufacturer: JEOL Ltd., recent period; (3) if the exporter is not question of an instrument of equivalent Japan. Intended Use: See notice at 64 FR a firm covered in this review, a prior scientific value, for the purposes for 63788, November 22, 1999. Order Date: review, or the original investigation, but which the instrument shown below is May 24, 1999. the manufacturer is, the cash deposit intended to be used, is being Comments: None received. Decision: rate will be the most recent rate manufactured in the United States. Approved. No instrument of equivalent established for the manufacturer of the Comments must comply with 15 CFR scientific value to the foreign instrument, for such purposes as the merchandise; and (4) if neither the 301.5(a)(3) and (4) of the regulations and instrument is intended to be used, was exporter nor the manufacturer is a firm be filed within 20 days with the covered in this review or any previous being manufactured in the United States Statutory Import Programs Staff, U.S. at the time the instrument was ordered. review or the original investigation, the Department of Commerce, Washington, cash deposit rate will be the ‘‘all others’’ Reasons: The foreign instrument is a D.C. 20230. Application may be conventional transmission electron rate of 12.45 percent established in the examined between 8:30 A.M. and 5:00 LTFV investigation. microscope (CTEM) and is intended for P.M. in Room 4211, U.S. Department of research or scientific educational uses These deposit requirements will Commerce, 14th Street and Constitution requiring a CTEM. We know of no remain in effect until publication of the Avenue, N.W., Washington, D.C. CTEM, or any other instrument suited to final results of the next administrative Docket Number: 00–001. Applicant: these purposes, which was being review. USDA, Agricultural Research Service, manufactured in the United States at the This notice also serves as a final 800 Buchanan Street, Albany, CA time of order of the instrument. reminder to importers of their 94710. Instrument: Picking and Frank W. Creel, responsibility under 19 CFR 351.402(f) Gridding Q-Bot System. Manufacturer: to file a certificate regarding the Director, Statutory Import Programs Staff. Genetix Ltd., United Kingdom. Intended [FR Doc. 00–1656 Filed 1–21–00; 8:45 am] reimbursement of antidumping duties Use: The instrument is intended to be BILLING CODE 3510±DS±P prior to liquidation of the relevant used in experiments that will include: entries during this review period. isolation, characterization and DNA Failure to comply with this requirement sequencing of genes from organisms of could result in the Secretary’s DEPARTMENT OF COMMERCE agronomic importance; gridding of presumption that reimbursement of clone collections onto filters for gene International Trade Administration antidumping duties occurred and the isolation and genome characterization; subsequent assessment of double University of North Carolina; Notice of construction of DNA microarrays; antidumping duties. Decision on Application for Duty-Free rearraying clones and samples into new Entry of Scientific Instrument This notice also serves as a reminder matrix collections; replication of clones to parties subject to administrative and clone library samples. This decision is made pursuant to protective orders (‘‘APOs’’) of their Application accepted by Section 6(c) of the Educational, responsibility concerning the Scientific, and Cultural Materials disposition of proprietary information Commissioner of Customs: January 6, 2000. Importation Act of 1966 (Pub. L. 89– disclosed under APO in accordance 651, 80 Stat. 897; 15 CFR part 301). with 19 CFR 351.305(a)(3). Timely Frank W. Creel, Related records can be viewed between written notification of the return/ Director, Statutory Import Programs Staff. 8:30 A.M. and 5:00 P.M. in Room 4211, destruction of APO materials or U.S. Department of Commerce, 14th and conversion to judicial protective order is [FR Doc. 00–1657 Filed 1–21–00; 8:45 am] BILLING CODE 3510±DS±P Constitution Avenue, N.W., hereby requested. Failure to comply Washington, D.C. with the regulations and the terms of an Docket Number: 99–025. Applicant: APO is a sanctionable violation. University of North Carolina, Chapel This new shipper review and notice Hill, NC 27599. Instrument: Nose Only are in accordance with sections Inhalation System. Manufacturer: ADG 751(a)(2)(B) and 777(i)(1) of the Act. Developments Ltd., United Kingdom.

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Intended Use: See notice at 64 FR each ATP program area, and a ACTION: Notice of availability of 63788, November 22, 1999. presentation by the ATP Economic proposed amendments to contract terms Comments: None received. Decision: Assessment Office. Discussions and conditions. Approved. No instrument of equivalent scheduled to begin at 8:30 a.m. and to scientific value to the foreign end at 9:30 a.m. and to begin at 3 p.m. SUMMARY: The Chicago Mercantile instrument, for such purposes as it is and to end at 5 p.m. on February 2, Exchange (CME or Exchange) has intended to be used, is being 2000, on the ATP budget issues and proposed amendments to the manufactured in the United States. staffing of positions will be closed. Exchange’s lean hogs cattle futures and option contracts. The proposed Reasons: The foreign instrument DATES: The meeting will convene provides delivery of drug aerosols by amendments would increase to 2,400 February 2, 2000, at 8:30 a.m. and will contracts from 2,000 contracts the nose-only exposure to mycobacterium adjourn at 5 p.m. on February 2, 2000. infected guinea pigs to evaluate novel speculative position limit applicable to ADDRESSES: therapies for the treatment of The meeting will be held at individual non-spot contract months. tuberculosis in animal models. The the National Institute of Standards and The proposed amendments also would National Institutes of Health advises in Technology, Administration Building increase to 950 contracts from 650 its memorandum of December 10, 1999 Tenth Floor Conference Room, contracts the speculative position limit that (1) this capability is pertinent to the Gaithersburg, Maryland 20899. that is applicable to positions held on applicant’s intended purpose and (2) it FOR FURTHER INFORMATION CONTACT: and after the close of business of the knows of no domestic instrument or Janet R. Russell, National Institute of fifth business day of the expiring apparatus of equivalent scientific value Standards and Technology, contract month. The proposed to the foreign instrument for the Gaithersburg, MD 20899–1004, amendments were submitted under the applicant’s intended use. telephone number (301) 975–2107. Commission’s 45-day Fast Track We know of no other instrument or SUPPLEMENTARY INFORMATION: The procedures which provides that, absent apparatus of equivalent scientific value Assistant Secretary for Administration, any contrary action by the Commission, to the foreign instrument which is being with the concurrence of the General the proposed amendments may be manufactured in the United States. Counsel, formally determined on deemed approved on February 24, January 13, 2000 that portions of the 2000—45 days after the Commission’s Frank W. Creel, receipt of the proposals. The Acting Director, Statutory Import Programs Staff. meeting of the Advanced Technology Program Advisory Committee which Director of the Division of Economic [FR Doc. 00–1655 Filed 1–21–00; 8:45 am] involve discussion of proposed funding Analysis (Division) of the Commission, BILLING CODE 3510±DS±P of the Advanced Technology Program acting pursuant to the authority may be closed in accordance with 5 delegated by Commission Regulation 140.96, has determined that publication DEPARTMENT OF COMMERCE U.S.C. 552b(c)(9)(B), because those portions of the meetings will divulge of the proposed amendments is in the National Institute of Standards and matters the premature disclosure of public interest and will assist the Technology Advanced Technology which would be likely to significantly Commission in considering the views of Program Advisory Committee frustrate implementation of proposed interested persons, and is consistent agency actions; and that portions of with the purposes of the Commodity AGENCY: National Institute of Standards meetings which involve discussion of Exchange Act. and Technology, Department of staffing of positions in ATP may be DATES: Comments must be received on Commerce. closed in accordance with 5 U.S.C. or before February 8, 2000. ACTION: Notice of partially closed 552b(c)(6), because divulging ADDRESSES: Interested persons should meeting. information discussed in those portions submit their views and comments to Jean A. Webb, Secretary, Commodity SUMMARY: Pursuant to the Federal of the meetings is likely to reveal Advisory Committee Act, 5 U.S.C. app. information of a personal nature where Futures Trading Commission, Three 2, notice is hereby given that the disclosure would constitute a clearly Lafayette Centre, 21st Street NW, Advanced Technology Program unwarranted invasion of personal Washington, DC 20581. In addition, Advisory Committee, National Institute privacy. comments may be sent by facsimile of Standards and Technology (NIST), Dated: January 13, 2000. transmission to facsimile number (202) 418–5521, or by electronic mail to will meet Wednesday, February 2, 2000, Karen H. Brown, [email protected]. Reference should be from 8:30 a.m. to 5 p.m. The Advanced Deputy Director. Technology Program Advisory made to the proposed amendments to [FR Doc. 00–1647 Filed 1–21–00; 8:45 am] the CME lean hogs futures and option Committee is composed of seven BILLING CODE 3510±13±M members appointed by the Director of contracts. NIST; who are eminent in such fields as FOR FURTHER INFORMATION CONTACT: business, research, new product Please contact John Bird of the Division development, engineering, education, COMMODITY FUTURES TRADING of Economic Analysis, Commodity and management consulting. The COMMISSION Futures Trading Commission, Three purpose of this meeting is to review and Lafayette Centre, 21st Street NW, make recommendations regarding RIN 3038±ZA05 Washington, DC 20581, telephone (202) 418–5274. Facsimile number: (202) 418– general policy for the Advanced Chicago Mercantile Exchange: 5527. Electronic mail: jbird @cftc.gov Technology Program (ATP), its Proposed Amendments to the Lean organization, its budget, and its Hogs Futures and Option Contracts SUPPLEMENTARY INFORMATION: The lean programs within the framework of Increasing the Contracts' Speculative hogs futures contract is cash settled applicable national policies as set forth Position Limits based on cash prices reported by the by the President and the Congress. The U.S. Department of Agriculture during agenda will include a background and AGENCY: Commodity Futures Trading the last two trading days of expiring briefing on the ATP, a briefing from Commission. contract month. Contract months for the

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3668 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices lean hog futures option contract that Lafayette Centre, 21st Street NW., Jean A. Webb, Secretary, Commodity correspond to contract months for the Washington, DC 20581 by the specified Futures Trading Commission, Three underlying lean hogs futures contract date. Lafayette Centre, 21st Street, NW, expire simultaneously with such futures Issued in Washington, DC, on January 14, Washington, DC 20581. In addition, contract months. Currently, traders’ 2000. comments may be sent by facsimile combined positions in the futures and Richard Shilts, transmission to facsimile number (202) option contracts are subject to Acting Director. 418–5521, or by electronic mail to speculative position limits of 2000 [email protected]. Reference should be [FR Doc. 00–1566 Filed 1–21–00; 8:45 am] contracts for positions held in made to the proposed amendments to individual non-spot contract months BILLING CODE 6351±01±M the speculative position limits for the and 650 contracts for positions held in CME live cattle futures and option the expiring contract month from the COMMODITY FUTURES TRADING contracts. close of business on the fifth business COMMISSION FOR FURTHER INFORMATION CONTACT: day of that month through the last Please contact John Bird of the Division RIN 3038±ZA04 trading day of the expiring contract of Economic Analysis, Commodity month (the tenth business day of the Futures Trading Commission, Three month). Chicago Mercantile Exchange: Proposed Amendments to the Live Lafayette Centre, 21st Street, NW, The proposed amendments would Washington, DC 20581, telephone (202) increase the speculative position limit Cattle Futures and Option Contracts Increasing the Contracts' Speculative 418–5274. Facsimile number: (202) 418– applicable to individual non-spot 5527. Electronic mail: [email protected]. contract months to 2,400 contracts from Position Limits SUPPLEMENTARY INFORMATION: The live 2,000 contracts. The proposed AGENCY: Commodity Futures Trading cattle futures calls for delivery of 40,000 amendments also would increase to 950 Commission. pounds of live steers at specified CME- contracts from 650 contracts the ACTION: Notice of availability of approved livestock yards located in speculative limit applicable from the proposed amendments to contract terms Iowa, Kansas, Oklahoma, Texas, New close of business on the fifth business and conditions. Mexico and Colorado or, at the delivery day of the expiring contract month receiver’s request, at CME-approved through the last trading day for that SUMMARY: The Chicago Mercantile cattle slaughter plants located near the month. Exchange (CME or Exchange) has The CME intends to make the CME-approved livestock yards. The live proposed amendments to the cattle futures option contract is proposed amendments effective upon Exchange’s live cattle futures and option Commission approval for all existing exercisable into the futures contract and contracts. The proposed amendments option contract months expire prior to and newly listed contract months. would increase to 3,200 contracts from The Commission is requesting the last five trading days for the 2,400 contracts the speculative position underlying futures contract month (the comments on the proposed limit applicable to individual non-spot amendments. last trading day for expiring contract months. The proposed amendments also months is the last business day of the Copies of the proposed amendments would increase to 900 contracts from will be available for inspection at the month). Non-delivery period option 600 contracts the speculative position contract months expire on the last Office of the Secretariat, Commodity limit applicable to positions held in the Futures Trading Commission, Three Friday of the month and delivery period expiring contract month from the close options expire on the business day Lafayette Centre, 21st Street NW., of business on the business day Washington, DC 20581. Copies of the preceding the last nine business days of following the first Friday of the contract the underlying futures contract month. proposed amendments can be obtained month to the business day preceding the through the Office of the Secretariat by Currently, traders’ combined positions last five trading days of the expiring in the futures and option contracts are mail at the above address, by phone at month. The proposed amendments were (202) 418–5100, or via the Internet at subject to speculative position limits of submitted under the Commission’s 45- 2,400 contracts in individual non-spot [email protected]. day Fast Track procedures which Other materials submitted by the contract months and 600 contracts provides that, absent any contrary Exchange in support of the proposal commencing at the close of business on action by the Commission, the proposed may be available upon request pursuant the business day following the first amendments may be deemed approved to the Freedom of Information Act (5 Friday of the contract month. In on February 24, 2000—45 days after the U.S.C. 552) and the Commission’s addition, positions in the expiring Commission’s receipt of the proposals. regulations thereunder (17 CFR Part 146 futures contract month are subject to a The Acting Director of the Division of (1987)), except to the extent they are speculative position limit of 300 Economic Analysis (Division) of the entitled to confidential treatment as set contracts during the last five trading Commission, acting pursuant to the forth in 17 CFR 145.5 and 145.9. days of the expiring contract month. authority delegated by Commission Requests for copies of such materials The proposed amendments would Regulations 140.96, has determined that should be made to the FOI, Privacy and increase to 3,200 contracts from 2,400 publication of the proposed Sunshine Act Compliance Staff of the contracts the speculative position limit amendments is in the public interest, Office of Secretariat at the Commission’s applicable to combined futures and will assist the Commission in headquarters in accordance with 17 CFR option positions in individual non-spot considering the views of interested 145.7 and 145.8. months. The proposed amendments also Any person interested in submitting persons, and is consistent with the would increase to 900 contracts from written data, views, or arguments on the purposes of the Commodity Exchange 600 contracts the speculative position proposed amendments, or with respect Act. limit applicable to combined futures to other materials submitted by the DATES: Comments must be received on and option positions held in the Exchange, should send such comments or before February 8, 2000. expiring contract month from the close to Jean A. Webb, Secretary, Commodity ADDRESSES: Interested persons should of business on the business day Futures Trading Commission, Three submit their views and comments to following the first Friday of the contract

VerDate 042000 19:43 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3669 month to the business day preceding the COMMODITY FUTURES TRADING with other clearing organizations. These last five trading days of the expiring COMMISSION proposed rule amendments were submitted by CME in anticipation of its month. The speculative position limit RIN 3038±ZA06 applicable to futures positions during plan to establish a cross-margining 1 the last five trading days of the futures The Chicago Mercantile Exchange's program with LCH, based on an contract would remain unchanged at Proposal To Establish a Cross- electronic trading link between CME 300 contracts. Margining Program With the London and the London International Financial 2 Clearing House Futures Exchange (‘‘LIFFE’’). All The CME intends to make the transactions executed at LIFFE are proposed amendments effective upon AGENCY: Commodity Futures Trading cleared by LCH. Because the October 22, Commission approval for all existing Commission. 1999 submission lacked certain details and newly listed contract months ACTION: Notice of proposed rule regarding specifics of the CME–LCH beginning with the April 2000 contract amendments of the Chicago Mercantile program, CME agreed to allow the month. Exchange to implement cross-margining Commission to stay its review of the The Commission is requesting with the London Clearing House. proposal until providing the comments on the proposed amendment. Commission with such details. On SUMMARY: The Chicago Mercantile Copies of the proposed amendments December 27, 1999, CME submitted Exchange (‘‘CME’’ or ‘‘Exchange’’) has additional materials to the Commission, will be available for inspection at the submitted to the Commodity Futures including a letter summarizing the Office of the Secretariat, Commodity Trading Commission (‘‘Commission’’) proposal; a ‘‘Cross-Margining Futures Trading Commission, Three proposed rule amendments that would Agreement’’ between the CME, LCH and Lafayette Centre, 21st Street, NW, establish a ‘‘two-pot’’ cross-margining LIFFE; a copy of the ‘‘Cross-Margining Washington, DC 20581. Copies of the program between the CME and the Participant Agreement’’ for clearing proposed amendments can be obtained London Clearing House (‘‘LCH’’). The members participating in the Cross- through the Office of the Secretariat by program would permit participants to Margining Program; an opinion of mail at the above address, by phone at cross-margin their positions at the CME outside counsel regarding the cross- (202) 418–5100, or via the Internet at Clearing House and LCH while holding border bankruptcy implications of the [email protected]. those positions at each clearing house in program’s payment guaranty provision; 3 Other materials submitted by the separate accounts. and an overview of the proposal’s loss- Acting pursuant to the authority Exchange in support of the proposal sharing arrangement. delegated by Commission Regulation may be available upon request pursuant 140.96(b), the Division of Trading and II. Description of the Proposed Cross- to the Freedom of Information Act (5 Markets (‘‘Division’’) has determined to Margining Program U.S.C. 552) and the Commission’s publish the CME’s proposal for public Under the program, CME clearing regulations thereunder (17 CFR Part 145 comment. The Division believes that members that either (1) are clearing (1987)), except to the extent they are publication of the proposal is in the entitled to confidential treatment as set public interest and will assist the 1 The proposed amendments involve CME Rules forth in 17 CFR 145.5 and 145.9. Commission in considering the views of 802 and 830. Amended CME Rule 830 would, as Requests for copies of such materials interested persons. proposed, add definitions distinguishing between a should be made to the FOI, Privacy and ‘‘Joint Cross-Margining Program,’’ also known as the DATES: Comments must be received on ‘‘one-pot’’ approach, and a ‘‘Guaranteed Cross- Sunshine Act Compliance Staff at the or before February 8, 2000. Margining Program,’’ also known as the ‘‘two-pot’’ approach. Both of these approaches are described Office of Secretariat at the Commission’s ADDRESSES: Comments should be headquarters in accordance with 17 CFR infra. Amendments to CME Rule 830 would also, submitted to Jean A. Webb, Secretary, among other things, delineate which Exchange 145.7 and 145.8. Commodity Futures Trading members are eligible to participate in a guaranteed Any person interested in submitting Commission, Three Lafayette Centre, cross-margining program. Amended CME Rule 802, as proposed, would mandate how the obligations of written data, views, or arguments on the 1155 21st Street, NW, Washington, DC a cross-margining program participant would be proposed amendments, or with respect 20581. Comments also may be sent by discharged in the event of default. to other materials submitted by the facsimile to (202) 418–5221 or by 2 CME submitted the proposed CME–LIFFE link Exchange, should send such comments electronic mail to [email protected]. to the Commission by letters dated November 23, Reference should be made to ‘‘Chicago 1999 and December 14, 1999. The Division to Jean A. Webb, Secretary, Commodity informed CME that the CME–LIFFE link could Futures Trading Commission, Three Mercantile Exchange’s Proposal To become effective without prior Commission Lafayette Centre, 21st Street, NW, Establish A Cross-Margining Program approval, pursuant to Commission Regulation With the London Clearing House.’’ 1.41(c), by letter dated December 21, 1999. In brief, Washington, DC 20581 by the specified the program permits individuals and firms with date. FOR FURTHER INFORMATION CONTACT: access to CME Globex terminals to obtain cross- Joshua R. Marlow, Attorney-Advisor, exchange access through Globex to the contracts Issued in Washington, DC, on January 14, Division of Trading and Markets, listed by LIFFE on LIFFE’s electronic trading 2000. Commodity Futures Trading system, CONNECT, provided they are approved by Richard Shilts, LIFFE as members (pursuant to a fast-track Commission, Three Lafayette Centre, procedure), affiliate with a clearing member of LCH Acting Director. 1155 21st Street, NW, Washington, DC to clear trades made in LIFFE contracts, and agree [FR Doc. 00–1567 Filed 1–21–00; 8:45 am] 20581. Telephone (202) 418–5490. to abide by LIFFE rules. Likewise, individuals and firms with access to LIFFE CONNECT could obtain SUPPLEMENTARY INFORMATION BILLING CODE 6351±01±M : cross-exchange access through CONNECT to the I. Background contracts listed by CME on Globex, provided they are LIFFE members identified to CME, affiliate with On October 22, 1999, CME submitted a clearing member of CME to clear trades made in to the Commission proposed rule CME contracts, and agree to abide by the Globex trading rules of CME. amendments that would set forth a 3 The Division verbally requested a document of framework for the establishment of this nature during an August 19, 1999 meeting with guaranteed cross-margining programs representatives from CME.

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3670 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices members at both LCH and LIFFE, or (2) submitted by CME may be available Dated: January 18, 2000. have affiliates that are clearing members upon request pursuant to the Freedom Sadye E. Dunn, at both LCH and LIFFE,4 would be of Information Act, 5 U.S.C. § 552, and Secretary. eligible to cross-margin proprietary the Commission’s regulations [FR Doc. 00–1563 Filed 1–21–00;8:45am] positions that they maintain in Euro thereunder, 17 CFR § 145 (1987), except BILLING CODE 6355±01±M Euribor and Euro Libor futures and to the extent they are entitled to option contracts at LIFFE and confidential treatment as set forth in 17 Eurodollar futures and option contracts CFR §§ 145.5, 145.9. Requests for copies CONSUMER PRODUCT SAFETY at CME. This program would take the of such materials should be made to the COMMISSION ‘‘two-pot’’ approach to cross-margining, FOIA, Privacy Act, and Sunshine Act [CPSC Docket NO. 00±C0004] whereby performance bond and Compliance Staff of the Office of positions of participants are held in Secretariat at the Commission’s Lancaster Colony Corporation, a separate accounts by the CME Clearing headquarters in accordance with 17 CFR Corporation; Settlement Agreement House and by LCH, rather than a ‘‘one- §§ 145.7, 145.8. and Order pot’’ approach in which cross-margined Issued in Washington, D.C. on January 14, 1. This Settlement Agreement and positions and performance bond are 2000 by the Commission. maintained by the participating clearing Order, entered into between Lancaster Alan L. Seifert, organizations in jointly-held accounts. Colony Corporation, a corporation The CME Clearing House and LCH, by Deputy Director. (hereinafter, ‘‘Lancaster Colony’’ or the terms of the Cross-Margining [FR Doc. 00–1569 Filed 1–21–00; 8:45 am] ‘‘Respondent’’), and the staff of the Agreement, would calculate daily the BILLING CODE 6351±01±U Consumer Product Safety Commission amount that each participant in the (hereinafter, ‘‘staff’’), pursuant to the program could, with cross-margining, procedures set forth in 16 C.F.R. reduce its margin levels at LCH and § 1118.20, is a compromise resolution of CME. LCH and the CME Clearing House CONSUMER PRODUCT SAFETY the matter described herein, without a would then provide each other with COMMISSION hearing or determination of issues of cross-guaranties in the amount of the law and fact. associated margin reductions to protect [CPSC Docket No. 00±C0004] The Parties each clearing organization in the event of default by a clearing member of the Lancaster Colony Corporation; 2. The staff is the staff of the other clearing organization. CME’s Provisional Acceptance of a Consumer Product Safety Commission proposal is unique in that, unlike the Settlement Agreement and Order (hereinafter, ‘‘Commission’’), an ‘‘two-pot’’ guaranteed cross-margining independent federal regulatory agency AGENCY: Consumer Product Safety arrangement between the Government of the United States government, Commission Securities Clearing Corporation and the established by Congress pursuant to New York Clearing Corporation ACTION: Notice. section 4 of the Consumer Product (‘‘NYCC’’) recently deemed approved by Safety Act (hereinafter, ‘‘CPSA’’), as SUMMARY: the Commission,5 the current proposal It is the policy of the amended, 15 U.S.C. § 2053. raises issues of transnational insolvency Commission to publish settlements 3. Respondent Lancaster Colony is a which have not been previously which it provisionally accepts under the corporation organized and existing considered in the cross-margining Consumer Product Safety Act in the under the laws of the State of Ohio with context. Federal Register in accordance with the its principal corporate offices located in terms of 16 CFR 1118.20(e). Published Columbus, Ohio. Lancaster Colony has III. Request for Comment below is a provisionally-accepted an operating division named Candle-lite The Commission requests comment Settlement Agreement Lancaster Colony located in Cincinnati, Ohio, which from interested persons concerning any Corporation, a corporation, containing a manufactures and sells candles. aspect of CME’s proposed cross- civil penalty of $150,000. Staff Allegations margining program. The Commission is DATES: Any interested person may ask especially interested in comments the Commission not to accept this 4. Section 15(b) of the CPSA, 15 regarding the cross-border bankruptcy agreement or otherwise comment on its U.S.C. § 2064(b), requires a aspects of this proposal. contents by filing a written request with manufacturer of a consumer product Copies of CME’s proposed rule the Office of the Secretary by February who, inter alia, obtains information that amendments and certain other materials 8, 2000. reasonably supports the conclusion that are available for inspection at the Office the product contains a defect which ADDRESSES: Persons wishing to of the Secretariat, Commodity Futures comment on this Settlement Agreement could create a substantial product Trading Commission, Three Lafayette should send written comments to the hazard or creates an unreasonable risk Centre, 1155 21st Street NW, Comment 00–C0004, Office of the of serious injury or death, to Washington, DC 20581. Copies of the Secretary, Consumer Product Safety immediately inform the Commission of proposed amendments and related Commission, Washington, D.C. 20207. the defect or risk. materials may also be obtained through 5. Between August 1995 and February the Office of the Secretariat by mail at FOR FURTHER INFORMATION CONTACT: 1996, Lancaster Colony through its the above address, by telephone at (202) Ronald G. Yelenik, Trial Attorney, Candle-lite division, manufactured and 418–5100, or by electronic mail at Office of Compliance and Enforcement, sold nationwide, approximately three [email protected]. Other materials Consumer Product Safety Commission, million Clearfire De-lite Candles Washington, D.C. 20207; telephone (hereinafter the ‘‘Candles’’ or the 4 All LIFFE clearing members must also be (301) 504–0626, 1351. ‘‘product’’). A candle is a ‘‘consumer members of LCH. SUPPLEMENTARY INFORMATION: The text of product and Lancaster Colony is a 5 July 2, 1999, letter to George F. Haase, Jr., NYCC President, from David P. Van Wagner, Associate the Agreement and Order appears ‘‘manufacturer’’ of a ‘‘consumer Director of the Division of Trading and Markets. below. product,’’ which is ‘‘distributed in

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3671 commerce’’ as those terms are defined section 15(b) of the CPSA, 15 U.S.C. through 14 herein, and to the issuance in sections 3(a)(1), (4), (11) of the CPSA, § 2064(b), and further denies the other of a complaint, (ii) to judicial review or 15 U.S.C. §§ 2052(a)(1), (4), (11). allegations of the CPSC staff as stated other challenge or contest of the validity 6. The product is a candle made of a herein. of the Commission’s Order, (iii) to a clear gel-like substance which is 16. Lancaster Colony did not have determination by the Commission as to packaged in a textured glass jar. reason to believe that these candles whether a violation of Section 15(b) of 7. The Candles are defective because posed a substantial product hazard. the CPSA, has occurred, (iv) to a they could flare up unexpectedly during Lancaster Colony believed the statement of findings of fact and use, causing the Candles’ glass holders information available did not reasonably conclusions of law with, and (v) to any to overheat and break. If this occurs, support the conclusion that the claims under the Equal Access to Justice consumers could be burned or injured products were defective within the Act. by broken glass. meaning of the CPSA or that they 22. Upon provisional acceptance of 8. On or about November 20, 1995, created an unreasonable risk of serious this Settlement Agreement and Order by Lancaster Colony first received a report injury or death, and, therefore, no report the Commission, the Commission shall of an incident involving Candle flare- was required under section 15(b) of the place this Agreement and Order on the up. Act. public record and shall publish it in the 9. By December 31, 1995, Lancaster 17. During the time period in which Federal Register in accordance with the Colony was aware of approximately the CPSC alleges Lancaster Colony procedure set forth in 16 C.F.R. forty four incidents involving Candle wrongfully failed to file a report, it § 1118.20(e). If the Commission does not flare-up, resulting in reports alleging conducted its own internal testing as receive any written request not to accept five personal injuries and twenty one well as independent testing at four the Settlement Agreement and Order occurrences of property damage. different laboratories of 4,500 candles. within 15 days, the Agreement and 10. In January 1996, with the Neither the in-house nor outside Order shall be deemed finally accepted incidents continuing to mount, laboratories were able to recreate the on the 16th day after the date it is Respondent stopped manufacture of the scenario about which some consumers published in the Federal Register, in Candles. complained. These test results suggested accordance with 16 C.F.R. § 1118.20(f). 11. In February 1996, Respondent to Lancaster Colony that no defect was 23. This Settlement Agreement and revised the formulation of its original present. Likewise, the extremely low Order becomes effective only upon its Candle, in part, to address the flare-up complaint rate (0.00020) suggested to final acceptance by the Commission and problem, and introduced a new candle Lancaster Colony that any flare ups service upon Respondent. Compliance in its place. were due to consumer misuse and/or by Lancaster Colony with this Final 12. On or about May 2, 1996, the date environmental contamination rather Settlement Agreement and Order the staff conducted an establishment than an inherent product defect. Finally, releases it from liability arising from any inspection of the firm, Respondent was based upon the nature of the complaints allegations of violation of section 15(b) aware of at least 142 incidents involving received by Lancaster Colony, the firm of the CPSA regarding the specific candle flare-ups, including reports of did not believe that the candles could candles described in paragraphs 5 and approximately 20 incidents involving create a substantial product hazard or 6 above. personal injury and reports of more than create an unreasonable risk of serious 24. Upon final acceptance of this 55 incidents involving property damage. injury or death. For these reasons, Settlement Agreement, the Commission 13. Although Lancaster Colony Lancaster Colony concluded, and may publicize the terms of the through its Candle-lite division, had outside counsel concurred, that it was Settlement Agreement and Order. obtained sufficient information to not required to submit a report to the 25. Lancaster Colony agrees to pay to reasonably support the conclusion that CPSC. the Commission a civil penalty in the these Candles contained a defect which 18. Nevertheless, Lancaster Colony amount of one hundred fifty thousand could create a substantial product cooperated fully with the Commission dollars ($150,000), in settlement of this hazard, or created an unreasonable risk staff in designing and implementing a matter, payable within twenty (20) days of serious injury or death, it failed to voluntary recall of the candles described after service of the Final Order of the report such information to the in paragraphs 5 and 6 above. Commission accepting this Settlement Commission prior to the inspection, as 19. By entering into this Settlement Agreement. required by section 15(b) of the CPSA. Agreement and Order, Lancaster Colony 26. This Settlement Agreement and This is a violation of section 19(a)(4) of does not admit any liability or Order are entered into for settlement the CPSA, 15 U.S.C. § 2068(a)(4). wrongdoing. This Settlement Agreement purposes only and shall not constitute 14. Respondent’s failure to report to and Order is agreed to by Lancaster an admission or determination arising the Commission, as required by section Colony solely for the purposes of from the allegations that the candles 15(b) of the CPSA, was committed avoiding the cost of litigation and does contain a defect which could create a ‘‘knowingly,’’ as that term is defined in not constitute, and is not evidence of, an substantial product hazard or create an Section 20(d) of the CPSA, 15 U.S.C. admission of liability or wrongdoing by unreasonable risk of serious injury or § 2069(d), and Lancaster Colony is Lancaster Colony. death. subject to civil penalties under Section 27. The provisions of this Settlement 20 of the CPSA. Agreement of the Parties Agreement and Order shall apply to 20. The Commission has jurisdiction Lancaster Colony and its successors and Response of Lancaster Colony in this matter under the CPSA, U.S.C. assigns, agents, representatives and 15. Lancaster Colony denies the §§ 2051–2084. employees, directly or through any allegations of the staff that the Clearfire 21. Lancaster Colony knowingly, corporation, subsidiary, division, or De-lite candles contain a defect which voluntarily and completely waives any other business entity, or through any could create a substantial product rights it may have (i) to an agency, device or instrumentality. hazard pursuant to section 15(a) of the administrative or judicial hearing with 28. This Settlement Agreement may CPSA, 15 U.S.C. § 2065(a); denies that it respect to the Commission staff’s be used in interpreting the Order. violated the reporting requirements of allegations discussed in paragraphs 4 Agreements, understandings,

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3672 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices representations, or interpretations made The mission of the Defense Science (Acquisition), SAF/GCQ, 1500 Wilson outside of this Settlement Agreement Board is to advise the Secretary of Blvd., Suite 304, Arlington, VA 22209– and Order may not be used to vary or Defense and the Under Secretary of 2310. Mr. Heald can be reached at 703– to contradict its terms. Defense for Acquisition, Technology & 588–5091 or by fax at 703–588–8037. Logistics on scientific and technical Dated: December 10, 1999. Janet A. Long, John L. Boylan, matters as they affect the perceived needs of the Department of Defense. At Air Force Federal Register Liaison Officer. Treasurer, Lancaster Colony Corporation. these meetings, the Defense Science [FR Doc. 00–1601 Filed 1–21–00; 8:45 am] The Consumer Product Safety Commission. Board Task Force will receive briefings BILLING CODE 5001±05±U Alan H. Schoem, and discuss interim findings and Associate Executive Director, Office of tentative recommendations resulting Compliance. from ongoing activities. DELAWARE RIVER BASIN Eric L. Stone, In accordance with Section 10(d) of COMMISSION Director, Legal Division, Office of the Federal Advisory Committee Act, Compliance. P.L. No. 92–463, as amended (5 U.S.C. Notice of Commission Meeting and Public Hearing Dated: December 17, 1999. App. II, (1994)), it has been determined that these Defense Science Board Ronald G. Yelenik, Notice is hereby given that the meetings, concern matters listed in 5 Delaware River Basin Commission will Trial Attorney, Legal Division, Office of U.S.C. 552b(c) (1) (1994), and that Compliance. hold an informal conference followed accordingly these meetings will be by a public hearing on Wednesday, Order closed to the public. However, due to January 26, 2000. The hearing will be critical mission requirements for a part of the Commission’s regular Upon consideration of the Settlement report by the end of January, the Task Agreement between Respondent business meeting. Both the conference force is unable to provide timely notice and business meeting are open to the Lancaster Colony Corporation, a of the above mentioned meetings. corporation, and the staff of the public and will be held in the Goddard Consumer Product Safety Commission, Dated: January 14, 2000. Conference Room of the Commission’s and the Commission having jurisdiction L.M. Bynum, offices at 25 State Police Drive, West over the subject matter and over Alternate OSD Federal Register Liaison Trenton, New Jersey. Lancaster Colony Corporation, and it Officer, Department of Defense. The conference among the appearing the Settlement Agreement is [FR Doc. 00–1545 Filed 1–21–00; 8:45 am] Commissioners and staff will begin at in the public interest, it is BILLING CODE 5001±10±M 10:00 a.m. and will include a report on Ordered, that the Settlement the agency’s budget for 2001; a Agreement be and hereby is accepted, discussion of the Basin comprehensive and it is DEPARTMENT OF DEFENSE planning process; an update on the U.S. Further Ordered, that within 20 days Army Corps of Engineers proposal for Department of the Air Force of service of the Final Order upon undertaking projects jointly with the Respondent, Lancaster Colony Commission; a status report on progress Notice of Intent To Grant an Exclusive toward an agreement between the Army Corporation shall pay to the order of the Patent License U.S. Treasury a civil penalty in the Corps and the Commission for storage at amount of one hundred fifty thousand Pursuant to the provisions of Part 404 F.E. Walter Reservoir; a report on the dollars ($150,000). of Title 37, Code of Federal Regulations status of a new basinwide flood (CFRs), which implements Public Law coordination initiative; and a discussion Provisionally accepted and Provisional of plans for a two-day Commission Order issued on the 18th day of January, 96–517, the Department of the Air Force 2000. announces its intention to grant meeting in Reading, Pennsylvania in March. By order of the Commission. Thorgersen ElectroLuminescence In addition to the dockets listed Sadye E. Dunn, Corporation, a company doing business in Woodbury, CT, an exclusive license below, which are scheduled for public Secretary, Consumer Product Safety hearing, the Commission will address Commission. in any right, title and interest the Air Force has in U.S. Patent No. 5,213,099. the following at its 1:00 p.m. business [FR Doc. 00–1564 Filed 1–21–00; 8:45 am] The inventor, Lloyd D. Tripp, was a meeting: minutes of the December 8, BILLING CODE 6355±01±M government employee at the time of the 1999 business meeting; announcements; invention. The invention is entitled report on Basin hydrologic conditions; ‘‘Ear Canal Pulse/Oxygen Saturation reports by the Executive Director and DEPARTMENT OF DEFENSE Measuring Device’’ and issued on May General Counsel; and public dialogue. 25, 1993. The Commission also will conduct Office of the Secretary The license described above will be public hearings and consider a Defense Science Board granted unless an objection thereto, resolution to adopt the FY 2001 Budget together with a request for an and the 2000 Water Resources Program. ACTION: Notice of Advisory Committee opportunity to be heard, if desired, is It will consider additional resolutions Meetings. received in writing by the addressee set to: authorize the Executive Director to forth below within 60 days from the contract with Water Resources SUMMARY: The Defense Science Board date of publication of this Notice. Management, Inc. for a flow needs study Task Force on Global Positioning Information concerning the application for the Delaware River and major Systems will meet in closed session on may be obtained, on request, from the tributaries; and control toxic pollutants January 12–13, January 20–21, and same addressee. from point sources discharging to the January 24–25, 2000, at 3601 Wilson All communications concerning this Delaware River Estuary. Boulevard, Suite 600, Arlington, Notice should be sent to Mr. Randy The dockets scheduled for public Virginia 22203. Heald, Associate General Counsel hearing will be as follows:

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1. Philadelphia Suburban Water Hanover Township, Montgomery wish to attend the hearing should Company D–98–11 CP. An application County in the Southeastern contact the Secretary, Pamela M. Bush, to withdraw up to 4.0 million gallons Pennsylvania Ground Water Protected at (609) 883–9500 ext. 203 or the New per day (mgd) from East Branch Area. Jersey Relay Service at 1–800–852–7899 Brandywine Creek for public water 5. Liberty Electric Power, LLC D–99– (TTY) to discuss how the Commission supply when stream flow exceeds 25 61. An application to construct a may accommodate your needs. nominal 500 megawatt natural gas-fired percent of the average daily flow and is Dated: January 11, 2000. greater than 90 mgd for the Brandywine electric power plant to be located on a Pamela M. Bush, River at Chadds Ford. The applicant 25.5 acre site between Route 291 and proposes to serve East Brandywine and the Amtrak/Septa railroad tracks in Secretary. West Brandywine Townships, and Eddystone Borough, Delaware County, [FR Doc. 00–1586 Filed 1–21–00; 8:45 am] potentially, Wallace Township, all in Pennsylvania. The power generated will BILLING CODE 6360±01±P Chester County, Pennsylvania. The primarily supply the Pennsylvania- intake will be situated on the east bank Jersey-Maryland grid. The Philadelphia of the East Branch Brandywine Creek Suburban Water Company will supply just south of Marshall Road in Wallace up to 6 mgd of water to the facility; and DEPARTMENT OF ENERGY Township. On an annual average use the applicant projects up to 4.7 mgd will Secretary of Energy Advisory Board; basis, withdrawal is expected to average be consumed. Approximately 1.3 mgd of Notice of Open Teleconference approximately 0.76 mgd. When process and sanitary wastewater will be Meeting available, the raw water will be conveyed to the DELCORA sewerage conveyed for storage in a nearby system which discharges to the SUMMARY: This notice announces an abandoned quarry (known as Cornog Delaware River in Water Quality Zone 4. open teleconference meeting of the Quarry) with an estimated storage 6. Kendal Corporation D–99–68. An Secretary of Energy Advisory Board’s capacity of approximately 100 million application to upgrade and expand the Laboratory Operations Board. The gallons. Withdrawals ranging from 0.5 applicant’s existing 0.07 mgd secondary Federal Advisory Committee Act (Public mgd to 1.0 mgd will then be made from treatment STP to provide tertiary Law 92–463, 86 Stat. 770), requires that the quarry, treated by a proposed new treatment of 0.125 mgd to four agencies publish these notices in the filter plant, and distributed to the retirement communities in Kennett and Federal Register to allow for public project service area. Pennsbury Townships, Chester County, participation. The purpose of the 2. Upper Moreland-Hatboro Joint Pennsylvania. Effluent will continue to teleconference is to discuss the findings Sewer Authority D–98–48 CP. A project be applied to the applicant’s existing and recommendations of a draft report nine-acre spray field and a proposed to rerate the applicant’s existing sewage prepared by a Laboratory Operations additional spray irrigation site located treatment plant (STP) from an annual Board (LOB) Working Group. The approximately one-quarter mile east of average 7.0 mgd flow to 7.173 mgd; the Working Group reviewed the State Routes 1 and 52 in Kennett maximum monthly flow rate will be Department of Energy’s Laboratory Township. However, during the months 9.08 mgd. The additional capacity is Directed Research and Development of November through April, effluent needed due to growth within the (LDRD) Program, which funds will be discharged to an unnamed existing service area of the Borough of discretionary research and development tributary of Bennetts Run in the Hatboro and portions of Horsham, at the Department’s multi-program Upper Dublin and Upper Moreland Brandywine Creek watershed. laboratories. The review is intended to Townships, Montgomery County, 7. Philadelphia Suburban Water provide independent external advice Pennsylvania, and a portion of Company D–99–69 CP. An application regarding the value, quality, nature of Warminster Township, Bucks County, to transfer up to 9.5 mgd of potable oversight and continued need and Pennsylvania. The STP will continue to water to the applicant’s public water appropriate level of support for provide advanced secondary treatment distribution system via an laboratory directed research and and ultraviolet disinfection prior to interconnection with the City of development at the Department’s discharge via the existing outfall to Philadelphia Water Department. The laboratories. Pennypack Creek near Terwood Road in transfer will enable the applicant to Name: Secretary of Energy Advisory Upper Moreland Township, provide an additional source of water to Montgomery County, Pennsylvania. serve projected demand in its Southern Board—Laboratory Operations Board. 3. Reichhold, Inc. D–99–32. An Division service area. The proposed Dates: Thursday, January 27, 2000, application for approval of a ground interconnection will be located at the 10:30 A.M.–12:30 P.M., Eastern water withdrawal project to supply up Philadelphia-Delaware County border Standard Time. to 5.4 million gallons (mg)/30 days of off the Interstate 95 and State Route 291 Addresses: Participants may call the water to the applicant’s chemical interchange near the Philadelphia Office of the Secretary of Energy manufacturing facility from new Well International Airport. Advisory Board at (202) 586–7092 to No. 37 in the Cheswold Aquifer, and to Documents relating to these items reserve a teleconference line and receive limit the withdrawal from all wells to 17 may be examined at the Commission’s a call-in number. Public participation is mg/30 days. The project is located in offices. Preliminary dockets are welcomed. However, the number of Kent County, Delaware. available in single copies upon request. teleconference lines is limited. Lines are 4. Gilbertsville Golf Club, Inc. D–99– Please contact Thomas L. Brand at (609) available on a first come basis. 47. An application for approval of a 883–9500 ext. 221 concerning docket- FOR FURTHER INFORMATION CONTACT: ground water withdrawal project to related questions. Persons wishing to Betsy Mullins, Executive Director, or supply up to 8.1 mg/30 days of water for testify at this hearing are requested to Laurie Keaton, LOB Staff Director, irrigation of the applicant’s golf course register with the Secretary at (609) 883– Office of Secretary of Energy Advisory from new Well No. PW–2 in the 9500 ext. 203 prior to the hearing. Board (AB–1), US Department of Brunswick Formation, and to limit the Individuals in need of an Energy, 1000 Independence Avenue, withdrawal from all wells to 12.0 mg/30 accommodation as provided for in the SW, Washington, D.C. 20585, (202) 586– days. The project is located in New Americans With Disabilities Act who 7162 or (202) 586–6279 (fax).

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SUPPLEMENTARY INFORMATION: The being published less than 15 days before 385.211 of the Commission’s Rules and purpose of the Laboratory Operations the date of the meeting due to the late Regulations. All such protests must be Board is to provide independent resolution of programmatic issues. filed on or before January 25, 2000. external advice to the Secretary of Minutes: A copy of the minutes and Protests will be considered by the Energy Advisory Board regarding the a transcript of the meeting will be made Commission in determining the strategic direction of the Department’s available for public review and copying appropriate action to be taken, but will laboratories, the coordination of budget approximately 30 days following the not serve to make protestants parties to and policy issues affecting laboratory meeting at the Freedom of Information the proceedings. Copies of this filing are operations, and the reduction of Public Reading Room, 1E–190 Forrestal on file with the Commission and are unnecessary and counterproductive Building, 1000 Independence Avenue, available for public inspection in the management burdens on the SW, Washington, D.C., between 9:00 Public Reference Room. This filing may laboratories. The Laboratory Operations A.M. and 4:00 P.M., Monday through be viewed on the web at http:// Board’s goal is to facilitate the Friday except Federal holidays. Further www.ferc.fed.us/online/rims.htm (call productive and cost-effective utilization information on the Laboratory 202–208–2222 for assistance). of the Department’s laboratory system Operations Board is available at the David P. Boergers, and the application of best business Secretary of Energy Advisory Board’s practices. web site, located at http:// Secretary. Note: Copies of the draft report may be www.hr.doe.gov/seab. [FR Doc. 00–1583 Filed 1–21–00; 8:45 am] obtained from the following Internet address: Issued at Washington, D.C., on January 18, BILLING CODE 6717±01±M http://www.hr.doe.gov/seab/ or by contacting 2000. the Office of the Secretary of Energy Rachel M. Samuel, Advisory Board at (202) 586–7092. DEPARTMENT OF ENERGY Deputy Advisory Committee Management Tentative Agenda Officer. Federal Energy Regulatory [FR Doc. 00–1626 Filed 1–21–00; 8:45 am] Commission Thursday, January 27, 2000 BILLING CODE 6450±01±P 10:30A.M.–10:45 A.M. [Questar Pipeline Company; Docket No. CP00±68±000] Opening Remarks—Co-Chairs: E. Moniz DEPARTMENT OF ENERGY & J. McTague Notice of Application 10:45 A.M.–11:15 A.M. Overview of the LDRD Working Group Federal Energy Regulatory January 18, 2000. Commission Findings and Recommendations— Take notice that on January 10, 2000, Dr. Paul Fleury, Working Group [National Fuel Gas Supply Corporation; Questar Pipeline Company (Questar), Chairman Docket No. RP99±484±001] 180 East 100 South, Salt Lake City, Utah 11:15 A.M.–12:00 P.M. 84111, filed in Docket No. CP00–68–000 Public Comment Period Notice of Compliance Filing an application pursuant to Section 7(c) 12:00 P.M.–12:15 P.M. January 18, 2000. of the Natural Gas act (NGA), for LDRD Working Group Comment and Take notice that on November 12, authorization to construct and operate Action—Dr. Paul Fluery, LDRD 1999, National Fuel Gas Supply pipeline and compression facilities in Working Group Chairman Corporation (National Fuel) tendered for Utah, in order to increase the capacity 12:15 P.M.–12:30 P.M. filing Amendment No. 3 to the of its system, all as more fully set forth LOB Review and Comment transportation service agreement filed in the application on file with the 12:30 P.M. on August 26, 1999, in the above- Commission and open to public Adjourn referenced proceeding. inspection. This filing may be viewed This tentative agenda is subject to National Fuel states that the filing is on the web at http://www.ferc.fed.us/ change. being made in compliance with the online/htm (call 202–208–2222 for Public Participation: In keeping with Letter Order issued by the Commission assistance). procedures, members of the public are on October 27, 1999. The order directed Specifically, Questar proposes to welcome to monitor the business of the National Fuel to revise and refile its construct and operate a 24-inch Laboratory Operations Board and to non-conforming service agreement for diameter loop of an existing section of submit written comments or comment transportation service with ProGas its Main Line (M.L.) No. 40 and the during the scheduled public comment U.S.A., Inc., to reflect the elimination of entirety of its M.L. No. 41. Questar period. The teleconference meeting will certain language found in the second states that the loop, to be known as M.L. be conducted in a fashion that will, in footnote of Exhibit 1. No. 104, will extend approximately 75.6 the Co-Chairs’ judgment, facilitate the National Fuel states that in miles from Price, Utah, to the Payson, orderly conduct of business. During its compliance with that directive, National Utah, City Gate and on to an open teleconference meeting, the Fuel submits Amendment No. 3 which interconnection with Kern River Gas Laboratory Operations Board welcomes replaces Exhibit 1 to the service Transmission company (Kern River) public comment. Members of the public agreement. located near Elberta, Utah. It is will be heard in the order in which they National Fuel states that copies of the explained that the loop will be located sign up at the beginning of the meeting. filing are being mailed to all of National in Carbon, Emery, Sanpete and Utah The Board will make every effort to hear Fuel’s customers, parties on the official Counties, Utah. In addition, Questar the views of all interested parties. You service list compiled by the Secretary proposes to add 9,336 site-rated may submit written comments to Betsy and interested state commissions. horsepower of compression at Questar’s Mullins, Executive Director, Secretary of Any person desiring to protest said existing Oak Spring Compressor station, Energy Advisory Board, AB–1, US filing should file a protest with the near Price, Utah. Department of Energy, 1000 Federal Energy Regulatory Commission, Questar states that the reason for the Independence Avenue, SW, 888 First Street, NE., Washington, DC proposed construction is to expand the Washington, D.C. 20585. This notice is 20426, in accordance with Section capacity of its southern transmission

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3675 system in order to gain access to Procedure (18 CFR 385.214 or 385.211) interruptible lateral transportation increasing reserves of coal-seam gas and the Regulations under the Natural service to Duke Energy Vermillion, LLC reserves in the Price area, and to satisfy Gas Act (18 CFR 157.10). All protests (DEV) under Texas Eastern’s blanket increased transportation demand. It is filed with the Commission will be certificate issued in Docket No. CP82– asserted that M.L. Nos. 40 and 41 are considered by it in determining the 535–000, pursuant to Section 7(c) of the currently operating near maximum appropriate action to be taken but will Natural Gas Act, all as more fully set capacity. It is further asserted that the not serve to make the protestants parties forth in the request that is on file with proposed looping and compression will to the proceeding. Any person wishing the Commission and open to public add approximately 272,000 Dt to become a party to a proceeding or to inspection. This filing may be viewed equivalent of incremental capacity to participate as a party in any hearing on the web at http://www.ferc.fed.us/ Questar’s southern transmission system. therein must file a motion to intervene online/rims.htm (call 202–208–2222 for In addition to transporting gas from the in accordance with the Commission’s assistance). Price area, Questar explains that it has Rules. Texas Eastern proposes to construct, entered into an agreement with CIG Take further notice that, pursuant to own, operate, and maintain: (i) a Resources Company to transport the authority contained in, and subject measurement facility which will consist volumes delivered to Questar from to the jurisdiction conferred upon the of one 6-inch and one 10-inch ultrasonic Colorado Interstate Gas Company’s Commission by sections 7 and 15 of the meter run plus associated pipline, Uinta Basin Lateral at Natural Buttes in Natural Gas Act and the Commission’s electronic gas measurement equipment Uinta County, Utah. Rules of Practice and Procedures, a and associated instrumentation (M&R Questar states that once the proposed hearing will be held without further Station); and (ii) the Vermillion Lateral, project is placed in service, Questar will notice before the Commission or its which will consist of approximately sell a 50 percent interest to CIG Gas designee on this application if no 14.03 miles of 16-inch diameter pipeline Supply Company (Supply) and then motion to intervene is filed within the that will extend from a proposed lease back the 50 percent interest to give time required herein and if the interconnect with Midwestern Gas Questar control over the facilities. It is Commission, on its own review of the Transmission Company (Midwestern), ¥ explained that the sale/leaseback matter, finds that a grant of the to be located at milepost 2116 1+9.93 arrangement will enhance both certificate is required by the public in Vermilion County, Illinois, to the companies’ ability to meet market needs convenience and necessity. If a motion M&R Station which will be located at most efficiently. Questar explains that it for leave to intervene is timely filed, or the interconnection with the DEV Plant will retain the right to re-purchase if the Commission on its own motion at milepost 14.03 in Vermillion county, Supply’s 50 percent interest at net book believes that a formal hearing is Indiana. value. required, further notice of such hearing Texas Eastern states that the estimated The cost of the proposed construction will be duly given. cost of the Vermillion Lateral facilities is estimated at $80,850,975, including Under the procedure herein provided is approximately $13 million dollars pipeline looping and compression for, unless otherwise advised, it will be and that DEV will reimburse Texas facilities. Questar requests rolled-in rate unnecessary for Questar to appear, or be Eastern for 100% of the costs and treatment for the costs associated with represented, at the hearing. expenses associated with the the project, stating that the project is in construction and installation. accordance with the Commission’s David P. Boergers, Midwestern proposes to construct, recent policy statement issued in PL99– Secretary. own, and operate an interconnect to be 3–000. [FR Doc. 00–1581 Filed 1–21–00; 8:45 am] located at the intersection of the Questar asserts that it conducted an BILLING CODE 6717±01±M Vermillion Lateral and Midwestern’s 30- open season between December 28, inch mainline pipeline (Line No. 2100) 1998, and February 23, 1999, to located in Vermilion County, Illinois at determine market demand and asserts DEPARTMENT OF ENERGY milepost 2116¥1+9.93, which will be that the result was that Questar has constructed under Midwestern’s Part executed firm transportation service Federal Energy Regulatory 157 blanket construction certificate. contracts with three customers (CIG Commission After receipt of the authorization requested and installation of the Resources Company, Questar Gas [Texas Eastern Transmission Corporation; Company, and Texaco Natural Gas, Inc.) Docket No. CP00±67±000] facilities for which authorization is for a total of 270,000 Dt equivalent of requested herein, Texas Eastern states reserved daily capacity with contract Notice of Request Under Blanket that it will deliver up to 200 MMcfd of terms ranging from 5 to 10 years. Authorization natural gas to DEV at the DEV Plant, Any questions regarding the pursuant to a service agreement entered application may be directed to Alan K. January 18, 2000. into under Texas Eastern’s open access Allred, Manager, Regulatory Affairs and Take notice that on January 7, 2000, interruptible Rate Schedule IT–1. Texas Gas Supply Services, Questar Regulated Texas Eastern Transmission Corporation Eastern declares that the transportation Services Company, 180 East 100 South, (Texas Eastern), P.O. Box 1642, service to be rendered will have no P.O. Box 43560, Salt Lake City, Utah Houston, Texas 77251–1642, filed in effect on their peak day or annual 84145–0360, (801) 324–5768. Docket No. CP00–67–000 a request deliveries and submits that its proposal Any person desiring to be heard or to pursuant to Sections 167.205 and herein will be accomplished without make any protest with reference to said 157.208 of the Commission’s detriment or disadvantage to Texas application should on or before Regulations under the Natural Gas Act Eastern’s other customers. February 8, 2000, file with the Federal (18 CFR 157.205, 157.208) for Any person or the Commission’s staff Energy Regulatory Commission, 888 authorization to construct, own, operate, may, within 45 days after issuance of First Street, NE., Washington, DC 20426, and maintain certain facilities the instant notice by the Commission, a motion to intervene or a protest in (Vermillion Lateral) located in file pursuant to Rule 214 of the accordance with the requirements of the Vermilion County, Illinois and Commission’s Procedural Rules (18 CFR Commission’s Rules of Practice and Vermillion County, Indiana, to render 385.214) a motion to intervene or notice

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3676 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices of intervention and pursuant to Section In its filing, WREC also requested DEPARTMENT OF ENERGY 157.205 of the Regulations under the certain waivers and authorizations. In Natural Gas Act (18 CFR 157.205) a particular, WREC requested that the Federal Energy Regulatory protest to the request. If no protest is Commission grant blanket approval Commission filed within the time allowed therefor, under 18 CFR Part 34 of all future [Docket No. ER99±2667±002, et al.] the proposed activity shall be deemed to issuances of securities and assumptions be authorized effective the day after the of liabilities by WREC. On January 12, Ameren Operating Companies, et al.; time allowed for filing a protest. If a 2000, the Commission issued an Order Electric Rate and Corporate Regulation protest is filed and not withdrawn Granting Request For Waivers of Order Filings within 30 days after the time allowed Nos. 888 And 889, Addressing Requests for filing a protest, the instant request For Other Waivers And Accepting January 13, 2000. shall be treated as an application for Agreements For Filing (Order), in the Take notice that the following filings authorization pursuant to Section 7 of above-docketed proceedings. have been made with the Commission: the Natural Gas Act. The Commission’s January 12, 2000 1. Ameren Operating Companies David P. Boergers, Order granted the request for blanket [Docket No. ER99–2776–002] approval under Part 34, subject to the Secretary. Take notice that on December 17, conditions found in Ordering [FR Doc. 00–1580 Filed 1–21–00 8:45 am] 1999, Ameren Services Company Paragraphs (D), (E), and (G): BILLING CODE 6717±01±M (Ameren), on behalf of the Ameren (D) Within 30 days of the date of this Operating Companies, made a order, any person desiring to be heard compliance filing at the direction of the DEPARTMENT OF ENERGY or to protest the Commission’s blanket Commission’s order issued in the above- approval of issuances of securities or Federal Energy Regulatory captioned proceeding on December 1, assumptions of liabilities by WREC Commission 1999. should file a motion to intervene or Copies of the filing have been served [Transcontinental Gas Pipe Line protest with the Federal Energy on the Illinois Commerce Commission, Corporation; Docket No. RP99±291±000 and Regulatory Commission, 888 First the Missouri Public Service Commission RP99±291±001] Street, N.E., Washington, D.C. 20426, in and all parties to the proceeding. accordance with Rules 211 and 214 of Notice of Technical Conference Comment date: January 24, 2000, in the Commission’s Rules of Practice and accordance with Standard Paragraph E January 18, 2000. Procedure, 18 CFR 385.211 and 385.214. at the end of this notice. Take notice that in the above (E) Absent a request to be heard 2. Maine Public Service Company proceeding concerning Transcontinental within the period set forth in Ordering Gas Pipe Line Corporation’s new Part Paragraph (D) above, WREC is hereby [Docket No. ER00–1053–000] 284 liquefied natural gas (LNG) storage authorized to issue securities and Take notice that on January 11, 2000, services, a technical conference will be assume obligations and liabilities as Maine Public Service Company (MPS) held on Tuesday, February 15, 2000 at guarantor, indorser, surety or otherwise submitted pursuant to Section 205 of 10:00 am, in a room to be designated at in respect of any security of another the Federal Power Act and Part 35 of the the offices of the Federal Energy person; provided that such issue or Commission’s regulations, revisions to Regulatory Commission, 888 First assumption is for some lawful object its Open Access Transmission Tariff Street, NE, Washington, D.C. 20426. within the corporate purposes of WREC (OATT) to implement retail open access All interested parties and Staff are compatible with the public interest, and in the state of Maine, to reflect that on permitted to attend. reasonably necessary or appropriate for March 1, 2000 the Northern Maine David P. Boergers, such purposes. Independent System Administrator, Inc. (Northern Maine ISA) will begin Secretary. (G) The Commission reserves the right to modify this order to require a further operations, to modify its rate formula for [FR Doc. 00–1582 Filed 1–21–00; 8:45 am] the rates charged under the OATT, and BILLING CODE 6717±01±M showing that neither public nor private interests will be adversely affected by to make various other revisions and continued Commission approval of corrections to its OATT. MPS proposes that the revised OATT DEPARTMENT OF ENERGY WREC’s issuances of securities or assumptions of liabilities . . . rates, terms and conditions become effective March 1, 2000. Federal Energy Regulatory Notice is hereby given that the Commission Copies of this filing were served on deadline for filing motions to intervene the current customers under the OATT, [Wells Rural Electric Company; Docket No. or protests, as set forth above, is participants in Maine Public Utilities ER00±611±000 and EL00±19±000 (not February 11, 2000. Commission Docket No. 99–185, the consolidated)] Copies of the full text of the Order are Northern Maine ISA, and the state Notice of Issuance of Order available from the Commission’s Public commission within whose jurisdiction Reference Branch, 888 First Street, N.E., MPS transmits electricity under the JANUARY 18, 2000. Wells Rural Electric Washington, D.C. 20426. The Order may OATT. Company (WREC) is a Nevada rural also be viewed on the Internet at http:/ Comment date: January 31, 2000, in electric cooperative providing electrical /www.ferc.fed.us/online/rims.htm (call accordance with Standard Paragraph E service to approximately 5,300 202–208–2222 for assistance). at the end of this notice. customers in northeastern Nevada and 3. Avista Corporation Tooele County, Utah. On November 19, David P. Boergers, 1999, in Docket No. EL00–19–000, Secretary. [Docket No. ER00–1054–000] WREC filed a request for waiver of the [FR Doc. 00–1584 Filed 1–21–00; 8:45 am] Take notice that on January 11, 2000, requirements of Order Nos. 888 and 889. BILLING CODE 6717±01±M Avista Corporation (AVA), tendered for

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3677 filing with the Federal Energy producers and/or public utilities filed 10. Florida Power Corporation, Docket No. Regulatory Commission pursuant to their quarterly reports for the quarter ER00–1062–000. Section 35.12 of the Commission’s ending December 31, 1999. Regulations (18 CFR 35.12), an executed Comment date: February 2, 2000, in Take notice that on January 11, 2000, Service Agreement under AVA’s FERC accordance with Standard Paragraph E Florida Power Company (FPC) tendered Electric Tariff First Revised Volume No. at the end of this notice. for filing service agreements between 9, with PP&L Montana, LLC. 7. PJM Interconnection, L.L.C., Docket No. TXU Energy Trading Company and FPC AVA requests waiver of the prior ER00–1059–000. and Merchant Energy Group of the notice requirement and requests that the Americas, Inc. and FPC under FPC’s Service Agreement be accepted for filing Take notice that on January 11, 2000, Market-Based Wholesale Power Sales and made effective December 21, 1999. (PJM), tendered for filing three executed tariff (MR–1), FERC Electric Tariff, The filing has been served upon the umbrella service agreements for network Original Volume Number 8. This tariff integration transmission service under following: Ms. Michelle Palmer, PP&L was accepted for filing by the state required retail access programs. Montana, LLC, 45 Basin Creek Road, Commission on June 26, 1997, in Docket The agreements are with ACN Energy, Butte, MT 59701. No. ER97–2846–000. Comment date: January 31, 2000, in Inc., KeySpan Energy Services, Inc., and accordance with Standard Paragraph E Worley & Obetz, Inc. d/b/a Advanced The service agreement with Merchant at the end of this notice. Energy. Energy Group of the Americas, Inc. is Copies of this filing were served upon proposed to be effective December 29, 4. Avista Corporation the parties to the service agreements and 1999 and the service agreement with [Docket No. ER00–1055–000] the state commissions within the PJM TXU Energy Trading Company is Take notice that on January 11, 2000, control area. proposed to be effective January 6, 2000. Avista Corporation (AVA), tendered for Comment date: January 31, 2000, in Comment date: January 31, 2000, in filing with the Federal Energy accordance with Standard Paragraph E accordance with Standard Paragraph E Regulatory Commission pursuant to at the end of this notice. at the end of this notice. Section 35.12 of the Commission’s 8. AmerGen Energy Company, L.L.C., Regulations (18 CFR 35.12), an executed Docket No. ER00–1060–000. 11. Virginia Electric and Power Company, Service Agreement under AVA’s FERC Docket No. ER00–1063–000. Take notice on January 11, 2000, Electric Tariff First Revised Volume No. AmerGen Energy Company, L.L.C. Take notice that on January 11, 2000, 10, with PP&L Montana, LLC. AVA requests waiver of the prior tendered for filing a Service Agreement Virginia Electric and Power Company notice requirement and requests that the with Dynegy Power Marketing, Inc. (Virginia Power) tendered on filing an Service Agreement be accepted for filing under its FERC Electric Tariff Original Assignment and Assumption Agreement effective December 21, 1999. Volume No. 1. entered into by and among Strategic The filing has been served upon the AmerGen is requesting an effective Energy, Ltd. (Assignor), Strategic following: Ms. Michelle Palmer, PP&L date of December 15, 1999 for the Energy, LLC (Assignee) and Virginia Montana, LLC, 45 Basin Creek Road, Service Agreement. Electric and Power Company (Virginia Comment date: January 31, 2000, in Butte, MT 59701. Power). Under this assignment, the accordance with Standard Paragraph E Comment date: January 31, 2000, in Assignor assigns to the Assignee and the accordance with Standard Paragraph E at the end of this notice. Assignee assumes all of the Assignor’s at the end of this notice. 9. MidAmerican Energy Company, Docket rights and obligations pertaining to its 5. Avista Corporation No. ER00–1061–000. Service Agreements with Virginia Power [Docket No. ER00–1056–000] Take notice that on January 11, 2000, dated October 7, 1998 and accepted by Take notice that on January 11, 2000, MidAmerican Energy Company Letter Order of the Commission on Avista Corporation (AVA), tendered for (MidAmerican), 666 Grand Avenue, December 29, 1999 under Docket No. filing with the Federal Energy 2900 Ruan Center, Des Moines, Iowa ER99–494–00 and ER99–495–000. 50309 tendered for filing proposed Regulatory Commission pursuant to Virginia Power requests an effective Section 35.12 of the Commission’s changes to its Open Access Transmission Tariff (OATT). The date of the assignment of December 31, Regulations (18 CFR 35.12), an executed 1999. Mutual Netting/Settlement with British changes are for the purpose of updating Copies of this filing were served upon Columbia Power Exchange Corporation, the Index of Point-to-Point Strategic Energy LLC, the Virginia state (Powerex), effective January 1, 2000. Transmission Service Customers and The filing has been served upon the the Index of Network Integration Corporation Commission and the North following: Mr. David Wong, Credit Risk Tranmission Service Customers. Carolina Utilities Commission. Manager, British Columbia Power MidAmerican proposes that the rate Comment date: January 31, 2000, in Exchange Corporation, Suite 1400, 666 schedule changes become effective on accordance with Standard Paragraph E Burrard Street, Vancouver, BC, Canada January 13, 2000 and requests a waiver at the end of this notice. V6C 2X8. of the Commissions notice Comment date: January 31, 2000, in requirements. 12. Portland General Electric Company, accordance with Standard Paragraph E The proposed rate schedule changes Docket No. ER00–1065–000. have been mailed to all Transmission at the end of this notice. Take notice that on January 11, 2000, Customers having service agreements Portland General Electric Company 6. Atlantic City Electric Company; under the OATT, the Iowa Utilities (PGE) tendered for filing an Amendment Delmarva Power & Light Company; Board and the Illinois Commission, the Otter Tail Power Company South Dakota Public Service No. 2 to the Power Sales Agreement [Docket Nos. ER00–1057–000; ER00–1058– Commission. between PGE and the Canby Utility 000; ER00–1064–000] Comment date: January 31, 2000, in Board (PGE Rate Schedule FERC No. Take notice that on January 11, 2000, accordance with Standard Paragraph E 192). The Amendment changes the the above-mentioned affiliated power at the end of this notice.

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3678 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices termination date of the original 16. Louisville Gas and Electric Comment date: January 31, 2000, in agreement. Company and Kentucky Utilities accordance with Standard Paragraph E PGE respectfully requests the Company at the end of this notice. Commission grant a waiver of the notice [Docket No. ER00–1069–000] 20. Louisville Gas and Electric requirements of 18 CFR 35.3 to allow Take notice that on January 11, 2000 Company and Kentucky Utilities Amendment No. 2 to PGE Rate Schedule Louisville Gas and Electric Company Company FERC No. 192 to become effective (LG&E) and Kentucky Utilities (KU) [Docket No. ER00–1073–000] January 12, 2000. (hereinafter Companies) tendered for Copies of this filing were served upon filing an executed Firm Point-to-Point Take notice that on January 11, 2000 the names listed in the filing letter. Transmission Service Agreement Louisville Gas and Electric Company (LG&E) and Kentucky Utilities (KU) Comment date: January 31, 2000, in between the Companies and LGE Dispatch and Trading under the (hereinafter Companies) tendered for accordance with Standard Paragraph E filing an executed Firm Point-to-Point at the end of this notice. Companies Open Access Transmission Tariff. Transmission Service Agreement 13. PP&L, Inc., Docket No. ER00–1066–000. Comment date: January 31, 2000, in between the Companies and LGE Dispatch and Trading under the Take Notice that on January 11, 2000, accordance with Standard Paragraph E at the end of this notice. Companies Open Access Transmission PP&L, Inc. (PP&L) filed a Service Tariff. Agreement dated January 5, 2000 with 17. Louisville Gas and Electric Comment date: January 31, 2000, in The Energy Authority (EA) under Company and Kentucky Utilities accordance with Standard Paragraph E PP&L’s Market-Based Rate and Resale of Company at the end of this notice. Transmission Rights Tariff, FERC [Docket No. ER00–1070–000] Electric Tariff, Revised Volume No. 5. 21. Louisville Gas and Electric The Service Agreement adds EA as an Take notice that on January 11, 2000 Company and Kentucky Utilities eligible customer under the Tariff. Louisville Gas and Electric Company Company (LG&E) and Kentucky Utilities (KU) PP&L requests an effective date of (hereinafter Companies) tendered for [Docket No. ER00–1074–000] January 5, 2000 for the Service filing an executed Firm Point-to-Point Take notice that on January 11, 2000 Agreement. Transmission Service Agreement Louisville Gas and Electric Company PP&L states that copies of this filing between the Companies and LGE (LG&E) and Kentucky Utilities (KU) have been supplied to EA and the Dispatch and Trading under the (hereinafter Companies) tendered for Pennsylvania Public Utility Companies Open Access Transmission filing an executed Firm Point-to-Point Commission. Tariff. Transmission Service Agreement Comment date: January 31, 2000, in Comment date: January 31, 2000, in between the Companies and LGE accordance with Standard Paragraph E accordance with Standard Paragraph E Dispatch and Trading under the at the end of this notice. at the end of this notice. Companies Open Access Transmission Tariff. 14. Louisville Gas and Electric Company 18. Louisville Gas and Electric Comment date: January 31, 2000, in and Kentucky Utilities Company, Docket No. Company and Kentucky Utilities accordance with Standard Paragraph E ER00–1067–000. Company at the end of this notice. [Docket No. ER00–1071–000] Take notice that on January 11, 2000 22. Wisvest-Connecticut, LLC Louisville Gas and Electric Company Take notice that on January 11, 2000 (LG&E) and Kentucky Utilities (KU) Louisville Gas and Electric Company [Docket No. ER00–1078–000] (hereinafter Companies) tendered for (LG&E) and Kentucky Utilities (KU) Take notice that on January 12, 2000 filing fully executed Netting Agreements (hereinafter Companies) tendered for Wisvest-Connecticut, LLC filed their between the Companies and Illinova filing an executed Firm Point-to-Point quarterly report for the quarter ending Power Marketing, Inc. Transmission Service Agreement December 31, 1999. Comment date: January 31, 2000, in between the Companies and LGE Comment date: February 2, 2000, in accordance with Standard Paragraph E Dispatch and Trading under the accordance with Standard Paragraph E at the end of this notice. Companies Open Access Transmission at the end of this notice. Tariff. 15. Louisville Gas and Electric Comment date: January 31, 2000, in Standard Paragraphs Company and Kentucky Utilities accordance with Standard Paragraph E E. Any person desiring to be heard or Company at the end of this notice. to protest such filing should file a motion to intervene or protest with the [Docket No. ER00–1068–000] 19. Louisville Gas and Electric Federal Energy Regulatory Commission, Company and Kentucky Utilities Take notice that on January 11, 2000 888 First Street, N.E., Washington, D.C. Company Louisville Gas and Electric Company 20426, in accordance with Rules 211 (LG&E) and Kentucky Utilities (KU) [Docket No. ER00–1072–000] and 214 of the Commission’s Rules of (hereinafter Companies) tendered for Take notice that on January 11, 2000 Practice and Procedure (18 CFR 385.211 filing an executed Firm Point-to-Point Louisville Gas and Electric Company and 385.214). All such motions or Transmission Service Agreement (LG&E) and Kentucky Utilities (KU) protests should be filed on or before the between the Companies and Cinergy (hereinafter Companies) tendered for comment date. Protests will be Operating Companies under the filing an executed Firm Point-to-Point considered by the Commission in Companies Open Access Transmission Transmission Service Agreement determining the appropriate action to be Tariff. between the Companies and LGE taken, but will not serve to make Comment date: January 31, 2000, in Dispatch and Trading under the protestants parties to the proceeding. accordance with Standard Paragraph E Companies Open Access Transmission Any person wishing to become a party at the end of this notice. Tariff. must file a motion to intervene. Copies

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3679 of these filings are on file with the 5. Energy Atlantic, LLC 9. New York State Electric & Gas Commission and are available for public [Docket No. ER98–4381–005] Corporation inspection. This filing may also be [Docket No. ER00–1076–000] viewed on the Internet at http:// Take notice that on January 12, 2000, www.ferc.fed.us/online/rims.htm (call Energy Atlantic, LLC filed their Take notice that on January 12, 2000, 202–208–2222 for assistance). quarterly report for the quarter ending New York State Electric & Gas December 31, 1999, for information Corporation (NYSEG) tendered for filing David P. Boergers, only. pursuant to Section 205 of the Federal Secretary. Power Act and Section 35.13 of the 6. Energy West Resources [FR Doc. 00–1579 Filed 1–21–00 8:45 am] Federal Energy Regulatory BILLING CODE 6717±01±M [Docket No. ER99–874–000] Commission’s (FERC or Commission) Take notice that on January 12, 2000, Regulations, a request for modification Energy West Resources, Inc., tendered of its tax factor applicable to service DEPARTMENT OF ENERGY for filings its amended petition to the rendered under Schedules 7 and 8 and Commission for acceptance of EWR Rate Attachment H of NYSEG’s OATT. Federal Energy Regulatory Schedule FERC No. 1; the granting of NYSEG requests waiver of the Commission certain blanket approvals, including the Commission’s sixty day notice [Docket No. ER94±1188±031, et al.] authority to sell electricity at market- requirement and an effective date of based rates; and the waiver of certain February 1, 2000, for the new tax factor. LG&E Energy Marketing Inc., et al.; Commission Regulations. NYSEG has served copies of the filing Electric Rate and Corporate Regulation EWR intends to engage in wholesale upon each OATT customer on the Filings electric power and energy purchases attached service list and the PSC. and sales as a marketer. EWR is not in Comment date: February 1, 2000, in January 14, 2000. the business of generating or accordance with Standard Paragraph E Take notice that the following filings transmitting electric power. EWR is a at the end of this notice. have been made with the Commission: wholly owned subsidiary of EWI which 10. FPL Energy Power Marketing Inc. 1. LG&E Energy Marketing Inc.; Energy owns and operates natural gas and Atlantic, LLC; Dynergy Power Services, propane distribution facilities. [Docket No. ER00–1077–000] Inc.; DC Tie, Inc.; Rainbow Energy Comment date: February 1, 2000, in Take notice that on January 12, 2000, Marketing Corporation accordance with Standard Paragraph E FPL Energy Power Marketing, Inc. at the end of this notice. (FPLEPM) tendered for filing [Docket Nos. ER94–1188–031; ER98–4381– Amendment No. 1 to the Transitional 005; ER94–1612–024; ER91–435–032; ER94– 7. NJR Energy Services Company; MAC Power Sales Agreement, System Sale of 1061–023] Power Marketing, L.L.C. Take notice that on January 12, 2000, Energy, Capacity and Related Services the above-mentioned power marketers [Docket Nos. ER99–2384–003; ER98–575– [Fossil] between FPLEPM and Central 005] filed quarterly reports with the Maine Power Company. Commission in the above-mentioned Take notice that on January 11, 2000, FPLEPM requests an effective date of proceedings for information only. the above-mentioned power marketers January 1, 2000. filed quarterly reports with the Comment date: February 1, 2000, in 2. Enova Energy, Inc.; Aurora Power Commission in the above-mentioned accordance with Standard Paragraph E Resources; PS Energy Group, Inc.; proceedings for information only. at the end of this notice. Golden Valley Power Company; The Mack Services Group 8. MidAmerican Energy Company 11. West Texas Utilities Company [Docket Nos. ER96–2372–017; ER98–573– [Docket No. ER00–1075–000] [Docket No. ER00–1079–000] 004; ER99–1876–003; ER98–4334–005; Take notice that on January 12, 2000, Take notice that on January 12, 2000, ER99–1750–004] MidAmerican Energy Company West Texas Utilities Company (WTU) Take notice that on January 13, 2000, (MidAmerican), 666 Grand Avenue, filed a new Facility Schedule to its the above-mentioned power marketers 2900 Ruan Center, Des Moines, Iowa Interconnection Agreement with Brazos filed quarterly reports with the 50309 tendered for filing proposed Electric Power Cooperative, Inc. Commission in the above-mentioned changes to its Open Access (Brazos) to establish a new point of proceedings for information only. Transmission Tariff (OATT). The interconnection between WTU and changes are for the purpose of Brazos. 3. Northwest Natural Gas Company accommodating retail open access in WTU seeks an effective date of [Docket No. ER97–683–006] Illinois where MidAmerican operates as January 13, 2000 and, accordingly, seeks Take notice that on January 10, 2000, a public utility providing electric waiver of the Commission’s notice Northwest Natural Gas Company filed delivery service. requirements. their quarterly report for the quarter MidAmerican proposes that the rate Copies of the filing have been served ending December 31, 1999 for schedule change become effective on on Brazos and the Public Utility information only. April 1, 2000. Commission of Texas. The proposed rate schedule changes Comment date: February 1, 2000, in 4. GPU Advanced Resources, Inc.; have been mailed to all Transmission accordance with Standard Paragraph E Fortistar Power Marketing LLC Customers having service agreements at the end of this notice. [Docket Nos. ER97–3666–012; ER97–3666– under the OATT, the Iowa Utilities 12. California Independent System 013; ER98–3393–005] Board and the Illinois Commission, the Operator Corporation Take notice that on January 13, 2000, South Dakota Public Service the above-mentioned power marketers Commission. [Docket No. ER00–1080–000] filed quarterly reports with the Comment date: February 1, 2000, in Take notice that on January 12, 2000, Commission in the above-mentioned accordance with Standard Paragraph E the California Independent System proceedings for information only. at the end of this notice. Operator Corporation (ISO), tendered for

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3680 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices filing a Participating Generator motion to intervene or protest with the ADDRESSES: Interested persons may Agreement between the ISO and San Federal Energy Regulatory Commission, obtain a copy of this ICR without charge Joaquin Cogen Limited for acceptance 888 First Street, NE., Washington, DC by contacting Ash Sajjad, NPDES by the Commission. 20426, in accordance with Rules 211 Branch, Water Division (WN–16J), U.S. The ISO states that this filing has been and 214 of the Commission’s Rules of Environmental Protection Agency, served on San Joaquin Cogen Limited Practice and Procedure (18 CFR 385.211 Region 5, 77 West Jackson Boulevard, and the California Public Utilities and 385.214). All such motions or Chicago, Illinois 60604, telephone Commission. protests should be filed on or before the number (312) 886–6112, E-mail address The ISO is requesting waiver of the comment date. Protests will be ‘‘[email protected]’’. 60-day notice requirement to allow the considered by the Commission in FOR FURTHER INFORMATION CONTACT: Ash Participating Generator Agreement to be determining the appropriate action to be Sajjad, telephone number (312) 886– made effective January 6, 2000. taken, but will not serve to make 6112, facsimile number (312) 886–7804, Comment date: February 1, 2000, in protestants parties to the proceeding. E-mail address ‘‘[email protected]’. accordance with Standard Paragraph E Any person wishing to become a party SUPPLEMENTARY INFORMATION: at the end of this notice. must file a motion to intervene. Copies Affected entities: Entities potentially 13. Platte-Clay Electric Cooperative, of these filings are on file with the affected by this action are 25 of the 33 Inc. Commission and are available for public POTWs that generated analytically inspection. This filing may also be [Docket No. ER00–1081–000] detectable concentration of viewed on the Internet at http:// polychlorinated biphenyls (PCBs) in Take notice that on January 12, 2000, www.ferc.fed.us/online/rims.htm (call their biosolids reported in the 1988 Platte-Clay Electric Cooperative Inc. 202–208–2222 for assistance). NSSS. (Platte-Clay) submitted for filing an Title: Survey Of The Existing agreement for the Interchange of Electric David P. Boergers, Concentration Of Analytically Power and Energy Between Platt-Clay Secretary. Detectable Congeners Of Electric Cooperative Inc. and the City of [FR Doc. 00–1578 Filed 1–21–00; 8:45 am] Polychlorinated Biphenyls, Dioxins, and Cameron, Missouri and various Border BILLING CODE 6717±01±M Furans In Biosolids Generated By Customer Agreements Between Platte- POTWs Under The National Biosolids Clay Electric Cooperative Inc. and Program (40 CFR part 503) (EPA ICR Missouri Public Service, a Division of ENVIRONMENTAL PROTECTION Number 1930.01). Utilicorp United, Inc. pursuant to § 205 AGENCY Abstract: EPA plans to conduct a of the Federal Power Act (FPA), 16 survey of biosolids generated by a [FRL±6527±6] U.S.C. § 824d, and section 35.12 of the randomly selected subgroup of up to Federal Energy Regulatory twenty five POTWs from the thirty three Commission’s (Commission) Agency Information Collection Activities: Proposed Collection; POTWs which tested positive for PCBs Regulations (18 CFR 35.12). and reported in the 1988 NSSS. Because Platte-Clay’s filing is available for Comment Request; Information the management of the biosolids public inspection at its offices in Collection Request for the Existing program is the responsibility of the Kearney, Missouri. Concentration of Analytically Platte-Clay requests an effective date Detectable Congeners of Office of Wastewater Management of January 18, 2000. Polychlorinated Biphenyls, Dioxins, (OWM) in the Office of Water (OW), Comment date: February 1, 2000, in And Furans In Biosolids Generated By Environmental Protection Agency accordance with Standard Paragraph E Publicly Owned Treatment Works (EPA), and the Clean Water Act requires at the end of this notice. (POTWs) Under the National Biosolids EPA to periodically review the Program regulations for the purpose of 14. Avista Corporation identifying additional toxic pollutants [Docket No. ER00–1082–000] AGENCY: Environmental Protection and promulgating regulations. The Agency (EPA). Take notice that on January 13, 2000, OWM designated Region 5, Avista Corporation (AVA) tendered for ACTION: Notice. headquartered in Chicago, Illinois, to filing with the Federal Energy conduct this survey to assess the SUMMARY: In compliance with the existing concentration of these Regulatory Commission, pursuant to Paperwork Reduction Act (44 U.S.C. Section 35.12 of the Commission’s pollutants in biosolids generated by 3501 et seq.), this document announces POTWs. The specific purpose of this Regulations (18 CFR 35.12), an executed that EPA is planning to submit the Mutual Netting Agreement with the survey is to evaluate the need to following proposed Information develop regulations, policies, and Public Service Company of Colorado. Collection Request (ICR) to the Office of AVA requests an effective date of guidance to control these pollutants in Management and Budget (OMB): January 1, 2000. the environment. The USEPA will The filing has been served on the Information Collection Request for the contract the sampling, chemical analysis following: Mr. Cary Oswald, Credit existing concentration of analytically of biosolids, and interpretation and Analysis Manager, Public Analysis detectable congeners of Polychlorinated reporting of analytical data to a contract Manager, Public Service Company of Biphenyls, Dioxins, Furans, in Biosolids laboratory selected through an open Colorado, 1099 18th Street, Suite 3000, generated by POTWs under the National bidding process. The contract laboratory Denver, CO 80202. Biosolids Program (40 CFR part 503), will be collecting representative grab Comment date: February 2, 2000, in EPA ICR 1930.01. Before submitting the samples of biosolids at suitable accordance with Standard Paragraph E ICR to OMB for review and approval, locations at the selected POTWs, and at the end of this notice. EPA is soliciting comments on specific will measure the analytically detectable aspects of the proposed information concentrations of the congeners of PCBs, Standard Paragraphs collection as described below. dioxins, and furans using EPA Methods E. Any person desiring to be heard or DATES: Comments must be submitted on No. 1668 for PCBs, and Method No.1613 to protest such filing should file a or before March 24, 2000. for dioxins and furans.

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3681

An agency may not conduct or information; and transmit or otherwise NW, Washington, DC 20004. The sponsor, and a person is not required to disclose the information. building entrance is adjacent to the respond to, a collection of information Dated: January 12, 2000. Federal Triangle Metro Stop on 12th unless it displays a currently valid OMB Jo Lynn Traub, Street. For directions and further control number. The OMB control information concerning the meeting, Director, Water Division, Region 5. numbers for EPA’s regulations are listed please contact the individuals given in 40 CFR part 9 and 48 CFR Chapter [FR Doc. 00–1556 Filed 1–21–00; 8:45 am] below. The public is welcome to attend 15. BILLING CODE 6560±50±P the meeting physically or through a The EPA would like to solicit telephonic link. comments to: (i) Evaluate whether the proposed ENVIRONMENTAL PROTECTION Purpose of the Meeting collection of information is necessary AGENCY The purpose of this meeting is to plan for the proper performance of the [FRL±6528±2] for ‘‘Phase 2 of the Review of EPA’s Peer functions of the agency, including Review Program: Effectiveness whether the information will have Science Advisory Board; Public Evaluation.’’ practical utility; Advisory Committee Meetings (ii) evaluate the accuracy of the Proposed Charge agency’s estimate of the burden of the Pursuant to the Federal Advisory The Subcommittee has tasked itself to proposed collection of information, Committee Act, Public Law 92–463, develop specific guidance for the including the validity of the notice is hereby given that two subsequent SAB evaluation of how peer methodology and assumptions used; committees of the Science Advisory reviews are conducted by the Agency (iii) enhance the quality, utility, and Board will hold public teleconference Programs and Regions using specific clarity of the information to be meetings on the dates and times noted case studies. The Committee will work collected; and below. All times noted are Eastern to develop (a) an overall strategy for the (iv) minimize the burden of the Time. All meetings are open to the review, (b) criteria for the selection of collection of information on those who public, however, seating and projects to review, and (c) options for are to respond, including through the teleconference lines are limited and how the review might be conducted, use of appropriate automated electronic, available on a first-come basis. together with a recommended approach mechanical, or other technological 1. Integrated Risk Project (IRP) Peer for consideration by the SAB’s collection techniques or other forms of Executive Committee. information technology, e.g., permitting Review Subcommittee electronic submission of responses. The Integrated Risk Project (IRP) Peer For Further Information Concerning the Burden Statement: The information Review Subcommittee of the Science Meetings collection will involve an estimated 25 Advisory Board will meet Tuesday Members of the public desiring respondents at a cost of $1617 to those February 15, 2000 from 3:00 to 5:00 pm. additional information about either respondents. The total annual cost to The meeting will be coordinated meeting should contact Dr. John R. both respondents and government through a conference call connection Fowle III, Deputy Staff Director and including the laboratory contract is located in Room 6013 of the Ariel Rios Designated Federal Officer (DFO), estimated at $38, 839. The annual Building at the U.S. Environmental Science Advisory Board (1400A), U.S. number of responses are expected to be Protection Agency (EPA) located at 1200 EPA, Ariel Rios Building, 1200 25 or one response per respondent. The Pennsylvania Avenue, NW, Washington, Pennsylvania Avenue, NW, Washington, time required for a response ranges from DC 20004. The building entrance is DC 20460; telephone/voice mail at (202) 1 hour to 3 hours, with an average adjacent to the Federal Triangle Metro 564–4547; fax at (202) 501–0323; or via response time of 2 hours. An estimated Stop on 12th Street. For directions and e-mail at [email protected] or Ms. 25 respondents are required to keep further information concerning the Wanda Fields, Management Assistant; records at an average annual burden of meeting, please contact the individuals telephone/voice mail at (202) 564–4539; 15 minutes per record keeper. The given below. The public is welcome to fax at (202) 501–0256; or via email at biosolids survey will entail 6.3 hours of attend the meeting physically or [email protected]. A copy of the recordkeeping, 5 hours for government through a telephonic link. draft agenda and copies of the as users of the data, for a total of 11.3 background material will be available Purpose of the Meeting burden hours. approximately two weeks prior to the Burden means the total time, effort, or At this meeting the Integrated Risk meeting on the SAB website financial resources expended by persons Project Subcommittee will review the (www.epa.gov/sab) or from Ms. Wanda to generate, maintain, retain, or disclose report of the Integrated Risk Project: Fields at the fax or address noted above. or provide information to or for a Towards Integrated Environmental Additional instructions about how to Federal agency. This includes the time Decision-Making. participate in either conference call can needed to review instructions; develop, be obtained from Ms. Fields. acquire, install, and utilize technology 2. Research Strategies Advisory and systems for the purposes of Committee (RSAC) Making Oral Presentations During the collecting, validating, and verifying The Research Strategies Advisory Meetings information, processing and Committee (RSAC) of the Science Members of the public who wish to maintaining information, and disclosing Advisory Board (SAB) will meet make a brief oral presentation at either and providing information; adjust the Wednesday, February 16, 2000 from meeting must contact Dr. Fowle in existing ways to comply with any 12:00 am to 2:00 pm. The meeting will writing (by email, by letter or by fax— previously applicable instructions and be coordinated through a conference see previously stated information) no requirements; train personnel to be able call connection located in Room 6013 of later than 12 noon Eastern Time, to respond to a collection of the Ariel Rios Building at the U.S. Thursday, February 10, 2000 in order to information; search data sources; Environmental Protection Agency (EPA) be included on the Agenda. Public complete and review the collection of located at 1200 Pennsylvania Avenue, comments will be limited to three

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3682 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices minutes per speaker or organization. Pennsylvania Ave., NW., Washington, for inspection in the Public Information The request should identify the name of DC 20460; telephone number: (703) and Records Integrity Branch (PIRIB), the individual making the presentation, 305–5306; fax number: (703) 308–1850; Rm. 119, Crystal Mall #2, 1921 Jefferson the organization (if any) they will e-mail address: [email protected]. Davis Hwy., Arlington, VA, from 8:30 represent, any requirements for audio SUPPLEMENTARY INFORMATION: a.m. to 4 p.m., Monday through Friday, visual equipment (e.g., overhead excluding legal holidays. The PIRIB projector, 35mm projector, chalkboard, I. Does this Action Apply to Me? telephone number is (703) 305–5805. etc), and at least 35 copies of an outline This action is directed to the public III. Purpose of Meeting of the issues to be addressed or of the in general, but all parties interested in presentation itself. SFIREG’s information exchange Tentative Agenda: Additional information concerning relationship with EPA regarding 1. Working committee issues and the Science Advisory Board, its important issues related to human updates. structure, function, and composition, health, environmental exposure to 2. Update on pesticide field data plan. may be found on the SAB Website pesticides, and insight into the EPA’s 3. Update on Total Maximum Daily (http://www.epa.gov/sab) and in the decision-making process are invited and Load & National Pollution Discharge Annual Report of the Staff Director encouraged to attend the meetings and Elimination System Draft Straw which is available from the SAB participate as appropriate. Proposal. Publications Staff at (202) 564–4533 or II. How Can I Get Additional 4. Office of Research and via fax at (202) 501–0256. Information, Including Copies of this Developments grant to study ‘‘The Dated: January 13, 2000. Document and Other Related Impact of Lawn Care Practices on Donald G. Barnes, PhD, Documents? Aquatic Ecosystems in Suburban Staff Director, Science Advisory Board. Watersheds.’’ 1. Electronically. You may obtain 5. Update on Pesticides in Ground [FR Doc. 00–1560 Filed 1–21–00; 8:45 am] electronic copies of the minutes, and Water and Surface Water Data bases. BILLING CODE 6560±50±P certain other related documents that 6. Working committee discussion on might be available electronically, from survey on aquatic pesticides and the EPA Internet Home Page at http:// National Pollution Discharge ENVIRONMENTAL PROTECTION www.epa.gov/. To access this Elimination System permitting. AGENCY document, on the Home Page select 7. Florida State University grant to [OPP±00639; FRL±6488±2] ‘‘Laws and Regulations’’ and then look develop Indicators. up the entry for this document under 8. Updates from the Office of State FIFRA Issues Research and the ‘‘Federal Register–Environmental Pesticide Programs and the Office of Evaluation Group (SFIREG) Water Documents.’’ You can also go directly to Enforcement and Compliance Quality and Pesticide Disposal the Federal Register listings at http:// Assurance. Working Committee; Notice of Public www.epa.gov/fedrgstr/. You may also 9. Other topics as appropriate. Meeting obtain electronic copies of the minutes, List of Subjects and certain other related documents that ACTION: Notice of public meeting. might be available electronically, from Environmental protection, the Association of American Pesticide SUMMARY: The SFIREG Water Quality Dated: January 14, 2000. and Pesticide Disposal Working Control Officials (AAPCO) Internet Jay Ellenberger, Committee will hold a 2-day meeting, Home Page at http:// Director, Field and External Affairs Division, aapco.ceris.purdue.edu/doc/index.html. beginning on February 7, 2000 and Office of Pesticide Programs. To access this document, on the Home ending on February 8, 2000. This notice [FR Doc. 00–1547 Filed 1–21–00; 8:45 am] Page select ‘‘SFIREG’’ and then look up announces the location and times for BILLING CODE 6560±50±F the entry for this document under the the meeting and sets forth the tentative ‘‘SFIREG Meetings.’’ agenda topics. 2. In person. The Agency has ENVIRONMENTAL PROTECTION DATES: The State FIFRA Issues Research established an administrative record for AGENCY and Evaluation Group (SFIREG) will this meeting under docket control meet on Monday, February 7, 2000 from number OPP–00639. The administrative [PF±909; FRL±6399±6] 8:30 a.m. to 4:00 p.m. and on Tuesday, record consists of the documents Notice of Filing Pesticide Petitions to February 8, 2000 from 8:30 a.m. to 12:00 specifically referenced in this notice, Establish a Tolerance for Certain noon. There will be a CLOSED SESSION any public comments received during Pesticide Chemicals in or on Food (Open Only to EPA and State Lead an applicable comment period, and Agencies) on Monday, February 7, 2000 other information related to the State AGENCY: Environmental Protection from 4:00 p.m.–5:00 p.m. FIFRA Issues Research and Evaluation Agency (EPA). ADDRESSES: The meeting will be held at Group (SFIREG) Water Quality and ACTION: Notice. The Doubletree Hotel, 300 Army Navy Pesticide Disposal Working Committee, Drive, Arlington-Crystal City, VA 22202. including any information claimed as SUMMARY: This notice announces the FOR FURTHER INFORMATION CONTACT: Confidential Business Information (CBI). initial filing of pesticide petitions Philip H. Gray, SFIREG Executive This administrative record includes the proposing the establishment of Secretary, P. O. Box 1249, Hardwick, VT documents that are physically located in regulations for residues of certain 05843–1249; (802) 472–6956; fax: (802) the docket, as well as the documents pesticide chemicals in or on various 472–6957; e-mail address: that are referenced in those documents. food commodities. [email protected] or Elaine The public version of the administrative DATES: Comments, identified by docket Y. Lyon, Field and External Affairs record, which includes printed, paper control number PF–909, must be Division (7506C), Office of Pesticide versions of any electronic comments received on or before February 23, 2000. Programs, Environmental Protection that may be submitted during an ADDRESSES: Comments may be Agency, Ariel Rios Building, 1200 applicable comment period, is available submitted by mail, electronically, or in

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

Shaja R. Brothers..... Rm. 284, CM 2, 703±308±3194, e-mail: broth- 1921 Jefferson Davis Hwy, PP 9E6025 ers.shajaepamail.epa.gov. Arlington, VA James A. Tompkins Rm. 239, CM 2, 703±305±5697, e-mail: tomp- Do. PP 5F4505; PP (PM 25). kins.jamesepamail.epa.gov. 6F4791

SUPPLEMENTARY INFORMATION: 2. In person. The Agency has Arlington, VA. The PIRIB is open from established an official record for this 8:30 a.m. to 4 p.m., Monday through I. General Information action under docket control number PF– Friday, excluding legal holidays. The A. Does this Action Apply to Me? 909. The official record consists of the PIRIB telephone number is (703) 305– documents specifically referenced in 5805. You may be affected by this action if this action, any public comments 3. Electronically. You may submit you are an agricultural producer, food received during an applicable comment your comments electronically by e-mail manufacturer or pesticide manufacturer. period, and other information related to to: ‘‘[email protected] ,’’ or you can Potentially affected categories and this action, including any information submit a computer disk as described entities may include, but are not limited claimed as confidential business above. Do not submit any information to: information (CBI). This official record electronically that you consider to be includes the documents that are CBI. Avoid the use of special characters physically located in the docket, as well and any form of encryption. Electronic Cat- NAICS Examples of poten- as the documents that are referenced in submissions will be accepted in egories codes tially affected entities those documents. The public version of Wordperfect 6.1/8.0 or ASCII file the official record does not include any format. All comments in electronic form Industry 111 Crop production information claimed as CBI. The public must be identified by docket control 112 Animal production version of the official record, which number PF–909. Electronic comments 311 Food manufacturing includes printed, paper versions of any may also be filed online at many Federal 32532 Pesticide manufac- electronic comments submitted during Depository Libraries. turing an applicable comment period, is D. How Should I Handle CBI That I available for inspection in the Public Want to Submit to the Agency? This listing is not intended to be Information and Records Integrity exhaustive, but rather provides a guide Branch (PIRIB), Rm. 119, Crystal Mall 2, Do not submit any information for readers regarding entities likely to be 1921 Jefferson Davis Highway, electronically that you consider to be affected by this action. Other types of Arlington, VA, from 8:30 a.m. to 4 p.m., CBI. You may claim information that entities not listed in the table could also Monday through Friday, excluding legal you submit to EPA in response to this be affected. The North American holidays. The PIRIB telephone number document as CBI by marking any part or Industrial Classification System is (703) 305–5805. all of that information as CBI. (NAICS) codes have been provided to Information so marked will not be assist you and others in determining C. How and to Whom Do I Submit disclosed except in accordance with whether or not this action might apply Comments? procedures set forth in 40 CFR part 2. to certain entities. If you have questions You may submit comments through In addition to one complete version of regarding the applicability of this action the mail, in person, or electronically. To the comment that includes any to a particular entity, consult the person ensure proper receipt by EPA, it is information claimed as CBI, a copy of listed under ‘‘FOR FURTHER imperative that you identify docket the comment that does not contain the INFORMATION CONTACT.’’ control number PF–909 in the subject information claimed as CBI must be B. How Can I Get Additional line on the first page of your response. submitted for inclusion in the public Information, Including Copies of this 1. By mail. Submit your comments to: version of the official record. Document and Other Related Public Information and Records Information not marked confidential Documents? Integrity Branch (PIRIB), Information will be included in the public version Resources and Services Division of the official record without prior 1. Electronically. You may obtain (7502C), Office of Pesticide Programs notice. If you have any questions about electronic copies of this document, and (OPP), Environmental Protection CBI or the procedures for claiming CBI, certain other related documents that Agency, Ariel Rios Bldg., 1200 please consult the person identified might be available electronically, from Pennsylvania Ave., NW., Washington, under ‘‘FOR FURTHER INFORMATION the EPA Internet Home Page at http:// DC 20460. CONTACT.’’ www.epa.gov/. To access this 2. In person or by courier. Deliver document, on the Home Page select your comments to: Public Information E. What Should I Consider as I Prepare ‘‘Laws and Regulations’’ and then look and Records Integrity Branch (PIRIB), My Comments for EPA? up the entry for this document under Information Resources and Services You may find the following the ‘‘Federal Register--Environmental Division (7502C), Office of Pesticide suggestions helpful for preparing your Documents.’’ You can also go directly to Programs (OPP), Environmental comments: the Federal Register listings at http:// Protection Agency, Rm. 119, Crystal 1. Explain your views as clearly as www.epa.gov/fedrgstr/. Mall 2, 1921 Jefferson Davis Highway, possible

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2. Describe any assumptions that you I. Acetochlor Registration Partnership 2. Analytical method. An adequate used. enforcement method for residues of PP 5F4505 and 6F4791 3. Provide copies of any technical acetochlor in crops has been approved. EPA has received pesticide petitions information and/or data you used that Acetochlor and its metabolites are (PP 5F4505 and 6F4791) from support your views. hydrolyzed to either EMA or to HEMA Acetochlor Registration Partnership, c/o which are determined by GC-MSD and 4. If you estimate potential burden or Zeneca Ag Products, 1800 Concord Pike, expressed as acetochlor. costs, explain how you arrived at the Wilmington DE 19850 proposing, 3. Magnitude of residues. Field estimate that you provide. pursuant to section 408(d) of the Federal residue trials in field corn with 5. Provide specific examples to Food, Drug, and Cosmetic Act (FFDCA), acetochlor were conducted in 32 plots illustrate your concerns. 21 U.S.C. 346a(d), to amend 40 CFR part in 8 states. The maximum combined 6. Make sure to submit your 180 by establishing a tolerance for residues (acetochlor and metabolites) residues of acetochlor (2-chloro-2′- were 2.52 ppm in corn forage, 0.217 comments by the deadline in this ′ notice. methyl-6 -ethyl-N- ppm in corn fodder and <0.04 ppm in ethoxymethylacetanilide and it corn grain. 7. To ensure proper receipt by EPA, metabolites containing the ethyl methyl Fourteen field residue trials in sweet be sure to identify the docket control aniline (EMA) and the hydroxy methyl corn with acetochlor were conducted in number assigned to this action in the aniline (HEMA) moiety, to be expressed 12 states. The maximum combined subject line on the first page of your as acetochlor, EMA and HEMA and residues (acetochlor and metabolites) response. You may also provide the expressed as acetochlor equivalents in were 1.35 ppm in corn forage, 0.97 ppm name, date, and Federal Register or on the raw agricultural commodity in corn fodder and <0.05 ppm in grain. citation. field, corn, forage at 3.0 part per million Seventeen rotational crop residue II. What Action is the Agency Taking? (ppm) (5F4505); corn, sweet, grain trials were conducted in 17 states (K+CHWHR) at 0.05 ppm; corn, sweet, representing the top corn, alfalfa and EPA has received pesticide petitions fodder at 1.0 ppm; and corn, sweet, clover producing regions in the U.S. The as follows proposing the establishment forage at 1.4 ppm. (6F4791). PP 5F4505 maximum combined residue (acetochlor and/or amendment of regulations for also proposes to divide 40 CFR 180.470 and metabolites) in alfalfa forage was residues of certain pesticide chemicals into two sections: (a) Specific tolerances 0.540 ppm and the maximum alfalfa hay in or on various food commodities (containing the tolerances for field corn residue was 1.870 ppm. The maximum under section 408 of the Federal Food, and sweet corn) and (b) Indirect or clover forage residue was 0.567 ppm, Drug, and Comestic Act (FFDCA), 21 inadvertent tolerances (containing the the maximum clover residue was 1.244 U.S.C. 346a. EPA has determined that tolerances for the rotational crops ppm. these petitions contain data or sorghum, soybean, wheat, and B. Toxicological Profile information regarding the elements set nonanimal grass feeds). PP 6F4791 also forth in section 408(d)(2); however, EPA proposes that tolerances be established 1. Acute toxicity. Acute toxicology has not fully evaluated the sufficiency for the indirect or inadvertent residues data place technical acetochlor in of the submitted data at this time or of acetochlor in or on the the raw toxicity category III for eye irritation, whether the data supports granting of agricultural commodities when present toxicity category III for acute oral, acute the petition. Additional data may be therein as a result of the application of dermal, and acute inhalation. Technical needed before EPA rules on the petition. acetochlor to growing crops and other acetochlor is in category IV for primary nonfood crops as follows: nongrass skin irritation and it is a skin sensitizer. List of Subjects animal feeds, forage at 0.6 ppm and 2. Genotoxicty. In mutagenicity Environmental protection, nongrass animal feeds, hay at 1.0 ppm. testing, submitted by Monsanto, Agricultural commodities, Feed EPA has determined that the petition acetochlor was weakly positive in the additives, Food additives, Pesticides contains data or information regarding Chinese hamster ovary/hypoxanthine- and pests, Reporting and recordkeeping the elements set forth in section guanine phosphoribosyltransferase requirements. 408(d)(2) of the FFDCA; however, EPA (CHO/HGPRT) gene mutation assay with has not fully evaluated the sufficiency and without activation in the mouse Dated: January 7, 2000, of the submitted data at this time or lymphoma assay. Acetochlor was James Jones, whether the data supports granting of negative in a DNA damage repair assay Director, Registration Division, Office of the petition. Additional data may be in rat hepatocytes, a Salmonella assay, Pesticide Programs. needed before EPA rules on the petition. and two (2) in vivo chromosomal Summaries of Petitions aberration studies. A. Residue Chemistry In mutagenicity tests conducted by Petitioner summaries of the pesticide 1. Plant metabolism. The metabolism ZENECA, acetochlor induced a petitions are printed below as required of acetochlor has been studied in corn reproducible, positive, mutagenic by section 408(d)(3) of the FFDCA. The and soybeans. The major metabolic response in strain TA 1538 of summaries of the petitions were pathways are: (i) Uptake of soil Salmonella typhimurium with prepared by the petitioners and metabolites and subsequent metabolism, metabolic activation at 100 milligrams represent the views of the petitioners. (ii) uptake of acetochlor followed by /plate (mg/p) (however, this was less EPA is publishing the petition oxidative metabolism and conjugation, than the 2X background mutation, but summaries verbatim without editing and (iii) uptake of acetochlor, was significant at p less than 0.05). them in any way. The petition summary conjugation with glutathione and Significant increases in number of announces the availability of a subsequent catabolism. Acetochlor is revertant colonies were not induced in description of the analytical methods completely metabolized in plants to strains TA 1535, TA 1537, TA98, and available to EPA for the detection and produce a number of polar metabolites. TA100. The effect in strain TA1538 measurement of the pesticide chemical EPA has determined that the residues of although reproducible in the first study residues or an explanation of why no concern are those which contain the was not observed in a more extensive such method is needed. EMA and HEMA. follow up study. Acetochlor was not

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3685 clastogenic in a mouse micronucleus post-implantation loss, and decrease in decreased body weight at 1,200 mg/kg/ test at doses tested (898 and 1,436 mean fetal weight at 600 mg/kg/day day, (HDT). The lowest effect level milligrams/kilograms (mg/kg) in males; (HDT). The maternal toxicity NOAEL for (LEL) for dermal irritation was 100 mg/ 1,075 and 1,719 mg/kg in females). this study was 150 mg/kg/day based on kg lowest dose tested (LDT). A NOAEL Acetochlor was clastogenic in cultured animals sacrificed moribund, clinical for dermal irritation was not human lymphocytes both in the observations, and decreased body established. presence and absence of S9 mix at 100 weight gain at 600 mg/kg/day (HDT). A 3–week dermal study submitted by mg/milliliters (ml), and in the absence In a developmental study submitted ZENECA with rats fed dosages of 0.1, of S9 mix at 50 mg/ml. It has by Monsanto, with rabbits fed dosages 1.0, 10, or 100 mg/kg/day resulted in subsequently been shown that the of 0, 15, 50, and 190 mg/kg/day, minimal to mild skin irritation after 21 chloroacetyl substituent on acetochlor is acetochlor did not induce days. Signs of systemic toxicity were not the clastogenic moeity, however two developmental toxicity in rabbits up to apparent at any level. Higher doses were structurally related chemicals 190 mg/kg/day (HDT). The maternal not possible because of severe dermal containing this moiety have been shown toxicity NOAEL was 50 mg/kg/day toxicity at higher doses. to be non-carcinogens as defined by the based on loss of body weight during 5. Chronic toxicity. In a 1–year US NTP. dosing at 190 mg/kg/day (HDT). feeding study submitted by Monsanto, Acetochlor induced a weak DNA In a developmental study submitted with dogs fed dosages of 0, 4, 12, and repair (measured by UDS) in rat by ZENECA, with rabbits fed dosages of 40 mg/kg/day, the NOAEL was 12 mg/ hepatocytes derived from animals 0, 30, 100, and 300 mg/kg/day, kg/day based on decreased body weight exposed in vivo at 2,000 mg/kg. At this acetochlor did not induce either gains in males, decreased terminal body dose there is significant hepatotoxicity maternal or developmental toxicity up weight in females, testicular atrophy (depletion of glutathione, severe liver to 300 mg/kg/day (HDT). with accompanying decreases in necrosis and substantial release of In a 2–generation reproduction study absolute and relative testicular weight, hepatic enzymes). Acetochlor was submitted by Monsanto, with rats fed increase in relative liver weights in male negative in the unscheduled DNA dosages of 0, 30.4, 74.1, and 324.5 mg/ and females, and clinical chemistry synthesis (UDS) assay at a maximum kg/day (males) or 0, 44.9, 130.1, and changes at 40 mg/kg/day (HDT). tolerated dose (MTD) of 1,000 mg/kg. In 441.5 mg/kg/day (females), the In a 1–year feeding study submitted a structural chromosome aberration reproductive NOAEL was 30.4 mg/kg/ by ZENECA, with dogs fed dosages of 0, study, acetochlor at doses 1,000 and day for males and 44.9 mg/kg/day for 2, 10, and 50 mg/kg/day, the NOAEL 2,000 mg/kg resulted in reduced females, based on decreased body was 2 mg/kg/day based on increased pregnancy incidence, decreased weight gain of F2b pups at 74.1 mg/kg/ salivation, ornithine carbamyl implants per pregnancy incidence, day for males and 130.1 mg/kg/day for transferase, and triglyceride values increased preimplantion loss, and females. A NOAEL for systemic effects accompanied by decreased blood decreased time implant per pregnancy was not established. glucose levels and liver glycogen levels at weeks 2, 3 and 4 of this study. Early In a 2–generation reproduction study at 10 mg/kg/day. Interstitial nephritis, and late intrauterine deaths were not submitted by ZENECA, with rats fed tubular degeneration of the testes and affected in this study. The Agency dosages of 0, 1.6, 21, and 160 mg/kg/ hypospermia were reported. concluded there was positive evidence day, the reproductive NOAEL was 21 In a chronic feeding/carcinogenicity of mutagenicity at the mid- and high- mg/kg/day based on significant study submitted by Monsanto, in which dose levels in this study. The reductions in pup weight at lactational rats were fed dose levels of 0, 22, 69, Acetochlor Registration Partnership has day 21 and total body weight gain and 250 mg/kg/day, a NOAEL for submitted new data which show that during lactation at 160 mg/kg/day chronic effects was not established. there were no mutagenic effects in this (HDT). The parental NOAEL was 21 mg/ In a repeat chronic feeding/ study. Acetochlor was negative in a kg/day based on reductions in body carcinogenicity study submitted by DNA damage (comet) assay conducted weight, accompanied by slight Monsanto, in which rats were fed dose using nasal tissue derived from rats reductions in food consumption and levels of 0, 2, 10, and 50 mg/kg/day, the treated with a supra-MTD of 1,750 ppm significant increases in relative organ NOAEL for chronic effects was 10 mg/ of acetochlor in the diet for either 7 days weights at 160 mg/kg/day (HDT). kg/day. or 18 weeks. Conclusion. Acetochlor is not In a chronic feeding/carcinogenicity 3. Reproductive and developmental considered to be a material that causes study submitted by ZENECA, in which toxicity. In a developmental study developmental or reproductive toxicity. rats were fed dose levels of 0, 0.8, 7.9, submitted by Monsanto, with rats fed The lowest NOAEL for fetotoxicity was and 79.6 mg/kg/day, the NOAEL for dosages of 0, 50, 200, and 400 mg/kg/ 21 mg/kg/day in a 2–generation chronic effects was 7.9 mg/kg/day. day, acetochlor did not induce reproduction study and the lowest Conclusion. The lowest NOAEL for developmental toxicity in rats up to 400 NOAEL for fetotoxicity in a chronic effects in dogs was 2 mg/kg/day mg/kg/day, the highest dose tested developmental study was 150 mg/kg/ and the lowest NOAEL for chronic (HDT). The maternal no observed day. effects in rats was 7.9 mg/kg/day. EPA adverse effect level (NOAEL) was 200 4. Subchronic toxicity. A 3–month has established the Reference Dose (RfD) mg/kg/day based on matting and/or feeding study submitted by Monsanto for acetochlor at 0.02 mg/kg/day based staining of the anogenital region, a with rats fed dosages of 0, 40, 100, and on the 2.0 mg/kg/day NOAEL in the decrease in mean maternal weight gain 300 mg/kg/day resulted in a NOAEL of ZENECA dog study and the application during the treatment period, and in 40 mg/kg/day based on loss of body of a 100–fold safety factor. adjusted mean weight gain on gestation weight and decreased food consumption In a chronic feeding/carcinogenicity day 20 at 400 mg/kg/day (HDT). at 100 mg/kg/day. study submitted by Monsanto with mice In a developmental study submitted A 3–week dermal study submitted by fed dosages of 0, 75, 225, and 750 mg/ by ZENECA , with rats fed dosages of 0, Monsanto with rabbits fed dosages of 0, kg/day (high dose determined to be 973 40, 150, and 600 mg/kg/day, the 100, 400, and 1,200 mg/kg/day resulted mg/kg/day by the ARP) carcinogenic developmental NOAEL was 150 mg/kg/ in a NOAEL for systemic effects of 400 effects noted included increased day based on increased resorptions, mg/kg/day based on mortality and incidence of liver carcinomas in high-

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3686 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices dose males, total lung tumors in females decreased body weights and body by other threshold-dependent at all dose levels, carcinomas of lungs in weight gain in both sexes, high mechanisms. The weight of the females fed 75 and 750 (973) mg/kg/day, cholesterol levels in males, increased evidence of all the genotoxicity studies uterine histiocytic sarcomas in females absolute and relative kidney and liver conducted with acetochlor also supports at all dose levels, and total benign weight in males, and increased the conclusion that tumor formation is ovarian tumors in mid-dose females. testicular weights at 50 mg/kg/day not driven by genotoxic mechanisms. Other dose-related changes included: (1) (HDT). An overview of the genotoxicity studies Increased mortality and decreased mean In a 2–year chronic feeding/ with acetochlor has been reported by body weights in both high-dose males carcinogenicity study submitted by Ashby, et al. in Human and and females, (2) decreased red blood ZENECA, with rats fed dosages of 0, 0.8, Experimental Toxicology, 15, 702, 1996 cell count, hematocrit, and hemoglobin 7.9, and 79.6 mg/kg/day, carcinogenic (EPA MRID NO. 44069503). in high-dose females at terminal effects noted at 79.6 mg/kg/day (HDT) Mechanistic studies with alachlor, a sacrifice, (3) increased white blood included a significant increase in nasal structural analog of acetochlor which count in high-dose males at terminal epithelial adenomas and thyroid produces the same nasal and thyroid sacrifice, (4) increased platelet count in follicular cell adenomas in both sexes at tumors in the rat, provide additional mid-and high-dose females at terminal 79.6 mg/kg/day. Also, at that dose nasal evidence that rodent tumors incident to sacrifice, (5) increased mean liver carcinoma was present in two males and acetanilide dosing are produced by weight and liver-to-body-weight ratios one female rat at this dose. Rare tumors indirect threshold mechanisms that are at study termination in all dose groups in the form of benign chondroma of the unique to the rat and not relevant to of males and in high-dose females; femur and basal cell tumor of the humans under realistic exposure levels. increased absolute and relative kidney stomach were also observed at 79.6 mg/ The Acetochlor Registration Partnership weights in all dose groups of males at kg/day. The systemic NOEL was 7.9 mg/ (ARP) has conducted and submitted a termination; increased absolute and kg/day based on decreased body weight number of studies on the mechanism of relative adrenal weights in all groups of gain, decreased food efficiency, tumor formation with acetochlor. The males and in high-dose females at study increased organ to body weight ratios, ARP believes these studies establish the termination; and (6) increased increased plasma GGT and cholesterol basis for the use of a Margin of Exposure interstitial nephritis in high-dose males at 79.6 mg/kg/day (HDT). (MOE) for the cancer risk assessment for and females. Conclusions. Three oncogenicity acetochlor. In a chronic feeding/carcinogenicity studies have been conducted with 6. Animal metabolism. The study submitted by ZENECA with mice acetochlor in rats and two have been metabolism of acetochlor has been fed dosages 0, 1.1, 11, and 116 mg/kg/ conducted in mice. In rats, increased studied in goats, laying hens and rats. day in males and 0, 1.4, 13, and 135 mg/ incidences of tumors in nasal, thyroid EPA has concluded that the nature of kg/day in females, carcinogenic effects and liver tissues were found only at the residue in ruminants and poultry are noted included an increase in dose levels equal to or exceeding the adequately understood and the residue pulmonary adenoma in both male and MTD. Liver tumors were found in only of concern is the same as that in corn. females at the high dose. Pulmonary one rat study and at the highest dose 7. Metabolite toxicology. EPA has tumors were confirmed as adenomas or tested (297mg/kg/day), a dose which determined that the residues of concern carcinomas of the lung parenchyma and greatly exceeded the MTD. The nasal are those which contain the EMA and were all of the alveolar type. The tumors, found only at and above the HEMA. NOAEL for systemic toxicity in females MTD, are the only biologically relevant 8. Endocrine disruption. Acetochlor is was 13 mg/kg/day based on a significant and reproducible oncogenic effect in not a member of a class of chemicals increase in anterior polar vacuoles in rats. associated with direct adverse effects on the lens of the eye at 135 mg/kg/day. In mice, increased incidences of the endocrine system. The subchronic, In a chronic feeding/carcinogenicity tumors in liver, lung, and uterine tissues chronic, developmental and study submitted by Monsanto, with rats were observed. The liver tumors were reproductive studies with acetochlor fed dosages of 0, 22, 69, and 250 mg/kg/ observed only in one study, at the HDT satisfy the present data requirements, day (males) or 0, 30, 93, and 343 mg/kg/ (973mg/kg/day) a dose which greatly and they have measured many toxic day (females), carcinogenic effects noted exceeded the MTD as evidenced by endpoints which are sensitive to at 250 (highest dose determined to be increased mortality of approximately endocrine-modulation activity. 297 mg/kg/day) mg/kg/day in males and 90%. The lung tumors and uterine Acetochlor has not produced effects in 343 mg/kg/day in females included histiocytic sarcomas were observed in these toxicity studies that can be related hepatocellular carcinoma in both sexes all treated female groups in one study, to direct interference with female or and thyroid follicular cell adenoma in but there was no dose-response male endocrine systems. males. Nasal papillary adenomas were relationship which makes the noted in male rats at 69 mg/kg/day and relationship to treatment and relevance C. Aggregate Exposure above and in females at 93 mg/kg/day. equivocal. Lung tumors occurred only 1. Dietary exposure. The nature of the A NOAEL for chronic effects was not in high dose animals in the second residue in plants and animals is established. mouse study and their incidence rate understood. Acetochlor metabolizes In a repeat chronic feeding/ was within the historical control range extensively to yield a number of polar carcinogenicity study submitted by for the laboratory. The rat and mouse metabolites. Tolerances have been Monsanto, in rats fed dosages of 0, 2, 10, liver tumors and the mouse lung and established at 40 CFR 180.470 for raw and 50 mg/kg/day oncogenic effects histiocytic sarcomas have been agricultural commodities of field corn noted at 50 mg/kg/day (HDT) included subjected to an independent pathology and indirect or inadvertent residues in neoplastic nodules of the liver, peer review. or on sorghum, soybean and wheat. The follicular adenoma/cystadenoma of the Overall, the only clear oncogenic tolerances are combined acetochlor, and thyroids and papillary edema of the responses in rats or mice are found only metabolites that contain the EMA and mucosa of the nose/turbinates in high at high dose levels at or above the MTD. HEMA moieties expressed as acetochlor. dose animals. The NOAEL for chronic This suggests that such tumors are not No tolerances have been established for effects was 10 mg/kg/day based on produced by genotoxic mechanisms, but livestock commodities because there is

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3687 no reasonable expectation of finite with peak concentrations occurring that will preclude any significant, residues based on the results of mainly in May and June, the peak use widespread contamination of drinking exaggerated rate feeding studies. season for acetochlor. Only about 10% water. i. Food —a. Acute. An acute dietary of the participating CWSs had time- For the purpose of chronic risk analysis was performed based on the weighted annualized mean assessment, a level of 0.1 ppb seems to EPA selected acute NOAEL of 150 mg/ concentrations (AMC) above 0.1 parts represent a reasonable, upper-bound kg/day for developmental toxicity. The per billion (ppb). There were no CWSs level for acetochlor in drinking water. results of this analysis produced MOEs that had AMCs exceeding 2 ppb, the Based on 0.1 ppb in the water and an of greater than 70,000 for all 23 annual AMC limit set for acetochlor in assumed water consumption of 2 liters subgroups of the U.S. population. The the EPA-ARP registration agreement. per day for an adult weighing 70 kg, the most highly exposed subgroup, non- Although acetochlor is not expected upper bound exposures would be 2.9 x nursing infants, has a MOE of 77,000. to leach through most agricultural soils, 10±6 mg/kg/day. EPA generally considers MOEs of there is a potential for limited ground For the purpose of assessing short greater than 100 to provide adequate water contamination in areas of highly term risk, a level of 2 ppb, the probable acute dietary safety. Therefore, this permeable soils. To address this MCL, represents a reasonably evaluation demonstrates that acetochlor possibility, acetochlor products are conservative, upper bound level for does not represent an acute dietary labeled to prohibit use in fields where acetochlor in drinking water. Based on concern. the depth to ground water is less than 2 ppb in the water and an assumed b. Chronic. The theoretical maximum 30 feet and where the soils are ‘‘sands’’ water consumption of 2 liters per day residue contribution (TMRC) for the with less than 3% organic matter; for an adult weighing 70 kg and 1 liter general U.S. population from all ‘‘loamy sands’’ with less than 2% per day for a child weighing 10 kg, the established uses combined with the organic matter; or ‘‘sandy loams’’ with short-term exposure for the adult would proposed tolerance on corn forage is less than 1% organic matter. However, be 5.7 x 10±5 mg/kg/day and for the 1.11 x 10±4 mg/kg/day. For non-nursing shallow ground water contamination child, 2.0 x 10±4 mg/kg/day. infants less than 1 year old, the most can also result from misuse, improper 2. Non-dietary exposure. Acetochlor highly exposed subgroup, the TMRC is well construction and the movement of is not registered for any use which 3.24 x 10±4 mg/kg/day. The TMRC is surface water into direct conduits to would result in non-occupational, non- calculated assuming that all of the corn ground water. The ARP has been dietary exposure for the general crop is treated with acetochlor, that all conducting a ground water monitoring population. Acetochlor is registered for crop commodities bear tolerance-level (GWM) program consisting of 175 wells use on corn, a commercial crop which residues, and that all rotation crops are immediately adjacent to acetochlor is grown in fields remote from public- grown in soil treated with acetochlor treated fields since 1995. The wells are use areas. Acetochlor products are and thus all rotation crop commodities located in a variety of soil types to cover Restricted Use, for use only by Certified have tolerance level residues. A refined the range from light permeable soils to Applicators which means the general dietary exposure estimate, based on heavy less vulnerable soils, reflecting public cannot buy or use acetochlor. 30% of corn acres treated, actual the soils on which corn is grown in the D. Cumulative Effects maximum residues found in crop seven major corn-producing states. The commodities, and reduction of residues ARP GWM wells are agricultural Toxicological testing of the in some processed commodities was monitoring wells and do not adequately chloroacetamide herbicide family in calculated for the same population represent the drinking water wells animals with high doses has produced groups. The refined and more accurate across the entire country. Therefore, a number of observed effects. Certain exposure estimate, called the sporadic detections at very low levels effects in some tissues are observed in Anticipated Residue Contribution cannot be extrapolated to provide two, three, or four members of the (ARC), is 1.0 x 10±5 for the U.S. general accurate estimates of acetochlor in family, but there is no single effect that population and 2.7 x 10±5 for non- drinking water derived from ground represents conclusive evidence of a nursing infants. The TMRC represents water. A series of eight Prospective common mechanism of toxicity existing only 0.55% of the RfD for the general Ground Water (PGW) studies are being throughout the chloroacetamide family. population. The ARC represents only conducted by the ARP to monitor the EPA has not established procedures 0.05% of the RfD. movement of acetochlor to ground water for determining when pesticides share a ii. Drinking water. Acetochlor is not under intensively instrumented fields, common toxic mechanism, or provided registered for direct application to across a range of soil textures. Two a definition of ‘‘concurrent exposure.’’ bodies of water. Seasonal run-off from studies initiated during 1995 are nearing At this time there is no established treated fields can be transported to completion and neither show any procedure for risk assessment of surface water. Since March 1995, the indication of acetochlor movement. pesticides which may have a common ARP has been monitoring drinking Four studies commenced during 1996 mechanism by may differ in potency water from 175 community water and continue to show no acetochlor and exposure. Following an EPA systems (CWSs) which take their water ground water contamination. Traces of proposal to the FIFRA Scientific supplies from surface water sources. acetochlor were detected at one of these Advisory Panel meeting on March 20, The 175 CWSs take water from sites at one sampling interval, soon after 1997 (Docket No. OPP–00466) that nasal watersheds of all sizes in major application. The residues were tumors in alachlor, acetochlor, acetochlor use areas but primarily from extremely low (0.06 ppb) and had butachlor, and perhaps metolachlor may small watersheds located in areas of dissipated by the next sampling be formed by a common toxic high-intensity corn production. Water interval. mechanism, Monsanto Company has samples taken every 2 weeks from mid The conditions of the registration of derived an equation to calculate a MOE March through early September from acetochlor include cancellation triggers for the combined, concurrent exposure each CWS are analyzed for acetochlor. based on detection scenarios in the to multiple chloroacetamide herbicides The results to date show that acetochlor Surface Water Monitoring Program, the that may share a common mechanism was non-detected in about 80% of all Ground Water Monitoring Program and for nasal tumors. The mechanism is individual samples of drinking water, the Prospective Ground Water Program thought to be metabolic production of

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3688 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices an electrophilic 3,5-dialkyl- is 26 mg/kg/day, the NOAEL for nasal on children. There are two benzoquinone-4-imine (DABQI) or tumors in the rat. Comparison of the developmental studies with acetochlor similar compounds at sufficient levels aggregate exposure estimate of 1.29 x in both the rat and the rabbit and there to cause cytotoxicity, proliferation of 10±5 mg/kg/day to the 26 mg/kg/day are two reproduction studies in the rat. nasal cells and neoplasms in nasal cancer endpoint gives a MOE (relative to In the four developmental studies and tissues. The equation, as presented in this minimum NOAEL) of 2,015,504. two reproduction studies with ‘‘Summary Information and Assessment The margins of safety for short-term acetochlor, the fetal NOAEL’s were as Required for the Reregistration of exposure, chronic exposure and either equal to or higher than the Alachlor by the Food Quality Protection carcinogenicity are all adequate and maternal (systemic) NOAEL’s, Act of 1996’’ [MRID 44252200] is: support the conclusion that there is a indicating that there is no increased ÷ ÷ MOE=1 ([ala] [ala]10) + reasonable certainty of no harm sensitivity for offspring. The NOAEL of ([Chlor1]÷[Chlor1]) + resulting from the established and 2 mg/kg/day in the dog study which was ÷ ([Chlor2] [Chlor2]10) + proposed uses of acetochlor. used to establish the RfD is lower than ÷ ([Chlor3] [Chlor3]10) + Etc ii. U.S. general population— the lowest developmental NOAEL by a In which, [ChlorX] represents the acetamides common nasal mechanism. factor of 75, and lower than the lowest Aggregate Exposure to each individual The Aggregate Exposure (chronic) reproductive NOAEL by a factor of 10, chloroacetamide herbicide which shares estimate for acetochlor is given above as suggesting that the RfD is appropriate the common mechanism with alachlor 1.29 x 10±5 mg/kg/day. Using Aggregate for assessing aggregate risk to infants ≤ (ala), and [ChlorX]10 represents the Exposure estimates and ED10 derived by and children. The results of the toxicological dose of that same Monsanto for alachlor, butachlor and acetochlor testing establishes that there herbicide which produced a measurable metolachlor, and this refined Aggregate is reasonable certainty of no harm to (10%) increase in tumors in tested Exposure estimate for acetochlor, the infants and children from the proposed animals (i.e., the ED10). This equation Common Mechanism MOE for all four uses of acetochlor. gives the cumulative MOE relative to pesticides was calculated. The upper bound Aggregate Exposure the ED10 and is valid assuming Because some of these active for infants or children is 2.27 x 10±4 mg/ approximately constant relative ingredients have more than one chronic kg/day, representing the combination of potencies among the chloroacetamides rat study, MOE ED10 was calculated dietary exposure for non-nursing infants at exposures below the ED10. Since the using the lowest or worst case ED10’s. less than 1 year old (the most highly ED10 will almost always exceed the (The lowest ED10’s were 8.5 mg/kg/day exposed subgroup) with potential short- NOAEL, this MOE will be smaller than for alachlor, 40.7 mg/kg/day for term exposure to drinking water the NOAEL-based MOE. acetochlor and 85.1 mg/kg/day for containing 2.0 ppb acetochlor. This The ARP adopts this equation for the butachlor. For metolachlor there were potential short-term exposure provides a purpose of the cumulative risk insufficient data to estimate an ED10 and margin of safety of 660,793 when assessment for chloroacetamides and to a worst-case value of 150 mg/kg/day compared to the toxicological reference show that acetochlor uses meet the was used. The aggregate exposure point of 150 mg/kg/day for acute dietary FQPA standard of reasonable certainty estimates used for alachlor, butachlor, exposures. Chronic exposure at this and metolachlor were 1.7 x 10±5, 5.2 x of no harm even if a common level would utilize only 1.1% of the 10±7, and 2.1 x 10±4 mg/kg/day, mechanism of toxicity is presumed to RfD. EPA generally has no concern respectively.) The Combined exist for several chloroacetamides. about chronic exposures that utilize less Mechanism MOE relative to the ED 10 than 100% of the RfD. Cancer risk E. Safety Determination was 268596. This MOE is sufficiently assessment for children is considered to 1. U.S. population —i. U.S. general large to demonstrate that there is a be included in the adult assessment population -acetochlor alone. The upper reasonable certainty of no harm from because of the long induction period for bound Aggregate Exposure estimate for cumulative exposure to these carcinogenic effects. The cumulative short-term exposures to acetochlor is 6.7 chloroacetamides even if they are risk assessment for chloroacetamides is x 10±5 mg/kg/day. The Toxicity considered to share a common toxic Endpoint Reference Committee has mechanism. based on the proposed common established 150 mg/kg/day as the acute 2. Infants and children. In assessing mechanism for induction of nasal dietary endpoint for risk assessment. the potential for additional sensitivity of tumors, a process requiring a long Comparing the aggregate exposure to infants and children to residues of dosing period. Therefore, the data this endpoint indicates that short-term acetochlor, EPA considers data from presented support the conclusion that exposures have a margin of safety of developmental studies in the rat and the there is a reasonable certainty of no 2,238,805. rabbit and a 2–generation reproduction harm to infants or children will result The Aggregate Exposure estimate for study in the rat. The developmental from the established and proposed uses chronic exposures to acetochlor is 1.29 toxicity studies are designed to evaluate for acetochlor. x 10±5 mg/kg/day. This exposure utilizes adverse effects on the developing F. International Tolerances only 0.065% of the RfD of 0.02 mg/kg/ organism resulting from pesticide There are no Codex Alimentarius day. EPA generally has no concern exposure to female test animals. Commission (CODEX) Maximum about exposures below 100% of the RfD Reproduction studies provide Residue Levels established for residues for the U.S population. information relating to effects from of acetochlor on agricultural For cancer risk assessment, the ARP exposure to the pesticide on the commodities. proposes that acetochlor be assessed by reproductive capability of mating the MOE method that has been animals data on systemic toxicity and II. Interregional Research Project approved for cancer risk assessment of the survival, growth and development of Number 4 alachlor, a close structural analog which the offspring. produces the same nasal and thyroid Based on the current toxicological 9E6025 tumors in the rat. The appropriate data requirements, the acetochlor data EPA has received a pesticide petition cancer reference endpoint for acetochlor base is complete and sufficient for (9E6025) from the Interregional Project is the lowest NOAEL for tumors which assessing prenatal and postnatal effects Number 4 (IR-4), New Jersey

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Agricultural Experiment Station, 3. Reproductive and developmental and hens. In every study, pyridate was Rutgers University, New Brunswick, toxicity. A developmental toxicity study hydrolyzed to SAN 1367 and rapidly New Jersey 08903 proposing, pursuant in the rat dosed at 0, 55, 165, 400, or 495 excreted, primarily through the urine as to section 408(d) of the FFDCA, 21 mg/kg/day showed a maternal no SAN 1367 or its glucoside or U.S.C. 346a(d), to amend 40 CFR part observed adverse effect level (NOAEL) glucuronide conjugates. Pyridate and its 180 by establishing a tolerance for of 165 mg/kg/day, and a developmental metabolites are not persistent and do residues of pyridate, 0-(6-chloro-3- NOAEL > 495 mg/kg/day. not accumulate in animal systems. A developmental toxicity study in the phenyl-4-pyridazinyl)-S-octyl C. Aggregate Exposure carbonothioate and its metabolite 6- rabbit with doses of 0, 150, 300, or 600 chloro-3-phenyl-pyridazine-4-ol (known mg/kg/day showed a maternal NOAEL 1. Dietary exposure. Pyridate is as SAN 1367), and conjugates of SAN of 300 mg/kg/day and a developmental registered for use in corn, peanut, and 1367 in or on the raw agricultural NOAEL > 600 mg/kg/day. cabbage. The pending petition add the commodities peppermint tops and Results of a multi-generational use in/on peppermint tops and spearmint tops at 0.20 parts per million reproduction study with rats dosed at 0, spearmint tops. The potential dietary (ppm). EPA has determined that the 2.2, 10.8, or 67.5 mg/kg/day showed a exposure of the population to residues petition contains data or information NOAEL of 10.8 mg/kg/day for maternal of pyridate or its metabolites is regarding the elements set forth in and developmental toxicity. calculated based on Theoretical section 408(d)(2) of the FFDCA; 4. Subchronic toxicity. Results of a Maximum Residue Contribution however, EPA has not fully evaluated 21–day dermal study showed a NOAEL (TMRC) for all crops with pyridate use. the sufficiency of the submitted data at > 1,000 mg/kg. A 90–day feeding study The TMRC is a worst case estimate of this time or whether the data support in rats dosed at 0, 62.5, 177, and 500 dietary exposure since it assumes that granting of the petition. Additional data mg/kg/day showed a NOAEL of 62.5 100% of all crops for which tolerances may be needed before EPA rules on the mg/kg/day. No neuropathological effects are established are treated with petition. This summary was prepared by were found. pyridate, and that pesticide residues are Novartis Crop Protection, Inc., A 90–day feeding study in dogs with present at the tolerance levels. Novartis Greensboro, NC, 27419. doses of 0, 20, 60, or 200 mg/kg/day maintains that this method of showed a NOAEL of 20 mg/kg/day. calculation result in an overestimation A. Residue Chemistry Slight degenerative myelopathy in the of the exposure and is considered 1. Plant metabolism. The metabolism peripheral nerves was observed at the conservative. Dietary exposure is not of pyridate in plants is well understood highest dose level, which is much expected in meat, milk, poultry, or eggs, based on studies with broccoli, corn, higher than the NOAEL and the based on cow and hen feeding studies, and peanut. Pyridate is rapidly broken expected exposure from field use. animal metabolism studies, and the fact the residue studies indicate that down by hydrolysis to its major 5. Chronic toxicity. A 1–year feeding residues are not present in crops fed to degraded, SAN 1367. The SAN 1367 study in dogs was conducted with doses of 0, 5, 20 or 60 mg/kg/day for 34 weeks. animals above the limit of detection. metabolite is further conjugated to i. Chronic effects. The chronic glucoside and degraded. After week 34, the doses were increased to 30, 100, or 150 mg/kg/day because no population adjusted dose (cPAD) has 2. Analytical method. The proposed toxic effects were evident at the lower been established based on the chronic analytical method is ‘‘Method of doses. The final results showed a toxicity data base. The cPAD = 0.11 mg/ Analysis of Determination of Residues systemic NOAEL of 20 mg/kg/day. kg bwt/day based on the NOAEL of 10.8 of Pyridate and its Metabolites CL 9673 A lifespan (121 week) chronic/ from the lifespan rat carcinogenicity and Conjugated CL 9673 in Plant carcinogenicity study in rats treated study due to body weight depression in Materials.’’ with analytical levels of 0, 2.2, 10.8, or males, and assuming a safety factor of B. Toxicological Profile 67.5 mg/kg/day (equivalent to 0, 48, 100. 240, or 1,500 ppm) showed a systemic ii. Acute effects. Acute dietary 1. Acute toxicity. Results of a rat acute NOAEL of 10.8 mg/kg/day (240 ppm) analysis compared the daily dietary oral study showed a lethal dose (LD) 50 based on body weight depression. No exposure to the lowest NOAEL for of 4,690 mg/body weight (bwt)/day carcinogenic potential was observed. subchronic studies. EPA’s current (5,993 mg/kg in males and 3,544 mg/kg In an 18–month carcinogenicity policy for Tier I analysis uses the in females). study, mice were fed doses of 0, 400, conservation assumption that all In a rat acute dermal study, the LD50 800, 1,600 or 7,000 ppm of pyridate. In residues are at a high end estimate or was shown to be > 2,000 mg/kg. A rat males, dose levels were approximately maximum, typically taken as the acute inhalation study yielded a LD50 > 0, 47.7; 97.1; 169.5, and 882.6 mg/kg tolerance value. Acute dietary 4.37 mg/milliliter (ml). bwt/day; in females, dose levels were assessment for pyridate was generated Results of a primary eye irritation approximately 0, 54.5, 114.6, 204.3, and by comparing the ratio of exposure and study in the rabbit indicated that 1,044.6 mg/kg bwt/day with a NOAEL at the NOAEL from the 90–day feeding pyridate is a mild irritant. 800 ppm (97.1 mg/kg in males and 114.6 study in dogs of 20 mg/kg bwt/day to A primary dermal irritation study mg/kg in females). Results showed no determine a margin of exposure (MOE). showed pyridate to be a moderate skin evidence of carcinogenicity. The exposure estimate includes all irritant, whereas, a dermal sensitization Carcinogenicity. Existing data current and pending tolerances from study indicated it is a sensitizer. demonstrate that there is no evidence of Sandoz Agro, Inc. and IR-4. A MOE of 2. Genotoxicity. Pyridate was tested in carcinogenicity in rats at 1,500 ppm 100 or more is considered acceptable. the Ames test, mouse micronucleus (67.5 mg/kg/day) or mice at 7,000 ppm For all subgroups evaluated, the MOE is assay, chromosome aberration assay (883 mg/kg bwt/day in males, and greater than 140,000. with Chinese hamster ovary cells (CHO), 1,044.6 mg/kg bwt/day in females). 2. Drinking water. Drinking water is the REC assay, and rat hepatocyte These data have been obtained at dosing not expected to be a means of exposure unscheduled DNA synthesis assay. in excess of any dietary exposure. to pyridate. Environmental studies Results were negative for mutagenicity 6. Animal metabolism. Pyridate has indicate that pyridate binds to the soil and chromosome aberrations. been tested in rats, dogs, cattle, goats, and is rapidly hydrolyzed into its

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3690 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices metabolites. The metabolites are then aggregate exposure of residues of photolyzed and further degraded and pyridate or its metabolites including all finally mineralized to CO2. Leaching dietary and other non-occupational Cat- NAICS Examples of poten- studies and lysimeter studies indicate exposures. egories codes tially affected entities that under typical agricultural F. International Tolerances Industry 111 Crop production conditions, neither pyridate nor its 112 Animal production metabolites were detected below 30 No international tolerances have been 311 Food manufacturing centimeters. Ground water monitoring established for pyridate on peppermint 32532 Pesticide manufac- studies conducted in Europe have not tops and spearmint tops by CODEX turing confirmed any detection of pyridate or Alimentarius Commission. metabolites. Therefore, significant [FR Doc. 00–1553 Filed 1–21–00; 8:45 am] This listing is not intended to be movement of pyridate is not likely and exhaustive, but rather provides a guide BILLING CODE 6560±50±F is not a considerable factor in assessing for readers regarding entities likely to be human health risk. affected by this action. Other types of 3. Non-dietary exposure. There are no ENVIRONMENTAL PROTECTION entities not listed in the table could also registered uses for pyridate on AGENCY be affected. The North American residential or recreational turf. Industrial Classification System Therefore, non-dietary exposure of (NAICS) codes have been provided to pyridate is not likely and not a factor in [PF±914; FRL±6486±8] assist you and others in determining assessing human health risk. Notice of Filing Pesticide Petitions to whether or not this action might apply D. Cumulative Effects Establish a Tolerance for Certain to certain entities. If you have questions Pesticide Chemicals in or on Food regarding the applicability of this action Pyridate belongs to the pyridazine to a particular entity, consult the person group of herbicidal compounds and has AGENCY: Environmental Protection listed under ‘‘FOR FURTHER a unique mode of action in plants. INFORMATION CONTACT.’’ Sandoz does not have data to indicate Agency (EPA). a common mechanism of toxicity to ACTION: Notice. B. How Can I Get Additional other compounds in humans. Therefore Information, Including Copies of this cumulative effects from common SUMMARY: This notice announces the Document and Other Related mechanisms of action are unlikely. initial filing of pesticide petitions Documents? 1. Electronically. You may obtain E. Safety Determination proposing the establishment of regulations for residues of certain electronic copies of this document, and 1. U.S. population. The cPAD is pesticide chemicals in or on various certain other related documents that calculated to be 0.11 mg/kg bwt/day. food commodities. might be available electronically, from The estimates of exposure are based on the EPA Internet Home Page at http:// conservative assumptions that all crops DATES: Comments, identified by docket www.epa.gov/. To access this with a tolerance for pyridate are treated control number PF–914, must be document, on the Home Page select and that all residues found are at the received on or before February 23, 2000. ‘‘Laws and Regulations’’ and then look maximum or tolerance level. The ADDRESSES: Comments may be up the entry for this document under dietary exposure to the U.S. population submitted by mail, electronically, or in the ‘‘Federal Register--Environmental for the current uses plus the corn grain, person. Please follow the detailed Documents.’’ You can also go directly to peanut butter, and cabbage uses is instructions for each method as the Federal Register listings at http:// estimated at most to be 6.0 x 10±5 mg/ provided in Unit I.C. of the www.epa.gov/fedrgstr/. kg/bwt/day, which is 0.1% of the cPAD. ‘‘SUPPLEMENTARY INFORMATION.’’ 2. In person. The Agency has Therefore, Novartis concludes that there To ensure proper receipt by EPA, it is established an official record for this is reasonable certainty of no harm from imperative that you identify docket action under docket control number PF– aggregate exposure of residues of control number PF–914 in the subject 914. The official record consists of the pyridate or its metabolites including all line on the first page of your response. documents specifically referenced in dietary and other non-occupational this action, any public comments exposures. FOR FURTHER INFORMATION CONTACT: By received during an applicable comment 2. Infants and children. Pyridate is mail: Mary Waller, Registration Support period, and other information related to not a reproductive or developmental Branch, Registration Division (7505C), this action, including any information toxicant. Therefore no specific effects on Office of Pesticide Programs, claimed as confidential business infants and children are expected. Based Environmental Protection Agency, Ariel information (CBI). This official record on the weight of evidence of the toxicity Rios Bldg., 1200 Pennsylvania Ave., includes the documents that are studies, an additional safety factor is not NW., Washington, DC 20460; telephone physically located in the docket, as well warranted. number: (703) 308–9354; e-mail address: as the documents that are referenced in Using the same assumptions as above, [email protected]. those documents. The public version of the exposure to infants and children is SUPPLEMENTARY INFORMATION: the official record does not include any presented as a percent of cPAD. The information claimed as CBI. The public dietary exposure for the current uses I. General Information version of the official record, which plus the corn grain, peanut butter, and A. Does this Action Apply to Me? includes printed, paper versions of any cabbage uses for non-nursing infants is electronic comments submitted during estimated as 1.25 x 10±4 mg/kg/bwt/day, You may be affected by this action if an applicable comment period, is which is 0.1% of the cPAD. For children you are an agricultural producer, food available for inspection in the Public age 1–6, the estimated exposure is 1.43 manufacturer or pesticide manufacturer. Information and Records Integrity x 10±4 mg/kg/day, 0.1% of the cPAD. Potentially affected categories and Branch (PIRIB), Rm. 119, Crystal Mall 2, Therefore, Sandoz concludes that there entities may include, but are not limited 1921 Jefferson Davis Highway, is reasonable certainty of no harm from to: Arlington, VA, from 8:30 a.m. to 4 p.m.,

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Monday through Friday, excluding legal will be included in the public version summaries of the petitions were holidays. The PIRIB telephone number of the official record without prior prepared by the petitioners and is (703) 305–5805. notice. If you have any questions about represent the views of the petitioners. CBI or the procedures for claiming CBI, EPA is publishing the petition C. How and to Whom Do I Submit please consult the person identified summaries verbatim without editing Comments? under ‘‘FOR FURTHER INFORMATION them in any way. The petition summary You may submit comments through CONTACT.’’ announces the availability of a the mail, in person, or electronically. To description of the analytical methods E. What Should I Consider as I Prepare ensure proper receipt by EPA, it is available to EPA for the detection and My Comments for EPA? imperative that you identify docket measurement of the pesticide chemical control number PF–914 in the subject You may find the following residues or an explanation of why no line on the first page of your response. suggestions helpful for preparing your such method is needed. 1. By mail. Submit your comments to: comments: Public Information and Records 1. Explain your views as clearly as AgrEvo USA Company Integrity Branch (PIRIB), Information possible. PP 6F4693; 4F4380 Resources and Services Division 2. Describe any assumptions that you (7502C), Office of Pesticide Programs used. EPA has received pesticide petitions (OPP), Environmental Protection 3. Provide copies of any technical (PP 6F4693, PP 4F4380) from AgrEvo Agency, Ariel Rios Bldg., 1200 information and/or data you used that USA Company, 2711 Centerville Road, Pennsylvania Ave., NW., Washington, support your views. Wilmington, DE 19808 proposing, DC 20460. 4. If you estimate potential burden or pursuant to section 408(d) of the Federal 2. In person or by courier. Deliver costs, explain how you arrived at the Food, Drug, and Cosmetic Act (FFDCA), your comments to: Public Information estimate that you provide. 21 U.S.C. 346a(d), to amend 40 CFR part and Records Integrity Branch (PIRIB), 5. Provide specific examples to 180 by establishing tolerances for Information Resources and Services illustrate your concerns. residues of flutolanil in or on the raw Division (7502C), Office of Pesticide 6. Make sure to submit your agricultural commodities potatoes at Programs (OPP), Environmental comments by the deadline in this 0.20 parts per million (ppm), and potato Protection Agency, Rm. 119, Crystal notice. waste (wet) at 0.40 ppm, rice at 2.0 ppm, Mall 2, 1921 Jefferson Davis Highway, 7. To ensure proper receipt by EPA, rice straw at 12.0 ppm, and in or on the Arlington, VA. The PIRIB is open from be sure to identify the docket control processed food commodities rice hulls 8:30 a.m. to 4 p.m., Monday through number assigned to this action in the at 7.0 ppm and rice bran at 3.0 ppm. Friday, excluding legal holidays. The subject line on the first page of your EPA has determined that the petitions PIRIB telephone number is (703) 305– response. You may also provide the contain data or information regarding 5805. name, date, and Federal Register the elements set forth in section 3. Electronically. You may submit citation. 408(d)(2) of the FFDCA; however, EPA your comments electronically by e-mail II. What Action is the Agency Taking? has not fully evaluated the sufficiency to: ‘‘[email protected] ,’’ or you can of the submitted data at this time or submit a computer disk as described EPA has received pesticide petitions whether the data supports granting of above. Do not submit any information as follows proposing the establishment the petitions. Additional data may be electronically that you consider to be and/or amendment of regulations for needed before EPA rules on the CBI. Avoid the use of special characters residues of certain pesticide chemicals petitions. and any form of encryption. Electronic in or on various food commodities A. Residue Chemistry submissions will be accepted in under section 408 of the Federal Food, Wordperfect 6.1/8.0 or ASCII file Drug, and Comestic Act (FFDCA), 21 1. Plant metabolism. The metabolism format. All comments in electronic form U.S.C. 346a. EPA has determined that of flutolanil in plants is adequately must be identified by docket control these petitions contain data or understood for the purposes of this number PF–914. Electronic comments information regarding the elements set petition. Plant metabolism studies have may also be filed online at many Federal forth in section 408(d)(2); however, EPA been conducted in rice, cucumber, and Depository Libraries. has not fully evaluated the sufficiency peanuts. The metabolic profile for of the submitted data at this time or flutolanil was similar in all three crops. D. How Should I Handle CBI That I whether the data supports granting of The major route of degradation was 4′- Want to Submit to the Agency? the petition. Additional data may be O-dealkylation to Do not submit any information needed before EPA rules on the petition. desisopropylflutolanil, followed by electronically that you consider to be List of Subjects conjugation. Other metabolites may CBI. You may claim information that occur at very low levels due to you submit to EPA in response to this Environmental protection, hydroxylation and oxidation of the side document as CBI by marking any part or Agricultural commodities, Feed chain, hydroxylation of the aniline ring, all of that information as CBI. additives, Food additives, Pesticides and methylation of the hydroxyl groups. Information so marked will not be and pests, Reporting and recordkeeping These minor metabolites were also disclosed except in accordance with requirements. subject to conjugation. The residues of procedures set forth in 40 CFR part 2. Dated: January 7, 2000. concern are the parent, flutolanil, and In addition to one complete version of James Jones, desisopropylflutolanil. the comment that includes any Director, Registration Division, Office of 2. Analytical method. The analytical information claimed as CBI, a copy of Pesticide Programs. method designated AU-95R-04 has been the comment that does not contain the independently validated and is information claimed as CBI must be Summaries of Petitions adequate for enforcement purposes. A submitted for inclusion in the public Petitioner summaries of the pesticide multi-residue method for flutolanil has version of the official record. petitions are printed below as required been previously submitted to the EPA. Information not marked confidential by section 408(d)(3) of the FFDCA. The The method is for use only by

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3692 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices experienced chemists who have to 1,936 mg/kg/day). The Agency, C. Aggregate Exposure demonstrated knowledge of the however, has concluded that the 1. Dietary exposure. Flutolanil is principles of trace organic analysis and NOAEL of the original study (63 mg/kg/ registered for use on rice, peanuts, and have proven skills and abilities to run day) should continue to be used for risk turf and ornamentals. Registration for a complex residue analytical method, assessment. use on potatoes as a seed piece obtaining accurate results at the part per 4. Subchronic toxicity. A 90–day rat treatment has been proposed. Potential billion level. Users of this method are feeding study was conducted at dose sources of non-occupational exposure expected to perform additional method levels of 500, 4,000 and 20,000 ppm. would consist of any potential residues validation prior to using the method for The NOAEL in this study was in food and drinking water, and from either monitoring or enforcement. The considered to be 500 ppm (equivalent to uses of flutolanil on residential turf or method can detect gross misuse. 37 mg/kg/day for males and 44 mg/kg/ ornamentals. As previously indicated, 3. Magnitude of residues. Fourteen day for females) based on increased in the absence of any acute toxicity residue trials were conducted to liver weights at 4,000 ppm and slightly concerns, only chronic exposures have determine the residues of flutolanil in decreased body weights at 20,000 ppm. potatoes after use as a seed piece been evaluated. 5. Chronic toxicity. In a 2–year i. Food. Time-limited tolerances have protectant. Potato seed pieces were chronic toxicity/oncogenicity study, been previously established for treated with flutolanil, planted, and the flutolanil was administered to rats at flutolanil in/on rice commodities, and harvested potatoes analyzed for residues dietary levels of 0, 40, 200, 2,000 and tolerances with no time limitations are of flutolanil. In these studies, flutolanil- 10,000 ppm. The NOAEL was derived residues ranged from non- established for peanut commodities, considered to be 2,000 ppm (86.9 mg/ meat, milk, and eggs. Tolerances have detectable (< 0.05 ppm) to 0.11 ppm in kg/day for males and 103.1 mg/kg/day potato tubers. been proposed for flutolanil on potatoes. for females) based on reduced body Potential dietary exposures to flutolanil A processing study was also weight gain in males and increased liver conducted to support the use of from these food commodities were weights in females at 10,000 ppm. No  flutolanil as a potato seed piece assessed using the Exposure 1 software evidence of carcinogenicity was protectant. Concentration of residues system (TAS, Inc.) and food observed. was observed into wet peel (1.7x). No consumption data from the 1977–1978 6. Animal metabolism. Studies in rats, concentration was observed in potato USDA Continuing Surveys of Food ruminants and poultry suggest that granules, chips, or flakes. Consumption by Individuals (CSFII). flutolanil is not well-absorbed following For the purposes of this assessment, it B. Toxicological Profile oral administration. Once absorbed, was assumed that 100% of all of the 1. Acute toxicity. A battery of acute however, it is rapidly metabolized, above commodities contained residues studies was conducted indicating an primarily to desisopropylflutolanil and of flutolanil at the existing or proposed acute oral lethal dose50 (LD50) of > its conjugates, and rapidly excreted via tolerance levels. 10,000 milligrams/kilograms (mg/kg) for urine and feces. ii. Drinking water. The potential for rats and mice; an acute rat dermal LD50 7. Endocrine effects. No special flutolanil to leach into ground water has of > 2,000 mg/kg; an acute rat inhalation studies have been conducted to been assessed in two terrestrial field LC50 of > 5.98 mg/L; no dermal investigate the potential of flutolanil to dissipation studies, a long-term irritation; slight eye irritation; and no induce estrogenic or other endocrine terrestrial field dissipation study, and evidence of dermal sensitization. effects. However, no evidence of such an aquatic field dissipation study. 2. Genotoxicity. Flutolanil has been effects has been observed in the Under field conditions, the half-life of tested in a battery of in vitro and in vivo subchronic, chronic or reproductive flutolanil varied from 101 to 123 days in assays. No evidence of genotoxicity was studies previously discussed. Thus, the the long-term field soil dissipation noted in gene mutation assays with potential for flutolanil to cause study, which was consistent with the Salmonella, E. coli or mouse lymphoma endocrine effects is considered to be other field studies, and was cells; a mouse micronucleus assay, or in minimal. approximately 180 days in the aquatic an in vitro unscheduled DNA synthesis 8. Toxicity endpoint selection. environment. Flutolanil strongly assay. A weakly positive response was Flutolanil is of low acute toxicity via all adsorbs to soil following application noted in an in vitro cytogenetics assay routes of administration and did not and did not exhibit mobility under in Chinese hamster lung cells but no induce significant maternal or either terrestrial or aquatic conditions. evidence of clastogenicity was noted in developmental toxicity in either rats or The water solubility of flutolanil is quite an in vitro cytogenetics assay in human rabbits, even at the limit dose of 1,000 low (equivalent to 5.0 ppm). Based on lymphocytes. The overall weight of mg/kg/day. Furthermore, no evidence of these environmental fate data and the evidence indicates that flutolanil is not toxicity was noted following repeated conditions of use, the potential for genotoxic. dosing at 1,000 mg/kg/day in a 21–day movement of flutolanil into ground 3. Reproductive and developmental dermal toxicity study. water is very low, and as such the toxicity. A 3–generation rat Thus, acute dietary, occupational and potential contribution of any such reproduction study was conducted at residential risk assessments are not residues to the total dietary intake of dietary concentrations of 0, 1,000 and considered necessary. The Agency has flutolanil will be negligible. No 10,000 ppm. The no observed adverse concluded that the chronic Referene Maximum Contaminant Level or Health effect level (NOAEL) for this study is Dose (RfD) for flutolanil should be 0.63 Advisory Level for residues of flutolanil considered to be 1,000 ppm (equivalent mg/kg/day, based on the NOAEL of 63 in drinking water has been established. to 63 mg/kg/day), based on reduced pup mg/kg/day from the first rat 2. Non-dietary exposure. As a weights late in lactation at 10,000 ppm. multigeneration reproduction study and professional use turf and ornamental Because the Agency considered this a 100–fold Uncertainty Factor. The fungicide, flutolanil is used primarily (> study supplementary, a 2–generation rat Agency has also determined that the 95%) on golf courses for control of reproduction study was subsequently carcinogenicity classification for brown patch disease (Rhizoctonia conducted at dietary concentrations of flutolanil should be ‘‘Group E--Evidence solani). Very limited use of flutolanil 200, 2,000 and 20,000 ppm (equivalent of Non-Carcinogenicity for Humans.’’ may occur on commercial ornamental

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3693 turf by professional lawn care reflect the higher test material intake in I. General Information applicators or on sod farms. The these pups on a mg/kg basis compared A. Does this Action Apply to Me? product is rarely, if ever, used on to the adults. Thus, AgrEvo believes that homeowner turf due to the fact that the the overall weight of evidence does not You may be affected by this action if diseases it controls (Brown patch, Fairy indicate any special concern for infants you are an agricultural producer, food ring, and snow molds) occur in high- and children, and that no additional manufacturer or pesticide manufacturer. fertility, high-maintenance turf (e.g., golf safety factor is necessary. Potentially affected categories and courses), not in homeowner lawns. Based on the existing and proposed entities may include, but are not limited Thus, non-dietary exposure to flutolanil tolerances in rice, potatoes, peanuts, to: would be minimal. Furthermore, no and secondary commodities, the TMRC dermal toxicity endpoints of concern from the current petition is estimated to have been identified for flutolanil. Thus, be 0.006498 mg/kg/day for the most an assessment of non-dietary exposure Cat- NAICS Examples of poten- highly exposed subpopulation, non- egories codes tially affected entities and risk is not considered to be nursing infants (less than 1 year old). necessary. This exposure would utilize Industry 111 Crop production D. Cumulative Effects approximately 1% of the RfD. Therefore, 112 Animal production there is a reasonable certainty that no 311 Food manufacturing Flutolanil has demonstrated only harm will result to infants or children 32532 Pesticide manufac- minimal toxicity in animal studies. The from aggregate exposure to flutolanil. turing mechanism of this toxicity is unknown. Furthermore, there are no available data F. International Tolerances This listing is not intended to be to indicate that flutolanil has a common No Codex Alimentarius Commission exhaustive, but rather provides a guide mechanism of toxicity with other (CODEX) tolerances have been for readers regarding entities likely to be substances. Thus, only the potential established for flutolanil. affected by this action. Other types of entities not listed in the table could also risks from flutolanil are being [FR Doc. 00–1551 Filed 1–21–00; 8:45 am] considered in this document. be affected. The North American BILLING CODE 6560±50±F Industrial Classification System E. Safety Determination (NAICS) codes have been provided to 1. U.S. population. Based on the ENVIRONMENTAL PROTECTION assist you and others in determining existing and proposed tolerances in AGENCY whether or not this action might apply potatoes, rice, peanuts and, secondary to certain entities. If you have questions commodities, the Theoretical Maximum [PF±911; FRL±6485±5] regarding the applicability of this action Residue Contribution (TMRC) of the to a particular entity, consult the person current action is estimated to be Notice of Filing a Pesticide Petition to listed under ‘‘FOR FURTHER 0.001353 mg/kg/day for the U.S. Establish a Tolerance for Certain INFORMATION CONTACT.’’ population in general. This exposure Pesticide Chemicals in or on Food would utilize less than 1% of the RfD. B. How Can I Get Additional AGENCY: Environmental Protection Information, Including Copies of this There is generally no concern for Agency (EPA). exposures below 100% of the RfD since Document and Other Related ACTION: Notice. the RfD represents the exposure level at Documents? or below which daily exposure over a SUMMARY: This notice announces the 1. Electronically. You may obtain lifetime will not pose any appreciable initial filing of pesticide petitions electronic copies of this document, and risks to human health. Therefore, there proposing the establishment of certain other related documents that is a reasonable certainty that no harm regulations for residues of certain might be available electronically, from will result in the U.S. population in pesticide chemicals in or on various the EPA Internet Home Page at http:// general from aggregate exposure to food commodities. www.epa.gov/. To access this flutolanil. document, on the Home Page select DATES: Comments, identified by docket 2. Infants and children. Data from ‘‘Laws and Regulations’’ and then look control number PF–911, must be reproductive and developmental up the entry for this document under received on or before February 23, 2000. toxicity studies are generally used to the ‘‘Federal Register--Environmental assess the potential for increased ADDRESSES: Comments may be Documents.’’ You can also go directly to sensitivity of infants and children. No submitted by mail, electronically, or in the Federal Register listings at http:// evidence of developmental toxicity was person. Please follow the detailed www.epa.gov/fedrgstr/. noted in rats or rabbits, even at the limit instructions for each method as 2. In person. The Agency has dose of 1,000 mg/kg/day. Reduced pup provided in Unit I.C. of the established an official record for this weights in the absence of parental ‘‘SUPPLEMENTARY INFORMATION.’’ action under docket control number PF– toxicity were noted at the high-dose To ensure proper receipt by EPA, it is 911. The official record consists of the level (10,000 ppm) in a 3–generation rat imperative that you identify docket documents specifically referenced in reproduction study. However, no such control number PF–911 in the subject this action, any public comments effects were noted in a subsequent line on the first page of your response. received during an applicable comment reproduction study, even at a higher FOR FURTHER INFORMATION CONTACT: By period, and other information related to dose level (20,000 ppm). Furthermore, mail: Judy Loranger, Biopesticides and this action, including any information the reduced weight gain in the first Pollution Prevention Division (7511C), claimed as confidential business study began late in the lactation period, Office of Pesticide Programs, information (CBI). This official record at a time when the pups were likely Environmental Protection Agency, 401 includes the documents that are ingesting significant quantities of diet. M St., SW., Washington, DC 20460; physically located in the docket, as well Feed intake is much higher in young telephone number: (703) 308–8056; e- as the documents that are referenced in animals than in adults and the apparent mail address: [email protected]. those documents. The public version of increase in sensitivity may simply SUPPLEMENTARY INFORMATION: the official record does not include any

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3694 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices information claimed as CBI. The public In addition to one complete version of Dated: January 10, 2000. version of the official record, which the comment that includes any Janet L. Andersen, includes printed, paper versions of any information claimed as CBI, a copy of Director, Biopesticides and Pollution electronic comments submitted during the comment that does not contain the Prevention Division, Office of Pesticide an applicable comment period, is information claimed as CBI must be Programs. available for inspection in the Public submitted for inclusion in the public Summaries of Petitions Information and Records Integrity version of the official record. Branch (PIRIB), Rm. 119, Crystal Mall 2 Information not marked confidential Pursuant to section 408(d)(2)(A)(i) of (CM 2), 1921 Jefferson Davis Highway, will be included in the public version the FFDCA, as amended, Bird Shield Arlington, VA, from 8:30 a.m. to 4 p.m., of the official record without prior Repellent Corporation has submitted the Monday through Friday, excluding legal notice. If you have any questions about following summary of information, data, holidays. The PIRIB telephone number CBI or the procedures for claiming CBI, and arguments in support of their is (703) 305–5805. please consult the person identified pesticide petitions. These summaries were prepared by Bird Shield Repellent C. How and to Whom Do I Submit under ‘‘FOR FURTHER INFORMATION CONTACT.’’ Corporation and EPA has not fully Comments? evaluated the merits of the pesticide You may submit comments through E. What Should I Consider as I Prepare petition. The summaries may have been the mail, in person, or electronically. To My Comments for EPA? edited by EPA if the terminology used ensure proper receipt by EPA, it is You may find the following was unclear, the summaries contained imperative that you identify docket suggestions helpful for preparing your extraneous material, or the summaries control number PF–911 in the subject comments: unintentionally made the reader conclude that the findings reflected line on the first page of your response. 1. Explain your views as clearly as EPA’s position and not the position of 1. By mail. Submit your comments to: possible. Public Information and Records the petitioner. 2. Describe any assumptions that you Integrity Branch (PIRIB), Information used. I. Bird Shield Repellent Corporation Resources and Services Division 3. Provide copies of any technical (7502C), Office of Pesticide Programs 9F5055 information and/or data you used that (OPP), Environmental Protection support your views. EPA has received a pesticide petition Agency, 401 M St., SW., Washington, 4. If you estimate potential burden or 9F5055 from Bird Shield Repellent DC 20460. Corporation, P.O. Box 785, Pullman, 2. In person or by courier. Deliver costs, explain how you arrived at the estimate that you provide. WA 99163, proposing pursuant to your comments to: Public Information section 408(d) of the Federal Food, 5. Provide specific examples to and Records Integrity Branch (PIRIB), Drug, and Cosmetic Act (FFDCA), 21 illustrate your concerns. Information Resources and Services U.S.C. 346a(d), to amend 40 CFR part Division (7502C), Office of Pesticide 6. Make sure to submit your 180 to establish an exemption from the Programs (OPP), Environmental comments by the deadline in this requirement of a tolerance for the Protection Agency, Rm. 119, CM 2, 1921 notice. biochemical pesticide methyl Jefferson Davis Highway, Arlington, VA. 7. To ensure proper receipt by EPA, anthranilate in or on sunflower. The PIRIB is open from 8:30 a.m. to 4 be sure to identify the docket control p.m., Monday through Friday, excluding number assigned to this action in the A. Product Name and Proposed Use legal holidays. The PIRIB telephone subject line on the first page of your Practices number is (703) 305–5805. response. You may also provide the The commercial name for the end use 3.Electronically. You may submit your name, date, and Federal Register product containing methyl anthranilate comments electronically by e-mail to: citation. (MA) is Bird Shield Repellent, EPA Reg. ‘‘[email protected],’’ or you can II. What Action is the Agency Taking? No. 66550–1. The product was approved submit a computer disk as described for use as a bird repellent on cherries, above. Do not submit any information EPA has received a pesticide petition blueberries and grapes on October 3, electronically that you consider to be as follows proposing the establishment 1995. The active ingredient, methyl CBI. Avoid the use of special characters and/or amendment of regulations for anthranilate, is a natural constituent of and any form of encryption. Electronic residues of certain pesticide chemical in concord and heavy red grapes. It is submissions will be accepted in or on various food commodities under listed by the U.S. Food and Drug Wordperfect 6.1/8.0 or ASCII file section 408 of the Federal Food, Drug, Administration (FDA) as a flavoring format. All comments in electronic form and Comestic Act (FFDCA), 21 U.S.C. compound under 21 CFR 182.60 and is must be identified by docket control 346a. EPA has determined that this classified as a Generally Recognized as number PF–911. Electronic comments petition contains data or information Safe (GRAS) compound by the Expert may also be filed online at many Federal regarding the elements set forth in panel of the Flavoring and Extract Depository Libraries. section 408(d)(2); however, EPA has not Manufacturer’s Association (FEMA No. fully evaluated the sufficiency of the 2682). An exemption from the D. How Should I Handle CBI That I submitted data at this time or whether requirement of a tolerance for the active Want to Submit to the Agency? the data supports granting of the ingredient, methyl anthranilate for Do not submit any information petition. Additional data may be needed cherries, blueberries and grapes under electronically that you consider to be before EPA rules on the petition. 40 CFR 180.1143 became effective on CBI. You may claim information that April 26, 1995, as published in the List of Subjects you submit to EPA in response to this Federal Register (60 FR 20432) (FRL– document as CBI by marking any part or Environmental protection, 4941–8). all of that information as CBI. Agricultural commodities, Feed The mode of action is physical Information so marked will not be additives, Food additives, Pesticides whereby the repellent irritates the bird’s disclosed except in accordance with and pests, Reporting and recordkeeping taste buds, olfactory sensors and skin. procedures set forth in 40 CFR part 2. requirements. For this petition, methyl anthranilate is

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3695 sprayed in a water solution at a rate of cleared in 8 to 21 days in a rabbit eye demonstrated by the results of acute 0.2862 pounds (lbs) per acre to irritation assay. toxicity testing in mammals in which sunflowers twice at 7-day intervals until 2. Avian. Methyl anthranilate exhibits the chemical caused no adverse effects harvest. Applications to the crop can be little or no avian toxicity. Methyl when dosed orally and via inhalation at applied up to 2 days before harvest. anthranilate’s irritating properties to the limit dose for each study. Thus the avian species preclude ingestion. In an aggregate exposure to methyl B. Product Identity/Chemistry acute oral avian toxicity study, methyl anthranilate over a lifetime should pose 1. Identity of the pesticide and anthranilate was found to be practically negligible risks to human health. corresponding residues. Methyl non-toxic to bobwhite quail. In a dietary 2. Infants and children. Based on the anthranilate is a common component of study, methyl anthranilate was lack of toxicity and low exposure there concord and other red grapes as well as determined to be practically non-toxic is reasonable certainty of no harm to neroli, ylang-ylang, bergamot, jasmine to mallard ducks. Based on these infants, children or adults from and other essential oils. It is studies, Bird Shield Repellent aggregate exposure to the chemical’s synthetically obtained by esterifying Corporation concludes that methyl residues. Exempting methyl anthranilate anthranilic acid with methanol in the anthranilate poses no unique or from the requirement of a tolerance presence of hydrochloric acid. In its additional risk to avian species. should pose no significant risk to crystalline form it is slightly soluble in human health or the environment. water and freely soluble in alcohol or D. Aggregate Exposure G. Effects on the Immune and Endocrine ether. Methyl anthranilate is commonly 1. Dietary exposure —i. Food. The Systems used as a perfume for ointments and active ingredient in Bird Shield cosmetics, and a flavoring agent in Repellent Concentrate, methyl Bird Shield Repellent Corporation has confectionary products, drugs and anthranilate, is applied at a rate of no information to suggest that methyl beverages. Methyl anthranilate readily 0.2862 lbs per acre. Because of the low anthranilate will adversely affect the volatilizes under ultraviolet (uv) light use rates, no active ingredient residues immune or endocrine systems. and elevated temperatures. are detectable using available methods H. Existing Tolerances 2. Magnitude of residue at the time of on treated crops even immediately after harvest and method used to determine application. Because of it’s volatility, An exemption from the requirement the residue. Residue studies, using gas and degradation when exposed to of a tolerance for the active ingredient, chromatography and mass spectrometry, ultraviolet light and elevated methyl anthranilate for cherries, show no residues at the time of harvest. temperatures, no residues are expected blueberries and grapes under 40 CFR No residues of methyl anthranilate are at harvest. Dietary exposure to methyl 180.1143 became effective in the expected to occur at the time of harvest anthranilate, via consumption of the Federal Register of April 26, 1995 (60 and thus the purpose for proposing an treated food or feed, is expected to be FR 20432). exemption from the requirement of a low to negligible. I. International Tolerances tolerance. ii. Drinking water. The active Bird Shield Repellent Corporation is 3. A statement of why an analytical ingredient is unlikely to be found in not aware of any tolerance, exemption method for detecting and measuring the drinking water given the very low from tolerance or maximum residue levels of the pesticide residue are not application rate and rapid degradation levels (MRLs) issued for methyl needed. The analytical method for in soil. anthranilate outside the United States. detecting and measuring the levels of 2. Non-dietary exposure. Bird Shield the residue is described above. Repellent Corporation believes that the II. Bird Shield Repellent Corporation potential for non-dietary exposure to the C. Mammalian Toxicological Profile 9F5056 general population, including infants Methyl anthranilate is approved by and children, is unlikely as the EPA has received a pesticide petition the FDA for food use as an artificial proposed use is primarily to the 9F5056 from Bird Shield Repellent flavoring and fragrance agent. Bird external, non-edible portions of the Corporation, P.O. Box 785, Pullman, Shield Repellent Corporation has crop. This mode of application would WA 99163, proposing pursuant to reviewed the acute toxicological studies not be expected to pose any quantifiable section 408(d) of the FFDCA, 21 U.S.C. associated with these approvals and risks due to lack of residues of 346a(d), to amend 40 CFR part 180 to conducted additional studies for toxicological concern. Increased non- establish an exemption from the verification. Summaries of these studies dietary exposure of methyl anthranilate requirement of a tolerance for the are presented below: is not considered likely because of the biochemical pesticide methyl 1. Mammalian. Methyl anthranilate low use rates and the lack of persistence anthranilate in or on corn. exhibits little or no mammalian toxicity. of the active ingredient. Methyl anthranilate metabolizes in the A. Product Name and Proposed Use intestine when consumed. The lethal E. Cumulative Exposure Practices dose50 (LD50) values for methyl Consideration of a common mode of The commercial name for the end use anthranilate were estimated to be greater toxicity is not appropriate given there is product containing methyl anthranilate than 5,000 milligrams/kilograms (mg/ no indication of mammalian toxicity of is Bird Shield Repellent, EPA Reg. No. kg) in an acute oral toxicity study in rats methyl anthranilate and no information 66550–1. The product was approved for (Toxicity category IV) and greater than that indicates that the toxic effects use as a bird repellent on cherries, 2,000 mg/kg in an acute dermal toxicity would be cumulative with any other blueberries and grapes on October 3, study in rats (Toxicity category III). The compounds. Moreover, methyl 1995. The active ingredient, methyl LC50 value in an acute inhalation study anthranilate does not exhibit a toxic anthranilate, is a natural constituent of in rats was determined to be greater 2.24 mode of action in its target species. concord and heavy red grapes. It is mg/liters (L) (Toxicity category IV). listed by the FDA as a flavoring Methyl anthranilate was found to cause F. Safety Determination compound under 21 CFR 182.60 and is moderate irritation in a rabbit skin 1. U.S. population. Methyl classified as a GRAS compound by the irritation assay and corneal effects that anthranilate’s lack of toxicity has been Expert panel of FEMA No. 2682. An

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3696 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices exemption from the requirement of a estimated to be greater than 5,000 mg/ no indication of mammalian toxicity of tolerance for the active ingredient, kg in an acute oral toxicity study in rats methyl anthranilate and no information methyl anthranilate for cherries, (Toxicity category IV) and greater than that indicates that the toxic effects blueberries and grapes under 40 CFR 2,000 mg/kg in an acute dermal toxicity would be cumulative with any other 180.1143 became effective on April 26, study in rats (Toxicity category III). The compounds. Moreover, methyl 1995 as published in the Federal LC50 value in an acute inhalation study anthranilate does not exhibit a toxic Register (60 FR 20432) (FRL–4941–8). in rats was determined to be greater 2.24 mode of action in its target species. The mode of action is physical mg/L (Toxicity category IV). Methyl whereby the repellent irritates the bird’s anthranilate was found to cause F. Safety Determination taste buds, olfactory sensors and skin. moderate irritation in a rabbit skin 1. U.S. population. Methyl For this petition, methyl anthranilate is irritation assay and corneal effects that anthranilate’s lack of toxicity has been sprayed in a water solution at a rate of cleared in 8 to 21 days in a rabbit eye demonstrated by the results of acute 0.2862 pounds (lbs.) per acre to corn irritation assay. toxicity testing in mammals in which twice and may be reapplied at 5 to 10 2. Avian. Methyl anthranilate exhibits the chemical caused no adverse effects day intervals until harvest. Applications little or no avian toxicity. Methyl when dosed orally and via inhalation at to the crop can be applied up to 2 days anthranilate’s irritating properties to the limit dose for each study. Thus the before harvest. avian species preclude ingestion. In an aggregate exposure to methyl acute oral avian toxicity study, methyl anthranilate over a lifetime should pose B. Product Identity/Chemistry anthranilate was found to be practically negligible risks to human health. 1. Identity of the pesticide and non-toxic to bobwhite quail. In a dietary 2. Infants and children. Based on the corresponding residues. Methyl study, methyl anthranilate was lack of toxicity and low exposure there anthranilate is a common component of determined to be practically non-toxic is reasonable certainty of no harm to concord and other red grapes as well as to mallard ducks. Based on these infants, children or adults from neroli, ylang-ylang, bergamot, jasmine studies, Bird Shield Repellent aggregate exposure to the chemical’s and other essential oils. It is Corporation concludes that methyl residues. Exempting methyl anthranilate synthetically obtained by esterifying anthranilate poses no unique or from the requirement of a tolerance anthranilic acid with methanol in the additional risk to avian species. should pose no significant risk to presence of hydrochloric acid. In its human health or the environment. crystalline form it is slightly soluble in D. Aggregate Exposure water and freely soluble in alcohol or 1. Dietary exposure —i. Food. The G. Effects on the Immune and Endocrine ether. Methyl anthranilate is commonly active ingredient in Bird Shield Systems used as a perfume for ointments and Repellent Concentrate, methyl Bird Shield Repellent Corporation has cosmetics, and a flavoring agent in anthranilate, is applied at a rate of no information to suggest that methyl confectionary products, drugs and 0.2862 lbs per acre. Because of the low anthranilate will adversely affect the beverages. Methyl anthranilate readily use rates, no active ingredient residues immune or endocrine systems. volatilizes under ultraviolet (uv) light are detectable using available methods and elevated temperatures. on treated crops even immediately after H. Existing Tolerances 2. Magnitude of residue at the time of application. Because of its volatility, An exemption from the requirement harvest and method used to determine and degradation when exposed to of a tolerance for the active ingredient, the residue. Residue studies, using gas ultraviolet light and elevated methyl anthranilate for cherries, chromatograph and mass spectrometry, temperatures, no residues are expected blueberries and grapes under 40 CFR show no residues at the time of harvest. at harvest. Dietary exposure to methyl 180.1143 became effective on April 26, No residues of methyl anthranilate are anthranilate, via consumption of the 1995 (60 FR 20432). expected to occur at the time of harvest treated food or feed, is expected to be I. International Tolerances and thus the purpose for proposing an low to negligible. exemption from the requirement of a ii. Drinking water. The active Bird Shield Repellent Corporation is tolerance. ingredient is unlikely to be found in not aware of any tolerance, exemption 3. A statement of why an analytical drinking water given the very low from tolerance or MRL’s issued for method for detecting and measuring the application rate and rapid degradation methyl anthranilate outside the United levels of the pesticide residue are not in soil. States. needed. The analytical method for 2. Non-dietary exposure. Bird Shield [FR Doc. 00–1550 Filed 1–21–00; 8:45 am] detecting and measuring the levels of Repellent Corporation believes that the BILLING CODE 6560±50±F the residue is described above. potential for non-dietary exposure to the general population, including infants C. Mammalian Toxicological Profile and children, is unlikely as the ENVIRONMENTAL PROTECTION Methyl anthranilate is approved by proposed use is primarily to the AGENCY the FDA for food use as an artificial external, non-edible portions of the [PF±910; FRL±6484±9] flavoring and fragrance agent. Bird crop. This mode of application would Shield Repellent Corporation has not be expected to pose any quantifiable Notice of Filing a Pesticide Petition to reviewed the acute toxicological studies risks due to lack of residues of Establish a Tolerance for Certain associated with these approvals and toxicological concern. Increased non- Pesticide Chemicals in or on Food conducted additional studies for dietary exposure of methyl anthranilate verification. Summaries of these studies is not considered likely because of the AGENCY: Environmental Protection are presented below: low use rates and the lack of persistence Agency (EPA). 1. Mammalian. Methyl anthranilate of the active ingredient. ACTION: Notice. exhibits little or no mammalian toxicity. Methyl anthranilate metabolizes in the E. Cumulative Exposure SUMMARY: This notice announces the intestine when consumed. The LD50 Consideration of a common mode of initial filing of a pesticide petition values for methyl anthranilate were toxicity is not appropriate given there is proposing the establishment of

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3697 regulations for residues of a certain the EPA Internet Home Page at http:// 3. Electronically. You may submit pesticide chemical in or on various food www.epa.gov/. To access this your comments electronically by e-mail commodities. document, on the Home Page select to: ‘‘[email protected],’’ or you can DATES: Comments, identified by docket ‘‘Laws and Regulations’’ and then look submit a computer disk as described control number PF–910, must be up the entry for this document under above. Do not submit any information received on or before February 23, 2000. the ‘‘Federal Register--Environmental electronically that you consider to be ADDRESSES: Comments may be Documents.’’ You can also go directly to CBI. Avoid the use of special characters submitted by mail, electronically, or in the Federal Register listings at http:// and any form of encryption. Electronic person. Please follow the detailed www.epa.gov/fedrgstr/. submissions will be accepted in instructions for each method as 2. In person. The Agency has Wordperfect 6.1/8.0 or ASCII file provided in Unit I.C. of the established an official record for this format. All comments in electronic form ‘‘SUPPLEMENTARY INFORMATION.’’ action under docket control number PF– must be identified by docket control To ensure proper receipt by EPA, it is 910. The official record consists of the number PF–910. Electronic comments imperative that you identify docket documents specifically referenced in may also be filed online at many Federal control number PF–910 in the subject this action, any public comments Depository Libraries. line on the first page of your response. received during an applicable comment D. How Should I Handle CBI That I FOR FURTHER INFORMATION CONTACT: By period, and other information related to Want to Submit to the Agency? mail: Susanne Cerrelli, Biopesticides this action, including any information and Pollution Prevention Division claimed as confidential business Do not submit any information (7511C), Office of Pesticide Programs, information (CBI). This official record electronically that you consider to be Environmental Protection Agency, Ariel includes the documents that are CBI. You may claim information that Rios Bldg., 1200 Pennsylvania Ave., physically located in the docket, as well you submit to EPA in response to this NW.,Washington, DC 20460; telephone as the documents that are referenced in document as CBI by marking any part or number: (703) 308–8077; e-mail address: those documents. The public version of all of that information as CBI. [email protected]. the official record does not include any Information so marked will not be SUPPLEMENTARY INFORMATION: information claimed as CBI. The public disclosed except in accordance with version of the official record, which procedures set forth in 40 CFR part 2. I. General Information includes printed, paper versions of any In addition to one complete version of A. Does this Action Apply to Me? electronic comments submitted during the comment that includes any an applicable comment period, is information claimed as CBI, a copy of You may be affected by this action if available for inspection in the Public the comment that does not contain the you are an agricultural producer, food Information and Records Integrity information claimed as CBI must be manufacturer or pesticide manufacturer. Branch (PIRIB), Rm. 119, Crystal Mall 2 submitted for inclusion in the public Potentially affected categories and (CM 2), 1921 Jefferson Davis Highway, version of the official record. entities may include, but are not limited Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential to: Monday through Friday, excluding legal will be included in the public version Cat- Examples of poten- holidays. The PIRIB telephone number of the official record without prior egories NAICS tially affected entities is (703) 305–5805. notice. If you have any questions about CBI or the procedures for claiming CBI, C. How and to Whom Do I Submit Industry 111 Crop production please consult the person identified Comments? 112 Animal production under ‘‘FOR FURTHER INFORMATION 311 Food manufacturing You may submit comments through CONTACT.’’ 32532 Pesticide manufac- the mail, in person, or electronically. To turing E. What Should I Consider as I Prepare ensure proper receipt by EPA, it is My Comments for EPA? This listing is not intended to be imperative that you identify docket exhaustive, but rather provides a guide control number PF–910 in the subject You may find the following for readers regarding entities likely to be line on the first page of your response. suggestions helpful for preparing your affected by this action. Other types of 1. By mail. Submit your comments to: comments: entities not listed in the table could also Public Information and Records 1. Explain your views as clearly as be affected. The North American Integrity Branch (PIRIB), Information possible. Industrial Classification System Resources and Services Division 2. Describe any assumptions that you (NAICS) codes have been provided to (7502C), Office of Pesticide Programs used. (OPP), Environmental Protection assist you and others in determining 3. Provide copies of any technical Agency, Ariel Rios Bldg., 1200 whether or not this action might apply information and/or data you used that Pennsylvania Ave., NW., Washington, to certain entities. If you have questions support your views. DC 20460. regarding the applicability of this action 4. If you estimate potential burden or 2. In person or by courier. Deliver to a particular entity, consult the person costs, explain how you arrived at the your comments to: Public Information listed under ‘‘FOR FURTHER estimate that you provide. INFORMATION CONTACT.’’ and Records Integrity Branch (PIRIB), Information Resources and Services 5. Provide specific examples to B. How Can I Get Additional Division (7502C), Office of Pesticide illustrate your concerns. Information, Including Copies of this Programs (OPP), Environmental 6. Make sure to submit your Document and Other Related Protection Agency, Rm. 119, CM 2, 1921 comments by the deadline in this Documents? Jefferson Davis Highway, Arlington, VA. notice. 1. Electronically. You may obtain The PIRIB is open from 8:30 a.m. to 4 7. To ensure proper receipt by EPA, electronic copies of this document, and p.m., Monday through Friday, excluding be sure to identify the docket control certain other related documents that legal holidays. The PIRIB telephone number assigned to this action in the might be available electronically, from number is (703) 305–5805. subject line on the first page of your

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3698 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices response. You may also provide the A. Product Name and Proposed Use not applied to growing crops directly. name, date, and Federal Register Practices Residues of Coniothyrium minitans citation. Coniothyrium minitans strain CON/ strain CON/M/91–08 are not expected M/91–08 is proposed for use to control on agricultural commodities. II. What Action is the Agency Taking? 3. A statement of why an analytical Sclerotinia species in the soil of any method for detecting and measuring the EPA has received a pesticide petition agricultural crop. The end-use product, levels of the pesticide residue are not as follows proposing the establishment CONTANSWG, is applied as a spray to needed. An analytical method for and/or amendment of regulations for the soil, which is followed with detecting and measuring the levels of residues of a certain pesticide chemical mechanical incorporation (i.e., rotating) residues is not applicable. Coniothyrium in or on various food commodities into the first one to two inches of the under section 408 of the Federal Food, minitans strain CON/M/91–08 is top soil layer. The product is applied as applied to the soil and immediately Drug, and Comestic Act (FFDCA), 21 a preplant treatment, 3 to 4 months U.S.C. 346a. EPA has determined that mixed into the top soil layer prior to prior to planting the crop, or as a planting the crop, or after harvest. It is this petition contains data or postharvest treatment to plant residues. information regarding the elements set not applied to growing crops directly. forth in section 408(d)(2); however, EPA B. Product Identity/Chemistry Residues of Coniothyrium minitans strain CON/M/91–08 are not expected has not fully evaluated the sufficiency 1. Identity of the pesticide and on agricultural commodities. of the submitted data at this time or corresponding residues. Coniothyrium whether the data supports granting of minitans strain CON/M/91–08 is the C. Mammalian Toxicological Profile the petition. Additional data may be active ingredient in the proposed end- CONTANS WG, the end-use product needed before EPA rules on the petition. use product CONTANS WG.  which contains 5.3% active ingredient, List of Subjects CONTANS WG is currently registered was evaluated for acute toxicity through for use in Germany and Switzerland. An Environmental protection, oral, dermal, inhalation and eye routes application for inclusion of the active of exposure. The results of the studies Agricultural commodities, Feed ingredient (Coniothyrium minitans additives, Food additives, Pesticides indicated Toxicity Category III or IV, strain CON/M/91–08) in Annex I of which pose no significant human health and pests, Reporting and recordkeeping Council Directive 91/414/EEC on the requirements. risks. marketing of plant-protection products The acute oral toxicity of Dated: January 5, 2000. was sanctioned in 1998 and was Coniothyrium minitans strain CON/M/ Janet L. Andersen, published in the European Union 91–08 in rats is greater than 2,500 Director, Registration Division, Office of Gazette. milligrams per kilograms (mg/kg) Pesticide Programs. Coniothyrium minitans was first (Toxicity Category III), the highest dose described after isolation from sclerotia Summary of Petition tested. The acute dermal toxicity of of Sclerotinia sclerotiorum in California Coniothyrium minitans strain CON/M/ Prophyta Biologischer Pflanzenschutz in 1947 and has been investigated as a 91–08 in rats is greater than 2,500 mg/ GmbH pesticide over the last 20 years. The kg (Toxicity Category III), the highest occurrence of Coniothyrium minitans in Pesticide Petition 9F6038 dose tested. The acute intraperitoneal the soil has been reported from many toxicity of Coniothyrium minitans strain EPA has received a pesticide petition countries all over the world. CON/M/91–08 to rats is greater than (PP) 9F6038 from Prophyta Biologischer Coniothyrium minitans strain CON/ 2,000 mg/kg, the highest does tested. Pflanzenschutz GmbH, Inselstrabe 12, M/91–08 is a naturally occurring soil The acute inhalation of Coniothyrium D–23999 Malchow/Poel, Germany, fungus that primarily attacks and infects minitans strain CON/M/91–08 in rats is proposing pursuant to section 408(d) of sclerotia. When the host organism greater than 12.74 milligrams per liter the Federal Food, Drug, and Cosmetic (sclerotia) is present, Coniothyrium (mg/L) of air (Toxicity Category IV). Eye Act (FFDCA), 21 U.S.C. 346a(d), to minitans starts to develop a vegetative irritation in rabbits was not observed at amend 40 CFR part 180 to establish an organism and infects the host. The a dose of 0.1 milliliter (ml) (Toxicity exemption from the requirement of a Coniothyrium minitans population Category IV). Skin irritation in rabbits tolerance for the microbial pesticide decreases when the number of vital was not observed at a dose of 0.5 ml Coniothyrium minitans strain CON/M/ sclerotia drops. The vegetative organism (Toxicity Category IV). No dermal 91–08. disappears and the fungus rests in a sensitization was observed in guinea Pursuant to section 408(d)(2)(A)(i) of spore stage. The spores of Coniothyrium pigs (Toxicity Category IV). Since its the FFDCA, as amended, Prophyta minitans can survive ungerminated in discovery in 1947, no incidents of Biologischer Pflanzenschutz GmbH has disintegrated sclerotia for at least 1 year, hypersensitivity have been reported by submitted the following summary of and the fungus can be recovered from researchers, manufacturers, or users. information, data, and arguments in soil in sclerotia for up to 18 months A waiver is being requested for acute support of their pesticide petition. This following application. However, at soil oral toxicity/pathogenicity, acute summary was prepared by Prophyta temperatures above 25 °C, isolation of dermal toxicity/pathogenicity and acute Biologischer Pflanzenschutz GmbH and Coniothyrium minitans from sclerotia is pulmonary toxicity/pathogenicity data EPA has not fully evaluated the merits not possible after 6 months. requirements, based on the fact that the of the pesticide petition. The summary 2. Magnitude of residue at the time of active ingredient is not able to grow at may have been edited by EPA if the harvest and method used to determine temperatures above 32 °C, and thus terminology used was unclear, the the residue. An analytical method for would not be pathogenic or infective to summary contained extraneous detecting and measuring the levels of humans. A growth temperature study material, or the summary residues is not applicable. Coniothyrium has been submitted to support the unintentionally made the reader minitans strain CON/M/91–08 is waiver request. Additionally, acute conclude that the findings reflected applied to the soil and immediately toxicity studies have determined the EPA’s position and not the position of mixed into the top soil layer prior to end-use product containing the the petitioner. planting the crop, or after harvest. It is organism is not toxic, irritating or

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3699 sensitizing to test animals. Finally, the F. Safety Determination ENVIRONMENTAL PROTECTION organism has never been reported as a AGENCY pathogen of humans, or as causing any 1. U.S. population. Coniothyrium minitans strain CON/M/91–08 does not [OPP±181072; FRL±6485±7] type of adverse effect to humans, in ° published literature or through grow at temperatures above 32 C, and Pesticide Emergency Exemptions; commercial use. thus would not be pathogenic or infective to humans. There have been no Agency Decisions and State and D. Aggregate Exposure reports of toxins or secondary Federal Agency Crisis Declarations metabolites associated with the 1. Dietary exposure —i. Food. Dietary AGENCY: Environmental Protection organism, and acute toxicity studies exposure from use of Coniothyrium Agency (EPA). have shown that Coniothyrium minitans minitans strain CON/M/91–08, as strain CON/M/91–08 is nontoxic, ACTION: Notice. proposed, is minimal. Coniothyrium nonirritating and nonsensitizing when minitans strain CON/M/91–08 is SUMMARY: EPA has granted or denied applied to test animals. applied to the soil and immediately emergency exemptions under the mixed into the top soil layer prior to Coniothyrium minitans strain CON/ Federal Insecticide, Fungicide, and planting the crop, or after harvest. It is M/91–08 is applied to soil and Rodenticide Act (FIFRA) for use of not applied to growing crops directly. immediately mixed into the top soil pesticides as listed in this notice. These Residues of Coniothyrium minitans layer prior to planting the crop, or after exemptions or denials were issued strain CON/M/91–08 are not expected harvest. It is not applied to growing during the period between January 1, on agricultural commodities. crops directly. Residues of 1999, through December 15, 1999, to ii. Drinking water. Exposure to Coniothyrium minitans strain CON/M/ control unforseen pest outbreaks. The humans from residues of Coniothyrium 91–08 are not expected on agricultural actions detailed in this document do not minitans strain CON/M/91–08 in commodities, and therefore, exposure to represent every FIFRA section 18 consumed drinking water would be the general U.S. population, from the emergency exemption decision issued unlikely. In a study to investigate the proposed uses, is not anticipated. by EPA during the above time period. leaching behavior of Coniothyrium 2. Infants and children. As mentioned FOR FURTHER INFORMATION CONTACT: See minitans strain CON/M/91–08, it was above, residues of Coniothyrium each emergency exemption or denial for determined that there is no motility of minitans strain CON/M/91–08 are not the name of a contact person. The the organism in the soil. Thus, it would expected on agricultural commodities. following information applies to all not be possible for the organism to leach There is a reasonable certainty of no contact persons: Team Leader, into drinking water. Also, due to the harm for infants and children from Emergency Response Team, Registration specific requirements for growth of exposure to Coniothyrium minitans Division (7505C), Office of Pesticide Coniothyrium minitans strain CON/M/ strain CON/M/91–08 from the proposed Programs, Environmental Protection 91–08, it is not likely that the organism uses. Agency, Ariel Rios Building, 1200 could survive or persist in water. G. Effects on the Immune and Endocrine Pennsylvania Avenue, NW., 2. Non-dietary exposure. The Systems Washington, DC 20460; telephone potential for non-dietary exposure to the number: (703) 308–9366. general population, including infants Coniothyrium minitans strain CON/ SUPPLEMENTARY INFORMATION: EPA has and children, is unlikely as the M/91–08 is a naturally occurring, granted or denied emergency proposed use sites are commercial, nonpathogenic soil organism. To date exemptions to the following State and agricultural and horticultural settings. there is no evidence to suggest that Federal agencies. The emergency However, non-dietary exposures would Coniothyrium minitans strain CON/M/ exemptions may take the following not be expected to pose any quantifiable 91–08 functions in a manner similar to form: Crisis, public health, quarantine, risk due to a lack of residues of any known hormone, or that it acts as or specific. EPA has also listed denied toxicological concern. an endocrine disrupter. emergency exemption requests in this Personal protective equipment (PPE) H. Existing Tolerances notice. mitigates the potential for exposure to I. General Information applicators and handlers of the There are no existing tolerances for proposed products, when used in this ingredient. A. Does This Action Apply to Me? commercial, agricultural and I. International Tolerances You may be potentially affected by horticultural settings. this action if you petition EPA for A Codex Alimentarium Commission E. Cumulative Exposure authorization under section 18 of FIFRA Maximum Residue Level (MRL) is not to use pesticide products which are It is not expected that, when used as required for Coniothyrium minitans otherwise unavailable for a given use. proposed, Coniothyrium minitans strain strain CON/M/91–08. Potentially affected categories and CON/M/91–08 would result in residues [FR Doc. 00–1552 Filed 1–21–00; 8:45 am] entities may include, but are not limited that would remain in human food items. BILLING CODE 6560±50±F to:

Categories NAICS codes Examples of potentially affected entities

State and Territorial government agencies charged with pesticide au- 9241 State agencies that petition EPA for section 18 pes- thority ticide use authorization

This listing is not intended to be regulated by this action. Other types of American Industrial Classification exhaustive, but rather provides a guide entities not listed in the table in this System (NAICS) codes have been for readers regarding entities likely to be unit could also be regulated. The North provided to assist you and others in

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3700 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices determining whether or not this action 2. ‘‘Quarantine’’ and ‘‘public health’’ EPA authorized the use of applies to certain entities. To determine exemptions are a particular form of tebufenozide in pasture land to control whether you or your business is affected specific exemption issued for fall army worms; September 17, 1999, to by this action, you should carefully quarantine or public health purposes. October 31, 1999. Contact: Barbara examine the applicability provisions. If These are rarely requested. Madden you have any questions regarding the 3. A ‘‘crisis exemption’’ is initiated by Arizona applicability of this action to a a State or Federal agency (and is Department of Agriculture particular entity, consult the person confirmed by EPA) when there is Denial: On October 21, 1999 EPA listed under ‘‘FOR FURTHER insufficient time to request and obtain denied the use of fipronil on cotton to INFORMATION CONTACT.’’ EPA permission for use of a pesticide in control Lygus bugs. This request was an emergency. B. How Can I Get Additional denied because the claim of resistance EPA may deny an emergency was not fully substantiated. Contact: Information or Copies of This Document exemption: If the State or Federal or Other Documents? Andrew Ertman. agency cannot demonstrate that an Specific: EPA authorized the use of 1. Electronically . You may obtain emergency exists, if the use poses tebuconazole on garlic to control garlic electronic copies of this document, and unacceptable risks to the environment, rust; May 19, 1999, to December 31, certain other related documents that or if EPA cannot reach a conclusion that 1999. Contact: Steve Schaible might be available electronically, from the proposed pesticide use is likely to EPA authorized the use of the EPA Internet Home Page at http:// result in ‘‘a reasonable certainty of no metolachlor on spinach to control www.epa.gov/. To access this harm’’ to human health, including weeds; September 16, 1999, to May 15, document, on the Home Page select exposure of residues of the pesticide to 2000. Contact: Andrew Ertman infants and children. ‘‘Laws and Regulations’’ and then look EPA authorized the use of coumaphos If the emergency use of the pesticide up the entry for this document under in beehives to control varroa mite and the ‘‘Federal Register—Environmental on a food or feed commodity would result in pesticide chemical residues, small hive beetle October 27, 1999, to Documents.’’ You can also go directly to EPA establishes a time-limited tolerance October 21, 2000. Contact: Barbara the Federal Register listings at http:// meeting the ‘‘reasonable certainty of no Madden www.epa.gov/fedrgstr/. harm standard’’ of the Federal Food, Arkansas 2. In person. The Agency has Drug, and Cosmetic Act (FFDCA). State Plant Board established an official record for this In this document: EPA identifies the Crisis: On June 8, 1999, for the use of action under docket control number State or Federal agency granted the sodium chlorate on wheat as a harvest OPP–181072. The official record exemption or denial, the type of aid. This program ended on June 22, consists of the documents specifically exemption, the pesticide authorized and 1999. Contact: Libby Pemberton referenced in this action, and other the pests, the crop or use for which On August 9, 1999, for the use of information related to this action, authorized, number of acres (if maleic hydrazide on rice to control red including any information claimed as applicable), and the duration of the rice. This program ended on August 24, Confidential Business Information (CBI). exemption. EPA also gives the Federal 1999. Contact: Steve Schaible This official record includes the Register citation for the time-limited Denial: On February 16, 1999 EPA documents that are physically located in tolerance, if any. denied the use of bispyribac-sodium on the docket, as well as the documents rice to control Bermuda grass. This that are referenced in those documents. III. Emergency Exemptions and Denials request was denied because at this time The public version of the official record A. U.S. States and Territories the Agency is not able to reach a does not include any information ‘‘reasonable certainty of no harm’’ claimed as CBI. The public version of Alabama Department of Agriculture and finding regarding health effects which the official record, which includes Industries may result if this use were to occur. printed, paper versions of any electronic Crisis: On August 24, 1999, for the use Additionally, EPA is unable at this time comments submitted during an of tebufenozide on pasture land to to conclude that there will not be applicable comment period is available control fall army worms. This program unacceptable adverse effects to the for inspection in the Public Information ended on October 31, 1999. Contact: environment, including non-target and Records Integrity Branch (PIRIB), Barbara Madden organisms, endangered species, and Rm. 119, Crystal Mall 2, 1921 Jefferson On August 26, 1999, for the use of ground water resources. Bispyribac- Davis Hwy., Arlington, VA, from 8:30 spinosad on soybeans to control sodium is an unregistered chemical for a.m. to 4 p.m., Monday through Friday, caterpillars. This program ended on which EPA has minimal data previously excluding legal holidays. The PIRIB September 10, 1999. Contact: Andrew reviewed. Contact: David Deegan. telephone number is (703) 305–5805. Ertman On May 6, 1999 EPA denied the use II. Background Specific: EPA authorized the use of of fenoxaprop-ethyl on rice to control coumaphos in beehives to control varroa Bermuda grass. This request was denied Under FIFRA section 18, EPA can mites and small hive beetle; April 9, because this formulation of the pesticide authorize the use of a pesticide when 1999, to December 31, 1999. Contact: included a new and unregistered inert emergency conditions exist. Barbara Madden ingredient, for which the Agency does Authorizations (commonly called EPA authorized the use of not have adequate amounts of emergency exemptions) are granted to chlorfenapyr on cotton to control beet previously reviewed data with which it State and Federal agencies and are of armyworm; June 14, 1999, to September is able to reach a ‘‘reasonable certainty four types: 30, 1999. Contact: Andrea Beard of no harm’’ finding regarding health 1. A ‘‘specific exemption’’ authorizes EPA authorized the use of emamectin effects which may result if this use were use of a pesticide against specific pests benzoate on cotton to control beet to occur. Contact: David Deegan. on a limited acreage in a particular armyworm and tobacco budworm; Specific: EPA authorized the use of State. Most emergency exemptions are August 3, 1999, to September 30, 1999. carbofuran flowable formulation on specific exemptions. Contact: Andrea Beard cotton to control aphids; April 30, 1999,

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3701 to September 30, 1999. Contact: David 1999, to September 30, 1999. Contact: Specific: EPA authorized the use of Deegan Barbara Madden propiconazole on blueberries to control EPA authorized the use of coumaphos EPA authorized the use of coumaphos mummy berry disease; March 15, 1999, in beehives to control varroa mite and in beehives to control varroa mites and to June 30, 1999. Contact: Steve small hive beetle June 3, 1999, to June small hive beetles; July 23, 1999, to July Schaible 3, 2000. Contact: Barbara Madden 20, 2000. Contact: Barbara Madden EPA authorized the use of coumaphos EPA authorized the use of emamectin EPA authorized the use of in beehives to control varroa mite and benzoate on cotton to control beet imidacloprid on turnip greens and small hive beetle September 2, 1999, to armyworm June 4, 1999, to September garden beets to control aphids; August August 31, 2000. Contact: Barbara 30, 1999. Contact: Andrea Beard 30, 1999, to August 6, 2000. Contact: Madden EPA authorized the use of Andrew Ertman Delaware chlorfenapyr on cotton to control beet EPA authorized the use of avermectin Department of Agriculture armyworm June 14, 1999, to September on celeriac to control two spotted spider Specific: EPA authorized the use of 30, 1999. Contact: Andrea Beard mite; September 10, 1999, to September chlorpropham on spinach to control EPA authorized the use of emamectin 10, 2000. Contact: Dan Rosenblatt chickweed; March 1, 1999, to March 5, benzoate on cotton to control tobacco EPA authorized the use of carboxin on 2000. Contact: David Deegan budworm June 18, 1999, to September onion seed to control onion smut; EPA authorized the use of coumaphos 30, 1999. Contact: Andrea Beard September 30, 1999, to May 31, 2000. in beehives to control varroa mites and EPA authorized the use of Contact: Steve Schaible small hive beetle; March 24, 1999, to tebufenozide on cotton to control beet EPA authorized the use of cyromazine March 24, 2000. Contact: Barbara armyworm June 18, 1999, to September on onion seed to control onion maggots; Madden 30, 1999. Contact: Andrea Beard October 5, 1999, to May 31, 2000. EPA authorized the use of California Contact: Steve Schaible myclobutanil on cucurbit vegetables to Environmental Protection Agency, EPA authorized the use of paraquat on control powdery mildew; July 16, 1999, Department of Pesticide Regulation artichokes to control various weeds and to September 30, 1999. Contact: David Crisis: On July 19, 1999, for the use grasses; November 3, 1999, to November Deegan of spinosad on blackeyed beans to 3, 2000. Contact: Libby Pemberton Florida control leafminers. This program ended EPA authorized the use of Department of Agriculture and on October 1, 1999. Contact: Andrew tebuconazole on garlic to control garlic Consumer Services Ertman rust; November 4, 1999, to July 3, 2000. Crisis: On January 15, 1999, for the On November 1, 1999, for the use of Contact: Steve Schaible use of tebufenozide on lychee to control paraquat on artichokes to control EPA authorized the use of spinosad Lychee webworm. This program is various weeds and grasses. This on agricultural commodities to control expected to end on March 1, 2000. program ended on November 1, 2000. exotic fruit flies in quarantine Contact: Barbara Madden Contact: Libby Pemberton certification programs throughout the On March 2, 1999, for the use of Specific: EPA authorized the use of State; November 8, 1999, to November tebuconazole on barley to control barley tebufenozide on longan to control 8, 2002. Contact: Dan Rosenblatt Lychee webworm. This program is stripe rust; April 9, 1999, to August 15, EPA authorized the use of expected to end on March 1, 2000. 1999. Contact: Steve Schaible imidacloprid on strawberries to control Contact: Barbara Madden EPA authorized the use of whiteflies; December 24, 1999, to On May 19, 1999, for the use of naled carfentrazone-ethyl on rice to control December 23, 2000. Contact: Andrea in bait stations to control Oriental fruit California arrowhead and Ricefield Beard bulrush; April 22, 1999, to August 15, Colorado fly. This program is expected to end on 1999. Contact: Steve Schaible Department of Agriculture September 9, 2000. Contact: Dan EPA authorized the use of carbofuran Specific: EPA authorized the use of Rosenblatt flowable formulation on cotton to lambda-cyhalothrin on barley to control Quarantine: EPA authorized the use control aphids; April 30, 1999, to the Russian wheat aphid; May 13, 1999, of naled in bait stations to control the October 15, 1999. Contact: David to June 15, 1999. Contact: Andrew Oriental fruit fly; September 9, 1999, to Deegan Ertman September 9, 2002. Contact: Dan EPA authorized the use of EPA authorized the use of imazamox Rosenblatt tebuconazole on pistachios to control on dry beans to control various Specific: EPA authorized the use of Alternaria late blight and nightshade species and velvetleaf; June coumaphos in beehives to control varroa Botryosphaeria panicle and shoot blight; 1, 1999, to July 15, 1999. Contact: mites and small hive beetle; January 1, May 4, 1999, to September 15, 1999. Barbara Madden 1999, to January 1, 2000. Contact: Contact: Steve Schaible EPA authorized the use of Barbara Madden EPA authorized the use of propiconazole on dry beans to control EPA authorized the use of hexythiazox on cotton to control various rust; July 1, 1999, to August 31, 1999. tebufenozide on lychee to control spider mites; May 6, 1999, to August 1, Contact: Steve Schaible Lychee webworm; March 4, 1999, to 1999. Contact: David Deegan EPA authorized the use of coumaphos March 1, 2000. Contact: Barbara EPA authorized the use of in beehives to control varroa mites and Madden propamocarb hydrochloride on small hive beetles; July 23, 1999, to July EPA authorized the use of tomatoes to control late blight; May 20, 20, 2000. Contact: Barbara Madden tebufenozide on longan to control 1999, to May 19, 2000. Contact: Libby EPA authorized the use of chlorine Lychee webworm; March 4, 1999, to Pemberton dioxide on stored potatoes to control March 4, 2000. Contact: Barbara EPA authorized the use of late blight; September 21, 1999, to Madden propamocarb hydrochloride on potatoes September 17, 2000. Contact: Andrew EPA authorized the use of to control late blight; May 25, 1999, to Ertman myclobutanil on strawberries to control May 25, 2000. Contact: Libby Pemberton Connecticut powdery mildew; March 18, 1999, to EPA authorized the use of avermectin Department of Environmental December 31, 1999. Contact: Steve on basil to control leafminer; June 15, Protection Schaible

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EPA authorized the use of Switch 62.5 powdery mildew; April 27, 1999, to 1999, to December 31, 1999. Contact: WG containing the active ingredients September 22, 1999. Contact: David Barbara Madden fludioxonil and cyprodinil on Deegan Iowa strawberries to control gray mold; April EPA authorized the use of imazamox Department of Agriculture and Land 8, 1999, to May 15, 1999. Contact: Steve on dry beans to control various Stewardship Schaible nightshade species and velvetleaf; May Specific: EPA authorized the use of EPA authorized the use of 1, 1999, to July 1, 1999. Contact: Barbara coumaphos in beehives to control varroa chlorfenapyr on cotton to control beet Madden mites and small hive beetle; March 9, armyworm; June 14, 1999, to September EPA authorized the use of pyridate on 1999, to March 8, 2000. Contact: Barbara 30, 1999. Contact: Andrea Beard mint to control redroot pigweed and Madden EPA authorized the use of kochia; May 1, 1999, to December 31, Kansas imidacloprid on citrus to control the 1999. Contact: Barbara Madden Department of Agriculture citrus leafminer and brown citrus aphid; EPA authorized the use of paraquat Crisis: On June 11, 1999, for the use of metsulfuron-methyl on sorghum to July 1, 1999, to June 30, 2000. Contact: dichloride on green peas grown for seed control weeds. This program ended on Andrew Ertman and dry peas to control weeds; May 25, EPA authorized the use of 1999, to November 30, 1999. Contact: August 15, 1999. Contact: Andrew imidacloprid on legume vegetables Crop Libby Pemberton Ertman On August 18, 1999, for the use of Group 6 to control silverleaf whitefly; EPA authorized the use of bifenthrin on sorghum grown for seed to September 27, 1999, to September 27, propamocarb hydrochloride on potatoes control Banks grass mite. This program 2000. Contact: Andrea Beard to control late blight; June 10, 1999, to ended on September 2, 1999. Contact: Georgia June 10, 2000. Contact: Libby Pemberton Andrea Beard Department of Agriculture EPA authorized the use of Denial: On May 5, 1999 EPA denied Specific: EPA authorized the use of trifloxystrobin on hops to control the use of propazine on sorghum to coumaphos in beehives to control varroa powdery mildew; June 28, 1999, to control broadleaf weeds. This request mites and small hive beetle; January 1, September 22, 1999. Contact: Dave was denied because aggregate risk from 1999, to January 1, 2000. Contact: Deegan the triazine herbicides exceeds the level EPA authorized the use of cyhexatin Barbara Madden the Agency considers to represent ‘‘a EPA authorized the use of on hops to control Two-spotted spider reasonable certainty of no harm.’’ chlorfenapyr on cotton to control beet mites; July 1, 1999, to September 20, Contact: Steve Schaible. armyworm; June 14, 1999, to September 1999. Contact: David Deegan Specific: EPA authorized the use of 30, 1999. Contact: Andrea Beard EPA authorized the use of propiconazole on dry beans to control Hawaii difenoconazole on sweet corn seed to rust; June 1, 1999, to August 15, 1999. Department of Agriculture control damping-off and die-back Contact: Steve Schaible Specific: EPA authorized the use of diseases; September 3, 1999, to EPA authorized the use of myclobutanil on watermelon to control September 3, 2000. Contact: Andrea metsulfuron-methyl on sorghum to powdery mildew; May 8, 1999, to May Beard control weeds; June 11, 1999, to August 7, 2000. Contact: David Deegan EPA authorized the use of chlorine 15, 1999. Contact: Andrew Ertman Idaho dioxide on stored potatoes to control EPA authorized the use of Department of Agriculture late blight; September 8, 1999, to August propiconazole on grain sorghum to Crisis: On March 15, 1999, for the 31, 2000. Contact: Andrew Ertman control sorghum ergot; July 31, 1999, to seed treatment use of fosetyl-Al on peas EPA authorized the use of flufenacet September 30, 1999. Contact: Steve to control downy mildew. This program on wheat to control Italian ryegrass or Schaible ended on June 1, 1999. Contact: Steve annual ryegrass; October 4, 1999, to Kentucky Schaible June 30, 2000. Contact: Barbara Madden Department of Agriculture On June 23, 1999, for the use of Illinois Specific: EPA authorized the use of cymoxanil on hops to control downy Department of Agriculture coumaphos in beehives to control varroa mildew. This program ended on Specific: EPA authorized the use of mites and small hive beetle; October 28, September 10, 1999. Contact: Libby coumaphos in beehives to control varroa 1999, to October 28, 2000. Contact: Pemberton mites and small hive beetle; April 20, Barbara Madden Specific: EPA authorized the use of 1999, to April 20, 2000. Contact: Barbara Louisiana coumaphos in beehives to control varroa Madden Department of Agriculture and mites and small hive beetle; February 1, EPA authorized the use of fomesafen Forestry 1999, to February 1, 2000. Contact: on snap beans to control weeds; June 25, Crisis: On May 4, 1999, for the use of Barbara Madden 1999, to August 31, 1999. Contact: tebufenozide on rice to control fall EPA authorized the seed treatment Andrea Beard armyworm. This program ended on use of fosetyl-Al on peas to control EPA authorized the use of September 1, 1999. Contact: Barbara downy mildew; March 29, 1999, to June tebufenozide on apples to control the Madden 1, 1999. Contact: Steve Schaible tufted apple bud moth; July 15, 1999, to On June 4, 1999, for the use of EPA authorized the use of August 31, 1999. Contact: Andrew tebufenozide on sweet potatoes to tebuconazole on barley to control barley Ertman control the beet armyworm. This stripe rust; April 23, 1999, to August 15, Indiana program ended on October 31, 1999. 1999. Contact: Steve Schaible Office of Indiana State Chemist Contact: Andrew Ertman EPA authorized the use of Specific: EPA authorized the use of On June 23, 1999, for the use of myclobutanil on hops to control coumaphos in beehives to control varroa tebufenozide on pasture land to control powdery mildew; April 27, 1999, to mites and small hive beetle; April 5, fall army worms. This program ended September 22, 1999. Contact: David 1999, to April 5, 2000. Contact: Barbara on October 15, 1999. Contact: Barbara Deegan Madden Madden EPA authorized the use of EPA authorized the use of pyridate on On July 14, 1999, for the use of tebuconazole on hops to control mint to control redroot pigweed; May 1, azoxystrobin on soybeans to control

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3703 aerial blight. This program ended on 1998 to October 15, 1999. Contact: Michigan August 30, 1999. Contact: Jacqueline Barbara Madden Department of Agriculture Gwaltney EPA authorized the use of Specific: EPA authorized the use of On July 17, 1999, for the use of propamocarb hydrochloride on potatoes coumaphos in beehives to control varroa tebufenozide on soybeans to control fall to control late blight; May 25, 1999, to mites and small hive beetle; April 9, armyworms. This program ended on May 25, 2000. Contact: Libby Pemberton 1999, to September 30, 1999. Contact: August 2, 1999. Contact: Andrew EPA authorized the use of Barbara Madden Ertman propiconazole on blueberries to control EPA authorized the use of Denial: On August 23, 1999 EPA mummy berry disease; April 15, 1999, tebuconazole on wheat to control denied the use of clomazone on to June 15, 1999. Contact: Steve Fusarium head blight; May 6, 1999, to sugarcane to control Bermudagrass. This Schaible June 30, 1999. Contact: Steve Schaible request was denied because EPA’s EPA authorized the use of coumaphos EPA authorized the use of review concluded that the situation was in beehives to control varroa mite and myclobutanil on asparagus to control not an emergency. Weed control has small hive beetle August 11, 1999, to asparagus rust; May 13, 1999, to become somewhat more problematic as August 5, 2000. Contact: Barbara November 1, 1999. Contact: David total acreage in cultivation has Madden Deegan increased, however this does not Maryland EPA authorized the use of constitute an ‘‘urgent and non-routine’’ Department of Agriculture propamocarb hydrochloride on potatoes Crisis: On July 7, 1999, for the use of situation. Contact: David Deegan. to control late blight; June 18, 1999, to Specific: EPA authorized the use of fenpropathrin on soybean to control June 18, 2000. Contact: Libby Pemberton coumaphos in beehives to control varroa two-spotted spider mites. This program EPA authorized the use of fomesafen ended on September 30, 1999. Contact: mites and small hive beetle; March 5, on snap beans to control redroot Jacqueline Gwaltney 1999, to March 5, 2000. Contact: Barbara pigweed and puncturevine; June 25, Specific: EPA authorized the use of 1999, to August 30, 1999. Contact: Madden coumaphos in beehives to control varroa EPA authorized the use of carbofuran Andrea Beard mites and small hive beetle; February flowable formulation on cotton to EPA authorized the use of 18, 1999, to February 17, 2000. Contact: control aphids; March 15, 1999, to myclobutanil on cucurbit vegetables to Barbara Madden control powdery mildew; July 16, 1999, September 30, 1999. Contact: David EPA authorized the use of to November 1, 1999. Contact: David Deegan chlorpropham on spinach to control Deegan EPA authorized the use of maleic chickweed; March 1, 1999, to March 5, EPA authorized the use of triazamate hydrazide on rice to control red rice; 2000. Contact: David Deegan on sugar beets to control root aphids; June 1, 1999, to September 30, 1999. EPA authorized the use of Contact: Steve Schaible propamocarb hydrochloride on July 30, 1999, to September 15, 1999. EPA authorized the use of tomatoes to control late blight; June 3, Contact: Steve Schaible Minnesota chlorfenapyr on cotton to control beet 1999, to June 3, 2000. Contact: Libby Department of Agriculture armyworm; June 14, 1999, to September Pemberton Crisis: On July 7, 1999, for the use of 30, 1999. Contact: Andrea Beard EPA authorized the use of EPA authorized the use of emamectin metolachlor on spinach to control glufosinate-ammonium on sweet corn to benzoate on cotton to control beet weeds; July 9, 1999, to April 30, 2000. control weeds. This program ended on armyworm; June 18, 1999, to September Contact: Andrew Ertman July 15, 1999. Contact: Barbara Madden 30, 1999. Contact: Andrea Beard EPA authorized the use of Specific: EPA authorized the use of EPA authorized the use of fenpropathrin in soybeans to control coumaphos in beehives to control varroa tebufenozide on cotton to control beet two-spotted spider mite; July 15, 1999, mites; January 1, 1999, to January 1, armyworm; June 18, 1999, to September to September 30, 1999. Contact: 2000. Contact: Barbara Madden 30, 1999. Contact: Andrea Beard Jacqueline Gwaltney EPA authorized the use of imazamox EPA authorized the use of EPA authorized the use of on imidazolinone tolerant canola to azoxystrobin on soybean to control myclobutanil on cucurbit vegetables to control wild mustard; March 8, 1999, to aerial blight; July 1, 1999, to August 30, control powdery mildew; July 16, 1999, July 15, 1999. Contact: Barbara Madden 1999. Contact: Jacqueline Gwaltney to September 30, 1999. Contact: David EPA authorized the use of EPA authorized the use of Deegan ethalfluralin on canola to control tebufenozide on sweet potatoes to Massachusetts kochia; March 30, 1999, to December 31, control the beet armyworm; July 16, Department of Food and Agriculture 1999. Contact: David Deegan 1999, to October 31, 1999. Contact: Specific: EPA authorized the use of EPA authorized the use of Andrew Ertman propiconazole on blueberries to control tetraconazole on sugarbeets to control EPA authorized the use of emamectin mummy berry disease; April 22, 1999, cercospora leaf spot; April 7, 1999, to benzoate on cotton to control tobacco to June 15, 1999. Contact: Steve September 30, 1999. Contact: David budworm; August 3, 1999, to September Schaible Deegan 30, 1999. Contact: Andrea Beard EPA authorized the use of pyridaben EPA authorized the use of EPA authorized the use of on cranberry to control Southern red tebuconazole on barley and wheat to tebufenozide on pasture land to control mites; May 13, 1999, to August 31, 1999. control Fusarium head blight; April 9, fall army worms; September 17, 1999, to Contact: David Deegan 1999, to August 25, 1999. Contact: Steve October 15, 1999. Contact: Barbara EPA authorized the use of spinosad Schaible Madden on cranberries to control sparganothis EPA authorized the use of imazamox Maine fruitworm; May 24, 1999, to August 15, on dry beans to control various Department of Agriculture, Food, and 1999. Contact: Andrew Ertman nightshade species and velvetleaf; May Rural Resources EPA authorized the use of coumaphos 1, 1999, to June 30, 1999. Contact: Specific: EPA authorized the use of in beehives to control varroa mite and Barbara Madden oxyfluorfen on strawberries to control small hive beetle June 3, 1999, to June EPA authorized the use of field pansy and wood sorrel; October 15, 3, 2000. Contact: Barbara Madden propamocarb hydrochloride on potatoes

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3704 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices to control late blight; June 10, 1999, to lygus bugs. This program ended on Reserve Program to control leafy spurge; June 10, 2000. Contact: Libby Pemberton September 2, 1999. Contact: Andrew August 30, 1999, to August 30, 2000. EPA authorized the use of Ertman Contact: Libby Pemberton propiconazole on dry beans to control Denial: On May 25, 1999 EPA denied EPA authorized the use of chlorine rust; June 20, 1999, to August 31, 1999. the use of dimethenamid on sugar beets dioxide on stored potatoes to control Contact: Steve Schaible to control hairy nightshade and redroot late blight; September 10, 1999, to EPA authorized the use of chlorine pigweed. This request was denied based August 31, 2000. Contact: Andrew dioxide on stored potatoes to control on the determination that situation is Ertman late blight; September 9, 1999, to August routine, not urgent, and nor are growers Nevada 31, 2000. Contact: Andrew Ertman likely to suffer from significant Department of Agriculture Mississippi economic losses if the request is denied. Specific: EPA authorized the use of Department of Agriculture and Contact: Barbara Madden. tebuconazole on garlic to control garlic Commerce Specific: EPA authorized the use of rust; May 19, 1999, to June 15, 1999. Crisis: On August 12, 1999, for the use coumaphos in beehives to control varroa Contact: Steve Schaible of spinosad on soybeans to control mites; February 18, 1999, to February EPA authorized the use of chlorine caterpillars. This program ended on 18, 2000. Contact: Barbara Madden dioxide on stored potatoes to control August 27, 1999. Contact: Andrew EPA authorized the use of late blight; September 21, 1999, to Ertman ethalfluralin on canola to control September 17, 2000. Contact: Andrew Denial: On July 2, 1999 EPA denied kochia; March 30, 1999, to December 31, Ertman the use of fipronil on cotton to control New Hampshire 1999. Contact: David Deegan the tarnished plant bug. This request Department of Agriculture EPA authorized the use of imazamox Specific: EPA authorized the use of was denied because effective registered on dry beans to control various pesticides are available and significant propiconazole on blueberries to control nightshade species and velvetleaf; May mummy berry disease; April 1, 1999, to economic losses are not expected even 1, 1999, to June 30, 1999. Contact: under high pest pressure. Contact: August 1, 1999. Contact: Steve Schaible Barbara Madden New Jersey Andrew Ertman. EPA authorized the use of pyridate on Specific: EPA authorized the use of Department of Environmental mint to control redroot pigweed and coumaphos in beehives to control varroa Protection kochia; May 1, 1999, to December 31, mites and small hive beetle; January 25, Crisis: On April 8, 1999, for the use 1999. Contact: Barbara Madden 1999, to January 25, 2000. Contact: of propiconazole on blueberries to EPA authorized the use of Barbara Madden control mummy berry disease. This EPA authorized the use of carbofuran azoxystrobin on sugar beets to control program ended on June 30, 1999. flowable formulation on cotton to rhizoctonia crown and root rot; May 1, Contact: Steve Schaible control aphids; March 15, 1999, to 1999, to July 1, 1999. Contact: Specific: EPA authorized the use of September 15, 1999. Contact: David Jacqueline Gwaltney chlorpropham on spinach to control Deegan EPA authorized the use of lambda- chickweed; March 1, 1999, to March 5, EPA authorized the use of emamectin cyhalothrin on canola to control flea 2000. Contact: David Deegan benzoate on cotton to control beet beetles; May 18, 1999, to June 30, 1999. EPA authorized the use of coumaphos armyworm and tobacco budworm; June Contact: Andrew Ertman in beehives to control varroa mites and 4, 1999, to September 30, 1999. Contact: EPA authorized the use of paraquat small hive beetle; March 10, 1999, to Andrea Beard dichloride on dry peas to control weeds; March 9, 2000. Contact: Barbara EPA authorized the use of May 25, 1999, to November 30, 1999. Madden chlorfenapyr on cotton to control beet Contact: Libby Pemberton EPA authorized the use of armyworm; June 14, 1999, to September EPA authorized the use of triazamate propiconazole on blueberries to control 30, 1999. Contact: Andrea Beard on sugar beets to control root aphids; mummy berry; April 22, 1999, to June EPA authorized the use of July 30, 1999, to September 15, 1999. 30, 1999. Contact: Steve Schaible tebufenozide in cotton to control beet Contact: Steve Schaible EPA authorized the use of armyworm; June 18, 1999, to September EPA authorized the use of chlorine imidacloprid on blueberries to control 30, 1999. Contact: Andrea Beard dioxide on stored potatoes to control blueberry aphids; May 14, 1999, to Missouri late blight; September 10, 1999, to August 15, 1999. Contact: Andrew Department of Agriculture August 31, 2000. Contact: Andrew Ertman Specific: EPA authorized the use of Ertman EPA authorized the use of carbofuran flowable formulation on Nebraska imidacloprid on blueberries to control cotton to control aphids; July 9, 1999, to Department of Agriculture the oriental beetle; May 14, 1999, to September 30, 1999. Contact: David Specific: EPA authorized the use of August 15, 1999. Contact: Andrew Deegan coumaphos in beehives to control varroa Ertman EPA authorized the use of coumaphos mites and small hive beetle; March 12, EPA authorized the use of in beehives to control varroa mites and 1999, to March 12, 2000. Contact: imidacloprid on cranberries to control small hive beetle; September 29, 1999, Barbara Madden the cranberry rootworm; May 14, 1999, to September 29, 2000. Contact: Barbara EPA authorized the use of to September 1, 1999. Contact: Andrew Madden propiconazole on dry beans to control Ertman Montana rust; June 15, 1999, to August 1, 1999. EPA authorized the use of Department of Agriculture Contact: Steve Schaible propamocarb hydrochloride on potatoes Crisis: On May 4, 1999, for the use of EPA authorized the use of triazamate to control late blight; May 25, 1999, to azoxystrobin on sugar beets to control on sugar beets to control root aphids; May 25, 2000. Contact: Libby Pemberton rhizoctonia crown and root rot. This July 30, 1999, to August 31, 1999. EPA authorized the use of program ended on July 1, 1999. Contact: Contact: Steve Schaible propamocarb hydrochloride on Jacqueline Gwaltney EPA authorized the use of imazapic- tomatoes to control late blight; June 3, On August 19, 1999, for the use of ammonium on pastureland/rangeland 1999, to June 3, 2000. Contact: Libby lambda-cyhalothrin on canola to control including land in the Conservation Pemberton

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New Mexico 19, 1999, to February 19, 2000. Contact: 1, 1999, to June 30, 1999. Contact: Department of Agriculture Barbara Madden Barbara Madden Specific: EPA authorized the use of EPA authorized the use of EPA authorized the use of propiconazole on grain sorghum to chlorfenapyr on cotton to control beet propamocarb hydrochloride on potatoes control sorghum ergot; June 1, 1999, to armyworm; June 14, 1999, to September to control late blight; May 25, 1999, to September 30, 1999. Contact: Steve 30, 1999. Contact: Andrea Beard May 25, 2000. Contact: Libby Pemberton Schaible EPA authorized the use of EPA authorized the use of EPA authorized the use of myclobutanil on cucurbit vegetables to propiconazole on dry beans to control tebufenozide on cotton to control beet control powdery mildew; July 16, 1999, rust; June 20, 1999, to August 31, 1999. armyworm; June 18, 1999, to September to September 30, 1999. Contact: David Contact: Steve Schaible 30, 1999. Contact: Andrea Beard Deegan EPA authorized the use of chlorine New York North Dakota dioxide on stored potatoes to control Department of Environmental Department of Agriculture late blight; September 10, 1999, to Conservation Denial: On September 27, 1999, EPA August 31, 2000. Contact: Andrew Specific: EPA authorized the use of denied the use of ethalfluralin on Ertman coumaphos in beehives to control varroa crambe to control kochia. This request Ohio mites and small hive beetle; March 9, was denied based on the determination Department of Agriculture Specific: EPA authorized the use of 1999, to March 8, 2000. Contact: Barbara that the described situation is routine coumaphos in beehives to control varroa Madden and chronic, and does not therefore EPA authorized the use of mites and small hive beetle; April 26, meet the established criteria under desmedipham on garden beets to control 1999, to February 26, 2000. Contact: which EPA grants emergency broadleaf weeds; April 27, 1999, to July Barbara Madden exemptions. Contact: David Deegan 31, 1999. Contact: Steve Schaible EPA authorized the use of Crisis: On June 25, 1999, for the use EPA authorized the use of myclobutanil on caneberries to control of clopyralid on flax and crambe to propamocarb hydrochloride on potatoes orange rust; May 28, 1999, to October control canada thistle and perennial to control late blight; May 25, 1999, to 31, 1999. Contact: Dave Deegan May 25, 2000. Contact: Libby Pemberton sowthistle. This program ended on July EPA authorized the use of oxyfluorfen EPA authorized the use of 31, 1999. Contact: Libby Pemberton on strawberries to control broadleaf myclobutanil on cucurbit vegetables to On June 18, 1999, for the use of weeds; June 20, 1999, to December 15, control powdery mildew; July 16, 1999, sethoxydim on buckwheat to control 1999. Contact: Barbara Madden to September 30, 1999. Contact: David volunteer grains and foxtail. This EPA authorized the use of Deegan program ended on July 18, 1999. myclobutanil on cucurbit vegetables to North Carolina Contact: Libby Pemberton control powdery mildew; July 16, 1999, Department of Agriculture On July 8, 1999, for the use of to September 30, 1999. Contact: David Crisis: On September 20, 1999, for the paraquat on dry peas to control weeds. Deegan use of cyfluthrin and permethrin on This program ended on September 15, Oklahoma livestock carcasses to control blowflies. 1999. Contact: Libby Pemberton Department of Agriculture Severe flooding from Hurricane Floyd On August 6, 1999, for the use of Crisis: On June 28, 1999, for the use gave rise to this public health crisis. lambda-cyhalothrin on flax to control of metsulfuron-methyl on sorghum to This program ended on October 20, grasshoppers. This program ended on control weeds. This program ended on 1999. Contact: Steve Schaible August 20, 1999. Contact: Andrew September 15, 1999. Contact: Andrew Denial: On July 2, 1999 EPA denied Ertman Ertman the use of clopyralid on apples to Specific: EPA authorized the use of On September 3, 1999, for the use of control clover. This request was denied imazamox on imidazolinone tolerant bifenthrin on peanuts to control Banks based on the determination that the canola to control wild mustard; March grass mites. This program ended on request does not meet the criteria of an 8, 1999, to July 15, 1999. Contact: October 30, 1999. Contact: Andrea emergency in accordance with 40 CFR Barbara Madden Beard section 166.3d. Contact: Barbara EPA authorized the use of coumaphos Denial: On August 18, 1999 EPA Madden. in beehives to control varroa mites and denied the use of fluazinam on peanuts On August 18, 1999 EPA denied the small hive beetle; March 10, 1999, to to control Sclerotinia blight. This use of fluazinam on peanuts to control March 9, 2000. Contact: Barbara request was denied because at this time Sclerotinia blight. This request was Madden the Agency’s is not able to reach a denied because at this time the Agency’s EPA authorized the use of ‘‘reasonable certainty of no harm’’ is not able to reach a ‘‘reasonable ethalfluralin on canola to control finding regarding health effects which certainty of no harm’’ finding regarding kochia; March 30, 1999, to December 31, may result if this use were to occur. health effects which may result if this 1999. Contact: David Deegan Additionally, EPA is unable at this time use were to occur. Additionally, EPA is EPA authorized the use of to conclude that there will not be unable at this time to conclude that tetraconazole on sugarbeets to control unacceptable adverse effects to the there will not be unacceptable adverse cercospora leaf spot; April 7, 1999, to environment, including non-target effects to the environment, including September 30, 1999. Contact: David organisms, endangered species, and non-target organisms, endangered Deegan ground water resources. Fluazinam is an species, and ground water resources. EPA authorized the use of unregistered chemical for which EPA Fluazinam is an unregistered chemical tebuconazole on barley and wheat to has minimal data previously reviewed. for which EPA has minimal data control Fusarium head blight; April 9, Contact: Barbara Madden. previously reviewed. Contact: Barbara 1999, to August 25, 1999. Contact: Steve Specific: EPA authorized the use of Madden. Schaible carbofuran flowable formulation on Specific: EPA authorized the use of EPA authorized the use of imazamox cotton to control aphids; March 15, coumaphos in beehives to control varroa on dry beans to control various 1999, to October 15, 1999. Contact: mites and small hive beetle; February nightshade species and velvetleaf; May David Deegan

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EPA authorized the use of emamectin Denial: On September 20, 1999 EPA EPA authorized the use of benzoate on cotton to control beet denied the uses of prohexadione propyzamide on grasses grown for seed armyworm June 4, 1999, to October 31, calcium on apples and pears to control to control grassy weeds; July 15, 1999, 1999. Contact: Andrea Beard fire blight. These requests were denied to January 20, 2000. Contact: Andrew EPA authorized the use of because at this time the Agency’s is not Ertman chlorfenapyr on cotton to control beet able to reach a ‘‘reasonable certainty of EPA authorized the use of Switch 62.5 armyworm; June 14, 1999, to September no harm’’ finding regarding health WG containing the active ingredients 30, 1999. Contact: Andrea Beard effects which may result if this use were fludioxonil and cyprodinil on EPA authorized the use of to occur. Additionally, EPA is unable at caneberries to control gray mold; July propiconazole on grain sorghum to this time to conclude that there will not 22, 1999, to September 10, 1999. control sorghum ergot; June 15, 1999, to be unacceptable adverse effects to the Contact: Steve Schaible September 30, 1999. Contact: Steve environment. Prohexadione Calcium is EPA authorized the use of ethoprop Schaible an unregistered chemical for which EPA on baby mint to control garden EPA authorized the use of has minimal data previously reviewed. symphylans; August 17, 1999, to tebufenozide on cotton to control beet Contact: Andrea Beard. September 15, 1999. Contact: Steve armyworm; June 18, 1999, to October Specific: EPA authorized the use of Schaible 31, 1999. Contact: Andrea Beard coumaphos in beehives to control varroa EPA authorized the use of chlorine EPA authorized the use of mites; February 1, 1999, to February 1, dioxide on stored potatoes to control metsulfuron-methyl on sorghum to 2000. Contact: Barbara Madden late blight; September 8, 1999, to August control weeds; June 28, 1999, to EPA authorized the use of ethoprop 31, 2000. Contact: Andrew Ertman September 15, 1999. Contact: Andrew on baby hops and idle hops to control EPA authorized the use of flufenacet Ertman garden symphylans; March 24, 1999, to on wheat to control Italian ryegrass or EPA authorized the use of dicloran on May 31, 1999. Contact: Steve Schaible annual ryegrass; October 4, 1999 peanuts to control Sclerotinia blight; EPA authorized the use of through to June 30, 2000. Contact: July 15, 1999, to October 15, 1999. tebuconazole on barley to control barley Barbara Madden Contact: Barbara Madden stripe rust; April 23, 1999, to August 15, Pennsylvania EPA authorized the use of coumaphos 1999. Contact: Steve Schaible Department of Agriculture in beehives to control varroa mites and EPA authorized the use of Specific: EPA authorized the use of small hive beetles; July 23, 1999, to July myclobutanil on hops to control coumaphos in beehives to control varroa 20, 2000. Contact: Barbara Madden powdery mildew; April 27, 1999, to mites and small hive beetle; January 1, EPA authorized the use of September 22, 1999. Contact: David 1999, to January 1, 2000. Contact: tebufenozide on peanuts to control beet Deegan Barbara Madden armyworm; July 30, 1999, to October 15, EPA authorized the use of EPA authorized the use of 1999. Contact: Barbara Madden myclobutanil on cucurbit vegetables to tebuconazole on hops to control Oregon control powdery mildew; July 16, 1999, powdery mildew; April 27, 1999, to Department of Agriculture to September 30, 1999. Contact: David September 22, 1999. Contact: David Crisis: On March 26, 1999 for the use Deegan Deegan of tebuconazole Folicur 3.6 F Foliar EPA authorized the use of chlorine Fungicide on hops to control powdery EPA authorized the use of pyridate on dioxide on stored potatoes to control mildew. The state had requested a mint to control redroot pigweed and late blight; September 3, 1999, to August specific exemption for the use prior to kochia; May 1, 1999, to December 31, 31, 2000. Contact: Andrew Ertman the crisis declaration; the requested 1999. Contact: Barbara Madden EPA authorized the use of oxyfluorfen expiration date in the specific EPA authorized the use of on strawberries to control field pansy, exemption was September 1, 1999. propiconazole on raspberries to control wood sorrel and groundsel; October 15, Contact: David Deegan yellow rust; May 18, 1999, to November 1999, to December 15, 1999. Contact: On April 29, 1999 for the use of 1, 1999. Contact: Steve Schaible Barbara Madden Switch 62.5 WG containing the active EPA authorized the use of paraquat Rhode Island ingredients fludioxonil and cyprodinil dichloride on green peas grown for seed Department of Environmental on caneberries to control gray mold. The and dry peas to control weeds; May 25, Management state had requested a specific exemption 1999, to November 30, 1999. Contact: Specific: EPA authorized the use of for the use prior to the crisis Libby Pemberton coumaphos in beehives to control varroa declaration; the requested expiration EPA authorized the use of mites and small hive beetle; May 13, date in the specific exemption was propamocarb hydrochloride on potatoes 1999, to May 13, 2000. Contact: Barbara Septemeber 10, 1999. Contact: Steve to control late blight; May 25, 1999, to Madden Schaible May 25, 2000. Contact: Libby Pemberton South Carolina On May 12, 1999 for the use of Switch EPA authorized the use of triazamate Clemson University 62.5 WG containing the active on true fir Christmas trees to control Crisis: On April 8, 1999, for the use ingredients fludioxonil and cyprodinil root aphids; May 27, 1999, to October of the product Switch, containing the on strawberries to control gray mold. 31, 1999. Contact: Steve Schaible active ingredients fludioxonil and The state had requested a specific EPA authorized the use of cyprodinil on strawberries to control exemption for the use prior to the crisis trifloxystrobin on hops to control gray mold. This program ended on June declaration; the requested expiration powdery mildew; June 28, 1999, to 15, 1999. Contact: Steve Schaible date in the specific exemption was July September 22, 1999. Contact: Dave On May 18, 1999, for the use of 7, 1999. Contact: Steve Schaible Deegan fludioxonil on stone fruit to control On July 1, 1999, for the use of EPA authorized the use of fludioxonil brown rot. This program ended on cymoxanil on hops to control downy on stone fruit to control brown rot, gray September 1, 1999. Contact: Andrew mildew. This program ended on mold and Rhizopus rot; July 14, 1999, Ertman September 10, 1999. Contact: Libby to September 30, 1999. Contact: Andrew Specific: EPA authorized the use of Pemberton Ertman coumaphos in beehives to control varroa

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Contact: Dan fenbuconazole on grapefruit to control Department of Agriculture Rosenblatt greasy spot; October 1, 1999, to October Specific: EPA authorized the use of Denial: On March 9, 1999 EPA denied 1, 2000. Contact: Dan Rosenblatt coumaphos in beehives to control varroa the use of diclosulam on peanuts to EPA authorized the use of chlorine mites and small hive beetle; March 23, control weeds. This request was denied dioxide on stored potatoes to control 1999, to March 23, 2000. Contact: because adequate alternatives are late blight; October 14, 1999, to Barbara Madden available to control the weeds specified September 29, 2000. Contact: Andrew EPA authorized the use of in this request. Contact: Barbara Ertman pendimethalin on mint to control Madden. EPA authorized the use of norflurazon kochia and redroot pigweed; March 31, On March 12, 1999 EPA denied the on bermudagrass to control annual 1999, to November 1, 1999. Contact: use of propazine on sorghum to control grassy weeds; November 9, 1999, to Steve Schaible broadleaf weeds. This request was November 9, 2000. Contact: Libby EPA authorized the use of denied because aggregate risk from the Pemberton tebuconazole on barley and wheat to triazine herbicides exceeds the level the Utah control Fusarium head blight; June 5, Agency considers to represent a Department of Agriculture 1999, to August 25, 1999. Contact: Steve reasonable certainty of no harm. Specific: EPA authorized the use of Schaible Contact: Steve Schaible coumaphos in beehives to control varroa EPA authorized the use of chlorine Specific: EPA authorized the use of mite; June 9, 1999, to June 8, 2000. dioxide on stored potatoes to control tebuconazole on wheat to control leaf Contact: Barbara Madden late blight; October 18, 1999, to June 30, rust; March 12, 1999, to June 30, 1999. EPA authorized the use of chlorine 2000. Contact: Andrew Ertman Contact: Steve Schaible dioxide on stored potatoes to control EPA authorized the use of imazapic- EPA authorized the use of carbofuran late blight; September 30, 1999, to ammonium on pastureland and flowable formulation on cotton to September 21, 2000. Contact: Andrew rangeland to control leafy spurge; control aphids; March 15, 1999, to Ertman October 25, 1999, to October 25, 2000. September 30, 1999. Contact: David Virginia Contact: Libby Pemberton Deegan Department of Agriculture and Tennessee EPA authorized the use of Consumer Services Department of Agriculture propiconazole on grain sorghum to Denial: On August 18, 1999 EPA Crisis: On May 28, 1999, for the use control sorghum ergot; May 19, 1999, to denied the use of fluazinam on peanuts of sulfentrazone on cowpeas and lima December 31, 1999. Contact: Steve to control Sclerotinia blight. This beans to control hophornbeam Schaible request was denied because at this time copperleaf. This program ended on EPA authorized the use of the Agency’s is not able to reach a September 30, 1999. Contact: Barbara propamocarb hydrochloride on potatoes ‘‘reasonable certainty of no harm’’ Madden to control late blight; May 25, 1999, to finding regarding health effects which Denial: On April 19, 1999 EPA denied May 25, 2000. Contact: Libby Pemberton may result if this use were to occur. the use of acifluorfen on lima beans, EPA authorized the use of Additionally, EPA is unable at this time Southern peas, and cowpeas to control tebufenozide on cotton to control beet to conclude that there will not be hophornbeam copperleaf. This request armyworm; June 10, 1999, to September unacceptable adverse effects to the was denied because at this time, EPA is 30, 1999. Contact: Andrea Beard environment, including non-target unable to make the safety finding EPA authorized the use of emamectin organisms, endangered species, and required under the Food Quality benzoate on cotton to control beet ground water resources. Fluazinam is an Protection Act FQPA of 1996. Therefore, armyworm; June 10, 1999, to October 1, unregistered chemical for which EPA tolerances necessary under the Federal 1999. Contact: Andrea Beard has minimal data previously reviewed. Food Drug and Cosmetic Act FFDCA, EPA authorized the use of Contact: Barbara Madden. section 40816 can not be extended. chlorfenapyr on cotton to control beet On September 17, 1999, EPA denied Contact: Barbara Madden. armyworm; June 14, 1999, to September the use of Acibenzolar on tomatoes to Specific: EPA authorized the use of 30, 1999. Contact: Andrea Beard control bacterial diseases. This request coumaphos in beehives to control varroa EPA authorized the use of coumaphos was denied because at this time the mites and small hive beetle; February in beehives to control varroa mite and Agency’s is not able to reach a 12, 1999, to February 11, 2000. Contact: small hive beetle June 28, 1999, to June ‘‘reasonable certainty of no harm’’ Barbara Madden 28, 2000. Contact: Barbara Madden finding regarding health effects which EPA authorized the use of EPA authorized the use of dicloran on may result if this use were to occur. sulfentrazone on cowpeas and lima peanuts to control Sclerotinia blight; Additionally, EPA is unable at this time beans to control hophornbeam July 1, 1999, to October 31, 1999. to conclude that there will not be copperleaf; June 1, 1999, to September Contact: Barbara Madden unacceptable adverse effects to the 30, 1999. Contact: Barbara Madden EPA authorized the use of environment. Acibenzolar is an EPA authorized the use of metolachlor on spinach to control unregistered chemical for which EPA chlorfenapyr on cotton to control beet weeds; July 1, 1999, to July 1, 2000. has minimal data previously reviewed. armyworm; June 14, 1999, to September Contact: Andrew Ertman Contact: Andrea Beard. 30, 1999. Contact: Andrea Beard EPA authorized the use of Specific: EPA authorized the use of Texas myclobutanil on cucurbit vegetables to coumaphos in beehives to control varroa Department of Agriculture control powdery mildew; July 16, 1999, mites and small hive beetle; June 14,

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1999, to June 10, 2000. Contact: Barbara EPA authorized the use of Department of Agriculture, Trade, Madden tebuconazole on hops to control and Consumer Protection EPA authorized the use of powdery mildew; April 27, 1999, to Denial: On May 4, 1999 EPA denied myclobutanil on cucurbit vegetables to September 22, 1999. Contact: David the use of dimethenamid on dry bulb, control powdery mildew; July 16, 1999, Deegan onions to control annual grasses and to October 31, 1999. Contact: David EPA authorized the use of pyridate on broadleaf weeds. This request was Deegan mint to control redroot pigweed and denied because the situation is routine, EPA authorized the use of kochia; May 1, 1999, to December 31, not urgent, and nor are growers likely to chlorpropham on spinach to control 1999. Contact: Barbara Madden suffer from significant economic losses chickweed; December 1, 1999, to April EPA authorized the use of if the request is denied. The availability 30, 2000. Contact: David Deegan propiconazole on raspberries to control of a new pesticide to control a chronic Washington yellow rust; May 18, 1999, to July 1, pest problem does not constitute a non- Department of Agriculture 1999. Contact: Steve Schaible routine condition. Historically, use of Crisis: On February 26, 1999, for the EPA authorized the use of paraquat hand labor has compensated for use of flufenacet on wheat to control dichloride on green peas grown for seed inadequate weed control by registered Italian ryegrass or annual ryegrass . This and dry peas to control weeds; May 25, herbicides. Contact: Barbara Madden program ended on May 31, 1999. 1999, to May 30, 1999. Contact: Libby Specific: EPA authorized the use of Contact: Barbara Madden Pemberton coumaphos in beehives to control varroa On April 28, 1999, for the use of EPA authorized the use of mites; January 1, 1999, to January 1, Switch 62.5 WG containing the active propamocarb hydrochloride on potatoes 2000. Contact: Barbara Madden ingredients fludioxonil and cyprodinil to control late blight; May 25, 1999, to EPA authorized the use of on caneberries to control gray mold. The May 25, 2000. Contact: Libby Pemberton propiconazole on cranberries to control state had requested a specific exemption EPA authorized the use of triazamate cottonball disease; April 15, 1999, to for the use prior to the crisis on true fir Christmas trees to control July 31, 1999. Contact: Steve Schaible declaration; the requested expiration root aphids; May 27, 1999, to October EPA authorized the use of pyridate on date in the specific exemption was 31, 1999. Contact: Steve Schaible mint to control redroot pigweed; May 1, September 10, 1999. Contact: Steve EPA authorized the use of pirimicarb 1999, to December 31, 1999. Contact: Schaible on vegetable seed crops to control Barbara Madden On May 11, 1999, for the use of aphids; June 18, 1999, to September 15, Switch 62.5 WG containing the active EPA authorized the use of glufosinate- 1999. Contact: Steve Schaible ammonium on sweet corn to control ingredients fludioxonil and cyprodinil EPA authorized the use of weeds; May 24, 1999, to July 15, 1999. on strawberries to control gray mold. trifloxystrobin on hops to control Contact: Barbara Madden The state had requested a specific powdery mildew; June 24, 1999, to EPA authorized the use of exemption for the use prior to the crisis September 22, 1999. Contact: Dave propamocarb hydrochloride on potatoes declaration; the requested expiration Deegan date in the specific exemption was July EPA authorized the use of cyhexatin to control late blight; May 25, 1999, to 22, 1999. Contact: Steve Schaible on hops to control Two-spotted spider May 25, 2000. Contact: Libby Pemberton On July 2, 1999, for the use of mites; July 1, 1999, to September 20, EPA authorized the use of chlorine imazamox on dry bean to control 1999. Contact: David Deegan dioxide on stored potatoes to control nightshade and velvetleaf. This program EPA authorized the use of imazamox late blight; September 9, 1999, to August ended on/is expected to end on August on dry beans to control nightshade and 31, 2000. Contact: Andrew Ertman 15 , 1999. Contact: Barbara Madden velvetleaf; July 2, 1999, to August 15, Wyoming Specific: EPA authorized the use of 1999. Contact: Barbara Madden Department of Agriculture coumaphos in beehives to control varroa EPA authorized the use of Switch 62.5 Denial: On May 24, 1999 EPA denied mites and small hive beetle; February 1, WG containing the active ingredients the use of fipronil on rangeland, non- 1999, to February 1, 2000. Contact: fludioxonil and cyprodinil on crop land, and CRP land to control Barbara Madden caneberries to control gray mold; July grasshoppers. This request was denied EPA authorized the seed treatment 22, 1999, to September 10, 1999. because the situation is routine, not use of fosetyl-Al on peas to control Contact: Steve Schaible urgent; it was determined that the use downy mildew; March 1, 1999, to April EPA authorized the use of chlorine of registered alternatives in a RAATs 30, 1999. Contact: Steve Schaible dioxide on stored potatoes to control strategy would adequately control EPA authorized the use of late blight; September 8, 1999, to August rangeland grasshoppers. EPA also has propiconazole on blueberries to control 31, 2000. Contact: Andrew Ertman concerns regarding potential ecological mummy berry disease; March 15, 1999, EPA authorized the use of flufenacet risk to non-target organisms from to June 10, 1999. Contact: Steve on wheat to control Italian ryegrass or fipronil and its photodegradates. Schaible annual ryegrass; October 4, 1999, to Contact: Steve Schaible EPA authorized the use of June 30, 2000. Contact: Barbara Madden Specific: EPA authorized the use of propiconazole on cranberries to control EPA authorized the use of oxyfluorfen imazamox on dry beans in Wyoming to cottonball disease; April 19, 1999, to on strawberries to control broadleaf control various nightshade species and July 31, 1999. Contact: Steve Schaible weeds; December 15, 1999, to August velvetleaf; June 1, 1999, to July 15, 1999. EPA authorized the use of 15, 2000. Contact: Barbara Madden Contact: Barbara Madden tebuconazole on barley to control barley West Virginia EPA authorized the use of coumaphos stripe rust; April 23, 1999, to August 15, Department of Agriculture in beehives to control varroa mite and 1999. Contact: Steve Schaible Specific: EPA authorized the use of small hive beetle; September 17, 1999, EPA authorized the use of coumaphos in beehives to control varroa to September 15, 2000. Contact: Barbara myclobutanil on hops to control mite and small hive beetle; May 20, Madden powdery mildew; April 27, 1999, to 1999, to May 18, 2000. Contact: Barbara B. Federal Departments and Agencies September 22, 1999. Contact: David Madden Deegan Wisconsin Agriculture Department

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Animal and Plant Health Inspection ACTION: Proposal of CERCLA section ADDRESSES: The proposed Agreement Service 122(h)(1) administrative cost recovery and the U.S. EPA’s response to any Quarantine: EPA authorized the use settlement for the Uniroyal Hill Street comments received will be available for of sodium carbonate 4.0% solution on Site. public inspection at U.S. EPA Records surfaces potentially exposed to certain Center Room 714, 77 West Jackson animal diseases, including semen SUMMARY: The United States Boulevard, Chicago, Illinois 60604. A containers, aircraft, and structural Environmental Protection Agency (‘‘U.S. copy of the proposed Agreement may be surfaces at animal import centers, plant EPA’’) proposes to address the potential obtained from U.S. EPA Office of inspection stations and ports to control liability of Uniroyal, Inc., Uniroyal Regional Counsel, 77 West Jackson certain animal diseases; April 15, 1999, Holding, Inc., CDU Holding, Inc., and Boulevard, Chicago, Illinois 60604. to April 15, 2002. Contact: David the CDU Holding, Inc. Liquidating Trust Comments should reference the Deegan (the ‘‘Settling Parties’’) by execution of Uniroyal Hill Street Site, Mishawaka, EPA authorized the use of sodium a Comprehensive Environmental Indiana, and U.S. EPA Docket No. V– carbonate 4.0% solution plus sodium Response, Compensation and Liability W–99–C–575 and should be addressed silicate 0.1% solution on aircraft Act (‘‘CERCLA’’) section 122(h)(1) to Ms. Hedi Bogda-Cleveland, U.S. EPA surfaces potentially exposed to certain Office of Regional Counsel, 77 West animal diseases, in or on semen Administrative Order on Consent prepared pursuant to 42 U.S.C. Jackson Boulevard (C–14J), Chicago, containers to control certain animal Illinois 60604–3590. diseases; April 15, 1999, to April 15, 9622(h)(1) (the ‘‘Agreement’’). The FOR FURTHER INFORMATION CONTACT: Ms. 2002. Contact: David Deegan Agreement provides the Settling Parties Hedi Bogda-Cleveland, U.S. EPA Office EPA authorized the use of sodium certain covenants not to sue under of Regional Counsel, 77 West Jackson hypochlorite in a solution not to exceed CERCLA, 42 U.S.C. 9601 et seq., as 12.5% on surfaces potentially exposed amended, and section 7003 of the Boulevard (C–14J), Chicago, Illinois to certain animal diseases, and to plant Resource Conservation and Recovery 60604, at (312) 886–5825. parts or plant materials to control Act (‘‘RCRA’’), 42 U.S.C. 6973, as Dated: December 23, 1999. certain animal diseases; April 15, 1999, amended, with respect to the Uniroyal Francis X. Lyons, to April 15, 2002. Contact: David Hill Street Site (the ‘‘Site’’), located in Regional Administrator, Region 5. Deegan Mishawaka, Indiana. The key terms and [FR Doc. 00–1554 Filed 1–21–00; 8:45 am] EPA authorized the use of sodium conditions of the Agreement may be BILLING CODE 6560±50±P hydroxide in a 2.0% solution on briefly summarized as follows: (1) The exposed surfaces, animal product Settling Parties agree to pay $50,000 to containers, hay and straw to control the Hazardous Substances Superfund in ENVIRONMENTAL PROTECTION certain animal diseases; April 15, 1999, satisfaction of U.S. EPA’s allowed claim; AGENCY to April 15, 2002. Contact: David (2) the Settling Parites agree to pay [OPPTS±51940; FRL±6486±5] Deegan $50,000 to the City of Mishawaka, in Defense Department satisfaction of their claim; (3) the Certain New Chemicals; Receipt and Quarantine: EPA authorized the use Settling Parties agree not to assert any Status Information of paraformaldehyde on biological claims or causes of action against the containment areas, biological safety United States, or its contractors or AGENCY: Environmental Protection cabinets and equipment, and high employees, with respect to the Site or Agency (EPA). efficiency particulate air filters in the the Agreement; (4) subject to the ACTION: Notice. ventilation system to control the release reservations specified in the Agreement, SUMMARY: of infectious microorganisms from U.S. EPA affords the Settling Parties a Section 5 of the Toxic containment areas; July 6, 1999, to July covenant not to sue for recovery of Substances Control Act (TSCA) requires any person who intends to manufacture 6, 2002. Contact: Libby Pemberton response costs pursuant to section 107 (defined by statute to include import) a of CERCLA, 42 U.S.C. 9607(a), liability List of Subjects new chemical (i.e., a chemical not on for injunctive relief or administrative the TSCA Inventory) to notify EPA and Environmental protection, Pesticides order enforcement pursuant to section comply with the statutory provisions and pests. 106 of CERCLA, 42 U.S.C. 9606, liability pertaining to the manufacture of new Dated: January 11, 2000. for injunctive relief pursuant to section chemicals. Under sections 5(d)(2) and James Jones, 7003 of the Resource Conservation and 5(d)(3) of TSCA, EPA is required to Director, Registration Division, Office of Recovery Act, 42 U.S.C. 6973, and publish a notice of receipt of a Pesticide Programs. provides contribution protection as premanufacture notice (PMN) or an [FR Doc. 00–1546 Filed 1–21–00; 8:45 am] provided by CERCLA sections 113(f)(2) application for a test marketing BILLING CODE 6560±50±F and 122(h)(4), 42 U.S.C. 9613(f)(2) and exemption (TME), and to publish 9622 (h)(4), conditioned upon periodic status reports on the chemicals satisfaction of obligations under the under review and the receipt of notices ENVIRONMENTAL PROTECTION Agreement. The Site is not on the NPL. AGENCY of commencement to manufacture those The Agreement was signed by the chemicals. This status report, which [FRL±6528±1] Regional Administrator, U.S. EPA, covers the period from December 6, Region 5, on December 23, 1999. 1999 to December 31, 1999, consists of Notice of Proposed Administrative DATES: Written comments on the the PMNs, pending or expired, and the Cost Recovery Settlement Pursuant to notices of commencement to the Comprehensive Environmental proposed Agreement must be received by U.S. EPA on or before February 23, manufacture a new chemical that the Response, Compensation, and Liability Agency has received under TSCA Act 2000. In accordance with section 7003(d) of RCRA, 42 U.S.C. 6973(d), section 5 during this time period. AGENCY: Environmental Protection commenters may request an opportunity ADDRESSES: Comments may be Agency. for a public hearing in the affected area. submitted by mail, electronically, or in

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3710 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices person. Please follow the detailed includes printed, paper versions of any information claimed as CBI, a copy of instructions for each method as electronic comments submitted during the comment that does not contain the provided in Unit I. of the an applicable comment period, is information claimed as CBI must be ‘‘SUPPLEMENTARY INFORMATION.’’ available for inspection in the TSCA submitted for inclusion in the public To ensure proper receipt by EPA, it is Nonconfidential Information Center, version of the official record. imperative that you identify docket North East Mall Rm. B–607, Waterside Information not marked confidential control number OPPTS–51940 and the Mall, 401 M St., SW., Washington, DC. will be included in the public version specific PMN number in the subject line The Center is open from noon to 4 p.m., of the official record without prior on the first page of your response. Monday through Friday, excluding legal notice. If you have any questions about FOR FURTHER INFORMATION CONTACT: Joe holidays. The telephone number of the CBI or the procedures for claiming CBI, Carra, Deputy Director, Office of Center is (202) 260–7099. please consult the person listed under Pollution Prevention and Toxics (7401), C. How and to Whom Do I Submit ‘‘FOR FURTHER INFORMATION Office of Pollution Prevention and Comments? CONTACT.’’ Toxics, Environmental Protection You may submit comments through E. What Should I Consider as I Prepare Agency, 401 M St., SW., Washington, the mail, in person, or electronically. To My Comments for EPA? DC 20460; telephone numbers: (202) ensure proper receipt by EPA, it is 554–1404 and TDD: (202) 554–0551; e- You may find the following imperative that you identify docket mail address: [email protected]. suggestions helpful for preparing your control number OPPTS–51940 and the comments: SUPPLEMENTARY INFORMATION: specific PMN number in the subject line 1. Explain your views as clearly as I. General Information on the first page of your response. 1. By mail. Submit your comments to: possible. A. Does this Action Apply to Me? Document Control Office (7407), Office 2. Describe any assumptions that you This action is directed to the public of Pollution Prevention and Toxics used. in general. As such, the Agency has not (OPPT), Environmental Protection 3. Provide copies of any technical attempted to describe the specific Agency, 401 M St., SW., Washington, information and/or data you used that entities that this action may apply to. DC 20460. support your views. Although others may be affected, this 2. In person or by courier. Deliver 4. If you estimate potential burden or action applies directly to the submitter your comments to: OPPT Document costs, explain how you arrived at the of the premanufacture notices addressed Control Office (DCO) in East Tower Rm. estimate that you provide. in the action. If you have any questions G–099, Waterside Mall, 401 M St., SW., 5. Provide specific examples to regarding the applicability of this action Washington, DC. The DCO is open from illustrate your concerns. to a particular entity, consult the person 8 a.m. to 4 p.m., Monday through listed under ‘‘FOR FURTHER 6. Offer alternative ways to improve Friday, excluding legal holidays. The the notice or collection activity. INFORMATION CONTACT.’’ telephone number for the DCO is (202) 7. Make sure to submit your 260–7093. B. How Can I Get Additional comments by the deadline in this Information, Including Copies of this 3. Electronically. You may submit your comments electronically by e-mail document. Document and Other Related 8. To ensure proper receipt by EPA, Documents? to: ‘‘[email protected],’’ or mail your computer disk to the address identified be sure to identify the docket control 1. Electronically. You may obtain in this unit. Do not submit any number assigned to this action in the copies of this document and certain information electronically that you subject line on the first page of your other available documents from the EPA consider to be CBI. Electronic comments response. You may also provide the Internet Home Page at http:// must be submitted as an ASCII file name, date, and Federal Register www.epa.gov/. On the Home Page select avoiding the use of special characters citation. ‘‘Laws and Regulations’’ and then look and any form of encryption. Comments II. Why is EPA Taking this Action? up the entry for this document under and data will also be accepted on the ‘‘Federal Register—Environmental standard disks in WordPerfect 6.1/8.0 or Section 5 of TSCA requires any Documents.’’ You can also go directly to ASCII file format. All comments in person who intends to manufacture the ‘‘Federal Register’’ listings at http:/ electronic form must be identified by (defined by statute to include import) a /www.epa.gov/fedrgstr/. docket control number OPPTS–51940 new chemical (i.e., a chemical not on 2. In person. The Agency has and the specific PMN number. the TSCA Inventory to notify EPA and established an official record for this Electronic comments may also be filed comply with the statutory provisions action under docket control number online at many Federal Depository pertaining to the manufacture of new OPPTS–51940. The official record Libraries. chemicals. Under sections 5(d)(2) and consists of the documents specifically 5(d)(3) of TSCA, EPA is required to referenced in this action, any public D. How Should I Handle CBI that I Want publish a notice of receipt of a PMN or comments received during an applicable to Submit to the Agency? an application for a TME and to publish comment period, and other information Do not submit any information periodic status reports on the chemicals related to this action, including any electronically that you consider to be under review and the receipt of notices information claimed as confidential CBI. You may claim information that of commencement to manufacture those business information (CBI). This official you submit to EPA in response to this chemicals. This status report, which record includes the documents that are document as CBI by marking any part or covers the period from December 6, physically located in the docket, as well all of that information as CBI. 1999 to December 31, 1999, consists of as the documents that are referenced in Information so marked will not be the PMNs, pending or expired, and the those documents. The public version of disclosed except in accordance with notices of commencement to the official record does not include any procedures set forth in 40 CFR part 2. manufacture a new chemical that the information claimed as CBI. The public In addition to one complete version of Agency has received under TSCA version of the official record, which the comment that includes any section 5 during this time period.

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III. Receipt and Status Report for PMNs are interested in information that is not the PMNs received by EPA during this included in the following tables, you period: the EPA case number assigned This status report identifies the may contact EPA as described in Unit II. to the PMN; the date the PMN was PMNs, pending or expired, and the to access additional non-CBI received by EPA; the projected end date notices of commencement to information that may be available. for EPA’s review of the PMN; the manufacture a new chemical that the In table I, EPA provides the following submitting manufacturer; the potential Agency has received under TSCA information (to the extent that such uses identified by the manufacturer in section 5 during this time period. If you information is not claimed as CBI) on the PMN; and the chemical identity. I. 81 Premanufacture Notices Received From: 12/06/99 to 12/31/99

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±00±0309 12/06/99 03/05/00 Eastman Chemical (S) Plastic additive (G) Substituted phtyalocyanine dye Company P±00±0310 12/06/99 03/05/00 CBI (G) For use as an exterior coating for (G) Acrylic polyester resin aluminum ``easy open ends'' for the beer and beverage can market P±00±0311 12/06/99 03/05/00 The Dow Chemical (S) Chemical intermediate for use on (G) Alkylphenol, potassium salt Company site P±00±0312 12/06/99 03/05/00 The Dow Chemical (G) Fuel additive and chemical inter- (G) Alkaryl polyoxyalkylene deriva- Company mediate tives P±00±0313 12/06/99 03/05/00 The Dow Chemical (G) Fuel additive and chemical inter- (G) Alkaryl polyoxyalkylene derivative Company mediate P±00±0314 12/06/99 03/05/00 CBI (G) Copying material (G) Triphenylamine derivative P±00±0315 12/07/99 03/06/00 CBI (G) Electronics thermosetting adhe- (G) Amino novolac sive P±00±0316 12/07/99 03/06/00 CBI (S) Antioxidant and /or stabilizer for (G) Propanoic acid, 3-(alkylthio)-, coating thiobis (alkylphenylene ester P±00±0317 12/08/99 03/07/00 Dow Corning Corpora- (S) Silicone textile treatment (G) Amino-functional siloxane tion P±00±0318 12/07/99 03/06/00 Ciba Specialty Chemi- (G) Textive dye (G) Cuprate(6-), [2-[[[[3-[[4-fluoro-6- cals Corporation [[2-[[4-fluoro-6-[[4- [(sulfonated alkyl) azo]phenyl] amino] -1,3,5- triazin-2-yl]amino]-1- methylethyl]amino] -1,3,5-triazin-2- yl]amino]-2-(hydroxy-.kappa.0)-5- sulfophenyl]azo-.kappa.n2] phenylmethyl]azo-.kappa.n1]-4- sulfobenzoate (8-)]-, potassium sodium* P±00±0319 12/07/99 03/06/00 CBI (G) Wax (G) Benzenedicar- boxylic acid, alkyl alkylaminocarbonyloxyethyl ester P±00±0320 12/07/99 03/06/00 CBI (G) Component of coating with open (G) Blocked isocyanate use P±00±0321 12/07/99 03/06/00 CBI (G) Additive for manufacture of arti- (G) Polyamide amine epichlorohydrin cles resin P±00±0322 12/07/99 03/06/00 CBI (G) Additive for manufacture of arti- (G) Polyamide amine epichlorohydrin cles resin P±00±0323 12/07/99 03/06/00 CBI (G) Additive for manufacture of arti- (G) Polyamide amine epichlorohydrin cles resin P±00±0324 12/07/99 03/06/00 CBI (G) Additive for manufacture of arti- (G) Polyamide amine epichlorohydrin cles resin P±00±0325 12/07/99 03/06/00 CBI (G) Chemical process intermediate (G) Polyamide amine P±00±0326 12/09/99 03/08/00 CBI (G) Additive for plastics and plastic (G) Aliphatic urethane surfaces; additive for surface coat- ings P±00±0327 12/09/99 03/08/00 CBI (G) Inhibitor (G) Amine salt P±00±0328 12/10/99 03/09/00 CBI (G) Intermediate for exterior coating (G) Maleic anhydride polyester for aluminum beer and beverage can ends P±00±0329 12/13/99 03/12/00 CBI (G) Open non-dispersive (resin) (G) Aliphatic polyisocyanate P±00±0330 12/13/99 03/12/00 CBI (S) Chemical intermediate (S) Oxirane, [[[(1r,2s,5r)-5-methyl-2- (1-methylethyl) cyclohexyl] oxy]methyl]-* P±00±0331 12/13/99 03/12/00 CBI (S) Thickener for water-based binders (G) Vinylpyrrolidone vinylester copoly- in non-woven systems mer P±00±0332 12/13/99 03/12/00 CBI (S) Adhesion promotor for coatings (G) Olefinic adhesion promotor P±00±0333 12/14/99 03/13/00 CBI (G) Additive (G) Salt of an acrylate copolymer P±00±0334 12/14/99 03/13/00 CBI (G) Additive (G) Salt of an acrylate terpolymer

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I. 81 Premanufacture Notices Received From: 12/06/99 to 12/31/99ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±00±0335 12/13/99 03/12/00 Dainippon Ink and (S) Uv curable resin for uv inks (G) Polyurethane resin Chemicals, Inc. P±00±0336 12/13/99 03/12/00 Cytec Industries Inc. (G) Flocculant in oil/water separation, (G) Liquid anionic polymer soil erosion stabilizer in irrigation farming, flocculant in municiple, mining and industrial waste water. P±00±0337 12/13/99 03/12/00 Cytec Industries Inc. (G) Flocculant in oil/water separation, (G) Liquid anionic polymer soil erosion stabilizer in irrigation farming, flocculant in municiple, mining and industrial waste water. P±00±0338 12/14/99 03/13/00 International Specialty (S) Intermediate for photographic (S) 1-(2,5-dimethoxy-phenyl)-propan- Products dyes 2-one* P±00±0339 12/14/99 03/13/00 International Specialty (S) Intermediate in production of pho- (S) 1-(2,5-dimethoxy-phenyl)- Products tographic dyes propanol* P±00±0340 12/15/99 03/14/00 Condea Vista Com- (S) Formulation of paraffin inhibitors (S) 2-propenoic acid, 2-methyl-, 2-hy- pany for processing crude oil droxyethyl ester, polymer with ethene, ethenyl acetate and 2- ethylhexyl 2-propenoate* P±00±0341 12/15/99 03/14/00 CBI (S) An intermediate that will be iso- (G) Urethane acrylate lated and used in the manufacture of an industrial coating that cures under exposure of ultra violet light P±00±0342 12/15/99 03/14/00 CBI (G) Open, non-dispersive use (G) Blocked isocyanate polymer P±00±0343 12/15/99 03/14/00 Novartis Crop Protec- (S) Intermediate in the manufacture of (S) Ethanone, 1-[3- tion, Inc. an intermediate of a fungicide (trifluoromethyl)phenyl]-, oxime* P±00±0344 12/15/99 03/14/00 CBI (S) Base fluid for hydraulic fluids; (G) Mixed polyol-glycerol fatty aid base fluid for engine lubricants ester P±00±0345 12/15/99 03/14/00 CBI (G) Component of coating with open (G) Styrene acrylate use P±00±0346 12/14/99 03/13/00 CBI (G) Petroleum additive (G) Alkylated phenol P±00±0347 12/16/99 03/15/00 CBI (G) Open non-dispersive (poly- (G) Aromatic isocyanate urethane microcellular elastomer) P±00±0348 12/15/99 03/14/00 CBI (G) Wax (G) N,N′-bis (octadecanoyl) hexylenediamine, or hexamethyl enebiss tearamide* P±00±0349 12/16/99 03/15/00 Ciba Specialty Chem. (G) Textile dye (G) Benzoic acid, 3,5-diamino-2,4- Corp., Colors Divi- bis[[4-[[2-(sulfooxy)ethyl] sion sulfonyl]azo]-6-[[2-sulfo-4-[sub- stituted]phenyl]azo]-, sodium salt P±00±0350 12/17/99 03/16/00 CBI (G) Open,non-dispersive use. (G) Ketimine functional oligomer P±00±0351 12/16/99 03/15/00 CBI (G) Dye (G) Sulphonated azo dye P±00±0352 12/16/99 03/15/00 CBI (G) Open non-dispersive (additive) (G) Organic disulfide P±00±0353 12/17/99 03/16/00 CBI (G) Additive for surface coat- (G) Aliphatic urethane ings;additive for plastics and plastic surfaces P±00±0354 12/17/99 03/16/00 CBI (G) Adhesive component (G) Polyester-polyvinyl modified mdi- based polyurethane P±00±0355 12/17/99 03/16/00 International Specialty (S) Dye transfer inhibitor for deter- (S) Acetic acid, chloro-, sodium salt, Products gents cmpd. with 4-ethenylpyridine homopolymer* P±00±0356 12/21/99 03/20/00 Pilot Chemical Com- (G) Chemical intermediate - destruc- (G) Alkarylsulfonic acid. pany tive use P±00±0357 12/21/99 03/20/00 CBI (G) An open non-dispersive use (G) Polyether - type polyurethane P±00±0358 12/20/99 03/19/00 CBI (G) Copying material (G) Triphenylamine derivative P±00±0359 12/20/99 03/19/00 Ruetgers Organics (S) Ph adjuster (G) Alkylnaphthalenesulfonic acid Corporation P±00±0360 12/20/99 03/19/00 Arizona Chemical (S) Tackifier for adhesives & hot (G) Modified terpene-phenol resin melts P±00±0361 12/22/99 03/21/00 Reichhold, Inc. (G) Coating additive (G) Triethylamine salt of aliphatic ure- thane polymer P±00±0362 12/22/99 03/21/00 CBI (G) Adhesive component (G) 1,1′ methylenebis [isocyanatobenzene], polymer with polyether polyols, a polyester polyol, and a modified polyvinyl co- polymer P±00±0363 12/27/99 03/26/00 CBI (G) Open-non-dispersive (co-reactant) (G) Asphatic ester

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I. 81 Premanufacture Notices Received From: 12/06/99 to 12/31/99ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±00±0364 12/27/99 03/26/00 CBI (G) Open, non-dispersive use (G) Copper complex of (substituted sulfonaphthyl azo substituted phenyl) disulfonaphthyl azo, amine salt P±00±0365 12/27/99 03/26/00 CBI (G) Destructive use (G) Copper complex of (substituted sulfonaphthyl azo substituted phenyl) disulfonaphthyl azo, salt P±00±0366 12/28/99 03/27/00 CBI (S) Intermediate synthesis for higher (G) Alloy of polyolefin and polyamide molecular weight polymer used in sheet molding; intermediate syn- thesis for higher molecular weight polymer used in injection molding P±00±0367 12/28/99 03/27/00 CBI (S) Intermediate synthesis for higher (G) Alloy of polyolefin and polyamide molecular weight polymer used in sheet molding; intermediate syn- thesis for higher molecular weight polymer used in injection molding P±00±0368 12/27/99 03/26/00 CBI (S) Thermal developer for paper (G) Benzenesulfon- amide derivative P±00±0369 12/27/99 03/26/00 Bedoukian Research, (S) Agricultural pheromone for use as (S) 5-nonanone, 4-methyl- Inc. sole active ingredient in monitoring traps. 40 CFR 152.10(b) (not pes- ticide);agricultural phenomone for use as sole active ingredient in traps to achieve pest control. 40 CFR 152.25(b)(4). P±00±0370 12/28/99 03/27/00 CBI (S) Precursor used in the manufac- (G) Aliphatic alcohol ture of acrylic monomer P±00±0371 12/27/99 03/26/00 CBI (G) Halogenating chemical inter- (G) Halogenated boron - alkyl cyanide mediate for industrial chemical syn- complex thesis reactions P±00±0372 12/28/99 03/27/00 CBI (S) Monomer used in the manufac- (G) Acrylic monomer turer of acrylic polymers P±00±0373 12/28/99 03/27/00 CBI (S) Raw material used in the manu- (G) P-hydroxystyrene-methacrylate facture of photoresist copolymer P±00±0374 12/27/99 03/26/00 CBI (S) Polymer for adhesive manufacture (G) Isocyanate functional polycarbamoyl (polyalkylene oxide)polyurea oligomer P±00±0375 12/27/99 03/26/00 CBI (S) Crosslinking urethane resin for (G) Polyurethane crosslinking resin coatings applied by electrode posi- blocked with me et ketone oxime tion P±00±0376 12/29/99 03/28/00 CBI (S) Reactive dye for finishing cel- (S) 1,5-naphthalenedisulfonic acid, lulosic fabrics 2(or 3)-[[8-amino-7-[[5-[[4-[4-[2-[[4- [[3-[[1-amino-7-[[1,5 (or 4,8) -disulfo-2-naphthalenyl]azo]-8-hy- droxy-3,6-disulfo-2- naphthalenyl]azo]-4- sulfophenyl]amino]-6-chloro-1,3,5- triazin-2-yl]amino]-2- sulfophenyl]azo]-1-hydroxy-3,6- disulfo-2-naphthalenyl]azo]-, sodium salt* P±00±0377 12/27/99 03/26/00 Daikin America, Inc. (S) Risin for paint (G) Fluoroolefin copolymer P±00±0378 12/28/99 03/27/00 CBI (S) used to formulate water-based ad- (G) Polyester-polyurethane-elastomer hesive for technical lamination dispersion P±00±0379 12/28/99 03/27/00 Vianova Resins Inc., (S) Resin in automotive coatings (G) Blocked polyurethane resin, Mallard Creek Cen- amine salt ter P±00±0380 12/28/99 03/27/00 International Specialty (S) Intermediate in production of pho- (S) Benzeneethanol, 2,5-dimethoxy- Products tographic dyes .alpha.-methyl* P±00±0381 12/29/99 03/28/00 CBI (S) Elastomer resin for spinning into (S) 1,4-benzenedicar- fiber* boxylic acid, dimethyl ester, polymer with α-hydro-omega- hydroxypoly(oxy-1,4-butanediyl) and 1,3-propanediol* P±00±0382 12/29/99 03/28/00 CBI (S) Elastomer resin for spinning into (S) 1,4-benzenedicarboxylic acid, di- fiber* methyl ester, polymer with 1,3- propanediol, tetrahydrofuran and tetrahydro-3-methylfuran*

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I. 81 Premanufacture Notices Received From: 12/06/99 to 12/31/99ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±00±0383 12/29/99 03/28/00 CBI (G) Component of coating with open (G) Water dispersible cationic acrylic use resin P±00±0384 12/29/99 03/28/00 CBI (G) Component of coating with open (G) Water dispersible cationic acrylic use resin P±00±0385 12/29/99 03/28/00 CBI (G) Component of coating with open (G) Water dispersible cationic acrylic use resin P±00±0386 12/29/99 03/28/00 CBI (G) Component of coating with open (G) Water dispersible cationic acrylic use resin P±00±0387 12/29/99 03/28/00 CBI (G) Component of coating with open (G) Water dispersible cationic acrylic use resin P±00±0388 12/29/99 03/28/00 CBI (G) Component of coating with open (G) Water dispersible cationic acrylic use resin P±00±0390 12/29/99 03/28/00 CBI (G) Component of low viscosity indus- (S) C10 to C24 branched alkanes* trial lubricant

In table II, EPA provides the following the Notices of Commencement to information (to the extent that such manufacture received: information is not claimed as CBI) on II. 46 Notices of Commencement From: 12/06/99 to 12/31/99

Commencement/Im- Case No. Received Date port Date Chemical

P±94±2136 12/10/99 12/06/99 (G) Polyalphaolefins P±96±1162 12/13/99 11/13/99 (G) Fatty acids, C18-unsatd. dimers, polymers with ethylenediamine, a dibasic acid, diamines and a mono-basic acid. P±96±1624 12/13/99 12/06/99 (G) Quaternary ammonium salt P±97±0677 12/14/99 11/19/99 (G) Mixed alkyl aluminoxanes P±97±1007 12/10/99 12/01/99 (G) Polyurethane prepolymer P±98±0408 12/06/99 11/03/99 (G) Substituted styrene-acrylate polymer P±98±0937 12/09/99 12/07/99 (G) Polyester polyether urethane block copolymer P±98±0947 12/09/99 12/07/99 (G) Polyester polyether urethane block copolymer P±98±1006 12/16/99 11/19/99 (G) Amino substituted butyric acid ester P±99±0277 12/07/99 11/29/99 (G) 2,7-naphthalenedisulfonic acid, 5-substituted-4-hydroxy-3-substituted azo, salt P±99±0523 12/09/99 12/01/99 (G) Substituted polyoxyethylene P±99±0549 12/10/99 11/11/99 (G) Polyester urethane polymer P±99±0698 12/17/99 12/08/99 (G) Aliphatic, aromatic polyol P±99±0708 12/13/99 11/26/99 (G) Epoxy-isocyanate co-polymer P±99±0775 12/14/99 11/24/99 (G) Alkyl methacrylate copolymer P±99±0777 12/13/99 11/24/99 (G) Alkyl methacrylate copolymer P±99±0815 12/14/99 12/04/99 (G) Complex acids/amine condensation products P±99±0900 12/17/99 12/06/99 (G) Quinoline dyestuff P±99±0917 12/10/99 11/24/99 (G) Methacrylate polymer P±99±0919 12/10/99 11/24/99 (G) Methacrylate copolymer P±99±0933 12/13/99 11/24/99 (G) Alkyl methacrylate copolymer P±99±0990 12/17/99 12/10/99 (G) Cobaltate (5-, bis[4-[[6-[(substituted)-1,3,5-triazin-2-yl) amino]-1-hy- droxy-3-sulfo-2-naphthalenyl]azo]-3-hydroxy-7-substituted-1- naphthalenesulfonato(4-)]-, pentasodium P±99±0999 12/07/99 11/11/99 (G) Polyoxyethylene derivative P±99±1010 12/09/99 11/24/99 (G) Substituted butanoic acid P±99±1011 12/09/99 11/20/99 (G) Substituted halo butanoic acid, ester P±99±1012 12/09/99 11/21/99 (G) Substituted butanoic acid, ester P±99±1022 12/13/99 12/01/99 (G) Triazolo thiadiazinyl substituted acetamide P±99±1025 12/13/99 12/01/99 (G) Substituted butanoic acid, heterocyclic hydrazide P±99±1048 12/20/99 12/13/99 (G) Polycarbonate polyol P±99±1067 12/13/99 11/15/99 (G) Poly (arylene ether) P±99±1069 12/06/99 11/24/99 (G) Polyalkoxylated aromatic amine tint P±99±1168 12/10/99 11/29/99 (G) Acrylic emulsion copolymer P±99±1169 12/10/99 11/29/99 (G) Acrylic emulsion copolymer P±99±1170 12/10/99 11/29/99 (G) Acrylic emulsion copolymer P±99±1171 12/10/99 11/29/99 (G) Acrylic emulsion copolymer P±99±1175 12/13/99 12/02/99 (G) Triazolo thiadiazinyl amino substituted acetamide P±99±1176 12/14/99 11/24/99 (S) Hexanoic acid, 2-bromo-, methyl ester* P±99±1200 12/06/99 11/10/99 (S) Alcohols, C11±14-isoalkyl, C13-rich, butoxylated ethoxylated*

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II. 46 Notices of Commencement From: 12/06/99 to 12/31/99ÐContinued

Commencement/Im- Case No. Received Date port Date Chemical

P±99±1230 12/14/99 11/25/99 (S) 1,3-benzenedicarboxylic acid, polymer with 2-butyl-2-ethyl-1,3- propanediol, 1,4-cyclohexanedicarboxylic acid, 2-ethyl-2- (hydroxymethyl)-1,3-propanediol, hexanedioic acid and 1,3- isobenzofurandione, 2-hydroxy-3-[(1-oxoneodecyl)oxy]propyl ester, 3- oxobutanoate* P±99±1231 12/10/99 12/07/99 (S) Siloxanes and silicones, di-me, me hydrogen, me pr, reaction prod- ucts with polyethylene-polypropylene glycol allyl bu ether and poly- ethylene-polypropylene glycol monoally ether* P±99±1250 12/09/99 12/01/99 (G) Polyester polyol polyurethane and organopolysiloxane containing hydroxy group copolymer P±99±1284 12/14/99 12/05/99 (G) Substituted benzenesulfonyl chloride* P±99±1285 12/14/99 12/08/99 (G) Substituted benzenesulfinic acid salt P±99±1290 12/16/99 12/03/99 (G) Substituted hydroxyphenyl halosubstituted benzamide P±99±1303 12/14/99 12/07/99 (G) Substituted hydroxyhalophenyl halobenzamide P±99±1304 12/09/99 11/30/99 (G) Substituted benzenesulfonic acid salt

List of Subjects 1. The International Bureau satellite has been authorized to serve the Environmental protection, Chemicals, announces its interpretation of its United States. Originally, earth station Premanufacture notices, Test marketing Exclusion List for International section operators with ALSAT licenses were exemptions. 214 Authorizations (Exclusion List) to permitted to access any U.S.-licensed conform to a recent Commission order satellite. In the DISCO II Recon. Dated: January 12, 2000, streamlining rules relating to the use of proceeding, these licensees’ authority Deborah A. Williams, non-U.S. licensed satellite systems. See was expanded to include non-U.S.- Acting Director, Information Management Amendment of the Commission’s licensed satellites on the Permitted Division, Office of Pollution Prevention and Regulatory Policies to Allow Non-U.S. Space Station List. Pursuant to the Toxics. Licensed Space Stations to Provide DISCO II Recon. proceeding, the [FR Doc. 00–1549 Filed 1–21–00; 8:45 am] Domestic and International Satellite International Bureau will keep a list of BILLING CODE 6560±50±F Service in the United States, IB Docket such authorized non-U.S.-licensed No. 96–111, FCC 99–325 (64 FR 61791, satellite systems to be referred to as the November 15, 1999). Permitted Space Station List FEDERAL COMMUNICATIONS 2. The Commission developed the (www.fcc.gov/ib/srd/se/ COMMISSION Exclusion List as a procedural permitted.html). mechanism to identify restrictions on 4. In light of the DISCO II Recon. [DA 99±2844] providing common carrier service. The proceeding, it is not necessary to require Process for Providing Service Under Exclusion List identifies those countries holders of global section 214 Global International section 214 or facilities that are not included within authorizations to file for and obtain a Authorizations Using Approved Non- the scope of a global section 214 separate section 214 authorization for U.S.-Licensed Satellite Systems Listed authorization (61 FR 15724, April 9, non-U.S.-licensed satellite systems that on the Permitted Space Station List 1996). When a carrier seeks to use have been authorized to provide fixed- facilities or serve a country that is on satellite service in the United States and AGENCY: Federal Communications the Exclusion List, the carrier must file placed on the Permitted Space Station Commission. a separate section 214 application List. Prior to placing a space station on ACTION: Notice. pursuant to § 63.18(e)(4) of the the Permitted Space Station List, the Commission’s rules. Commission will conduct a proceeding SUMMARY: This document announces a 3. Currently, the Exclusion List that will provide parties notice and an change in the International Bureau’s prohibits carriers from using all non- opportunity to comment on any interpretation of its Exclusion List in U.S.-licensed satellite systems without potential Title III or section 214 issues light of the Commission’s decision in obtaining a separate section 214 raised by permitting operators with the DISCO II Recon. proceeding. This authorization (64 FR 19057, April 19, ALSAT licenses to access the non-U.S.- action will reduce the regulatory burden 1999). The Commission, however, licensed satellite. on carriers seeking to provide recently changed its rules regarding the 5. Accordingly, we interpret the international services using certain non- use of non-U.S.-licensed satellite Exclusion List restriction for all non- U.S.-licensed satellite systems by systems in the DISCO II Recon. U.S.-licensed satellite systems to refer permitting the use of pre-approved proceeding. In the DISCO II Recon. only to non-U.S.-licensed satellite satellites under global international proceeding, the Commission simplified systems that are not listed on the section 214 authorizations without the the process by which authorized non- Permitted Space Station List. This need to obtain separate authority for U.S.-licensed fixed satellites may serve interpretation will avoid confusion, such non-U.S.-licensed satellites. the U.S. market. In particular, U.S. earth reduce regulatory burden, and ensure DATES: Effective December 22, 1999. station operators with ALSAT licenses that the Exclusion List is consistent FOR FURTHER INFORMATION CONTACT: Lisa will be permitted to access a non-U.S.- with the Commission’s policies. This Choi, Policy and Facilities Branch, licensed satellite to provide fixed- interpretation of the Exclusion List Telecommunications Division, satellite service in the conventional C- became effective December 22, 1999. International Bureau, (202) 418–1460. or Ku-bands without further regulatory The announcement of the effective date SUPPLEMENTARY INFORMATION: approval, once that non-U.S.-licensed of the DISCO II Recon. proceeding is

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3716 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices published elsewhere in this issue of the Control Act (12 U.S.C. 1817(j)) and standards in section 4 of the BHC Act FR. Until the DISCO II Recon. § 225.41 of the Board’s Regulation Y (12 (12 U.S.C. 1843). Unless otherwise proceeding became effective, the CFR 225.41) to acquire a bank or bank noted, nonbanking activities will be Commission required that carriers holding company. The factors that are conducted throughout the United States. wishing to use non-U.S.-licensed considered in acting on the notices are Unless otherwise noted, comments satellite systems must file a separate set forth in paragraph 7 of the Act (12 regarding each of these applications section 214 application pursuant to U.S.C. 1817(j)(7)). must be received at the Reserve Bank § 63.18(e)(4) of the Commission’s rules. The notices are available for indicated or the offices of the Board of immediate inspection at the Federal Federal Communications Commission. Governors not later than February 17, Reserve Bank indicated. The notices Magalie Roman Salas, 2000. also will be available for inspection at A. Federal Reserve Bank of Richmond Secretary. the offices of the Board of Governors. (A. Linwood Gill, III, Assistant Vice Attachment—Exclusion List for Interested persons may express their President), 701 Easy Byrd Street, International Section 214 Authorizations views in writing to the Reserve Bank Richmond, Virginia 23261–4528: Last Modified December 22, 1999 indicated for that notice or to the offices 1. FNB Corp., Asheboro, North The following is a list of countries and of the Board of Governors. Comments Carolina; to acquire 100 percent of the facilities not covered by grant of global must be received not later than February voting shares of Carolina Fincorp, Inc., section 214 authority under § 63.18(e)(1) of 7, 2000. Rockingham, North Carolina, and the Commission’s Rules, 47 CFR 63.18(e)(1). A. Federal Reserve Bank of Chicago thereby indirectly acquire Richmond In addition, the facilities listed shall not be (Philip Jackson, Applications Officer), Savings Bank, Inc., SSB, Rockingham, used by U.S. carriers authorized under 230 South LaSalle Street, Chicago, § 63.18 of the Commission’s Rules unless the North Carolina. Illinois 60690–1413: B. Federal Reserve Bank of Atlanta carrier’s section 214 authorization 1. Horizon Bancorp Employees’ Stock specifically lists the facility. (Lois Berthaume, Vice President), 104 Carriers desiring to serve countries or use Bonus Plan Trust, Michigan City, Marietta Street, N.W., Atlanta, Georgia facilities listed as excluded hereon shall file Indiana; to acquire voting shares of 30303–2713: a separate section 214 application pursuant Horizon Bancorp, and thereby indirectly 1. Vision Bancshares, Inc., Gulf to § 63.18(e)(4) of the Commission’s Rules. acquire Horizon Bank, N.A., both of Shores, Alabama; to become a bank See generally 47 CFR 63.22. Michigan City, Indiana. Countries: Cuba (Applications for service holding company by acquiring 100 Board of Governors of the Federal Reserve to Cuba shall comply with the separate filing percent of the voting shares of Vision System, January 18, 2000. requirements of the Commission’s Public Bank (in organization), Gulf Shores, Notice Report No. I–6831, dated July 27, Robert deV. Frierson, Alabama. 1993, ‘‘FCC to Accept Applications for Associate Secretary of the Board. C. Federal Reserve Bank of St. Louis Service to Cuba.’’) [FR Doc. 00–1577 Filed 1–21–00; 8:45 am] (Randall C. Sumner, Vice President), Facilities: All non-U.S.-licensed satellite BILLING CODE 6210±01±P 411 Locust Street, St. Louis, Missouri systems that are not on the Permitted Space 63102–2034: Station List, maintained at www.fcc.gov/ib/ 1. National Commerce srd/se/permitted.html. See International FEDERAL RESERVE SYSTEM Bureau Public Notice, DA 99–2844 (rel. Dec. Bancorporation, Memphis, Tennessee; 17, 1999). to acquire 100 percent of the voting Formations of, Acquisitions by, and shares of Piedmont Bancorp, Inc., This list is subject to change by the Mergers of Bank Holding Companies Commission when the public interest Hillsborough, North Carolina, and requires. Before amending the list, the The companies listed in this notice thereby indirectly acquire Hillsborough Commission will first issue a public notice have applied to the Board for approval, Savings Bank, Inc., SSB, Hillsborough, giving affected parties the opportunity for pursuant to the Bank Holding Company North Carolina. comment and hearing on the proposed Act of 1956 (12 U.S.C. 1841 et seq.) D. Federal Reserve Bank of Dallas (W. changes. The Commission may then release Arthur Tribble, Vice President), 2200 an order amending the exclusion list. This (BHC Act), Regulation Y (12 CFR Part list also is subject to change upon issuance 225), and all other applicable statutes North Pearl Street, Dallas, Texas 75201– of an Executive Order. See Streamlining the and regulations to become a bank 2272: section 214 Authorization Process and Tariff holding company and/or to acquire the 1. Mesquite Financial Services, Inc., Requirements, IB Docket No. 95–118, FCC assets or the ownership of, control of, or Alice, Texas; to acquire 100 percent of 96–79, 11 FCC Rcd 12,884, released March the power to vote shares of a bank or the voting shares of Falfurrias State 13, 1996 (61 Fed. Reg. 15,724, April 9, 1996). bank holding company and all of the Bank, Falfurrias, Texas. Comments on A current version of this list is maintained banks and nonbanking companies this application must be received by at http://www.fcc.gov/ib/td/pf/ February 15, 2000. exclusionlist.html. For additional owned by the bank holding company, information, contact the International including the companies listed below. E. Federal Reserve Bank of San Bureau’s Telecommunications Division, The applications listed below, as well Francisco (Maria Villanueva, Consumer Policy & Facilities Branch, (202) 418–1460. as other related filings required by the Regulation Group), 101 Market Street, [FR Doc. 00–1620 Filed 1–21–00; 8:45 am] Board, are available for immediate San Francisco, California 94105–1579: BILLING CODE 6712±01±U inspection at the Federal Reserve Bank 1. Eggemeyer Advisory Corp.; WJR indicated. The application also will be Corp.; Castle Creek Capital LLC; Castle available for inspection at the offices of Creek Capital Partners Fund I, LP; Castle the Board of Governors. Interested Creek Capital Partners Fund IIa, LP; FEDERAL RESERVE SYSTEM persons may express their views in Castle Creek Capital Partners Fund IIb, Change in Bank Control Notices; writing on the standards enumerated in LP, all of Rancho Santa Fe, California; Acquisitions of Shares of Banks or the BHC Act (12 U.S.C. 1842(c)). If the to acquire up to 35 percent of the voting Bank Holding Companies proposal also involves the acquisition of shares of First Community Bancorp, a nonbanking company, the review also Rancho Santa Fe, California, and The notificants listed below have includes whether the acquisition of the thereby indirectly acquire Rancho Santa applied under the Change in Bank nonbanking company complies with the Fe National Bank, Rancho Santa Fe,

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California, and First Community Bank DEPARTMENT OF HEALTH AND upon his return to Cornell University of the Desert, Indian Wells, California. HUMAN SERVICES from the Aaron Diamond Foundation. (2) that, for a period of three (3) years 2. First Community Bancorp, Rancho Office of the Secretary Santa Fe, California; to become a bank beginning on December 28, 1999, any holding company by acquiring 100 Findings of Scientific Misconduct institution (including but not limited to percent of the voting shares of Rancho Cornell University and the Aaron Santa Fe National Bank, Rancho Santa AGENCY: Office of the Secretary, HHS. Diamond Foundation) that submits an application for U.S. Public Health Fe, California, and First Community ACTION: Notice. Bank of the Desert, Indian Wells, Service (PHS) support for a research project on which Dr. John Ho’s California. SUMMARY: Notice is hereby given that participation is proposed or which uses the Office of Research Integrity (ORI) Board of Governors of the Federal Reserve him in any capacity on PHS supported has made a final finding of scientific System, January 18, 2000. research, or that submits a report of misconduct in the following case: Robert deV. Frierson, PHS-funded research in which he is John L. Ho, M.D., Cornell University: Associate Secretary of the Board. involved, must concurrently submit to Based on a report dated June 16, 1999, PHS and ORI: [FR Doc. 00–1576 Filed 1–21–00; 8:45 am] by Cornell University (Report), as well BILLING CODE 6210±01±P as information obtained by ORI during a. a plan for supervision of his duties its oversight review, ORI found that Dr. during the particular PHS-related John Ho, Associate Professor, project at issue, which must be designed Department of Medicine and to ensure the scientific integrity of his FEDERAL TRADE COMMISSION Department of Microbiology at Cornell research contribution; and University Medical College, engaged in b. a certification that the data Revised Jurisdictional Thresholds for scientific misconduct by reporting provided by Dr. John Ho are based on Section 8 of the Clayton Act falsified and fabricated research results actual experiments or are otherwise in a National Heart, Lung, and Blood legitimately derived, and that the data, AGENCY: Federal Trade Commission. Institute (NHLBI), National Institutes of procedures, and methodology are accurately reported in the application or ACTION: Notice. Health (NIH), grant application. Specifically, ORI found that Dr. John research report. SUMMARY: The Federal Trade Ho committed scientific misconduct in (3) to exclude himself from serving in Commission announces the revised connection with the data contained in any advisory capacity to PHS, including but not limited to service on any PHS thresholds for interlocking directorates Figure 10 of the Application that purportedly demonstrated cytokine advisory committee, board, and/or peer required by the 1990 amendment of production heterogeneity. Dr. John Ho review committee, or as a consultant for section 8 of the Clayton Act. Section 8 falsified the text describing Panel 2 of a three (3) year period beginning prohibits, with certain exceptions, one Figure 10 by representing that the December 28, 1999. person from serving as a director or γ interferon- values reflected data from Further, in the event that Dr. John Ho officer of two competing corporations if 25 donors when values from only four two thresholds are met. Competitor obtains a new employer at anytime donors had been obtained. In addition, during the three (3) year period corporations are covered by section 8 if Dr. John Ho falsified the data entries for beginning on December 28, 1999, Dr. each one has capital, surplus, and Panels 1 and 3 of Figure 10 by John Ho has agreed to: undivided profits aggregating more than representing that approximately 19 and (1) notify ORI in writing no later than $10,000,000, with the exception that no 25 donor samples, respectively, were ten (10) business days after the corporation is covered if the competitive studied when only three and six commencement of his new employment sales of either corporation are less than genuine values were obtained, the of the name and address of his new $1,000,000. Section 8(a)(5) requires the remaining symbols reflecting fabricated employer; Federal Trade Commission to revise results. those thresholds annually, based on the Dr. John Ho has accepted the ORI (2) provide his new employer with a change in gross national product. The finding and has entered into a Voluntary copy of the Agreement (including the new thresholds, which take effect Exclusion Agreement with ORI in which Cornell Plan); and immediately, are $16,732,000 for section he has voluntarily agreed: (3) ensure that, for so long as the 8(a)(1), and $1,673,200 for section (1) to comply with all terms and Cornell Plan is in effect, his new 8(a)(2)(A). conditions of the plan for remedial employer will agree to assume the training and scientific and scientific and research oversight EFFECTIVE DATE: January 24, 2000. administrative oversight imposed by responsibilities adopted by Cornell University pursuant to paragraphs 1, 2, FOR FURTHER INFORMATION CONTACT: H. Cornell University. Pursuant to the and 3 of the Cornell Plan. Gabriel Dagen, Bureau of Competition, Cornell Plan, Dr. John Ho can return to Office of Accounting and Financial work at Cornell University only after it FOR FURTHER INFORMATION CONTACT: Analysis, (202) 326–2573. receives written confirmation from Dr. Acting Director, Division of Research David Ho that Dr. John Ho has Investigations, Office of Research Authority: 15 U.S.C. 19(a)(5). successfully completed a program of Integrity, 5515 Security Lane, Suite 700, By direction of the Commission. remedial training of at least one (1) Rockville, MD 20852, (301) 443–5330. Donald S. Clark, year’s duration at the Aaron Diamond Foundation. Under the terms of the Chris B. Pascal, Secretary. Cornell Plan, Dr. John Ho will be subject Acting Director, Office of Research Integrity. [FR Doc. 00–1653 Filed 1–21–00; 8:45am] to a two (2) year plan of scientific and [FR Doc. 00–1621 Filed 1–21–00; 8:45 am] BILLING CODE 6750±01±M administrative oversight of his research BILLING CODE 4160±17±P

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DEPARTMENT OF HEALTH AND Matters To Be Discussed: Agenda items procedures for ATSDR’s public health HUMAN SERVICES will include a dialogue on issues that are activities at DOE sites required under unique to tribal involvement with the HHES. sections 104, 105, 107, and 120 of the Agency for Toxic Substance and This will include updating tribal members of Comprehensive Environmental Disease Registry the cooperative agreement activities in environmental health capacity building and Response, Compensation, and Liability providing support for tribal involvement in Act (CERCLA or ‘‘Superfund’’). These Public Meeting of the Inter-tribal and representation on the HHES. activities include health consultations Council on Hanford Health Projects Agenda items are subject to change as and public health assessments at DOE (ICHHP) in Association With the priorities dictate. sites listed on, or proposed for, the Citizens Advisory Committee on Public Contact Persons For More Information: Superfund National Priorities List and Health Service (PHS) Activities and Leslie C. Campbell, Executive Secretary at sites that are the subject of petitions Research at Department of Energy HHES, Division of Health Assessment and from the public; and other health- Consultation, ATSDR, 1600 Clifton Road, NE (DOE) Sites: Hanford Health Effects related activities such as epidemiologic Subcommittee M/S E–32, Atlanta, Georgia 30333, telephone 1–888/42–ATSDR (28737), fax 404/639–0654. studies, health surveillance, exposure Name: Public meeting of the Inter-tribal The Director, Management Analysis and and disease registries, health education, Council on Hanford Health Projects (ICHHP) Services office has been delegated the substance-specific applied research, in association with the Citizens Advisory authority to sign Federal Register notices emergency response, and preparation of Committee on PHS Activities and Research at pertaining to announcements of meetings and toxicological profiles. In addition, under DOE Sites: Hanford Health Effects other committee management activities, for an MOU signed in December 1990 with Subcommittee (HHES). both the Centers for Disease Control and DOE and replaced by an MOU signed in Time and Date: 9 a.m.–4 p.m., February 9, Prevention and the Agency for Toxic Substances and Disease Registry. 1996, the Department of Health and 2000. Human Services (HHS) has been given Place: DoubleTree Hotel Portland— Dated: January 18, 2000. the responsibility and resources for Downtown, 310 S.W. Lincoln, Portland, Carolyn J. Russell, Oregon 97201, telephone: (503) 221–0450. conducting analytic epidemiologic Status: Open to the public, limited only by Director, Management Analysis and Services investigations of residents of the space available. The meeting room Office, Centers for Disease Control and communities in the vicinity of DOE accommodates approximately 50 people. Prevention. facilities, workers at DOE facilities, and Background: Under a Memorandum of [FR Doc. 00–1591 Filed 1–21–00; 8:45 am] other persons potentially exposed to Understanding (MOU) signed in October BILLING CODE 4163±18±P radiation or to potential hazards from 1990 and renewed in November 1992 non-nuclear energy production and use. between ATSDR and DOE. The MOU HHS has delegated program delineates the responsibilities and DEPARTMENT OF HEALTH AND responsibility to CDC. procedures for ATSDR’s public health HUMAN SERVICES Purpose: This subcommittee is activities at DOE sites required under sections 104, 105, 107, and 120 of the charged with providing advice and Agency for Toxic Substance and recommendations to the Director, CDC, Comprehensive Environmental Response, Disease Registry Compensation, and Liability Act (CERCLA or and the Administrator, ATSDR, regarding community, American Indian ‘‘Superfund’’). These activities include health Citizens Advisory Committee on Public Tribes, and labor concerns pertaining to consultations and public health assessments Health Service (PHS) Activities and at DOE sites listed on, or proposed for, the CDC’s and ATSDR’s public health Research at Department of Energy Superfund National Priorities List and at activities and research at this DOE site. (DOE) Sites: Hanford Health Effects sites that are the subject of petitions from the The purpose of this meeting is to receive Subcommittee public; and other health-related activities an update from the Inter-tribal Council such as epidemiologic studies, health on Hanford Health Projects; to review surveillance, exposure and disease registries, In accordance with section 10(a)(2) of health education, substance-specific applied the Federal Advisory Committee Act and approve the Minutes of the previous research, emergency response, and (Pub. L. 92–463), the Agency for Toxic meeting; to receive updates from preparation of toxicological profiles. Substances and Disease Registry ATSDR/NCEH and NIOSH; to receive In addition, under an MOU signed in (ATSDR) and the Centers for Disease reports from the Outreach, Public December 1990 with DOE and replaced by an Control and Prevention (CDC) announce Health Assessment, Public Health MOU signed in 1996, the Department of the following meeting. Activities, and the Studies Workgroups; Health and Human Services (HHS) has been Name: Citizens Advisory Committee and to address other issues and topics, given the responsibility and resources for on PHS Activities and Research at DOE as necessary. conducting analytic epidemiologic Sites: Hanford Health Effects Matters To Be Discussed: Agenda investigations of residents of communities in Subcommittee (HHES). items include a continuing discussion the vicinity of DOE facilities, workers at DOE on the health effects subcommittee facilities, and other persons potentially Times and Dates: 8:30 a.m.–5:30 p.m., exposed to radiation or to potential hazards February 10, 2000. 8 a.m.–4 p.m., evaluation, update on the membership from non-nuclear energy production and use. February 11, 2000. selection process, and Public health HHS has delegated program responsibility to Place: DoubleTree Hotel Portland— assessments and reports. Agenda items CDC. Community Involvement is a critical Downtown, 310 S.W. Lincoln, Portland, are subject to change as priorities part of ATSDR’s and CDC’s energy-related Oregon 97201, telephone: (503) 221– dictate. research and activities and input from 0450. Contact Persons for More Information: members of the ICHHP is part of these efforts. Status: Open to the public, limited Leslie C. Campbell, Executive Secretary The ICHHP will work with the HHES to only by the space available. The meeting HHES, Division of Health Assessment provide input on American Indian health room accommodates approximately 100 and Consultation, ATSDR, 1600 Clifton effects at the Hanford, Washington site. Purpose: The purpose of this meeting is to people. Road, NE M/S E–32, Atlanta, Georgia address issues that are unique to tribal Background: Under a Memorandum 30333, telephone 1–888/42– involvement with the HHES, including a of Understanding (MOU) signed in ATSDR(28737), fax 404/639–0654. presentation and discussion on the DOE October 1990 and renewed in November The Director, Management Analysis Richland Indian Office, update on tribal 1992 between ATSDR and DOE. The and Services office has been delegated cooperative agreements, and agency updates. MOU delineates the responsibilities and the authority to sign Federal Register

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3719 notices pertaining to announcements of this information collection is available DEPARTMENT OF HEALTH AND meetings and other committee on the Internet at http://www.fda.gov/ HUMAN SERVICES management activities, for both the ohrms/dockets. Centers for Disease Control and Dated: January 14, 2000. Food and Drug Administration Prevention and the Agency for Toxic William K. Hubbard, Substances and Disease Registry. Senior Associate Commissioner for Policy, [Docket No. 00F±0175] Dated: January 18, 2000. Planning, and Legislation. Carolyn J. Russell, [FR Doc. 00–1537 Filed 1–21–00; 8:45 am] Cultor Food Science, Inc., DSM Food Director, Management Analysis and Services BILLING CODE 4160±01±F Specialties, and Protein Technologies Office, Centers for Disease Control and International; Filing of Food Additive Prevention. Petition [FR Doc. 00–1590 Filed 1–21–00; 8:45 am] DEPARTMENT OF HEALTH AND BILLING CODE 4163±18±P HUMAN SERVICES AGENCY: Food and Drug Administration, HHS. Food and Drug Administration DEPARTMENT OF HEALTH AND ACTION: Notice. HUMAN SERVICES [Docket No. 99N±2549] SUMMARY: The Food and Drug Food and Drug Administration Agency Information Collection Administration (FDA) is announcing Activities; Announcement of OMB that Cultor Food Science, Inc., DSM [Docket No. 98N±0144] Approval; Cosmetic Product Voluntary Food Specialties, and Protein Agency Information Collection Reporting Program Technologies International have filed a Activities; Announcement of OMB petition proposing that the food additive AGENCY: Approval; Biological Products Food and Drug Administration, regulations be amended regarding the Regulated Under Section 351 of the HHS. safe use of natamycin on cheese. ACTION: Notice. Public Health Service Act; FOR FURTHER INFORMATION CONTACT: Implementation of Biologics License; Felicia Binion Williams, Center for Food Elimination of Establishment License SUMMARY: The Food and Drug Safety and Applied Nutrition (HFS– and Product License Administration (FDA) is announcing that a collection of information entitled 206), Food and Drug Administration, AGENCY: Food and Drug Administration, ‘‘Cosmetic Product Voluntary Reporting 200 C St. SW., Washington, DC 20204, HHS. Program’’ has been approved by the 202–418–3122. ACTION: Notice. Office of Management and Budget SUPPLEMENTARY INFORMATION: Under the (OMB) under the Paperwork Reduction Federal Food, Drug, and Cosmetic Act SUMMARY: The Food and Drug Act of 1995. (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), Administration (FDA) is announcing FOR FURTHER INFORMATION CONTACT: notice is given that a food additive that a collection of information entitled Peggy Schlosburg, Office of Information petition (FAP 0A4704) has been filed by ‘‘Biological Products Regulated Under Resources Management (HFA–250), Section 351 of the Public Health Service Cultor Food Science, Inc., 430 Saw Mill Food and Drug Administration, 5600 Act; Implementation of Biologics River Rd., Ardsley, NY 10502; DSM Fishers Lane, Rockville, MD 20857, License; Elimination of Establishment Food Specialties, 700 American Ave., 301–827–1223. License and Product License’’ has been suite 300, King of Prussia, PA 19406; approved by the Office of Management SUPPLEMENTARY INFORMATION: In the and Protein Technologies International, and Budget (OMB) under the Paperwork Federal Register of October 28, 1999 (64 Checkerboard Square, St. Louis, MO Reduction Act of 1995. FR 58069), the agency announced that 63164. The petition proposes that the food additive regulations in 21 CFR FOR FURTHER INFORMATION CONTACT: the proposed information collection had JonnaLynn P. Capezzuto, Office of been submitted to OMB for review and 172.155 Natamycin (pimaricin) be Information Resources Management clearance under 44 U.S.C. 3507. An amended by listing only the use level of (HFA–250), Food and Drug agency may not conduct or sponsor, and natamycin permitted in cheese and by Administration, 5600 Fishers Lane, a person is not required to respond to, eliminating the reference for the method Rockville, MD 20857, 301–827–4659. a collection of information unless it of application. displays a currently valid OMB control The agency has determined under 21 SUPPLEMENTARY INFORMATION: In the number. OMB has now approved the CFR 25.32(k) that this action is of a type Federal Register of October 20, 1999 (64 information collection and has assigned that does not individually or FR 56441), the agency announced that OMB control number 0910–0030. The cumulatively have a significant effect on the proposed information collection had approval expires on December 31, 2002. been submitted to OMB for review and A copy of the supporting statement for the human environment. Therefore, clearance under 44 U.S.C. 3507. An this information collection is available neither an environmental assessment agency may not conduct or sponsor, and on the Internet at http://www.fda.gov/ nor an environmental impact statement a person is not required to respond to, ohrms/dockets. is required. a collection of information unless it Dated: January 4, 2000. displays a currently valid OMB control Dated: January 14, 2000. number. OMB has now approved the William K. Hubbard, Alan M. Rulis, information collection and has assigned Senior Associate Commissioner for Policy, Director, Office of Premarket Approval, OMB control number 0910–0427. The Planning, and Legislation. Center for Food Safety and Applied Nutrition. approval expires on December 31, 2002. [FR Doc. 00–1538 Filed 1–21–00; 8:45 am] [FR Doc. 00–1541 Filed 1–21–00; 8:45 am] A copy of the supporting statement for BILLING CODE 4160±01±F BILLING CODE 4160±01±F

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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: FDA will within the State among State and local HUMAN SERVICES support meetings covered by this notice food safety regulatory agencies. The under section 1701 (300u-300u-5) of the purpose of the meetings should be to Food and Drug Administration Public Health Service (PHS) Act (42 discuss/resolve issues at the State and U.S.C. 241) or the Radiation Control for local level relating to: (1) State/local State Food Safety Task Force Health and Safety Act of 1968 (Public agency roles and responsibilities, (2) Meetings; Availability of Conference Law 90–602) (42 U.S.C. 263b-n). FDA’s capacity and resource needs, (3) Grants; Request for Applications Conference Grant Program is described outbreak coordination and in the Catalog of Federal Domestic AGENCY: Food and Drug Administration, investigations, (4) information sharing HHS. Assistance, No. 93–103 and applicants and data collection, (5) uniform are limited to State food safety regulatory standards, (6) ACTION: Notice. regulatory agencies. Applications communications and education, (7) submitted under this program are SUMMARY: The Food and Drug State/local laboratory operations and Administration (FDA) is announcing the subject to the requirements of Executive coordination, and (8) adoption/ Order 12372. Requirements under the anticipated availability of conference implementation of the Food Code. original FDA request for applications for grant funds for the support of State Food its Conference Grant Program (52 FR II. Project Goals, Definitions, and Safety Task Force meetings contingent 12257, April 15, 1987) apply. PHS Examples on the availability of fiscal year (FY) strongly encourages all award recipients 2000 funds. This initiative is intended The purpose of these meetings is to to provide a smoke-free workplace and to support and encourage State food foster communication and cooperation to discourage the use of all tobacco regulatory agencies to establish (or within the State among State and local products. This is consistent with the provide support of existing) regularly food safety regulatory agencies. The PHS mission to protect and advance the scheduled Food Safety Task Force meetings should: (1) Provide a forum for physical and mental health of the all the stakeholders of the food safety meetings. These meetings should foster American people. communication and cooperation within initiative; (2) assist in adopting or PHS urges applicants to submit implementing the Food Code; and (3) the State among State and local food workplans that address specific safety regulatory agencies and is part of promote the integration of a Statewide objectives of ‘‘Healthy People 2000.’’ food safety system to become a cost the President’s Food Safety Initiative Potential applicants may obtain a copy (FSI). effective, efficient system to maximize of ‘‘Health People 2000’’ (Full Report, the protection of the public health. stock No. 017–0010–0474–0) through DATES: For States with existing State Grant funds will be awarded for 1 the Superintendent of Documents, Food Safety Task Forces, the lead/ year for direct costs only to secure Government Printing Office, champion/food regulatory agency must meeting facility rental/expenses and in- Washington, DC 20402–9325, 202–512– submit applications by March 24, 2000. state travel expenses for meeting 1800. For States in the process of developing attendees during the 1-year period. FDA a State Food Safety Task Force, submit I. Background and the U.S. Department of Agriculture applications by April 15, 2000. If the ORA is the inspection component of region/district representatives may be closing date falls on a weekend, or the invited to be a non-member liaison or date falls on a holiday, the date of FDA and has 1,000 investigators and inspectors who cover the country’s advisor at the meetings but the task submission will be extended to the force should develop its own guidelines following workday. approximately 95,000 FDA-regulated businesses. These investigators and for work, consensus decisionmaking, ADDRESSES: Application forms are inspectors inspect more that 15,000 size, and format at the initial meeting. available from, and completed facilities a year. In addition to the Conference grant funds may not be used applications should be submitted to standard inspection program, they for Federal employees to travel to these Cynthia M. Polit, Grants Management conduct special investigations, food meetings. Office, Division of Contracts and inspection recall audits, perform DFSR will provide meeting guidelines Procurement Management (HFA–520), consumer complaint inspections and and other meeting organization Food and Drug Administration, 5600 sample collections. FDA has relied on documents as requested. Information on Fishers Lane, rm. 2129, Rockville, MD the States in assisting with the above ‘‘Productive Meeting Fundamentals’’ is 20857, 301–827–7180, e-mail: duties through formal contracts, available via the Fax-on-Demand system [email protected]. Applications hand- partnership agreements, and other by calling 301–827–4352 and requesting carried or commercially delivered informal arrangements. Under the FSI, document #1606. A model partnership should be addressed to 5630 Fishers the demands on both the agency and the agreement may be obtained from Fax- Lane, rm. 2129, Rockville, MD 20857. States will increase. Procedures need to on-Demand by requesting document FOR FURTHER INFORMATION CONTACT: be reviewed and innovative changes #1605. FDA encourages at least two Regarding the administrative and made that increase effectiveness and meetings a year for these task forces and financial management aspects of this efficiency and conserve resources. ORA recommends one each quarter. notice: Cynthia M. Polit (address above). will support FSI by: (1) Providing III. Reporting Requirements Regarding the programmatic aspects effective and efficient compliance of of this notice: Paul M. Raynes, or Glenn regulated products, and (2) providing A final Program Progress Report or E. Johnson, Division of Federal-State high quality, science-based work that conference proceedings and a final Relations (DFSR), Office of Regulatory maximizes consumer protection. Financial Status Report (FSR) (SF–269) Affairs (ORA), Food and Drug Under the FSI, FDA is encouraging are required within 90 days of the Administration (HFC–150), 5600 Fishers State food safety regulatory agencies to expiration date of the project period as Lane, rm. 12–07, Rockville, MD 20857, establish (or provide support of existing) noted on the Notice of Grant Award. An 301–827–6906, or access the Internet at regularly scheduled Food Safety Task original and two copies of each report www.fda.gov/ora/fedlstate/ Force meetings. These meetings should shall be submitted to FDA’s Grants default.htm. foster communication and cooperation Management Office. Failure to file these

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3721 reports in a timely fashion may regarding criteria prior to the availability of Federal funds to support the jeopardize future grant support. submission of their application. All grant. These grants are available to State food questions of a technical or regulatory agencies that have an existing IV. Mechanism of Support programmatic nature must be directed State Food Safety Task Force as well as State A. Award Instrument food regulatory agencies that are in the to the ORA Program Staff (address process of developing a State Food Safety Support for this program will be in above) and all questions of an Task Force. The formation of these Food the form of a grant. These grants will be administrative or financial nature must Safety Task Force meetings will not interfere subject to all policies and requirements be directed to the Grants Management with existing advisory mechanisms within that govern the conference grant Staff (address above). Applications will the Federal/State/local system and is not a programs of PHS, including the be given an overall score and judged mandatory requirement of FDA. based on all of the following criteria: provisions of 42 CFR part 52 and 45 VII. Method of Application CFR parts 74 and 92. The regulations 1. Participant determination of the issued under Executive Order 12372 size and membership of the meetings’ A. Submission Instructions operating rules and goals in relation to also apply to this program and are Applications will be accepted during implemented through the U.S. the mission and priorities of FDA; 2. Makeup of the participants to working hours, 8 a.m. to 4:30 p.m., Department of Health and Human Monday through Friday, on or before Services (DHHS) regulations at 45 CFR include State and local food safety agencies, industry, consumers, the established receipt date. part 100. Executive Order 12372 sets up Applications will be considered a system for State and local government legislators (State and local) and other interested associations or groups. received on time if sent or mailed on or review of applications for Federal before the receipt date as evidenced by financial assistance. Applicants (other Recommended attendance at meetings is approximately 15 to 20 persons; a legible U.S. Postal Service dated than federally recognized Indian tribal postmark or a legible date receipt from governments) should contact the State’s 3. Information dissemination to constituents regarding the existence of a commercial carrier, unless they arrive Single Point of Contact (SPOC) as early too late for orderly processing. Private as possible to alert them to the the meetings and information regarding the goals and outcomes; metered postmarks shall not be prospective application(s) and to receive acceptable as proof of timely mailing. any necessary instructions on the State’s 4. Biannual or quarterly meetings as necessary to accomplish the established Applications not received on time will review process. A current listing of not be considered for review and will be SPOC’s is included in the application goals; 5. Yearly self-evaluation concerning returned to the applicant. Applicants kit. The SPOC should send any State should note that the U.S. Postal Service review process recommendations to the the progress toward achieving goals and outcomes. does not uniformly provide dated FDA Grants Management Office postmarks. Before relying on this (address above). The due date for the VI. Submission Requirements method, applicants should check with State process recommendations is no The original and two copies of the their local post office. later than 60 days after the deadline completed grant application Form PHS– Do not send applications to the Center date for the receipt of applications. FDA 5161–1 (Revised 5/96) for State and for Scientific Research, National does not guarantee to accommodate or local governments should be delivered Institutes of Health (NIH). Any explain SPOC comments that are to the Grants Management Office application that is sent to NIH, that is received after the 60-day cutoff. (address above). The application receipt then forwarded to FDA and not received B. Eligibility date is March 24, 2000, for applicants in time for orderly processing, will be These grants are available to State with an established task force and April deemed nonresponsive and returned to food regulatory agencies (see section 15, 2000, for applicants in the process the applicant. Instructions for IV.A of this document). of developing a task force. If the receipt completing the application are included date falls on a weekend or if the date in Form PHS–5161–1. FDA is unable to C. Length of Support falls on a holiday, the date of receive applications via the Internet. submission will be extended to the The length of support will be for 1 B. Format for Application year from the date of issuance of the following workday. No supplemental award. material or addenda will be accepted When using Form PHS 5161–1 after the receipt date. (Revised 5/96), all instructions for the V. Review Procedure and Criteria The outside of the mailing package enclosed Standard Form 424 (SF424) All applications submitted in and item 2 of the application facepage should be followed using the response to this RFA will first be should be labeled ‘‘Response to RFA– nonconstruction application pages. The reviewed by grants management and FDA–ORA–00–1.’’ facepage of the application should be program staff for responsiveness. If labeled ‘‘RFA–FDA–ORA–00–1.’’ Note: A lead/champion/initiating State Data included in the application, if applications are found to be food regulatory agency who will coordinate/ nonresponsive, they will be returned to host and take the lead in establishing the restricted with the legend specified the applicant without further Food Safety Task Force must be determined below, may be entitled to confidential consideration. within the State prior to submission of an treatment as trade secret or confidential Responsive applications will be application. That lead/champion/initiating commercial information within the reviewed and evaluated for scientific State food regulatory agency would prepare meaning of the Freedom of Information and technical merit by an ad hoc panel and submit the application. Only one grant Act (FOIA) (5 U.S.C. 552(b)(4)) and of experts in the subject field of the will be awarded per State. Approximately FDA’s implementing regulations (21 specific application. Final funding $250,000 will be available in FY 2000, CFR 20.61). subject to the availability of funds. FDA decisions will be made by the anticipates making awards, not to exceed Information collection requirements Commissioner of Food and Drugs or her $5,000 in direct costs per award. Support of requested on PHS Form 5161–1 were designee. these grants will be for 1 year. The number approved and issued under the Office of Applicants are strongly encouraged to of grants funded will depend on the quality Management and Budget Circular A– contact FDA to resolve any questions of the applications received and the 102.

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C. Legend discuss the following regulatory issues: ADDRESSES: Submit written requests for ″ Unless disclosure is required by FOIA (1) Potency limits for standardized single copies on a 3.5 diskette of the as amended (5 U.S.C. 552), as allergen vaccines, (2) selection of guidance document entitled ‘‘Guidance determined by the freedom of allergen extracts for standardization, on Medical Device Tracking’’ to the information officials of DHHS or by a and (3) a proposed algorithm for the Division of Small Manufacturers court, data contained in the portions of standardization of new allergens. Assistance (HFZ–220), Center for an application that have been Procedure: On February 10, 2000, Devices and Radiological Health, Food specifically identified by page number, from 8:30 a.m. to 3:30 p.m., the meeting and Drug Administration, 1350 Piccard paragraph, etc., by the applicant as is open to the public. Interested persons Dr., Rockville, MD 20850. Send two self- containing restricted and/or proprietary may present data, information, or views, addressed adhesive labels to assist that information shall not be used or orally or in writing, on issues pending office in processing your request, or fax disclosed except for evaluation before the committee. Written your request to 301–443–8818. Submit purposes. submissions may be made to the contact written comments on ‘‘Guidance on person by January 26, 2000. Oral Medical Device Tracking’’ to the contact Dated: January 12, 2000. presentations from the public will be person (address below). See the Margaret M. Dotzel, scheduled between approximately 11 SUPPLEMENTARY INFORMATION section for Acting Associate Commissioner for Policy. a.m. and 12 m. Time allotted for each information on electronic access to the [FR Doc. 00–1539 Filed 1–21–00; 8:45 am] presentation may be limited. Those guidance. BILLING CODE 4160±01±F desiring to make formal oral FOR FURTHER INFORMATION CONTACT: presentations should notify the contact Chester T. Reynolds, Center for Devices person before February 3, 2000, and and Radiological Health (HFZ–300), DEPARTMENT OF HEALTH AND submit a brief statement of the general Food and Drug Administration, 2094 HUMAN SERVICES nature of the evidence or arguments Gaither Rd., Rockville, MD 20850, 301– they wish to present, the names and Food and Drug Administration 594–4618. addresses of proposed participants, and SUPPLEMENTARY INFORMATION: Allergenic Products Advisory an indication of the approximate time I. Background Committee; Notice of Meeting requested to make their presentation. Notice of this meeting is given under Section 211 of FDAMA (Public Law AGENCY: Food and Drug Administration, the Federal Advisory Committee Act (5 105–115) amended the tracking HHS. U.S.C. app. 2). provisions of section 519(e) of the act ACTION: Notice. Dated: January 11, 2000. (21 U.S.C. 360i(e)) to authorize FDA, at This notice announces a forthcoming Linda A. Suydam, its discretion, to issue orders that meeting of a public advisory committee Senior Associate Commissioner. require a manufacturer to track a class of the Food and Drug Administration [FR Doc. 00–1543 Filed 1–21–00; 8:45 am] II or class III device if: (1) The failure of the device would be reasonably likely (FDA). The meeting will be open to the BILLING CODE 4160±01±F public. to have serious adverse health Name of Committee: Allergenic consequences; (2) the device is intended Products Advisory Committee. DEPARTMENT OF HEALTH AND to be implanted in the body for more General Function of the Committee: HUMAN SERVICES than 1 year; or (3) the device is life To provide advice and sustaining or life supporting and used recommendations to the agency on Food and Drug Administration outside a device user facility. The FDAMA tracking provisions became FDA’s regulatory issues. [Docket No. 98D±0132] Date and Time: The meeting will be effective on February 19, 1998. held on February 10, 2000, 8:30 a.m. to FDA Modernization Act of 1997; The revised final guidance replaces 3:30 p.m. Guidance on Medical Device Tracking; the February 1999 guidance and Location: Holiday Inn, Versailles Availability clarifies the devices that must be Ballrooms I and II, 8120 Wisconsin tracked. Agency experience indicates Ave., Bethesda, MD. AGENCY: Food and Drug Administration, that industry and other interested Contact Person: William Freas or HHS. parties are confused about the term Pearline K. Muckelvene, Center for ACTION: Notice. ‘‘replacement heart valves’’ because Biologics Evaluation and Research there is more than one type. The (HFM–71), Food and Drug SUMMARY: The Food and Drug category of replacement heart valves Administration, 1401 Rockville Pike, Administration (FDA) is announcing the that must be tracked is limited to Rockville, MD 20852, 301–827–0314, or availability of the revised guidance mechanical heart valves only and does FDA Advisory Committee Information document entitled ‘‘Guidance on not include human allograft (tissue) Line, 1–800–741–8138 (301–443–0572 Medical Device Tracking.’’ This heart valves. The revised guidance in the Washington, DC area), code guidance document, which replaces the document includes this descriptive 12388. Please call the Information Line previous guidance issued on February limitation. for up-to-date information on this 12, 1999, provides guidelines to Agency experience also indicates that meeting. manufacturers and distributors industry and other interested parties are Agenda: The committee will receive concerning their responsibilities for confused about which infusion pumps an update on the organizational changes medical device tracking under the are subject to medical device tracking of the Laboratory of Federal Food, Drug, and Cosmetic Act because the types of fluids the pumps Immunobiochemistry, its regulatory (the act) as amended by the Food and are intended to deliver may not be clear activities (including reference Drug Administration Modernization Act from indications for use set out in replacements and lot release statistics) of 1997 (FDAMA). labeling. The previous guidance stated and its research activities. The DATES: Submit written comments at any that infusion pumps, except those committee will hear presentations and time. designated and labeled for use

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The revised of the guidance may also do so using the provide reasonable assurance of the guidance explains that tracking is Internet. CDRH maintains an entry on safety and effectiveness of these devices. required only for electromechanical the Internet for easy access to The guidance document includes infusion pumps that are used outside a information including text, graphics, material specific for the devices, user facility. This was the agency’s and files that may be downloaded to a consensus standards for electrical position in 1993 when tracking was personal computer with access to the safety, electromagnetic compatibility, originally implemented (58 FR 43442 at Internet. Updated on a regular basis, the software and hardware documentation, 43449). The phrase ‘‘electromechanical CDRH home page includes ‘‘Guidance and resistance to environmental effects. only’’ will be used to describe the on Medical Device Tracking,’’ device DATES: Written comments concerning pumps rather than a reference to the safety alerts, Federal Register reprints, this guidance document must be classification regulation. FDA believes information on premarket submissions received by April 24, 2000. this will clarify the guidance because (including lists of approved applications ADDRESSES: See the SUPPLEMENTARY the terms used in the classification and manufacturers’ addresses), small INFORMATION section for information on language for infusion pumps may manufacturers’ assistance, information electronic access to the guidance include types that do not require on video conferencing and electronic document. Submit written requests for tracking. submissions, mammography matters, single copies of the guidance document Finally, the agency added abdominal and other device-oriented information. entitled ‘‘Guidance Document for aortic aneurysm stent grafts to the The CDRH home page may be accessed Premarket Notification Submissions for devices that must be tracked. The at http://www.fda.gov/cdrh. ‘‘Guidance Nitric Oxide Delivery Apparatus, Nitric agency issued tracking orders for these on Medical Device Tracking’’ will be devices on September 28, 1999, which Oxide Analyzer, and Nitrogen Dioxide available at http://www.fda.gov/cdrh/ Analyzer’’ to the Division of Small were effective immediately. FDA ochome.html. determined that these devices meet the Manufacturers Assistance (HFZ–220), statutory tracking criteria under section IV. Comments Center for Devices and Radiological 519(e) of the act because failure of the Interested persons may, at any time, Health, Food and Drug Administration, device would be reasonably likely to submit to the contact person (address 1350 Piccard Dr., Rockville, MD 20850. have serious adverse health effects. The above) written comments regarding this Send two self-addressed adhesive labels agency may add or remove devices from guidance. Such comments will be to assist that office in processing your the list of tracked devices as a result of considered when determining whether request, or fax your request to 301–443– its review of premarket applications, to amend the current guidance. 8818. By April 24, 2000, written recall data, medical device reporting, comments concerning this guidance Dated: January 9, 2000. document must be submitted to the inspections, petitions, postmarket Linda S. Kahan, surveillance, or other information. Dockets Management Branch (HFA– Deputy Director for Regulations Policy, Center 305), Food and Drug Administration, II. Significance of Guidance for Devices and Radiological Health. 5630 Fishers Lane, rm. 1061, Rockville, This guidance document represents [FR Doc. 00–1542 Filed 1–21–00; 8:45 am] MD 20852. Comments should be the agency’s current thinking on BILLING CODE 4160±01±F identified with the docket number medical device tracking requirements, found in brackets in the heading of this as amended by FDAMA. It does not document. After April 24, 2000, DEPARTMENT OF HEALTH AND comments must be submitted to the create or confer any rights for or on any HUMAN SERVICES person and does not operate to bind contact person identified below. FDA or the public. An alternative Food and Drug Administration FOR FURTHER INFORMATION CONTACT: approach may be used if such approach Michael G. Bazaral, Center for Devices satisfies the applicable statute, [Docket No. 99D±5297] and Radiological Health (HFZ–450), Food and Drug Administration, 9200 regulations, or both. Medical Devices; Guidance Document The agency has adopted Good Corporate Blvd., Rockville, MD 20850, for Premarket Notification Guidance Practices (GGP’s), which set 301–443–8609. Submissions for the Nitric Oxide forth the agency’s policies and Delivery Apparatus, Nitric Oxide SUPPLEMENTARY INFORMATION: procedures for the development, Analyzer, and Nitrogen Dioxide issuance, and use of guidance I. Background Analyzer; Availability documents (62 FR 8961, February 27, On January 11, 2000, FDA issued an 1997). This guidance document is AGENCY: Food and Drug Administration, order to Datex-Ohmeda, Inc., under issued as a Level 2 guidance consistent HHS. section 513(f)(2) of the Federal Food, with GGP’s. ACTION: Notice. Drug, and Cosmetic Act (the act) (21 U.S.C. 360c(f)(2)) classifying the nitric III. Electronic Access SUMMARY: The Food and Drug oxide administration apparatus, the In order to receive ‘‘Guidance on Administration (FDA) is announcing the nitric oxide gas analyzer, and the nitric Medical Device Tracking’’ via your fax availability of a guidance document dioxide analyzer into class II (special machine, call the CDRH Facts-On- entitled ‘‘Guidance Document for controls). This guidance document is Demand (FOD) system at 800–899–0381 Premarket Notification Submissions for intended to serve as the special control or 301–827–0111 from a touch-tone the Nitric Oxide Delivery Apparatus, for these devices. telephone. At the first voice prompt Nitric Oxide Analyzer, and Nitrogen FDA is making this guidance press 1 to access DSMA Facts, at second Dioxide Analyzer.’’ This guidance will document effective immediately

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At the first voice prompt [Document Identifier: HCFA±R±0298] for the treatment of neonates with press 1 to access DSMA Facts, at second hypoxic respiratory failure associated voice prompt press 2, and then enter the Agency Information Collection with clinical or echocardiographic document number (1157) followed by Activities: Submission for OMB evidence of pulmonary hypertension. the pound sign (#). Then follow the Review; Comment Request The drug improves oxygenation and remaining voice prompts to complete reduces the need for extracorporeal AGENCY: Health Care Financing your request. membrane oxygenation. Administration. The guidance document is intended Persons interested in obtaining a copy In compliance with the requirement to set forth the controls and testing that of the guidance document may also do of section 3506(c)(2)(A) of the FDA believes ensure the safety and so using the Internet. CDRH maintains Paperwork Reduction Act of 1995, the effectiveness of the nitric oxide an entry on the Internet for easy access Health Care Financing Administration administration apparatus, nitric oxide to information including text, graphics, (HCFA), Department of Health and Human Services, is publishing the gas analyzer, and nitrogen dioxide gas and files that may be downloaded to a following summary of proposed analyzer. It also intends to provide personal computer with access to the collections for public comment. comprehensive directions to enable a Internet. Updated on a regular basis, the manufacturer to submit a 510(k) Interested persons are invited to send CDRH home page includes the comments regarding this burden premarket notification demonstrating ‘‘Guidance Document for Premarket substantial equivalence for any or all estimate or any other aspect of this Notification Submissions for Nitric collection of information, including any three device types. Oxide Delivery Apparatus, Nitric Oxide The guidance document identifies the of the following subjects: (1) The Analyzer, and Nitrogen Dioxide risks associated with these types of necessity and utility of the proposed devices and contains information that Analyzer,’’ device safety alerts, Federal information collection for the proper will help manufacturers address those Register reprints, information on performance of the agency’s functions; risks. The guidance outlines the controls premarket submissions (including lists (2) the accuracy of the estimated that should be incorporated in the of approved applications and burden; (3) ways to enhance the quality, devices for controlling risks, testing that manufacturers’ addresses), small utility, and clarity of the information to should be completed for each device, manufacturers’ assistance, information be collected; and (4) the use of and suggested methods for developing on video conferencing and electronic automated collection techniques or preclinical criteria. Other elements of submissions, mammography matters, other forms of information technology to the guidance document include: (1) and other device-oriented information. minimize the information collection General device description; (2) specific The CDRH home page may be accessed burden. description of the information to at http://www.fda.gov/cdrh. The Type of Information Collection support applications for each device; ‘‘Guidance Document for Premarket Request: New; Title of Information and (3) general considerations for each Notification Submissions for Nitric Collection: Evaluation of New Medicare Members of Medicare+Choice Plans; device, such as software and hardware Oxide Delivery Apparatus, Nitric Oxide Form No.: HCFA–R–0298 (OMB# 0938- testing. Analyzer, and Nitrogen Dioxide New); Use: The objective of this survey II. Significance of Guidance Analyzer’’ will be available at http:// is to understand the special information www.fda.gov/cdrh/ggpmain.html. This guidance document represents needs of new Medicare members, their the agency’s current thinking on the IV. Comments sources of information, their preferred premarket notification submissions for distribution channels, their the nitric oxide delivery apparatus, Interested persons may, on or before understanding of the traditional nitric oxide analyzer, and nitrogen April 24, 2000, submit to the Dockets Medicare program and their dioxide analyzer. It does not create or Management Branch (address above) understanding of their particular confer any rights for or on any person written comments regarding this +Choice plan, and the impact National and does not operate to bind FDA or the immediately in effect guidance Medicare Education Program activities public. An alternative approach may be document. Two copies of any comments may have on new members’ decisions to used if such approach satisfies the are to be submitted, except that choose a +Choice plan or change their applicable statute, regulations, or both. individuals may submit one copy. plan; Frequency: On occasion; Affected The agency has adopted good Comments are to be identified with the Public: Individuals; Number of guidance practices (GGP’s), which set docket number found in brackets in the Respondents: 3000; Total Annual forth the agency’s policies and heading of this document. Received Responses: 3000; Total Annual Hours: procedures for the development, comments may be seen in the Dockets 1212. To obtain copies of the supporting issuance, and use of guidance Management Branch between 9 a.m. and statement and any related forms for the documents (62 FR 8961, February 27, 4 p.m., Monday through Friday. 1997). This guidance document is proposed paperwork collections issued as a Level 1 guidance consistent Dated: January 13, 2000. referenced above, access HCFA’s Web with GGP’s. Linda S. Kahan, Site address at http://www.hcfa.gov/ regs/prdact95.htm, or E-mail your III. Electronic Access Deputy Director for Regulations Policy, Center for Devices and Radiological Health. request, including your address, phone In order to receive the ‘‘Guidance [FR Doc. 00–1535 Filed 1–21–00; 8:45 am] number, OMB number, and HCFA Document for Premarket Notification document identifier, to BILLING CODE 4160±01±F Submissions for Nitric Oxide Delivery [email protected], or call the Reports Apparatus, Nitric Oxide Analyzer, and Clearance Office on (410) 786–1326.

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Written comments and Plan Benefit Package and Supporting DEPARTMENT OF HEALTH AND recommendations for the proposed Regulations in 42 CFR 417.401, 22.1– HUMAN SERVICES information collections must be mailed 422.10, 422.50–422.80, 422.100– within 30 days of this notice directly to 422.132, 422.300–422.312, 422.400– Health Resources and Services the OMB desk officer: OMB Human 422.404, and 422.560–422.622; Form Administration Resources and Housing Branch, No.: HCFA–R–0262 (OMB# 0938–0763); Attention: Allison Eydt, New Executive Use: The plan benefit package data will Agency Information Collection Office Building, Room 10235, be used to approve managed care Activities: Submission for OMB Washington, D.C. 20503. organization benefits, approve adjusted Review; Comment Request Dated: December 28, 1999. community rate pricing packages, and John Parmigiani, support both managed care organization Periodically, the Health Resources Manager, HCFA Office of Information and HCFA beneficiary information and Services Administration (HRSA) Services, Security and Standards Group, campaign and marketing efforts. publishes abstracts of information Division of HCFA Enterprise Standards. Respondents include any M+C collection requests under review by the [FR Doc. 00–1602 Filed 1–21–00; 8:45 am] organization that intends to offer an Office of Management and Budget, in BILLING CODE 4120±03±P M+C plan in calendar years 2001–2003. compliance with the Paperwork This collection will also allow the Reduction Act of 1995 (44 U.S.C. HCFA to provide a totally automated Chapter 35). To request a copy of the DEPARTMENT OF HEALTH AND submission and review capability, clearance requests submitted to OMB for HUMAN SERVICES replace text with data format, establish review, call the HRSA Reports a standard set of benefit descriptions/ Clearance Office on (301) 443–1129. Health Care Financing Administration. definitions, provide a framework to The following request has been [Document Identifier: HCFA±R±0262] describe benefits, reduce variation in benefit descriptions, and eliminate the submitted to the Office of Management Agency Information Collection need to validate Medicare Compare and Budget for review under the Activities: Submission for OMB data; Frequency: Annual; Affected Paperwork Reduction Act of 1995: Review; Comment Request Public: Business or other for-profit, and Proposed Project: Assessment of the Not-for-profit institution; Number of Impact of the National Practitioner AGENCY: Health Care Financing Respondents: 300; Total Annual Data Bank—NEW Administration Responses: 300; Total Annual Hours: In compliance with the requirement 900. of section 3506(c)(2)(A) of the Under the Health Resources and To obtain copies of the supporting Services Administration (HRSA), Paperwork Reduction Act of 1995, the statement and any related forms for the Health Care Financing Administration Bureau of Health Professions (BHPr), the proposed paperwork collections Division of Quality Assurance (DQA) is (HCFA), Department of Health and referenced above, access HCFA’s Web planning to conduct a survey to obtain Human Services, is publishing the Site address at http://www.hcfa.gov/ information on the degree of user following summary of proposed regs/prdact95.htm, or E-mail your collections for public comment. request, including your address, phone satisfaction with the National Interested persons are invited to send number, OMB number, and HCFA Practitioner Data Bank’s (NPDB) comments regarding this burden document identifier, to querying and reporting processes, how estimate or any other aspect of this [email protected], or call the Reports users believe these processes can be collection of information, including any Clearance Office on (410) 786–1326. improved, and how users perceive the of the following subjects: (1) The Written comments and usefulness of information they obtained necessity and utility of the proposed recommendations for the proposed from the NPDB for licensing and information collection for the proper information collections must be mailed credentialing of health care entities, e.g. performance of the agency’s functions; within 30 days of this notice directly to managed care organizations, State (2) the accuracy of the estimated the OMB desk officer: OMB Human licensing boards for physicians and burden; (3) ways to enhance the quality, Resources and Housing Branch, dentists, and professional societies. The utility, and clarity of the information to Attention: Allison Eydt, New Executive study will also identify and survey non be collected; and (4) the use of Office Building, Room 10235, automated collection techniques or user entities. The information obtained Washington, D.C. 20503. other forms of information technology to in this study will be interpreted in minimize the information collection Dated: January 7, 2000. relation to similar information from burden. John Parmigiani, previous studies conducted by the DQA Type of Information Collection Acting Reports Clearance Officer, HCFA and the Office of the Inspector General. Request: Reinstatement, with change, of Office of Information Services, Security and The estimated response burden is as Standards Group, Division of HCFA a previously approved collection for follows: which approval expired; Title of Enterprise Standards. Information Collection: The Adjusted [FR Doc. 00–1603 Filed 1–21–00; 8:45 am] Community Rate Proposal (ACRP) M+C BILLING CODE 4120±03±P

Number of Responses per Hours per Total burden Questionnaire version respondents respondent Total responses response hours

Users Survey

Reporting: Hospital ...... 1031 1 1031 .25 257.8 Group Practice ...... 210 1 210 .25 52.5 HMOs ...... 161 1 161 .25 40.3

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Number of Responses per Hours per Total burden Questionnaire version respondents respondent Total responses response hours

State Boards ...... 81 1 81 .25 20.3 Malpractice Payers ...... 188 1 188 .25 47.0 Professional Societies ...... 67 1 67 .25 16.8 Other ...... 209 1 209 .25 52.3 Querying: Hospital ...... 770 1 770 .4 308 Group Practice ...... 173 1 173 .4 69.2 HMOs ...... 153 1 153 .4 61.2 State Boards ...... 74 1 74 .4 29.6 Malpractice Payers ...... * ...... Professional Societies ...... 66 1 66 .4 26.4 Other ...... 184 1 184 .4 73.6 Match Responses: Hospital ...... 770 2.6 2002 .33 660.7 Group Practice ...... 173 2.8 484.4 .33 159.9 HMOs ...... 153 2.2 336.6 .33 111.1 State Boards ...... 74 2.2 162.8 .33 53.7 Malpractice Payers ...... * ...... Professional Societies ...... 66 2.0 132 .33 43.6 Other ...... 184 1.9 349.6 .33 115.4

Non-Users Survey

Version/Entity Type: Hospital ...... Group Practice ...... 113 1 113 .1 11.3 HMOs ...... 151 1 151 .1 15.1 State Boards ...... Malpractice Payers ...... Professional Societies ...... 113 1 113 .1 11.3 Other ...... 113 1 113 .1 11.3 Total Users ...... 2,366 ...... 6,834 ...... 2,199 Total Non-Users ...... 490 ...... 490 ...... 49

Total Users and Non-Users ...... 2,856 ...... 7,324 ...... 2,248 * Cannot query the NPDB; thus these entities do not receive querying or match response questionnaires. **These are the unduplicated numbers of entities required for the surveys.

Written comments and Advisory body scheduled to meet Dated: January 14, 2000. recommendations concerning the during the month of February 2000. Jane M. Harrison, proposed information collection should Name: National Advisory Council on the Director, Division of Policy Review and Coordination. be sent within 30 days of this notice to: National Health Service Corps (NHSC). Wendy A. Taylor, Human Resources Date and Time: [FR Doc. 00–1532 Filed 1–21–00; 8:45 am] and Housing Branch, Office of February 10–11, 2000; 9 a.m.–noon. BILLING CODE 4160±15±P Management and Budget, New February 12, 2000; 9 a.m.–4:30 p.m. Executive Office Building, Room 10235, February 13, 2000; 9 a.m.–10:00 a.m. Washington, DC 20503. DEPARTMENT OF HEALTH AND Place: Bethesda Marriott Hotel, 5151 Pooks HUMAN SERVICES Dated: January 14, 2000. Hill Road, Bethesda, Maryland 20814, Phone: (301) 897–9400. James J. Corrigan, Health Resources and Services The meeting is open to the public. Administration Associate Administrator for Management and Agenda: Items will include updates on the Program Support. NHSC and Scholarships and Loan Advisory Council; Notice of Meeting [FR Doc. 00–1533 Filed 1–21–00; 8:45 am] Repayments program; Health Professional BILLING CODE 4160±15±U Shortage Areas (HPSA) designations; and a In accordance with section 10(a)(2) of report from the Philadelphia field office. The the Federal Advisory Committee Act Council will be attending the Capitol Area (Public Law 92–463), announcement is DEPARTMENT OF HEALTH AND Rural Health Roundtable on Thursday, made of the following National HUMAN SERVICES February 10, from 3:00 p.m. to 5:00 p.m. A Advisory body scheduled to meet site visit will be on Friday, February 11. during the month of February 2000. Health Resources and Services Transportation for the public will not be The National Advisory Committee on Administration available. Rural Health will convene its thirty- For further information, call Ms. Eve fourth meeting at the time and place Advisory Council; Notice of Meeting Morrow, Division of National Health Service specified below: Corps, at (301) 594–4144. Name: National Advisory Committee on In accordance with section 10(a)(2) of Rural Health. the Federal Advisory Committee Act Date and Time: (Public Law 92–463), announcement is February 7, 2000; 8:30 a.m.–4:45 p.m. made of the following National February 8, 2000; 8:30 a.m.–4:00 p.m.

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February 9, 2000; 8:30 a.m.–10:30 a.m.P=’02’≤ Health, Health Resources and Services collection to be submitted to the Office Place: Washington Court Hotel, 525 New Administration, Room 9A–55, Parklawn of Management and Budget (OMB) for Jersey Avenue, N.W., Washington, D.C. Building, 5600 Fishers Lane, Rockville, MD review. 20001. Phone: (202) 628–2100. 20857, telephone (301) 443–0835, Fax (301) The meeting is open to the public. 443–2803. Proposed Collection Purpose: The National Advisory Persons interested in attending any portion Committee on Rural Health provides advice of the meeting should contact Sandi Lyles or Title: 09–17–0007, ‘‘Common and recommendations to the Secretary with Lilly Smetana, Office of Rural Health Policy, Reporting Requirements for Urban respect to the delivery, research, (301) 443–0835. Indian Health Program.’’ Type of development, and administration of health Dated: January 14, 2000. Information Collection Request: care services in rural areas. Extension of currently approved Agenda: Monday morning, February 7, at Jane M. Harrison, 8:30 a.m. the new chairperson, Senator Director, Division of Policy Review and information collection, 09–17–0007, Nancy Kassebaum Baker will open the Coordination. ‘‘Common Reporting Requirements for meeting and welcome the Committee [FR Doc. 00–1534 Filed 1–21–00; 8:45 am] Urban Indian Health Program,’’ which members. The first plenary session will be a BILLING CODE 4160±15±P expires February 28, 2000. Form presentation on the rural health issues in the Number: Reporting formats contained in Veterans Administration. At 10:00 a.m. the the Indian Health Service Urban Indian group will move to the National Rural Health Health Programs Common Reporting Association’s Policy Institute Congressional DEPARTMENT OF HEALTH AND Forum (also convened in the same hotel). HUMAN SERVICES Requirements Instruction Manual. Need After lunch, presentations will include the and Use of Information Collection: Kaiser Commission on Medicaid and the Indian Health Service American Indian/Alaska Native (AI/AN) uninsured; update on public health and urban health organization contracting hospital capital, and the Indian Health Request for Public Comment: 60-Day with the IHS provide the information Service. Proposed Collection: Common collected. The information is collected Tuesday morning at 8:30 a.m., there will be Reporting Requirements for Urban annual and is used to monitor an update of the Office of Rural Health Policy Indian Health Program; Republication contractor performance, prepare budget activities, followed by presentations on reports, allocate resources, and evaluate Medicare payment in rural areas, rural Editorial Note: In the issue of January 14, mental issues, and an update on research and 2000, beginning on page 2417, FR Doc. 00– the urban health contract program. regulatory activities. 888 was printed as a duplicate of FR Doc. 00– Affected Public: Businesses or other After lunch, Committee discussion will 887, beginning on page 2416. The correct FR for-profit organizations, individuals, continue on issues presented by the Indian Doc. 00–888 is published below. Health Service, and Veterans Administration. not-for-profit institutions, and State, The final plenary session will be convened SUMMARY: In compliance with Section local, or Tribal Government. Type of on Wednesday, February 9 at 8:30 a.m. 3506(c)(2)(A) of the Paperwork Respondents: health care providers. During this session the Committee will Reduction Act of 1995, to provide a 60- Table 1 below provides: Types of data discuss future activities and next meeting. day advance opportunity for public collection instruments, Estimate number The meeting will be adjourned at 10:30 a.m. Anyone requiring information regarding comment on proposed information of respondents, Number of responses the subject Committee should contact Wayne collection projects, the Indian Health per respondent, Annual Number of W. Myers, M.D., Executive Secretary, Service (IHS) is publishing for comment Responses, Average burden hour per National Advisory Committee on Rural a summary of a proposed information response, and total annual burden hour.

Estimated Responses Annual Average burden hr Total annual Data collection instructions number or per number of 1 respondents respondent responses per response burden hours

Face Sheet ...... 34 1 34 0.50 (30 mins) ...... 17.0 Table 1 ...... 34 1 34 2.00 (120 mins) .... 68.0 Table 2 ...... 34 1 34 0.75 (45 mins) ...... 26.0 Table 3 ...... 34 1 34 22.25 (135 mins) .. 77.0 Table 4 ...... 2 23 1 23 0.50 (30 mins) ...... 12.0 Table 5 ...... 34 1 34 2.00 (120 mins) .... 68.0 Table 6 ...... 34 1 34 2.00 (120 mins) .... 68.0 Table 7 ...... 34 1 34 1.00 (60 mins) ...... 34.0 Tabke 8 ...... 34 1 34 1.25 (75 mins) ...... 43.0 Total ...... 295 ...... 295 ...... 413.0

1 For ease of understanding, burden hours are also provided in actual minutes. 2 Excludes urban Indian health projects with no medical component.

There are no Capital Costs, Operating processes the information collected in a public burden through the use of Costs, and/or Maintenance Costs to useful and timely fashion; (c) the automated, electronic, mechanical, or report. accuracy of public burden estimate (the other technological collection estimated amount of time needed for techniques or other forms of information Request for Comments individual respondents to provide the technology. Your written comments and/or requested information); (d) whether the Send Comments and Request For suggestions are invited on one or more methodology and assumption used to Further Information: Send your written of the following points: (a) Whether the determine the estimate are logical; (e) comments, requests for more information collection activity is ways to enhance the quality, utility, and information of the proposed collection, necessary to carry out an agency clarity of the information being or requests to obtain a copy of the data function; (b) whether the agency collected; and (f) ways to minimize the collection instrument(s) and

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Subject city, state Effective date

PROGRAM-RELATED CONVICTIONS: ARIAS, MIGUEL DEPAULA, MIAMI, FL ...... 01/19/2000 ASENCIO, MARIO, MIAMI, FL ...... 01/19/2000 BAKER, ROBERT L, ST ROBERTS, MO ...... 01/19/2000 BUNNA, JASON, SOLEDAD, CA ...... 01/19/2000 DUPUY, SIDNEY J III, BREAUX BRIDGE, LA ...... 01/19/2000 DUZAN, ROBIN, SOUTH SHORE, KY ...... 01/19/2000 EDMONDS, DOROTHY A, BATON ROUGE, LA ...... 01/19/2000 FERGUSON, RUTH, WICHITA, KS ...... 01/19/2000 FLETCHER, JOHN D JR, CHARLESTON, SC ...... 03/08/1900 GORDON, ALICE J, MARIANNA, FL ...... 01/19/2000 HELLYER, DANIEL, MALTA, MT ...... 01/19/2000 HOFFMAN, JAYNE, LAWRENCEVILLE, GA ...... 01/19/2000 HOFFMAN, MARK D, LAWRENCEVILLE, GA ...... 01/19/2000 JOSEPH, MORGAN, MOUSIE, KY ...... 01/19/2000 JUDGE, DANIEL BARKSDALE, RIVERSIDE, CA ...... 01/19/2000 LOFTON, BARBARA P, VESTAVIA HILLS, AL ...... 01/19/2000 NEAL, ROY GLENN, IRVINE, KY ...... 01/19/2000 NEAL, BESSIE, IRVINE, KY ...... 01/19/2000 PETERSON, CHERYL, LINCOLN, NE ...... 01/19/2000 REGINS, KATHRYN S, BATON ROUGE, LA ...... 01/19/2000 SHACK, CAESAR SALANTO, JACKSONVILLE, FL ...... 01/19/2000 WIEMAN, WILLIAM, GRAHAM, WA ...... 01/19/2000 YANG, ROBERT CHANG-CHUN JR, LAND O'LAKES, FL ...... 01/19/2000 FELONY CONTROL SUBSTANCE CONVICTION: SLACK, JUDITH A., LONGMONT, CO ...... 01/19/2000 PATIENT ABUSE/NEGLECT CONVICTIONS: BAKER, GARY J, ANCHORAGE, AK ...... 01/19/2000 BORER, STEPHANIE M, BUCYRUS, OH ...... 01/19/2000 COLELLO, NATALIE D, PROVIDENCE, RI ...... 01/19/2000 COLEMAN, SALLIE B, SALUDA, SC ...... 01/19/2000 ELLYSON, REBEKKA ANN, CHICO, CA ...... 01/19/2000 JONES, CHRISTIE, BLACKVILLE, SC ...... 01/19/2000 KHAFAGA, MERVAT, CLEVELAND, OH ...... 01/19/2000 MERCHANT, DAVID L, WINDSOR, VT ...... 01/19/2000 OGUNDAPO, VANESSA I, CLEVELAND, OH ...... 01/19/2000 ROGERS, ROY, SANTA MONICA, CA ...... 01/19/2000 WILLIAMS, JACKSON, SYRACUSE, NY ...... 01/19/2000 WOODS, WENDY L, CLEVELAND, OH ...... 01/19/2000 YOUNG, NORD LEVERNE, SAN FRANCISCO, CA ...... 01/19/2000 CONVICTION FOR HEALTH CARE FRAUD: NEAVETH, BRANDON RAY, DENVER, CO ...... 01/19/2000 QUINONES, CATHERINE, ALBURQUERQUE, NM ...... 01/19/2000 LICENSE REVOCATION/SUSPENSION/SURRENDERED: ABNEY, LINDA A, COLUMBIA, SC ...... 01/19/2000 ADLER, ROGER E, JAMES ISLAND, SC ...... 01/19/2000 ALLMON-RODRIGUEZ, KAREN J, SAN BRUNO, CA ...... 01/19/2000 ANDERSEN, SUZANNE, NOVATO, CA ...... 01/19/2000 ANDREWS, CRYSTAL DAWN, SHERMAN, TX ...... 01/19/2000 APADACA, RAYMOND T, VENTURA, CA ...... 01/19/2000

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Subject city, state Effective date

BAZEMORE, SHARON T, ELIZABETH CITY, NC ...... 01/19/2000 BLACKMAN, SANDRA PHILERMENE, HIGHLAND, CA ...... 01/19/2000 BONA, RANDOLPH J, BROOKLYN CENTER, MN ...... 01/19/2000 BOWDEN, STEPHEN D, CHICO, CA ...... 01/19/2000 BRAGG, STEVEN WAYNE, HARVEST, AL ...... 01/19/2000 BUJAUCIUS, MERRYANN, NEWBURY, VT ...... 01/19/2000 BYRD, TARESA MAY BRYANT, SPARKMAN, AR ...... 01/19/2000 CARY, MONTE RAY, KISSIMMEE, FL ...... 01/19/2000 CLARK, JAMES, NAPA, CA ...... 01/19/2000 CORROW, CHRISTINE E, LYNDONVILLE, VT ...... 01/19/2000 COTTER, ANDREA M, ST PAUL, MN ...... 01/19/2000 EGRES, DEBORAH L, LAKE ORION, MI ...... 01/19/2000 ELGIN, MELODY LOUISE, TULARE, CA ...... 01/19/2000 ELSEA, CLARA E, BERRYVILLE, VA ...... 01/19/2000 GARCIA, ANTON R, HICKORY HILLS, IL ...... 01/19/2000 GRIFFITH, BONNIE DEAN, ANDERSON, CA ...... 01/19/2000 HAMMER, MARTHA M, FLINT, MI ...... 01/19/2000 HARRIS, CLIFTON GORDON III, VISALIA, CA ...... 01/19/2000 HARRIS, RAMONA GAIL BULTER, UNION GROVE, AL ...... 01/19/2000 HASTON, JAMES PARKER, HOUSTON, TX ...... 01/19/2000 HILL, ANNE KATHOLEEN, BIRMINGHAM, AL ...... 01/19/2000 HOGAN, JAMES T, MOOSE LAKE, MN ...... 01/19/2000 HOGENSON, LORI A, DIXON, IL ...... 01/19/2000 IRBY, JAMES H, ANDERSON, SC ...... 01/19/2000 IRELAND, JULIE K, MONTICELLO, IA ...... 01/19/2000 JENSEN, CHRISTINE A, MINNEAPOLIS, MN ...... 01/19/2000 JONES, LINDA D, DES MOINES, IA ...... 01/19/2000 KAREL, JAN, LEMON GROVE, CA ...... 01/19/2000 KESTER, KELLIE L, FRIDLEY, MN ...... 01/19/2000 LABOUNTY, CHRISTOPHER C, DULUTH, MN ...... 01/19/2000 LAIR, CARL BRUCE, WEATHERFORD, TX ...... 01/19/2000 LANEY, MELISSA DIANNE MILLER, DECATUR, AL ...... 01/19/2000 LENART, PAUL J, URBANA, IL ...... 01/19/2000 LUKE, STEVEN JEROME, OREM, UT ...... 01/19/2000 MACKINS, WILLIAM E, COLORADO SPNGS, CO ...... 01/19/2000 MAJOR, VICTORIA ANN, PIEDMONT, CA ...... 01/19/2000 MARMIE, CANDACE L, LOVELAND, CO ...... 01/19/2000 MCKEY, LINDA BENGELE, SUFFOLK, VA ...... 01/19/2000 MEJIA, PHYLLIS A, WAYNESBORO, VA ...... 01/19/2000 MILLER, ANDREA CAMILLE, POTTSBORO, TX ...... 01/19/2000 MINER, RENEE L, SAINT JAMES, VT ...... 01/19/2000 MRAZ, GINA C, MINNEAPOLIS, MN ...... 01/19/2000 OZENBAUGH, SUSAN, COTTONWOOD, CA ...... 01/19/2000 PAGE, KIMBERLEE B, AUSTIN, MN ...... 01/19/2000 PENCE, DEBBIE LYNN, MT VERNON, WA ...... 01/19/2000 PINAN, ROQUE E, COLCHESTER, VT ...... 01/19/2000 POLLARD, OLIVIA M, DENVER, CO ...... 01/19/2000 RICKETSON, GREER HOMER, NASHVILLE, TN ...... 01/19/2000 RICKS, MELVIN THEODORE, SANTA CLARA, CA ...... 01/19/2000 RIGSBY, ROBERT E, MAYO, FL ...... 01/19/2000 ROBINS, KENITH L, PROVO, UT ...... 01/19/2000 ROGERS, GARY DEAN, HUNTSVILLE, AL ...... 01/19/2000 SPEEGLE, MICHAEL CLINTON, CULMAN, AL ...... 01/19/2000 STANFIELD, MARILYN RENEE, TUSCUMBIA, AL ...... 01/19/2000 STRONG, HELEN, DETROIT, MI ...... 01/19/2000 SULTZ-ZIKE, DIANE MARCELLA, BAKERFIELD, CA ...... 01/19/2000 TAYLOR, NELDA JEAN, THORSBY, AL ...... 01/19/2000 VAN AUKEN, BRUCE P, ORLAND PARK, IL ...... 01/19/2000 WATSON, CYNTHIA KATHYRN STREET, HOOVER, AL ...... 01/19/2000 WHITE, PAUL D, SALIDA, CO ...... 01/19/2000 WOOD, PATSY DEAN, PHENIX CITY, AL ...... 01/19/2000 WYLIE, MELODY P, MONCRUE, NC ...... 01/19/2000 FRAUD/KICKBACKS: FOREST HILLS NEUROPSYCHIATRIC, BELLEVUE, KY ...... 05/28/1900 OWNED/CONTROLLED BY CONVICTED/EXCLUDED: COMMUNICARE HOME HEALTH CARE, SAN ANTONIO, TX ...... 01/19/2000 FLORIDA MOBILE DENTAL, INC, HIALEAH, FL ...... 01/19/2000 JOMA DIAGNOSTIC, CORP, MIAMI, FL ...... 01/19/2000 MEDICAL CORPORATION, OAK RIDGE, LA ...... 01/19/2000 NEURO-VASCULAR INSTITUTE, INC, MIAMI, FL ...... 01/19/2000 STATEWIDE DENTAL SERVICES, MIAMI, FL ...... 01/19/2000 SUGAR SHACK AMBULATORY, JACKSONVILLE, FL ...... 01/19/2000 THE CREST CLINICS OF MIAMI, MIAMI, FL ...... 01/19/2000 DEFAULT ON HEAL LOAN:

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Subject city, state Effective date

AVEDISSIAN, GREGORY M, WORCESTER, MA ...... 01/19/2000 CAMPBELL, ROCHELLE S, BATON ROUGE, LA ...... 01/19/2000 COONTS, JERRY A, EL DORADO SPNGS, MO ...... 01/19/2000 DAVIS, LARRY L, EL PASO, TX ...... 01/19/2000 DAWS, MICHAEL R, ENGLEWOOD, CO ...... 01/19/2000 DEMEHRI, SHERIAR F, LEONARDTOWN, MD ...... 01/19/2000 DOWER, PATRICK B, NOKOMIS, FL ...... 01/19/2000 EDWARDS, DOUGLAS R, JONESBORO, GA ...... 01/19/2000 ENSLEY, DENNIS L, GREAT BEND, KS ...... 01/19/2000 GUTHRIE, WANDA D, CHARLOTTE, NC ...... 01/19/2000 KARAKIZIS, DEMETRIOS D, JAMAICA, NY ...... 01/19/2000 KEMPIS, RICHARD A, SAN FRANCISCO, CA ...... 01/19/2000 KERSTEIN, GARY R, LOUISVILLE, KY ...... 01/19/2000 LESTER, ROBERT C, GRAND PRAIRIE, TX ...... 01/19/2000 MADDOX, JOSEPH T, EVERETT, MA ...... 01/19/2000 MARTIN, JOSEPH E, MORGAN HILL, CA ...... 01/19/2000 MEYER, RICHARD D, POWDER SPRINGS, GA ...... 11/04/1900 PATEL, AVINASH M, MANHATTAN, NY ...... 01/19/2000 PAULE, LAWRENCE D, TOLLESON, AZ ...... 01/19/2000 PURYEAR, CHERYLL D, SUGAR LAND, TX ...... 01/19/2000 RILEY, DAVID C, MILWAUKEE, WI ...... 01/19/2000 SHEEHAN, MATTHEW E, MEDFORD, OR ...... 01/19/2000 SMITH, PAMELA R, HIGHLAND, CA ...... 12/14/1900 STEINFELD, AUDREY G, NORTHRIDGE, CA ...... 01/19/2000 STRICKLAND, DAVID K, BLACKSBURG, VA ...... 01/19/2000 TURNQUEST, GREOGRY L, QUINCY, FL ...... 01/19/2000

Dated: January 12, 2000. Title 5 U.S.C. 552b (6) and 5 U.S.C. DEPARTMENT OF THE INTERIOR Joanne Lanahan, App.2, § 10(d). Director, Health Care Administrative Committee Name: SAMHSA Special Office of the Secretary Sanctions, Office of Inspector General. Emphasis Panel I (SEP I). Earth Observing System (EOS) Land [FR Doc. 00–1604 Filed 1–21–00; 8:45 am] Meeting Dates: February 6–11, 2000. Processes Distributed Active Archive BILLING CODE 4150±04±P Place: Bethesda Marriott, 5151 Pooks Hill Center (DAAC) Science Advisory Road, Bethesda, MD 20814. Panel; Notice of Reestablishment Closed: February 6–11, 2000, 8:30 a.m.—5 DEPARTMENT OF HEALTH AND p.m./adjournment. This notice is published in HUMAN SERVICES Panel: Community Treatment Program, PM accordance with Section 9(a)(2) of the 99–050 Federal Advisory Committee Act (Public Substance Abuse and Mental Health Contact: Danielle Johnson, Room 17–89, Services Administration (SAMHSA) Law 92–463), 5 U.S.C. App. (1988). Parklawn Building, Telephone: 301–443– Following consultation with the General 2683 and FAX: 301–443–1587. Notice of Meetings Services Administration, notice is Committee Name: SAMHSA Special hereby given that the Secretary of the Pursuant to Public Law 92–463, Emphasis Panel I (SEP I). Interior is reestablishing the EOS Land notice is hereby given of the following Meeting Dates: February 13–16, 2000. Processes DAAC Science Advisory meeting of the SAMHSA Special Place: Bethesda Marriott, 5151 Pooks Hill Panel. Emphasis Panel I in November and Road, Bethesda, MD 20814. The purpose of the Panel is to advise December 1999. Closed: February 13–16, 2000, 8:30 a.m.— the U.S. Geological Survey, Earth A summary of the meetings and a 5 p.m./adjournment. Resources Observation Systems (EROS) roster of the members may be obtained Panel: Substance Abuse and Mental Health Data Center in the definition, from: Ms. Coral Sweeney, Review Services Administration Conference Grant development, implementation, and Specialist, SAMHSA, Office of Policy PA 98–090(a). operation of data processing, archiving, and Program Coordination, Division of Contact: Ferdinand Hui, Room 17–89, and distribution systems and associated Extramural Activities, Policy, and Parklawn Building, Telephone: 301–443– science support capabilities required in 9919 and FAX: 301–443–3437. Review, 5600 Fishers Lane, Room 17– its role as one of eight original DAACs 89, Rockville, Maryland 20857. Dated: January 10, 2000. established by the National Aeronautics Telephone: 301–443–2998. Coral Sweeney, and Space Administration (NASA) as Substantive program information may Review Specialist, part of the EOS Program. EOS is a major be obtained from the individual named component of the U.S. Global Change Substance Abuse and Mental Health Services as Contact for the meeting listed below. Administration Program. The meetings will include the review, [FR Doc. 00–1540 Filed 1–21–00; 8:45 am] The Panel is responsible for providing discussion and evaluation of individual advice and consultation on a broad grant applications. These discussions BILLING CODE 4162±20±U range of scientific technical topics and could reveal personal information for representing the interests and concerning individuals associated with requirements of the scientific research the applications. Accordingly, these community in guiding development and meetings are concerned with matters operation of Land Processes DAAC exempt from mandatory disclosure in systems and capabilities. Membership

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3731 on the Panel includes representation by Fisheries Task Force, established under ADDRESSES: You may mail comments to scientists formally affiliated with the the authority of the Klamath River Basin the Bureau of Land Management, (630), EOS Program and by scientists who do Fishery Resources Restoration Act (16 Administrative Record, Room 401 LS, not have such formal affiliation, U.S.C. 460ss et seq.). The meeting is 1849 C Street, NW, Washington, DC including representation from the U.S. open to the public. 20240. You may also hand deliver academic research community. DATES: The Klamath River Basin comments to Bureau of Land The Panel functions solely as an Fisheries Task Force (Task Force) will Management, Room 401, 1620 L Street, advisory body and in compliance with meet from 8:00 a.m. to 4:30 p.m. on NW, Washington, DC 20036. To file the provisions of the Federal Advisory Thursday, February 10, 2000 and from comments electronically, send your Committee Act. The Charter will be 8:00 a.m. to 1:00 p.m. on Friday, comments via Internet to filed under the Act, 15 days from the February 11, 2000. [email protected]. Please include date of publication of this notice. PLACE: The meeting will be held at the ‘‘ATTN: 1004–0109’’ and your name Further information regarding the Land Brookings Inn, 1143 Chetco Avenue, and return address in your Internet Processes DAAC Science Advisory Brookings, Oregon. message. BLM will make comments Panel may be obtained from the FOR FURTHER INFORMATION CONTACT: Dr. available for public review in Room 401, Director, U.S. Geological Survey, Ronald A. Iverson, Project Leader, U.S. 1620 L Street, NW, Washington, DC Department of the Interior, 12201 Fish and Wildlife Service, P.O. Box during regular business hours (7:45 a.m. Sunrise Valley Drive, Reston, Virginia 1006 (1215 South Main), Yreka, to 4:15 p.m.), Monday through Friday. 22092. Certification of reestablishment California 96097–1006, telephone (530) FOR FURTHER INFORMATION CONTACT: Bill is published below. 842–5763. Howell, Budget Group, (202) 452–7721 Certification SUPPLEMENTARY INFORMATION: For (Commercial or FTS). Persons who use background information on the Task a telecommunications device for the I hereby certify that the deaf (TDD) may call the Federal reestablishment of the EOS Land Force, please refer to the notice of their initial meeting that appeared in the Information Relay Service at 1–800– Processes DAAC Science Advisory 877–8339, 24 hours a day, 7 days a Panel is necessary and in the public Federal Register on July 8, 1987 (52 FR 25639). week, to contact Mr. Howell about the interest in connection with the information collection. performance of duties undertaken by the Elizabeth H. Stevens, SUPPLEMENTARY INFORMATION: Department of the Interior pursuant to In Acting Manager, California Nevada accordance with 5 CFR 1320.12(a), BLM the Memorandum of Understanding Operations. between the U.S. Geological Survey and is required to provide 60-day notice in [FR Doc. 00–1592 Filed 1–21–00; 8:45 am] the Federal Register concerning a the National Aeronautics and Space BILLING CODE 4310±55±U Administration (NASA) for Experiment collection of information contained in Land Remotely Sensed Data Processing, 43 CFR 1880 to solicit comments on (a) whether the proposed collection of Distribution, Archiving and Related DEPARTMENT OF THE INTERIOR Science Support. The U.S. Geological information is necessary for the proper Survey is authorized to cooperate with Bureau of Land Management performance of the functions of the agency, including whether the NASA in developing and operating the WO±880±9500±PF±24±1A Land Processes DAAC pursuant to the information will have practical utility; (b) the accuracy of the agency’s estimate Organic Act of the U.S. Geological Extension of Approved Information of the burden of the proposed collection Survey of March 3, 1879 (43 U.S.C. 31), Collection; OMB Number 1004±0109 Sec. 101(h) of P.L. 99–591 (An act of information, including the validity of making appropriations for the AGENCY: Bureau of Land Management, the methodology and assumptions used; Department of Interior and related Interior. (c) ways to enhance the quality, utility, agencies for the fiscal year ending ACTION: Notice and request for and clarity of the information to be September 10, 1987, and for other comments. collected; and (d) ways to minimize the purposes.), 100 Stat, 3341, 3341–252; burden of the collection of information SUMMARY: In accordance with the on those who are to respond, including and NASA’s Section 203(c)(5) of the Paperwork Reduction Act of 1995, the National Aeronautics and Space of through the use of appropriated Bureau of Land Management (BLM) automated, electronic, mechanical, or 1958, as amended (42 U.S.C. announces its intention to request 2473(C)(5)). other technological collection renewal of approval to collect certain techniques or other forms of information Dated: January 3, 2000. information from the Governors of technology. BLM will receive and Bruce Babbitt, States to allow the BLM to compute analyze any comments sent in response Secretary of the Interior. units of payments due to local to this notice and include them in its [FR Doc. 00–1599 Filed 1–21–00; 8:45 am] governments. The Payments in Lieu of request for approval from the Office of BILLING CODE 4310±Y7±M Taxes (PILT) Act of September 13, 1982, Management and Budget under (44 as amended, requires that the Governor U.S.C. 3501 et seq.). of each State furnish BLM with a listing BLM makes payments in lieu of taxes DEPARTMENT OF THE INTERIOR of payments made to local governments to units of local governments for certain by the State on behalf of the Federal Federal lands within their boundaries U.S. Fish and Wildlife Service Government under 11 receipt-sharing through authority provided by the PILT statutes. This information helps local Act of October 20, 1976 (90 Stat. 2662, Klamath River Basin Fisheries Task governments recover some of the Force; Notice of Meeting 31 U.S.C. 6901–6907). The expenses incurred by providing services implementing regulations located at 43 SUMMARY: Pursuant to section 10(a)(2) of on public lands. CFR Subpart 1881—Payments in Lieu of the Federal Advisory Committee Act (5 DATE: BLM must receive comments on Taxes. The Governor of each State or his U.S.C. App. I), this notice announces a the proposed information collection by agent must furnish BLM with a listing meeting of the Klamath River Basin March 24, 2000 to assure consideration. of payments made to local governments

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3732 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices by the State on behalf of the Federal availability of the Proposed Statewide February 28, 2000 and sent to: BLM— Government under 11 revenue-sharing Resource Management Plan S&G Comment, NM931, P.O. Box 27115, laws specified at (31 U.S.C. 6903(a)(1)). Amendment/Final Environmental Santa Fe, NM 87502–0115. At the end BLM provides the States with a printout Impact Statement, of Land Use Plans in of the 30-day protest period, and matrix designed to facilitate recording New Mexico for Implementation of New following resolution of any protests, a the requested information. Each Mexico Standards for Public Land Record of Decision will be published printout lists each qualifying unit of Health and Guidelines for Livestock and the Resource Management Plans local government down the left hand Grazing Management. updated to reflect the Resource side of the page along with the unit of Management Plan Amendment changes. The Proposed Statewide Resource local government code used by the Single copies of the Proposed Statewise Management Plan Census Bureau. Across the top of the Resource Management Plan printout are columns which indicate Amendment/Final Environmental Amendment/Final Environmental each of the revenue Acts. BLM uses the Impact Statement addresses the effects Impact Statement can be obtained by information provided by the States to of adopting statewide standards for writing or calling J.W. Whitney the BLM compute the PILT payments to local public land health and guidelines for Project Team Leader. A limited number governments within the State. livestock grazing on BLM administered of copies of the Proposed Statewide Based on BLM’s experience in lands in New Mexico. When adopted Resource Management Plan administering PILT, BLM estimates each the standards and guidelines would be Amendment/Final Environmental State’s reporting burden for this incorporated into eight BLM land use Impact Statement are available at BLM information collection to average 20 plans that cover approximately 13.5 Field Offices in Farmington, Taos, hours. The respondents already million acres of BLM-administered land. Albuquerque, Socorro, Las Cruces, maintain this information for their own This action is proposed in accordance Roswell, Carlsbad and at the BLM State record-keeping purposes and need only with revised regulations for livestock Office in Santa Fe, NM. transfer it to the matrix described above. grazing on BLM-administered lands (43 FOR FURTHER INFORMATION CONTACT: J.W. The estimate includes time for research, CFR 4100). time to transcribe and audit the data, Whitney, BLM Project Leader, BLM, The Proposed Plan is the New Mexico New Mexico State Office, P.O. Box and time to prepare the PILT Resource Advisory Council (RAC) submission. The respondents are offices 27115, Santa Fe, NM 87502–7115; Alternative. The RAC modified the telephone 505–438–7438. designated by the Governor of each alternative based on public comment on State, usually the Treasurer’s office. The the Draft, and to make the alternative SUPPLEMENTARY INFORMATION: Four frequency of response is once annually, more in concert with the regulations (43 alternatives are considered in detail in reporting on the previous fiscal year’s CFR § 4180). All parts of the Proposed the Proposed Statewide Resource revenues. The number of responses per Plan may be protested. Only those Management Plan Amendment/Final year is 50. The estimated total annual persons or organizations who Environmental Impact Statement. The burden on the States collectively is participated in the planning amendment Four alternatives include: No Action about 1,000 hours. and analysis process may protest issues Alternative (continuation of current All responses to this notice will be previously raised in the Draft. management), RAC Alternative summarized and included in the request (Proposed Plan), County Alternative, for Office of Management and Budget ADDRESSES: Protests must be sent to the and Fallback Alternative. approval. All comments will also Director (WO–210), Bureau of Land The RAC Alternative (Proposed Plan) become a matter of public record. Management, Attn.: Brenda Williams, has four Standards which include: an 1849 C Street, NW, Washington, DC Upland Standard, a Biotic Standard, a Dated: January 3, 2000. 20240. Also send a Carbon Copy to the Carole Smith, Riparian Standard, and a Sustainable Office of the Lieutenant Governor, State Communities and Human Dimension Bureau of Land Management, Information Capitol, Santa Fe, New Mexico 87505— Standard. Clearance Officer. Attention Cecilia Abeyta. Protests must [FR Doc. 00–1607 Filed 1–21–00; 8:45 am] be postmarked on or before February 28, Dated: January 14, 2000. BILLING CODE 4310±84±M 2000. The protest must include the M.J. Chavez, following information: (1) Name, State Director. mailing address, telephone number, and [FR Doc. 00–1593 Filed 1–21–00; 8:45 am] DEPARTMENT OF THE INTERIOR interest of the person filing the protest; BILLING CODE 4310±FB±M (2) a statement of the issue or issues Bureau of Land Management being protested; (3) a statement of the [NM±930±00±1020±PH] parts or part being protested; (4) a copy DEPARTMENT OF THE INTERIOR of all documents addressing the issue or Availability of Proposed Statewide issues that were submitted during the Bureau of Land Management Resource Management Plan planning amendment process by the Amendment/Final Environmental protesting party or an indication of the [NM±930±1310±01]; [NMNM 101077] Impact Statement, of Land Use Plans date the issue or issues were discussed in New Mexico for Implementation of New Mexico: Proposed Reinstatement for the records; and (5) a concise of Terminated Oil and Gas Lease New Mexico Standards for Public Land statement explaining why the BLM New Health and Guidelines for Livestock Mexico State Director’s decision is Under the provisions of Public Law Grazing Management wrong. For those who do not want to 97–451, a petition for reinstatement of AGENCY: Bureau of Land Management, protest the Proposed Plan but wish to oil and gas lease NMNM 101077 for New Mexico State Office. comment on the Proposed Plan, they lands in Eddy County, New Mexico, was ACTION: Notice of Availability. may do so. All comments received will timely filed and was accompanied by all be considered in preparation of the required rentals and royalties accruing SUMMARY: The Bureau of Land Record of Decision. Comments must from September 1, 1999, the date of Management (BLM) announces the also be postmarked on or before termination.

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No valid lease has been issued FOR FURTHER INFORMATION CONTACT: SUMMARY: This order revokes one affecting the lands. The lessee has Quazi T. Islam, Physical Scientist, Executive order in its entirety and agreed to new lease terms for rentals Jackson Field Office, (601) 977–5400. partially revokes another Executive and royalties at rates of $10.00 per acre SUPPLEMENTARY INFORMATION: The BLM order insofar as they affect 491 acres of or fraction thereof and 162⁄3 percent, has responsibility to consider public lands withdrawn for the Bureau respectively. The lessee has paid the applications to lease Federal mineral of Land Management’s Public Water required $500 administrative fee and estate for oil and gas exploration and Reserve No. 139 and Public Water has reimbursed the Bureau of Land development. An interdisciplinary team Reserve No. 107. This action will open Management for the cost of this Federal will be used in the preparation of the these lands to surface entry under the Register notice. The Lessee has met all PA/EAs. Preliminary issues, subject to public land laws and to the requirements for reinstatement of change as a result of public input, are nonmetalliferous location and entry the lease as set out in Sections 31(d) and (1) potential impacts of oil and gas under the United States mining laws. (e) of the Mineral Leasing Act of 1920 exploration and development on the This action is consistent with the (30 U.S.C. 188), and the Bureau of Land surface resources and (2) consideration Northeast Resource Area Management Management is proposing to reinstate of restrictions on lease rights to protect Plan. The lands have been and will the lease effective September 1, 1999, surface resources. remain open to mineral leasing and to subject to the original terms and Due to the scattered nature of the six metalliferous mining. conditions of the lease and the tracts proposed for leasing, a separate EFFECTIVE DATE: February 23, 2000. increased rental and royalty rates cited analysis will be prepared for each tract. FOR FURTHER INFORMATION CONTACT: above. Tract locations, along with acreages, Doris E. Chelius, BLM Colorado State For further information contact: are listed below. Office, 2850 Youngfield Street, Lourdes B. Ortiz, BLM, New Mexico Alabama, Tuscaloosa County, Huntsville Lakewood, Colorado 80215, 303–239– State Office, (505) 438–7586. Meridian 3706. Dated: December 29, 1999. T 18 S, R 8 W, Section 7; T 18 S, R 9 W, By virtue of the authority vested in Lourdes B. Ortiz, Sections 11 and 12; 200.94 acres. the Secretary of the Interior by Section Land Law Examiner. Louisiana, Concordia Parish, 5th Principal 204 of the Federal Land Policy and [FR Doc. 00–1606 Filed 1–21–00; 8:45 am] Meridian Management Act of 1976, 43 U.S.C. BILLING CODE 4310±FB±M T 5 N, R 9 E, Sections 66 and 67; 112.80 (1994), it is ordered as follows: acres. 1. Executive Order No. 5593, dated April 4, 1931, which established Public Mississippi, Lamar County, St. Stephens DEPARTMENT OF THE INTERIOR Water Reserve No. 139, is hereby Meridian revoked in its entirety: Bureau of Land Management T 2 N, R 16 W, Sections 11, 12, 13, and 14; 1,470.0 acres. Sixth Principal Meridian [ES±020±1310±00] T. 4 N., R. 61 W., Mississippi, Covington County, St. Stephens Sec. 5, S1⁄2NW1⁄4. AGENCY: Bureau of Land Management Meridian The area described contains 80 acres in (BLM), Interior. T 8 N, R 14 W, Section 4; 40.0 acres. Weld County. ACTION: Notice of Intent for Planning Mississippi, Covington County, St. Stephens Analyses. 2. The Executive Order dated April 17, Meridian 1926, which established Public Water SUMMARY: The Jackson Field Office, T 6 N, R 54 W, Sections 8 and 17; 70.0 Reserve No. 107, is hereby revoked insofar as Eastern States, will prepare Planning acres. it affects the following described lands: Analyses (PA) for consideration of Virginia, Dickenson County Sixth Principal Meridian leasing six scattered tracts of Federal Tract No. 550G, Parcel A–3. 200.61 acres. T. 5 N., R. 60 W., mineral estate for oil and gas Sec. 27, SW1⁄4NE1⁄4 Due to the limited scope of this PA/ exploration and development. The PAs T. 4 N., R. 62 W., EA process, public meetings are not 1 1 will be prepared in concert with Sec. 12, SE ⁄4SE ⁄4. scheduled. Environmental Analyses (EA). T. 3 N., R. 71 W., This notice is issued pursuant to Title Bruce E. Dawson, Sec. 10, lot 4. 40 Code of Federal Regulations (CFR) T. 1 N., R. 72 W., Field Manager, Jackson Field Office. Sec. 6, lot 112, and lots 117 to 122, 1501.7 and Title 43 CFR 1610.2(c). The [FR Doc. 00–1605 Filed 1–21–00; 8:45 am] inclusive. planning effort will follow the BILLING CODE 4310±GS±M T. 7 S., R. 70 W., procedures set forth in 43 CFR Part Sec. 20, SW1⁄4SE1⁄4. 1600. T. 3 S., R. 72 W., The public is invited to participate in DEPARTMENT OF THE INTERIOR Sec. 17, lots 52, 53, and 54. this planning process, beginning with T. 3 S., R. 73 W., the identification of planning issues and Bureau of Land Management Sec. 1, NW1⁄4NE1⁄4, NW1⁄4SW1⁄4, and criteria. E1⁄2SW1⁄4; (CO±930±1430±ET; COC±28531, COC± Sec. 2, E1⁄2NE1⁄4; DATES: 17321) 1 1 1 1 Comments relating to the Sec. 11, NE ⁄4NW ⁄4 and SW ⁄4SW ⁄4. identification of planning issues and Public Land Order No. 7428; The areas described aggregate 411 acres in criteria will be accepted for thirty days Boulder, Weld, Gilpin, and Jefferson from the date of this publication. Revocation and Partial Revocation of Counties. ADDRESSES: Send comments to Bureau Two Executive Orders Which Created of Land Management, Jackson Field Public Water Reserves; Colorado 2. At 9:00 a.m. on February 23, 2000, Office, 411 Briarwood Drive, Suite 404, AGENCY: Bureau of Land Management, the lands described in Paragraphs 1 and Jackson, Mississippi 39206. Interior. 2 will be opened to operation of the public land laws generally, subject to ACTION: Public Land Order. valid existing rights, the provisions of

VerDate 042000 21:10 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3734 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices existing withdrawals, other segregations The land is not required for any and zoning, or if the use is consistent of record, and the requirements of federal purpose. The lease/conveyance with State and Federal programs. applicable law. All valid applications is consistent with current Bureau Application Comments: Interested received at or prior to 9 a.m. on Planning for this area and would be in parties may submit comments regarding February 23, 2000, shall be considered the public interest. The lease/patent, the specific use proposed in the as simultaneously filed at that time. when issued, will be subject to the application and plan of development, Those received thereafter shall be provisions of the Recreation and Public whether the BLM followed proper considered in the order of filing. Purposes Act and applicable regulations administrative procedures in reaching 3. At 9:00 a.m. on February 23, 2000, of the Secretary of the Interior, and will the decision, or any other factor not the lands described in Paragraphs 1 and contain the following reservations to the directly related to the suitability of the 2 will be opened to nonmetalliferous United States: land for a Public Park. location and entry under the United 1. A right-of-way thereon for ditches Any adverse comments will be States mining laws, subject to valid or canals constructed by the authority of reviewed by the State Director. In the existing rights, the provisions of existing the United States, Act of August 30, absence of any adverse comments, the withdrawals, other segregations of 1890 (43 U.S.C. 945). classification of the land described in record, and the requirements of 2. All minerals shall be reserved to this Notice will become effective 60 applicable law. Appropriation of any of the United States, together with the days from the date of publication in the the lands described in this order to right to prospect for, mine and remove Federal Register. The lands will not be nonmetalliferous mining under the such deposits from the same under offered for lease/conveyance until after general mining laws prior to the date applicable law and such regulations as the classification becomes effective. and time of restoration is unauthorized. the Secretary of the Interior may Dated: January 7, 2000. Any such attempted appropriation, prescribe. Rex Wells, including attempted adverse possession and will be subject to: Assistant Field Manager, Division of Lands, under 30 U.S.C. 38 (1994), shall vest no 1. An easement 40 feet in width along Las Vegas, NV. rights against the United States. Acts the North boundary, 30 feet in width [FR Doc. 00–1611 Filed 1–21–00; 8:45 am] required to establish a location and to along the South boundary, 30 feet in BILLING CODE 4310±HC±M initiate a right of possession are width along the West boundary, and 40 governed by State law where not in feet in width along the East boundary in conflict with Federal law. The Bureau of favor of the City of Las Vegas for roads, DEPARTMENT OF THE INTERIOR Land Management will not intervene in public utilities and flood control Bureau of Land Management disputes between rival locators over purposes. possessory rights since Congress has 2. Those rights for public utility [ID±015±1610±DG] provided for such determinations in purposes which have been granted to AGENCY: local courts. Bureau of Land Management, Nevada Power Company by Permit No. Interior. Dated: January 11, 2000. N–38447 under the Act of October 26, ACTION: Notice of Availability of the John Berry, 1976 (FLPMA). Record of Decision (ROD) for the Assistant Secretary of the Interior. Detailed information concerning this Owyhee Resource Management Plan [FR Doc. 00–1608 Filed 1–21–00; 8:45 am] action is available for review at the and Final Environmental Impact BILLING CODE 4310±JB±P office of the Bureau of Land Statement (RMP/EIS). Management, Las Vegas Field Office, 4765 W. Vegas Drive, Las Vegas, SUMMARY: Pursuant to section 202 of the DEPARTMENT OF THE INTERIOR Nevada. Federal Land Policy and Management Upon publication of this notice in the and section 102(2)(c) of the National Bureau of Land Management Federal Register, the above described Environmental Policy Act, the Bureau of [NV±930±4210±05; N±61840] land will be segregated from all other Land Management (BLM) has issued a forms of appropriation under the public Record of Decision (ROD) for the Notice of Realty Action: Lease/ land laws, including the general mining Proposed Owyhee Resource Conveyance for Recreation and Public laws, except for lease/conveyance under Management Plan (RMP) and Final Purposes the Recreation and Public Purposes Act, Environmental Impact Statement (EIS). leasing under the mineral leasing laws The ROD documents approval of BLM’s AGENCY: Bureau of Land Management. and disposals under the mineral plan to manage the public lands within ACTION: Recreation and Public Purpose material disposal laws. For a period of the Owyhee Resource Area during the Lease/conveyance. 45 days from the date of publication of next 15 to 20 years and beyond. The this notice in the Federal Register, Owyhee RMP establishes direction for SUMMARY: The following described management on about 1.3 million acres public land in Las Vegas, Clark County, interested parties may submit comments regarding the proposed lease/ of BLM administered public lands in the Nevada has been examined and found Owyhee Resource Area in southwest suitable for lease/conveyance for conveyance for classification of the lands to the Field Manager, Las Vegas Idaho. The Owyhee RMP is the same as recreational or public purposes under the Proposed Owyhee Resource the provisions of the Recreation and Field Office, Las Vegas, Nevada 89108. Classification Comments: Interested Management Plan (Alternative E) Public Purposes Act, as amended (43 published in July 1999. U.S.C. 869 et seq.). The City of Las parties may submit comments involving EFFECTIVE DATE: Vegas proposes to use the land for a the suitability of the land for a Public The Owyhee Resource Public Park. Park. Comments on the classification are Management Plan is effective December restricted to whether the land is 30, 1999. Implementation of the Mount Diablo Meridian, Nevada physically suited for the proposal, Owyhee RMP will begin immediately. T. 19 S., R. 60 E., whether the use will maximize the Some RMP decisions require immediate Sec. 21, NE1⁄4SE1⁄4 future use or uses of the land, whether action while other decisions are Containing 40 acres. the use is consistent with local planning identified for implementation during

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3735 the life of the RMP. Some decisions will Designate 13 areas totaling 167,372 more particularly described as follows: require action only when an activity is acres as Areas of Critical Environmental Beginning at a point 1500.4 feet north and initiated. Concern (ACECs). 33.0 feet west of the quarter section corner Continue management of 298,630 common to Section 32, Township 10 South, ADDRESSES: Copies of the Record of Range 23 East and Section 5, Township 11 Decision are available at the BLM, acres as Wilderness Study Areas South, Range 23 East, Boise Meridian; said Lower Snake River District Office, 3948 (WSAs). 195,980 acres were previously point being on the west right-of-way line of Development Avenue, Boise, ID 83705. recommended to Congress as suitable State Highway No. 27; thence N. 0°22′03″ E. for Wilderness designation. along the highway right-of-way a distance of FOR FURTHER INFORMATION CONTACT: Designate off-highway motorized 515.12 feet; thence N. 89°27′57″ W. a Daryl Albiston, Field Manager; or Fred vehicle (OHMV) use as ‘‘Open’’ on 192 distance 1184.19 feet to the centerline of the Minckler, Team Leader at telephone ° ′ ″ acres, ‘‘Limited’’ on 1,217,805 acres and U.S.R.S. ‘‘H’’ Canal; thence S. 35 17 24 W. (208) 384–3300. along the canal centerline a distance of 80.64 ‘‘Closed’’ on 101,994 acres. feet; thence S. 21°20′41″ W. along the canal SUPPLEMENTARY INFORMATION: The Identify 325,000 acres potentially centerline a distance of 89.13 feet; thence S. Owyhee Resource Area includes available for disposal, subject to further 11°08′55″ W. along the canal centerline a 1,320,032 acres of BLM administered review. distance of 221.23 feet to the west quarter public lands in western Owyhee section boundary of said section 23; thence Dated: January 3, 2000. County, Idaho. The Owyhee RMP is a S. 0°18′27″ E. along the quarter section general land use plan that establishes Howard Hedrick, boundary 501.81 feet; thence S.89°26′03″ E. guidance for managing a broad spectrum Associate District Manager. a distance of 496.15 feet; thence N. 0°36′56″ of land uses and allocations and [FR Doc. 00–1609 Filed 1–21–00; 8:45 am] E. a distance of 355.45 feet; thence S.89°21′29″ E. a distance of 800 feet to the BILLING CODE 4310±GG±P contains resource objectives, land use point of beginning. allocations, management actions and The area described aggregates 19.09 acres, direction needed to achieve program more or less, in Cassia County. and multiple use goals. The Owyhee DEPARTMENT OF THE INTERIOR The purpose of the proposed RMP replaces the BLM’s land Bureau of Land Management withdrawal is to protect the Burley management guidance for the Owyhee Administrative Site. Resource Area contained in the Owyhee [ID±933±1430-ET; IDI±33168] For a period of 90 days from the date Management Plan (MFP) which was of publication of this notice, all persons approved in 1981. The record of Notice of Proposed Withdrawal and who wish to submit comments, decision documents selection of Opportunity for Public Meeting; Idaho suggestions, or objections in connection with the proposed withdrawal may Alternative E (the Proposed Owyhee AGENCY: Bureau of Land Management, RMP) as presented in the Proposed Interior. present their views in writing to the Owyhee Resource Management Plan Idaho State Director of the Bureau of ACTION: and Final Environmental Impact Notice. Land Management. Notice is hereby given that an Statement issued July 1999, with SUMMARY: The United States Department associated Appendices, Tables and of the Interior, Bureau of Land opportunity for a public meeting is Maps, as the approved Owyhee RMP. Management proposes to withdraw afforded in connection with the The following are the major 19.09 acres of public land in Cassia proposed withdrawal. All interested components of the approved RMP: County for the protection of the Burley persons who desire a public meeting for Manage land uses and activities to Administrative Site. This notice closes the purpose of being heard on the ensure properly functioning watershed the land up to 2 years from settlement, proposed withdrawal must submit a conditions. sale, location or entry, under all of the written request to the Idaho State Manage vegetation to achieve healthy general land laws, including the mining Director within 90 days from the date of rangelands laws, but not from leasing under the publication of this notice. Upon Meet State of Idaho water quality mineral leasing laws, subject to valid determination by the authorized officer standards. existing rights. that public meeting will be held, a notice of the time and place will be Provide habitat for special status DATES: Comments and requests for a plants and animals and habitat for a published in the Federal Register at meeting should be sent on or before least 30 days before the scheduled date high diversity of wildlife. February 23, 2000. Provide habitat for a wild horse herd of the meeting. ADDRESSES: Comments and meeting The application will be processed in appropriate management level of 192 requests should be sent to the Idaho accordance with the regulations set wild horses. State Director, BLM, Idaho State Office, forth in 43 CFR 2300. Provide for a sustained level of 1387 S. Vinnell Way, Boise, ID 83709. For a period 2 years from the date of livestock use. Initially allocate 135,116 FOR FURTHER INFORMATION CONTACT: publication of this notice in the Federal livestock AUMs. Jackie Simmons, BLM, Idaho State Register, the land will be segregated as Manage livestock grazing activities so Office, 1387 S. Vinnell Way, Boise, ID specified above unless the application is goals for rangeland health are achieved. 83709, 208–373–3867. denied or canceled or the withdrawal is Use fire as a management tool to SUPPLEMENTARY INFORMATION: On approved prior to this date. The improve rangeland health. temporary uses which may be permitted Manage Douglas-fir communities to December 1, 1999, a petition was approved allowing the Bureau of Land during this segregative period are all emphasize forest health. uses other than settlement, sale, Recommend and manage nine river Management to file an application to withdraw the following described location, or entry, under the general segments (163 miles) as suitable for land laws, including the mining laws. designation as Wild and Scenic Rivers. public land: Sixty (60) miles of eligible river Boise Meridian Jimmie Buxton, Branch Chief for Lands and Minerals. segments were determined to be non- A parcel of land lying in the E1⁄2SW1⁄4 of suitable and are released from further Section 32, Township 10 South, Range 23 [FR Doc. 00–1610 Filed 1–21–00; 8:45 am] Wild and Scenic River consideration. East, Boise Meridian, the said parcel being BILLING CODE 4310±GG±P

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DEPARTMENT OF THE INTERIOR West Jefferson Avenue—Rouge River DEPARTMENT OF THE INTERIOR Bridge, (Highway Bridges of Michigan National Park Service MPS) W. Jefferson Ave. over Rouge R., Bureau of Reclamation River Rouge, 00000079 National Register of Historic Places; Bay-Delta Advisory Council Meeting MISSOURI Notification of Pending Nominations Barry County: Wheaton Missouri and AGENCY: Bureau of Reclamation, Nominations for the following North Arkansas Railroad Depot, Jct. of Interior. properties being considered for listing Main and Barnett Sts., Wheaton, ACTION: Notice of meeting. in the National Register were received 00000085 by the National Park Service before Cole County: Jefferson Female Seminary, SUMMARY: The Bay-Delta Advisory January 15, 2000. Pursuant to section 416 and 420 E. State St., Jefferson, Council (BDAC) will meet on February 60.13 of 36 CFR Part 60 written 00000087 17, 2000 to discuss the CALFED comments concerning the significance Madison County: Fredericktown Missouri Preferred Alternative, Water Use of these properties under the National Pacific Railroad Depot, 406 Villar St., Efficiency, and CALFED Register criteria for evaluation may be Fredericktown, 00000088 Implementation, including the forwarded to the National Register, St. Louis Independent city: 1907 Dorris Ecosystem Restoration Program. This National Park Service, 1849 C St. NW, Motor Car Company Building, 4063– meeting is open to the public. Interested NC400, Washington, DC 20240. Written 4065 Forest Park Ave., St. Louis, persons may make oral statements to the comments should be submitted by 00000084 BDAC or may file written statements for February 8, 2000. Security Building, 319 N. Fourth St., 01/ consideration. 10/2000, St. Louis, 00000083 Carol D. Shull, DATE: The Bay-Delta Advisory Council Sullivan County: Green City Presbyterian Keeper of the National Register. will meet in Sacramento from 8:30 a.m. Church, One East St., Green City, to 5:00 p.m. on Thursday, February 17, ARKANSAS 00000086 2000 in the Auditorium of the Pulaski County: Brewer, Adrian, Studio, NEW YORK Sacramento Association of Realtors. 510 Cedar St., Little Rock, 00000069 Livingston County: Union Block, 38–42 ADDRESSES: The Bay-Delta Advisory GEORGIA State St., Nunda, 00000092 Council will meet at the Sacramento Barrow County: Omer Christian Church Oneida County: Holland Patent Railroad Association of Realtors’ Auditorium at and Cemetery, Jct. of GA 316 and GA Station, Park Ave., Holland Patent, 2003 Howe Avenue, Sacramento CA 324, Winder, 00000074 00000089 95825, (916) 922–8294. Fulton County: Washington Park Historic Miller—Wheeler House, 1423 Genesee St., District, Jct. of Martin Luther King, Jr. Dr. FOR FURTHER INFORMATION CONTACT: Utica, 00000093 and Ashby St., Atlanta, 00000071 Eugenia Laychak, CALFED Bay-Delta McDuffie County: Boneville Historic Saratoga County: Crescent Methodist Program, at (916) 654–4214. If District, Jct. of Boneville Rd. and the Episcopal Church, Crescent, Crescent, reasonable accommodation is needed Georgia RR, approx. 5 mi. SE of 00000091 due to a disability, please contact the Thomson, Boneville, 00000072 Grooms Tavern Complex, Sugar Hill Rd. at Equal Employment Opportunity Office Pierce County: Blackshear Depot, 200 S. Grooms Rd., Grooms Corners, 00000094 Central Ave., Blackshear, 00000070 at (916) 653–6952 or TDD (916) 653– Tompkins County: Newfield Covered 6934 at least one week prior to the LOUISIANA Bridge, Covered Bridge St., Newfield, meeting. Winn Parish: Phillips School, Approx. 1⁄2 00000095 W of jct of LA 421 and Harrisburg Rd., Ulster County: South Gilboa Railroad SUPPLEMENTARY INFORMATION: The San Atlanta, 00000073 Station, Bailey Spur Rd., South Gilboa, Francisco Bay/Sacramento-San Joaquin MASSACHUSETTS 00000090 Delta Estuary (Bay-Delta system) is a critically important part of California’s Franklin County: Bardwell’s Ferry Bridge, OHIO Bardwell’s Ferry Rd. over the Deerfield natural environment and economy. In Cuyahoga County: Shore High School, 291 recognition of the serious problems R., Conway, 00000076 E. 22nd St., Euclid, 00000097 Norfolk County: Bent, G.H., Company facing the region and the complex Ottawa County: Port Clinton, Adams St., Factory, 7 Pleasant St., Milton, 00000075 resource management decisions that Worcester County: Bartlett’s Bridge, Clara Port Clinton, 00000096 must be made, the state of California Barton Rd. over the French R., Oxford, SOUTH DAKOTA and the Federal government are working 00000077 Minnehaha County: South Dakota Dept. of together to stabilize, protect, restore, MICHIGAN Trans. Bridge No. 50–195–104, (Historic and enhance the Bay-Delta system. The Wayne County: Gibraltar Road—Waterway Bridges in South Dakota MPS) Local Rd. State and Federal agencies with Canal Bridge, (Highway Bridges of over the Big Sioux R., Sverdrup management and regulatory Michigan MPS) Gibraltar Rd. over Township, 00000098 responsibilities in the Bay-Delta system Waterway Canal, Gibraltar, 00000082 are working together as CALFED to Jefferson Avenue—Huron River and Harbin A Request for Removal has been made for Drive—Silver Creek Canal Bridges the following Resource: provide policy direction and oversight for the process. (Highway Bridges of Michigan MPS) ALASKA Jefferson Ave. over Huron R.; Harbin Dr. One area of Bay-Delta management over Silver Creek Canal, Brownstone, Yukon-Koyukuk Burough: Taylor, James, includes the establishment of a joint 00000080 Cabins (Yukon River Lifeways TR) Right State-Federal process to develop long- Lilley Road—Lower Rouge River, (Highway bank of the Yukon opposite Fourth of term solutions to problems in the Bay- Bridges of Michigan MPS) Lilley Rd. July Creek Eagle, 87001203 Delta system related to fish and wildlife, over Lower Rouge R., Canton Township, water supply reliability, natural 00000078 [FR Doc. 00–1630 Filed 1–21–00; 8:45 am] Waltz Road—Huron River Bridge, BILLING CODE 4310±70±P disasters, and water quality. The intent (Highway Bridges of Michigan MPS) is to develop a comprehensive and Waltz Rd. over Huron R., Huron balanced plan which addresses all of the Township, 00000081 resource problems. This effort, the

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CALFED Bay-Delta Program (Program), and the termination of the suspended file an additional notice of appearance. is being carried out under the policy investigations on uranium from Russia The Secretary will maintain a public direction of CALFED. The Program is and Uzbekistan would be likely to lead service list containing the names and exploring and developing a long-term to continuation or recurrence of material addresses of all persons, or their solution for a cooperative planning injury. For further information representatives, who are parties to the process that will determine the most concerning the conduct of these reviews reviews. appropriate strategy and actions and rules of general application, consult Limited disclosure of business necessary to improve water quality, the Commission’s Rules of Practice and proprietary information (BPI) under an restore health to the Bay-Delta Procedure, part 201, subparts A through administrative protective order (APO) ecosystem, provide for a variety of E (19 CFR part 201), and part 207, and BPI service list.—Pursuant to beneficial uses, and minimize Bay-Delta subparts A, D, E, and F (19 CFR part section 207.7(a) of the Commission’s system vulnerability. A group of citizen 207). Recent amendments to the Rules rules, the Secretary will make BPI advisors representing California’s of Practice and Procedure pertinent to gathered in these reviews available to agricultural, environmental, urban, five-year reviews, including the text of authorized applicants under the APO business, fishing, and other interests subpart F of part 207, are published at issued in the reviews, provided that the who have a stake in finding long-term 63 FR 30599, June 5, 1998, and may be application is made by 45 days after solutions for the problems affecting the downloaded from the Commission’s publication of this notice. Authorized Bay-Delta system has been chartered World Wide Web site at http:// applicants must represent interested under the Federal Advisory Committee www.usitc.gov/rules.htm. parties, as defined by 19 U.S.C. Act (FACA) as the Bay-Delta Advisory EFFECTIVE DATE: January 14, 2000. § 1677(9), who are parties to the reviews. A party granted access to BPI Council (BDAC) to advise CALFED on FOR FURTHER INFORMATION CONTACT: the program mission, problems to be Larry Reavis (202–205–3185), Office of following publication of the Commission’s notice of institution of addressed, and objectives for the Investigations, U.S. International Trade the reviews need not reapply for such Program. BDAC provides a forum to Commission, 500 E Street SW, access. A separate service list will be help ensure public participation, and Washington, DC 20436. Hearing- maintained by the Secretary for those will review reports and other materials impaired persons can obtain parties authorized to receive BPI under prepared by CALFED staff. BDAC has information on this matter by contacting the APO. established a subcommittee called the the Commission’s TDD terminal on 202– Ecosystem Roundtable to provide input Staff report.—The prehearing staff 205–1810. Persons with mobility report in the reviews will be placed in on annual workplans to implement impairments who will need special ecosystem restoration projects and the nonpublic record on May 8, 2000, assistance in gaining access to the and a public version will be issued programs. Commission should contact the Office thereafter, pursuant to section 207.64 of Minutes of the meeting will be of the Secretary at 202–205–2000. the Commission’s rules. maintained by the program, Suite 1155, General information concerning the Hearing.—The Commission will hold 1416 Ninth Street, Sacramento, CA Commission may also be obtained by a hearing in connection with the review 95814, and will be available for public accessing its internet server (http:// beginning at 9:30 a.m. on May 25, 2000, inspection during regular business www.usitc.gov). at the U.S. International Trade hours, Monday through Friday within SUPPLEMENTARY INFORMATION: Commission Building. Requests to 30 days following the meeting. appear at the hearing should be filed in Dated: January 18, 2000. Background writing with the Secretary to the Lester A. Snow, On November 4, 1999, the Commission on or before May 15, 2000. Regional Director, Mid-Pacific Region. Commission determined that responses A nonparty who has testimony that may [FR Doc. 00–1594 Filed 1–21–00; 8:45am] to its notice of institution of the subject aid the Commission’s deliberations may five-year reviews were such that full BILLING CODE 4310±94±M request permission to present a short reviews pursuant to section 751(c)(5) of statement at the hearing. All parties and the Act should proceed (64 FR 62691, nonparties desiring to appear at the November 17, 1999). A record of the hearing and make oral presentations INTERNATIONAL TRADE Commissioners’ votes, the should attend a prehearing conference COMMISSION Commission’s statement on adequacy, to be held at 9:30 a.m. on May 19, 2000, Investigations Nos. 731±TA±539±C, E and any individual Commissioner’s at the U.S. International Trade and F (Review); Uranium From Russia, statements will be available from the Commission Building. Oral testimony Ukraine and Uzbekistan Office of the Secretary and at the and written materials to be submitted at Commission’s web site. the public hearing are governed by AGENCY: United States International Participation in the reviews and sections 201.6(b)(2), 201.13(f), 207.24, Trade Commission. public service list.—Persons, including and 207.66 of the Commission’s rules. ACTION: Scheduling of full five-year industrial users of the subject Parties must submit any request to reviews concerning the antidumping merchandise and, if the merchandise is present a portion of their hearing duty order on uranium from Ukraine sold at the retail level, representative testimony in camera no later than 7 and the suspended investigations on consumer organizations, wishing to days prior to the date of the hearing. uranium from Russia and Uzbekistan. participate in these reviews as parties Written submissions.—Each party to must file an entry of appearance with the reviews may submit a prehearing SUMMARY: The Commission hereby gives the Secretary to the Commission, as brief to the Commission. Prehearing notice of the scheduling of full reviews provided in section 201.11 of the briefs must conform with the provisions pursuant to section 751(c)(5) of the Commission’s rules, by 45 days after of section 207.65 of the Commission’s Tariff Act of 1930 (19 U.S.C. publication of this notice. A party that rules; the deadline for filing is May 17, § 1675(c)(5)) (the Act) to determine filed a notice of appearance following 2000. Parties may also file written whether revocation of the antidumping publication of the Commission’s notice testimony in connection with their duty order on uranium from Ukraine of institution of the reviews need not presentation at the hearing, as provided

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3738 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices in section 207.24 of the Commission’s was lodged on January 13, 2000, with $7.25 (25 cents per page reproduction rules, and posthearing briefs, which the United States District Court for the costs). must conform with the provisions of District of Massachusetts. The proposed Joel M. Gross, section 207.67 of the Commission’s consent decree resolves the claims of rules. The deadline for filing Section Chief, Environmental Enforcement the United States against J. Frank Section, Environment and Natural Resources posthearing briefs is June 5, 2000; Strauss and Robert M. Kuzara in a Division. witness testimony must be filed no later complaint filed against these parties, [FR Doc. 00–1645 Filed 1–21–00; 8:45 am] than three days before the hearing. In and several others, pursuant to Section BILLING CODE 4410±15±M addition, any person who has not 107 of the Comprehensive entered an appearance as a party to the Environmental Response, review may submit a written statement Compensation, and Liability Act DEPARTMENT OF JUSTICE of information pertinent to the subject of (‘‘CERCLA’’), 42 U.S.C. § 9607. In the the review on or before June 5, 2000. On complaint, which was filed on June 17, Notice of Lodging of Consent Decree June 28, 2000, the Commission will Pursuant to the Oil Pollution Act of 1997, the United States sought the make available to parties all information 1990 on which they have not had an recovery of past unreimbursed response opportunity to comment. Parties may costs incurred by the United States in Notice is hereby given that a proposed submit final comments on this connection with a drum removal action consent decree in the action entitled information on or before June 30, 2000, performed at the Yankee Chemical United States v. Amity Products but such final comments must not Superfund Site, located at 600 West Carriers, Inc., Civil Action No. 00–11– contain new factual information and Water Street, in Taunton, Massachusetts P–H, was lodged on January 7, 2000, must otherwise comply with section (the ‘‘Site’’). The settlement also with the United States District Court for the District of Maine. The proposed 207.68 of the Commission’s rules. All resolves the claims of the United States consent decree resolves the claims of written submissions must conform with against Bank Hapoalim, B.M., a third- the United States under Section the provisions of section 201.8 of the party defendant in the action. Pursuant 1002(b)(2)(A) of the Oil Pollution Act of Commission’s rules; any submissions to the proposed settlement, the Settling 1990 (‘‘OPA’’), 33 U.S.C. § 2702(b)(2)(A), that contain BPI must also conform with Defendants will reimburse the EPA against Amity Products Carriers, Inc. the requirements of sections 201.6, Hazardous Substance Superfund in the (‘‘Settling Defendant’’), in connection 207.3, and 207.7 of the Commission’s amount of $50,000. The United States with the oil spill that occurred, on rules. The Commission’s rules do not has provided a covenant not to sue September 27, 1996, as a result of the authorize filing of submissions with the under Sections 106 and 107 of CERCLA, collision of the Tank Vessel Julie N with Secretary by facsimile or electronic 42 U.S.C. §§ 9606 and 9607, as well as the Million Dollar Bridge spanning the means. pursuant to Section 7003 of the Solid Fore River from Portland to South In accordance with sections 201.16(c) Waste Disposal Act, 42 U.S.C. § 6973, Portland, Maine, which resulted in the and 207.3 of the Commission’s rules, with respect to the site. discharge of oil into the Fore River. The each document filed by a party to the The Department of Justice will proposed consent decree also resolves reviews must be served on all other the claims of the United States against parties to the reviews (as identified by receive, for a period of thirty (30) days from the date of this publication, Maritime Overseas Corporation, OSG either the public or BPI service list), and Ship Management, Inc., as well as the a certificate of service must be timely comments relating to the proposed consent decree. Any comments should officers, directors, and employees of filed. The Secretary will not accept a those companies, as well as of the be addressed to the Assistant Attorney document for filing without a certificate Settling Defendant, to the extent that of service. General for the Environment and their liability arises from actions taken Authority: These reviews are being Natural Resources Division, Department in their official capacities as officers, conducted under authority of title VII of the of Justice, Washington, D.C. 20530, and directors, and employees of these Tariff Act of 1930; this notice is published should refer to United States v. Amoroid corporations. The proposed settlement pursuant to section 207.62 of the Company, Inc., DOJ Ref. Number 90– resolves the claims filed in a complaint Commission’s rules. 11–3–1747. Commenters may request an on January 7, 2000. The complaint By order of the Commission. opportunity for a public meeting in the alleges, pursuant to Section Issued: January 14, 2000. affected area, in accordance with 1002(b)(2)(A) of OPA, 33 U.S.C. Donna R. Koehnke, Section 7003(d) of the Solid Waste § 2702(b)(2)(A), that Settling Defendant, Secretary. Disposal Act, 42 U.S.C. § 6973(d). the owner of the Julie N at the time of [FR Doc. 00–1636 Filed 1–21–00; 8:45 am] The proposed consent decree may be the spill, is liable for damages for injury to, destruction of, loss of, or loss of use BILLING CODE 7020±02±P examined at EPA Region 1, located at One Congress Street, Suite 1100, Boston, of, natural resources, including the MA 02114 (contact Peter DeCambre, reasonable costs of assessing the damage. The proposed consent decree DEPARTMENT OF JUSTICE 617–918–1890). A copy of the proposed also resolves the claims of the State of consent decree may be obtained by mail Maine set forth in a similar complaint Notice of Lodging of Consent Decree from the Department of Justice Consent filed on January 7, 2000. See State of Pursuant to the Comprehensive Decree Library, P.O. Box 7611, Environmental Response Maine v. Amity Products Carriers, Inc., Washington, D.C. 20044. In requesting a Civil Action No. 00–12–P–H. Compensation and Liability Act and copy, please refer to the referenced case the Solid Waste Disposal Act Pursuant to the proposed consent and enclose a check in the amount of decree, the Settling Defendant will make Notice is hereby given that a proposed a payment of $1 million to the Julie N consent decree in the action entitled Oil Spill Restoration Account, which United States v. Ambroid Company, shall be used by Federal and State Inc., Civil Action No. 97–11377–JLT, natural resource trustees to plan,

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3739 implement or oversee restoration of the $18.00 (25 cents per page reproduction Decree, payable to the Consent Decree natural resources injured by the Julie N costs). Library. spill in accordance with the Restoration Bruce Gelber, Joel M. Gross, Plan attached as Appendix B to the Chief, Environmental Enforcement Section, proposed consent decree. Pursuant to Deputy Section Chief, Environmental Enforcement Section, Environment and Environment and Natural Resources Division. the Restoration Plan, the Trustees will Natural Resources Division. [FR Doc. 00–1613 Filed 1–21–00 8:45 am] use the funds to implement and oversee [FR Doc. 00–1612 Filed 1–21–00; 8:45am] BILLING CODE 4410±15±M three restoration projects: a project intended to reduce the discharge of oil BILLING CODE 4410±15±M and grease from the streets of Portland DEPARTMENT OF JUSTICE into the Fore River, a project that will DEPARTMENT OF JUSTICE enhance a portion of the Scarborough Notice of Lodging of Consent Decree Pursuant to the Comprehensive Marsh, and a project that will involve Notice of Lodging of Consent Decree Environmental Response, the construction of a one-mile segment Pursuant to the Clean Air Act of a larger trail system in Portland. The Compensation and Liability Act Settling Defendant has already paid the Notice is hereby given that on January Consistent with Departmental policy, trustees their costs of assessment, 6, 2000, the United States lodged a 28 C.F.R. § 50.7, notice is hereby given including $410,000 to the National proposed Consent Decree with the that a proposed Consent Decree in Oceanic and Atmospheric District Court for the Western District of United States v. Robert Odabashian, et Administration, $53,057.09 to U.S. Wisconsin, in United States v. Didion al. was lodged with the United States Department of the Interior, and Milling Company, Inc., Case No. 99–C– District Court for the Western district of $24,531.79 to the State of Maine. 261–C (W.D. Wis.), under Section 113(b) Tennessee on December 17, 1999 (95– 2361 G/Bre). The United States filed a The Settling Defendant has agreed not of the Clean Air Act, 42 U.S.C. § 7413(b). The proposed Consent Decree First Amended Complaint pursuant to to file claims against the United States Section 107 of the Comprehensive in connection with the Julie N spill, but resolves certain claims of the United States against Didion Milling, Inc., Environmental Response, has reserved the right to submit claims Compensation, and Liability Act of 1980 for removal costs or damages with the relating to its grain transfer facility that was located at St. Feriole Island in (‘‘CERCLA’’), as amended, against five Oil Spill Liability Trust Fund under defendants, including Chevron Prairie du Chien, Wisconsin. Under the Section 1013 of OPA, 33 U.S.C. § 2713, Chemical Company, LLC (‘‘Chevron’’). proposed Consent Decree Didion will to the extent permitted by Section 1008 The First Amended Complaint alleges of OPA, 33 U.S.C. § 2708. pay the United States a $107,500 civil that the defendants are liable under penalty. The Department of Justice will Section 107 of CERCLA for costs receive, for a period of forty-five (45) The Department of Justice will receive incurred by the United States days from the date of this publication, comments relating to the proposed Environmental Protection Agency comments relating to the proposed Consent Decree for 30 days following during a cleanup of the Pulvair Corporation Superfund Site in consent decree, including comments publication of this Notice. Comments Millington, Tennessee. The proposed concerning the Restoration Plan should be addressed to the Assistant Consent Decree settles the liability of attached as Appendix B to the proposed Attorney General, Environment and Natural Resources Division, United Chevron. Under the Consent Decree, consent decree. Any comments should Chevron agrees to reimburse the United be addressed to Lois J. Schiffer, States Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, States in the amount of $100,000. Assistant Attorney General, U.S. D.C. 20044–7611, and should refer to The Department of Justice will Department of Justice, Environment and United States v. Didion Milling receive, for a period of thirty (30) days Natural Resource Division, P.O. Box Company, Inc., Case No. 99–C–261–C from the date of this publication, 7611, Washington, D.C. 20044. (W.D. Wis.), 90–5–2–1–2219/1. The comments relating to the proposed Comments should state ‘‘Attention: Don Consent Decree. Comments should be proposed Consent Decree may be Frankel’’ and refer to United States v. addressed to the Assistant Attorney examined at the Office of the United General for the Environment and Amity Products Carriers, Inc., DOJ Ref. States Attorney for the Western District Number 90–5–1–1–4390. Natural Resources Division, U.S. of Wisconsin, 660 W. Washington Ave., Department of Justice, P.O. Box 7611, The proposed consent decree may be Suite 200, Madison, Wisconsin and the Washington, D.C. 20044; and refer to examined at the offices of the United Region V Office of the United States United States v. Robert Odabashian, et States Attorney’s Office for the District Environmental Protection Agency, 77 al., DOJ Ref. #90–11–3–1474. of Maine, East Tower, Sixth Floor, One West Jackson Boulevard, Chicago, The proposed settlement agreement Hundred Middle Street Plaza, Portland, Illinois 60604. A copy of the Consent may be examined at the Office of the ME 04101 (contact David Collins, 207– Decree may also be obtained by United States Attorney, Suite 410, 200 780–3257). A copy of the proposed overnight mail addressed to the Jefferson Avenue, Memphis, TN 38103, consent decree may be obtained by mail Department of Justice Consent Decree and at the office of the Environmental from the Department of Justice Consent Library, 13th Floor, 1425 New York Protection Agency, Region 4, 61 Forsyth Decree Library, P.O. Box 7611, Avenue, NW, Washington, DC 20005, or Street, S.W., Atlanta, GA 30303. A copy Washington, D.C. 20044. In requesting a by regular mail addressed to the of the proposed Consent Decree may be copy, please refer to the referenced case Department of Justice Consent Decree obtained in person or by mail from the and enclose a check in the amount of Library, P.O. Box 7611, Ben Franklin Department of Justice Consent Decree Station, Washington, DC 20044. In Library, P.O. Box 7611, Washington, requesting a copy, please enclose a D.C. 20044. In requesting a copy please check for reproduction costs (at 25 cents refer to the referenced case and enclose per page) in the amount of $3.75 for the a check in the amount of $4.25 (25 cents

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3740 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices per page reproduction costs), payable to Washington, DC 20534, Telephone (202) I. Background the Consent Decree Library. 514–6470, Telefacsimile (202) 616– On October 18, 1999, OSHA 6024, [email protected]. Walker Smith, announced its intention to request that Deputy Chief, Environmental Enforcement Dated: January 18, 2000. MACOSH be rechartered for another Section, Environment and Natural Resources David J. Dorworth, two years. MACOSH was established to Division. Chief, Site Selection and Environmental advise the Secretary on various issues [FR Doc. 00–1644 Filed 1–21–00; 8:45am] Review Branch. pertaining to providing safe and BILLING CODE 4410±15±M [FR Doc. 00–1617 Filed 1–21–00; 8:45 am] healthful employment in the maritime BILLING CODE 4410±05±U industries, which include shipyard and longshoring activities. The Secretary DEPARTMENT OF JUSTICE consults with MACOSH on rulemaking issues affecting the industry, and has Federal Bureau of Prisons DEPARTMENT OF LABOR sought the committee’s advice on other Notice of Document Availability and issues including streamlining regulatory Occupational Safety and Health efforts and improving training and Issuance of a Negative Declaration and Administration Finding of No Significant Impact for outreach programs. In addition, MACOSH recommends enforcement the Water and Sewer Extension Project Maritime Advisory Committee for To Serve the United States Penitentiary initiatives that will help improve the Occupational Safety and Health working conditions and the safety and at the Castle Airport and Aviation (MACOSH); Request for Nominations Development Center, Merced County, health of men and women working in the maritime industry. California AGENCY: Occupational Safety and Health Administration, (OSHA), Labor. II. Nominations AGENCY: Federal Bureau of Prisons, Department of Justice/City of Atwater ACTION: Request for nominations for OSHA is seeking men and women SUMMARY: Notice Is Hereby Given persons to serve on MACOSH. with an interest in the safety and health regarding the availability of a Joint of workers in the maritime industry for Initial Study/Environmental Assessment SUMMARY: OSHA intends to renew the membership on MACOSH. Interested (IS/EA) for public review at the City of charter of the Maritime Advisory persons may submit their own name or Atwater Planning Department, located Committee for Occupational Safety and the name of another whom they believe at 750 Bellevue Road, Atwater, Health (MACOSH). MACOSH advises to be interested in and qualified to serve California 95301, in conformance with the Secretary of Labor on matters on MACOSH. The Agency is looking for the California Environmental Quality relating to occupational safety and nominees to represent the following Act (CEQA). The IS/EA is also available health programs, policies, and standards interests or categories: Employees, through the Federal Bureau of Prisons, for the maritime industries of the United Employers, State or Federal Safety and 500 First Street NW, Washington DC States. The Committee will consist of 15 Health Organizations, and Professional 20534 in conformance with the National members and will include a cross- Organizations or National Standards- Environmental Policy Act (NEPA). section of individuals who represent the Setting Groups. A Negative Declaration, filed by the following interests: employers, OSHA seeks a broad-based and Planning Department in conformance employees; Federal and State safety and diverse membership for MACOSH. with CEQA, along with the Joint IS/EA health organizations; professional Nominations of women and minorities may be reviewed at the City during organizations specializing in are encouraged. Nominations of new normal business hours (8:00 AM to 5:00 occupational safety and health; and members or re-nominations of former or PM) for a 30 day review period national standards setting groups. current members will be accepted in all commencing on January 20, 2000. OSHA invites persons interested in categories of membership. Interested The proposed project will extend serving on MACOSH to submit their persons may nominate themselves or municipal water and sewer services names in nomination for committee may be nominated by organizations from the City of Atwater to the United membership. from one of the categories listed above. States Penitentiary at the Castle Airport Nominations should include the name DATE: and Aviation Development Center. Nominations for MACOSH and address of the candidate. Each Given that the proposed project involves membership should be postmarked by nomination should include a summary federal, state and local agencies, a joint March 6, 2000. of the candidate’s training or experience CEQA/NEPA environmental document ADDRESSES: Nominations for MACOSH relating to safety and health in the has been prepared. membership should be sent to: Chappell maritime industry and the interest the All interested parties should review Pierce, Office of Maritime Standards, candidate represents. In addition to the document and provide written Room N–3609, Occupational Safety and listing the candidate’s qualifications to comments to the City of Atwater Health Administration, U.S. Department serve on the committee, each Planning Department (Attention: Mo of Labor, 200 Constitution Avenue, NW, nomination should state that the person Khatami, Planning and Redevelopment Washington, DC 20210. consents to the nomination and Director) no later than February 22, acknowledges the responsibilities of FOR FURTHER INFORMATION CONTACT: 2000. A separate Planning Commission serving on MACOSH. Chappell Pierce, Acting Director, Office public hearing notice will be issued by of Maritime Standards, U.S. Department III. Authority the City to provide an opportunity for of Labor, Occupational Safety and interested parties to give oral comments. This document was prepared under Questions concerning the action can Health Administration, Room N–3609, the direction of Charles N. Jeffress, also be answered by: David J. Dorworth, 200 Constitution Avenue, NW, Assistant Secretary of Labor for 5stChief, Site Selection and Washington, DC 20210; Telephone: Occupational Safety and Health, U.S. Environmental Review Branch, Federal (202) 693–2255. Department of Labor, Washington, DC Bureau of Prisons, 320 First Street, NW, SUPPLEMENTARY INFORMATION: 20210, pursuant to sections 6(b) and

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7(b) of the Occupational Safety and This helps to ensure that requested data including the validity of the Health Act of 1970 (29 U.S.C. 655, 656), can be provided in the desired format, methodology and assumptions used; the Federal Advisory Committee Act (5 reporting burden (time and financial • Enhance the quality, utility, and U.S.C. App. 2), and 29 CFR Part 1912. resources) is minimized, collection clarity of the information to be instruments are clearly understood, and collected; and Signed at Washington, DC this 18th day of • January 2000. the impact of collection requirements on Minimize the burden of the Charles N. Jeffress, respondents can be properly assessed. collection of information on those who are to respond, including through the Assistant Secretary of Labor. Currently, the Pension and Welfare Benefits Administration is soliciting use of appropriate automated, [FR Doc. 00–1643 Filed 1–21–00; 8:45 am] comments concerning the proposed electronic, mechanical, or other BILLING CODE 4510±26±M extension of the information collection technological collection techniques or provisions of Prohibited Transaction other forms of information technology, DEPARTMENT OF LABOR Class Exemption 78–6. A copy of the e.g., permitting electronic submission of Information Collection Request (ICR) responses. Pension and Welfare Benefits may be obtained by contacting the office III. Current Action Administration listed in the addresses section of this notice. This existing information collection Proposed Extension of Information should be continued because without DATES: Written comments must be Collection Request Submitted for this exemption, apprenticeship plans submitted to the office shown in the Public Comment and would have difficulty operating in addresses section below on or before Recommendations; Notice of Special accordance with the purposes for which Enrollment Rights, Health Insurance March 24, 2000. they were established. For the Portability for Group Health Plans; ADDRESSES: Gerald B. Lindrew, Office of Department to grant an exemption, Correction Policy and Research, U.S. Department of however, it is required by the provisions Labor, Pension and Welfare Benefits of section 408(a) of ERISA to ensure the AGENCY: Pension and Welfare Benefits Administration, 200 Constitution participants and beneficiaries are Administration, Department of Labor. Avenue, NW, Room N–5647, protected. It, therefore, included certain ACTION: Correction. Washington, D.C. 20210. Telephone: conditions and required that records be (202) 219–4782; Fax: (202) 219–4745. SUMMARY: kept for six years from the date of the In notice document 99–33599 These are not toll-free numbers. beginning on page 72696 in the issue of transaction so that the Department, SUPPLEMENTARY INFORMATION: Tuesday, December 28, 1999, make the contributing employers and their employees, the sponsoring employee following correction: I. Background On page 72697 in the first column in organization, and plan participants can Prohibited Transaction Class the second paragraph, the submission determine whether these conditions Exemption 78–6 allows a multiple date for written comments was on or have been met. Without such records, employer welfare benefit plan before January 27, 2000. It should be the Department and other interested maintained for the purpose of providing changed to read on or before February parties would be unable to enforce the apprenticeship or other training 28, 2000. terms of the exemption and ensure user programs (apprenticeship plan) to (1) compliance. Dated: January 19, 2000. purchase personal property and (2) lease Type of Review: Extension of a Gerald B. Lindrew, personal property or real property (other currently approved collection of Deputy Director, Office of Policy and Research than office space as described in section information. Pension and Welfare Benefits Administration. 408(b)(2) of the Employee Retirement Agency: Pension and Welfare Benefits [FR Doc. 00–1637 Filed 1–21–00; 8:45am] Income Security Act of 1974 (ERISA)) Administration, Department of Labor BILLING CODE 4510±29±M from an employer who makes Titles: Prohibited Transaction Class contributions to an apprenticeship plan Exemption 78–6 (contributing employer), from a wholly- OMB Number: 1210–0080 DEPARTMENT OF LABOR owned subsidiary of a contributing Affected Public: Individuals or employer, or from an employee households; Business or other for-profit; Pension and Welfare Benefits organization any of whose members’ Not-for-profit institutions Administration work results in contributions being Estimated Total Burden Hours: 417 made to the apprenticeship plan. In the Respondents: 1,000 Proposed Extension of Information Frequency of Response: On occasion. absence of this exemption, sections Collection; Comment Request; Responses: 5,000. Prohibited Transaction Class 406(a)(1) (A), (C) and (D) of ERISA Annual hour burden: 5 minutes. Exemption 78±6 might prohibit part or all of these Total Burden Cost (Operating and transactions. Maintenance): $0.00. ACTION: Notice. II. Desired Focus of Comments Comments submitted in response to this notice will be summarized and/or SUMMARY: The Department of Labor The Department is particularly included in the request for OMB (Department), as part of its continuing interested in comments that: approval of the information collection effort to reduce paperwork and • Evaluate whether the proposed request; they will also become a matter respondent burden, conducts a collection of information is necessary of public record. preclearance consultation program to for the proper performance of the provide the general public and Federal functions of the agency, including Dated: January 19, 2000. agencies with an opportunity to whether the information will have Gerald B. Lindrew, comment on proposed and continuing practical utility; Deputy Director, Office of Policy and Research collections of information in accordance • Evaluate the accuracy of the Pension and Welfare Benefits Administration. with the Paperwork Reduction Act of agency’s estimate of the burden of the [FR Doc. 00–1638 Filed 1–21–00; 8:45 am] 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). proposed collection of information, BILLING CODE 4510±29±M

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NATIONAL FOUNDATION ON THE March 17, 2000 will be most useful. All Classification Schedule and ARTS AND THE HUMANITIES interested parties should respond to: accompanying fee changes. Barbara Holton, Office of Library Institute of Museum and Library Services, Institute of Museum and SUMMARY: This notice sets forth the Services Library Services, 1100 Pennsylvania changes to Domestic Mail Classification Avenue, Washington, DC 20506, Schedule (DMCS) § 931 and the Notice; National Leadership Grant for [email protected]. accompanying Fee Schedule 931 Libraries changes to be implemented as a result Mamie Bittner, of the November 1, 1999, Decision of the SUMMARY: The Institute of Museum and Director, Public and Legislative Affairs, Governors of the United States Postal Library Services has prepared a report Institute of Museum and Library Services. Service on the Recommended Decision regarding two funding categories for its [FR Doc. 00–1588 Filed 1–21–00; 8:45 am] of the Postal Rate Commission on National Leadership Grant for Libraries: BILLING CODE 7036±01±M Establishment of Permanent education and training, and research Classification and Fees For Weight- and demonstration. The full text of the Averaged Nonletter-Size Business Reply report can be found on the IMLS web NATIONAL SCIENCE FOUNDATION Mail, Docket No. MC99–2. site at http://www.imls.gov/grants/ l EFFECTIVE DATE: February 6, 2000. library/lib nlgl.asp#adv or received by Sunshine Act Meeting contacting the Institute at the address FOR FURTHER INFORMATION CONTACT: below. AGENCY HOLDING MEETING: National Michael Tidwell, (202) 268–2998. The Institute of Museum and Library Science Foundation, National Science SUPPLEMENTARY INFORMATION: On March Services’ National Leadership Grants for Board. 10, 1999, pursuant to its authority under libraries are designed to support leading DATE AND TIME: February 2, 2000: 9:00 39 U.S.C. 3621 et seq., the Postal Service edge activities in the field of library and a.m.–5:30 p.m., Open Session; February filed with the Postal Rate Commission information science. In 1999, IMLS 3, 2000: 8:30 a.m.–12:15 p.m., Open (PRC) a request for a recommended awarded over $10 million in awards for Session. decision on the establishment of a model projects in education and permanent classification and fees for PLACE: The Arnold & Mabel Beckman training, research and demonstration weight-averaged nonletter-size Business Center, 100 Academy Drive, Irvine, and the preservation and archiving of Reply Mail. The PRC designated the California 92612. digital media. These grants also help to filing as Docket No. MC99–2. On March build digital library resources and to STATUS: This meeting will be open to 19, 1999, the PRC published a notice of promote cooperation between libraries the public. the filing, with a description of the and museums. The Institute is the only MATTERS TO BE CONSIDERED: Postal Service’s proposals, in the federal agency that administers grants Wednesday, February 2 Federal Register (64 FR 13613–13617). specifically targeted for libraries, library On July 14, 1999, pursuant to its education and library research. —Open Session Minutes, November authority under 39 U.S.C. 3624, the PRC IMLS places a high priority on 1999 issued to the Governors of the Postal developing ongoing and open —Closed Session Items for March 2000 Service its recommended decision on communication with the constituents it —Chair’s Report the Postal Service’s request. The PRC serves. Dialogue is essential to assuring —Director’s Report recommended the establishment of the that policy and grant making procedures —NSF Strategic Plan permanent weight averaging are developed in concert with the needs —NSB Report: Environmental Science & classification and fees which were of the library community. To further Engineering for the 21st Century requested by the Postal Service and this dialogue IMLS held a series of —Committee on Communication & ratified by the Docket No. MC99–2 meetings in 1999 in Washington, DC, Outreach Interim Report parties in a Stipulation and Agreement. with library leaders to exchange ideas —NSB Symposium: Communicating Pursuant to 39 U.S.C. 3625, the about priorities for the education and Science & Technology In the Public Governors of the United States Postal training, and research and development Interest Service acted on the PRC’s Docket No. grant categories of National Leadership Thursday, February 3 MC99–2 recommendations on Grants. The meetings were designed to November 1, 1999. The Governors —NSB Symposium: Communicating promote discussion among library determined to approve those Science & Technology In the Public leaders to help ensure that funding recommendations. A copy of the Interest, continued priorities address current problems and attachment to that decision, setting forth provide leadership for future needs. Marta Cehelsky, the Docket No. MC99–2 classification IMLS is an independent Federal Executive Officer. and fee changes approved by the grantmaking agency that fosters [FR Doc. 00–1750 Filed 1–20–00; 3:37 pm] Governors, is set forth below. leadership, innovation, and a lifetime of BILLING CODE 7555±01±M Also on November 1, 1999, the Board learning by supporting the nation’s of Governors of the Postal Service, 8,000 museums and 122,000 libraries. pursuant to their authority under 39 Created by the Museum and Library POSTAL SERVICE U.S.C. 3625(f), determined to make the Services Act of 1996, P.L. 104–208, Docket No. MC99–2 classification and IMLS has an annual budget of $190 Establishment of Permanent Nonletter- fee changes approved by the Governors million. For more information about Size Business Reply Mail effective at 12:01 a.m. on February 6, IMLS contact: Institute of Museum and Classification and Fees; Changes in 2000 (Resolution No. 99–12). Library Services, 1100 Pennsylvania Domestic Classification and Fees In accordance with the Avenue, NW, Washington, DC 20506, aforementioned Decision of the (202) 606–8536, or http://www.imls.gov. AGENCY: Postal Service. Governors and Resolution No. 99–12, FOR FURTHER INFORMATION CONTACT: ACTION: Notice of implementation of the Postal Service hereby gives notice Comments and questions received by changes to the Domestic Mail that the classification and fee changes

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[FR Doc. 00–1571 Filed 1–21–00; 8:45 am] whether the information has practical death, and (4) monthly survivor BILLING CODE 7710±12±C utility; (b) the accuracy of the RRB’s insurance payments. The requirements estimate of the burden of the collection for determining the entitlement of of the information; (c) ways to enhance possible beneficiaries to these benefits the quality, utility, and clarity of the are prescribed in 20 CFR 234. RAILROAD RETIREMENT BOARD information to be collected; and (d) When the RRB receives notification of Proposed Collection; Comment ways to minimize the burden related to the death of a railroad employee or the collection of information on Request survivor annuitant, an RRB field office respondents, including the use of utilizes Form RL–94–F, Survivor SUMMARY: In accordance with the automated collection techniques or Questionnaire, to secure additional requirement of Section 3506(c)(2)(A) of other forms of information technology. information from surviving relatives the Paperwork Reduction Act of 1995 Title and purpose of information needed to determine if any further which provides opportunity for public collection: Survivor Questionnaire; comment on new or revised data OMB 3220–0032. benefits are payable under the RRA. collections, the Railroad Retirement Under Section 6 of the Railroad Completion is voluntary. One response Board (RRB) will publish periodic Retirement Act (RRA), benefits that may is requested of each respondent. summaries of proposed data collections. be due on the death of a railroad The RRB proposes minor, non-burden Comments are invited on: (a) Whether employee or a survivor annuitant impacting, formatting and editorial the proposed information collection is include (1) a lump-sum death benefit (2) changes to Form RL–94–F. The necessary for the proper performance of a residual lump-sum payment (3) completion time for the RL–94–F is the functions of the agency, including accrued annuities due but unpaid at estimated at between 5 to 11 minutes.

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The RRB estimates that approximately Budget, Room 10230, New Executive SUPPLEMENTARY INFORMATION: The 8,000 responses are received annually. Office Building, Washington, D.C. following is a summary of the ADDITIONAL INFORMATION OR COMMENTS: 20503. application. The complete application is To request more information or to available for a fee at the Commission’s Chuck Mierzwa, Public Reference Branch, 450 Fifth obtain a copy of the information Clearance Officer. collection justification, forms, and/or Street, NW, Washington, DC 20549– [FR Doc. 00–1615 Filed 1–21–00; 8:45 am] supporting material, please call the RRB 0102 (tel. 202–942–8090). BILLING CODE 7905±01±M Clearance Officer at (312) 751–3363. Applicant’s Representations Comments regarding the information collection should be addressed to 1. Applicant is an internally-managed business development company Ronald J. Hodapp, Railroad Retirement SECURITIES AND EXCHANGE (‘‘BDC’’) within the meaning of section Board, 844 North Rush Street, Chicago, COMMISSION 2(a)(48) of the Act.1 Applicant does not Illinois 60611–2092. Written comments [Investment Company Act Release No. have an external investment adviser should be received within 60 days of 24254; 812±11250] within the meaning of section 2(a)(20) of this notice. Franklin Capital Corporation; Notice of the Act. Chuck Mierzwa, Application 2. Applicant requests an order under Clearance Officer. section 61(a)(3)(B) of the Act approving [FR Doc. 00–1614 Filed 1–21–00; 8:45 am] January 18, 2000. the Director Plan for directors who are not employees, officers, or interested BILLING CODE 7905±01±M AGENCY: Securities and Exchange Commission (the ‘‘Commission’’). persons (as defined in section 2(a)(9) of ACTION: Notice of an application for an the Act) of the applicant (‘‘Eligible 2 RAILROAD RETIREMENT BOARD order under section 61(a)(3)(B) of the Directors’’). Applicant has a five Investment Company Act of 1940 (the member board of directors (the Agency Forms Submitted for OMB ‘‘Act’’). ‘‘Board’’), four of whom are Eligible Review Directors. On August 5, 1997, SUMMARY OF APPLICATION: Applicant, applicant’s Board adopted the Director SUMMARY: In accordance with the Franklin Capital Corporation, requests Plan, and on September 9, 1997, Paperwork Reduction act of 1995 (44 an order approving its Non-Statutory applicant’s shareholders approved the U.S.C. Chapter 35), the Railroad Stock Option Plan (the ‘‘Director Plan’’) Director Plan. The Director Plan will Retirement Board (RRB) has submitted and the grant of certain stock options become effective on the date that the the following proposal(s) for the under the Director Plan. Commission issues an order on the collection of information to the Office of FILING DATES: The application was filed application (the ‘‘Approval Date’’). Management and Budget for review and on August 6, 1998, and amended on 3. The Director Plan provides for the approval. April 14, 1999. Applicant has agreed to grant of stock options to purchase shares Summary of Proposal(s) file an amendment during the notice of applicant’s common stock (‘‘Options’’) to each of the Eligible (1) Collection title: Application and period, the substance of which is reflected in this notice. Directors on the Approval Date. A total Claim for RUIA Benefits Due at Death. of 30,000 shares of applicant’s common HEARING OR NOTIFICATION OF HEARING: (2) Form(s) submitted: UI–63. An stock is reserved for issuance under the (3) OMB Number: 3220–0055. order granting the application will be Director Plan. Pursuant to the Director (4) Expiration date of current OMB issued unless the Commission orders a Plan, on the Approval Date, each of the clearance: 4/30/2000. hearing. Interested persons may request Eligible Directors will be granted (5) Type of request: Extension of a a hearing by writing to the Options for 5,000 shares of common currently approved collection. Commission’s Secretary and serving stock (20,000 shares total). The Options (6) Respondents: Individuals or applicant with a copy of the request, vest as follows: one-third of each households. personally or by mail. Hearing requests Eligible Director’s 5,000 Options will (7) Estimated annual number of should be received by the Commission vest immediately, one-third will vest respondents: 200. by 5:30 p.m. on February 11, 2000, and one year from the date of grant, and the (8) Total annual responses: 200. should be accompanied by proof of remaining one-third will vest two years (9) Total annual reporting hours: 23. service on applicant, in the form of an from the date of grant. The remaining (10) Collection description: The affidavit or, for lawyers, a certificate of 10,000 shares will be granted in the collection obtains the information service. Hearing requests should state following manner: Options to purchase needed by the Railroad Retirement the nature of the writer’s interest, the an additional 1,250 shares of common Board to pay, under section 2(g) of the reason for the request, and the issues stock will be automatically granted to RUIA, benefits under that Act accrued, contested. Persons who wish to be each Eligible Director upon his election, but not paid because of the death of the notified of a hearing may request re-election, or appointment to the Board employee. notification by writing to the at the Year 2000 and Year 2001 annual ADDITIONAL INFORMATION OR COMMENTS: Commission’s Secretary. shareholders’ meetings. Copies of the forms and supporting ADDRESSES: Secretary, Commission, 450 documents can be obtained from Chuck 5th Street, NW, Washington, DC 20549– 1 Section 2(a)(48) defines a BDC to be any closed- Mierzwa, the agency clearance officer 0609. Applicant, 450 Park Avenue, New end investment company that operates for the York, New York 10022. purpose of making investments in securities (312–751–3363). Comments regarding described in sections 55(a)(1) through 55(a)(3) of the the information collection should be FOR FURTHER INFORMATION CONTACT: Act and makes available significant managerial addressed to Ronald J. Hodapp, Railroad Deepak T. Pai, Senior Counsel, at (202) assistance with respect to the issuers of such Retirement Board, 844 North Rush 942–0574, or George J. Zornada, Branch securities. 2 Each Eligible Director receives director’s fees Street, Chicago, Illinois, 60611–2092 Chief, at (202) 942–0564 (Division of equal to $12,000 per year. The Eligible Directors do and the OMB reviewer, Joe Lackey (202– Investment Management, Office of not receive any other compensation for their 395–7316), Office of Management and Investment Company Regulation). services.

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4. Under the Director Plan, the of the underlying securities at the date 4. Applicant submits that the terms of exercise price for Options will be the of the issuance of the options, or if no the Director Plan are fair and reasonable fair market value of the applicant’s market exists, the current net asset value and do not involve overreaching of stock, defined as the closing price on of the voting securities; (c) the proposal applicant or its shareholders. Applicant the American Stock Exchange on the to issue the options is authorized by the states that the number of voting date of grant. Options granted under the BDC’s shareholders, and is approved by securities that would result from the Director Plan are exercisable for a order of the Commission upon exercise of all Options issued or period of 10 years from the date of grant application; (d) the options are not issuable to the directors, officer, and or a shorter period as the Board may transferable except for disposition by employees under the Director Plan and establish. Options will become gift, will or intestacy; (e) no investment the Employee Plan is 75,000 shares, or exercisable, in accordance with the adviser of the BDC receives any 10.3% of the company’s outstanding vesting schedule prescribed in each compensation described in section stock, which is below the percentage Eligible Director’s Option agreement. In 205(1) of the Investment Advisers Act of limitations in the Act. Applicant asserts the event of death or permanent and 1940, except to the extent permitted by that, given the small amount of common total disability of an Eligible Director clause (A) or (B) of that section; and (f) stock issuable upon the exercise of during the Director’s service, the BDC does not have a profit-sharing Options under the Director Plan, the unexercised Options will become plan as described in section 57(n) of the exercise of Options would not have a exercisable only during the period of Act. substantial dilutive effect on the net twelve months following the date of 2. In addition, section 61(a)(3) of the asset value of the applicant’s stock. death or disability. In the event of the Act provides that the amount of the For the Commission, by the Division of termination of an Eligible Director’s BDC’s voting securities that would Investment Management, pursuant to directorship for a reason other than by result from the exercise of all delegated authority. death or permanent and total disability, outstanding warrants, options, and Margaret H. McFarland, an Option shall be exercisable only rights at the time of issuance may not Deputy Secretary. during a period of thirty days following exceed 25% of the BDC’s outstanding the date of termination. The Options [FR Doc. 00–1635 Filed 1–21–00; 8:45 am] voting securities, except that if the BILLING CODE 8010±01±M will not be transferable except for amount of voting securities that would disposition by gift, will, intestacy, or result from the exercise of all pursuant to a qualified domestic outstanding warrants, options, and relations order as defined by section SECURITIES AND EXCHANGE rights issued to the BDC’s directors, COMMISSION 414(p) of the Internal Revenue Code of officers, and employees pursuant to an 1986, as amended. executive compensation plan would [Rel. No. IA±1851/803±140] 5. Applicant’s officers and employees, exceed 15% of the BDC’s outstanding including any employee directors, are Ibbotson Associates, Inc.; Notice of voting securities, then the total amount eligible to receive stock options under Application of voting securities that would result the Franklin Holding Corporation Stock from the exercise of all outstanding Incentive Plan (the ‘‘Employee Plan’’). January 18, 2000. warrants, options, and rights at the time Eligible Directors are not eligible to AGENCY: Securities and Exchange of issuance will not exceed 20% of the receive stock options under the Commission (‘‘SEC’’). Employee Plan. The total number of outstanding voting securities of the ACTION: Notice of Application for shares of common stock issuable under BDC. Exemption under the Investment the Director Plan and the Employee Plan 3. Applicant represents that the terms Advisers Act of 1940 (‘‘Advisers Act’’). is 75,000 shares (30,000 shares under of the Director Plan meet all the the Director Plan and 45,000 shares requirements of section 61(a)(3)(B) of APPLICANT: Ibbotson Associates, Inc. under the Employee Plan), representing the Act. Applicant states in support of RELEVANT ADVISERS ACT SECTIONS: 10.3% of the 730,588 shares of the application that the Eligible Exemption requested under section applicant’s stock outstanding as of Directors are actively involved in the 203A(c) from section 203A(a). oversight of applicant’s affairs and that December 31, 1999. Applicant has no SUMMARY OF APPLICATION: Applicant warrants, options or rights to purchase it relies on the judgment and experience of the Board. Applicant also states that requests an order to permit it to register its outstanding voting securities other with the SEC as an investment adviser. than those granted to its directors, the Eligible Directors provide guidance FILING DATES: officers, and employees pursuant to the and advice on financial and operational The application was filed Employee Plan and the Director Plan. issues, credit and loan policies, asset on August 2, 1999, and amended on valuation, and strategic direction, as December 8, 1999. Applicant’s Legal Analysis well as serve on committees. Applicant HEARING OR NOTIFICATION OF HEARING: An 1. Section 63(3) of the Act permits a believes that the Options to be granted order granting the application will be BDC to sell its common stock at a price to the Eligible Directors provide issued unless the SEC orders a hearing. below current net asset value upon the significant incentives for the Eligible Interested persons may request a exercise of any option issued in Directors to remain on the Board and to hearing by writing to the SEC’s accordance with section 61(a)(3) of the devote their best efforts to the success Secretary and serving applicant with a Act. Section 61(a)(3)(B) of the Act of applicant’s business and the copy of the request, personally or by provides, in pertinent part, that a BDC enhancement of shareholder value. mail. Hearing requests should be may issue to its non-employee directors Applicant also states that the Options received by the SEC by 5:30 p.m. on options to purchase its voting securities will provide a means for the Eligible February 14, 2000, and should be pursuant to an executive compensation Directors to increase their ownership accompanied by proof of service on plan, provided that: (a) the options interests in applicant, thereby ensuring applicant, in the form of an affidavit or, expire by their terms within ten years; close identification of their interests for lawyers, a certificate of service. (b) the exercise price of the options is with the interests of applicant’s Hearing requests should state the nature not less than the current market value shareholders. of the writer’s interest, the reason for the

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Applicant, Ibbotson Associates, under the Investment Company Act of states that Congress acknowledged that Inc., 225 North Michigan Avenue, Suite 1940 (‘‘Investment Company Act’’). ‘‘the definition of ‘assets under 700, Chicago, Illinois 60601–7676. Section 203A(a)(2) defines the phrase management’ * * * may, in some cases, ‘‘assets under management’’ as the exclude firms with a national or FOR FURTHER INFORMATION CONTACT: ‘‘securities portfolios with respect to multistate practice from being able to Karen L. Goldstein, Attorney, at (202) which an investment adviser provides register with the SEC.’’ 5 Applicant 942–0646 or Jennifer L. Sawin, Special continuous and regular supervisory or further states that Congress intended the Counsel, at (202) 942–0716 (Division of management services.’’ 2 SEC to use its exemptive authority Investment Management, Task Force on 2. Applicant states that it does not under section 203A(c) to remedy any Investment Adviser Regulation). qualify for registration as an investment unfairness, burdens or inconsistencies SUPPLEMENTARY INFORMATION: The adviser with the SEC. Applicant states caused by the assets under management following is a summary of the that it does not have $25 million or requirement by permitting, ‘‘where application. The complete application more in assets under management, does appropriate, the registration of such may be obtained for a fee at the SEC’s not serve as an investment adviser to an firms with the [SEC].’’ 6 Public Reference Branch. investment company registered under 6. Applicant argues that it engages in Applicant’s Representations the Investment Company Act, and does a large, national investment advisory not qualify for an exemption from the business of the type Congress 1. Applicant is an Illinois corporation prohibition on SEC registration as with its principal place of business in contemplated when it provided the SEC provided in rule 203A–2 under the exemptive authority under section Chicago, Illinois. Until July 8, 1997, Advisers Act. Applicant was registered as an 203A(c). Applicant asserts that by 3. Applicant notes that section providing services to institutional investment adviser with the SEC. 203A(c) of the Advisers Act authorizes Applicant is currently registered as an clients across the country, its activities, the SEC to permit an investment adviser like those of pension consultants investment adviser in California, Illinois to register with the SEC if prohibiting and New York. exempted by SEC rule from the registration would be ‘‘unfair, a burden prohibition on SEC registration,7 have a 2. Applicant provides services on interstate commerce, or otherwise predominantly to institutional clients direct effect on billions of dollars of inconsistent with the purposes of assets under management at the nation’s such as pension plans, pension 3 [section 203A].’’ investment companies, investment consultants, investment advisers, 4. Applicant argues that prohibiting it advisers, broker-dealers, insurance broker-dealers, insurance companies from registering as an investment companies, banks, and other and banks. None of Applicant’s current adviser with the SEC would be institutional investors. clients are natural persons. inconsistent with the purposes of 3. Applicant provides a wide range of section 203A. Applicant submits that 7. Applicant submits further that it is services to its clients; these services Congress intended section 203A to inconsistent with the purposes of include portfolio strategy design, asset divide responsibility for regulating section 203A for a state to regulate allocation, assessment of investor risk investment advisers between the SEC investment advisers whose activities tolerance and financial engineering, and the states; the states should be involve little or no traditional state corporate finance, client specific responsible for regulating advisers interest. Applicant notes that, in section research and educational programs. ‘‘whose activities are likely to be 203A, Congress preserved the states’ Applicant also assists institutional concentrated in their home state,’’ and ability to regulate certain investment clients by designing model asset ‘‘larger advisers, with national adviser representatives of advisers allocation portfolios or by designing a businesses’’ should be regulated by the registered with the SEC. Applicant questionnaire for institutions to use in Commission and ‘‘be subject to national further notes that under the SEC’s determining model portfolio allocations rules.’’ 4 Applicant asserts that Congress definition of investment adviser 8 for their individual investor clients. chose the ‘‘assets under management’’ representative, only personnel who Applicant’s institutional clients, requirement as a rough guide for this work principally with individual, rather however, are responsible for their division, on the theory that investment than institutional, clients are subject to individual investor clients. advisers with $25 million or more of state regulation. Applicant argues that this definition recognizes that, Applicant’s Legal Analysis assets under management are likely to be national investment advisers that consistent with Congress’ intent in the 1. On October 11, 1996, the National should be regulated by the SEC, while Coordination Act, the states’ primary Securities Markets Improvement Act of investment advisers managing less than interest is in oversight of representatives 1996 was enacted. Title III of the Act, $25 million in assets are likely to be who have an individual, not an the Investment Advisers Supervision smaller advisers that should be subject institutional, clientele. Applicant Coordination Act (‘‘Coordination Act’’), to the local rules of the states. submits that in fashioning this added new section 203A to the Advisers definition, the SEC noted its belief that 1 5. Applicant submits that Congress Act. Under section 203A(a)(1), an recognized that the ‘‘assets under distinguishing between retail and other investment adviser that is regulated or management’’ requirement does not clients was consistent with the intent of required to be regulated as an investment adviser in the state in which 2 15 U.S.C. 80b–3a(a)(2). 5 Id. it maintains its principal office and 3 15 U.S.C. 80b–3a(c). 6 Id. at 5. 4 S. Rep. No. 293, 104th Cong. 2d Sess. (1996) at 7 See 17 CFR 275.203A–2(b). 1 15 U.S.C. 80b–3a(a)(1). 4. 8 See 17 CFR 275.203A–3(a)(1).

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Congress as reflected in the SECURITIES AND EXCHANGE pursuant to new Rule 19b–4(e) 5 under Coordination Act. COMMISSION the Act. 8. Applicant argues that it is the type II. Self-Regulatory Organization’s of investment adviser that Congress (Release No. 34±42342; File No. SR±Amex± Statement of the Propose of, and intended the Commission to consider 99±21) Statutory Basis for, the Proposed Rule exempting under section 203A(c). Change Self-Regulatory Organizations; Notice Applicant states that it provides services of Filing of Proposed Rule Change by In its filing with the Commission, the predominantly to institutions and that it the American Stock Exchange LLC self-regulatory organization included believes that its business will remain Amending Section 106 of the Amex statements concerning the purpose of, predominantly institutional. Applicant Company Guide and basis for, the proposed rule change will not market its services to individual and discussed any comments it received investors, and in no case will it have (i) DATE: January 14, 2000. on the proposed rule change. The text more than five clients who are natural of these statements may be examined at Pursuant to Section 19(b)(1) of the persons (other than certain ‘‘excepted the places specified in Item IV below. Securities Exchange Act of 1934 persons,’’ as that term is defined in rule 1 2 The Amex has prepared summaries, set (‘‘Act’’) and Rule 19b–4 thereunder, forth in sections A, B, and C below, of 203A–3, paragraph (a)(3)(i) under the notice is hereby given that on June 10, Advisers Act 9) or (ii) more than ten the most significant aspects of such 1999, the American Stock Exchange LLC statements. percent of its clients who are natural (‘‘Amex’’ or ‘‘Exchange’’) filed with the persons (other than certain excepted Securities and Exchange Commission A. Self-Regulatory Organization’s persons). (‘‘Commission’’) the proposed rule Statement of the Purpose of, and For the SEC, by the Division of Investment change as described in Items I, II, and Statutory Basis for, the Proposed Rule Management, under delegated authority. III below, which Items have been Change Margaret H. McFarland, prepared by the Amex. The Exchange 1. Purpose filed Amendments No. 1 3 and No. 2 4 to Deputy Secretary. the proposed rule change on June 14, The Exchange proposes to amend [FR Doc. 00–1634 Filed 1–21–00; 8:45 am] 1999 and December 1, 1999, Section 106 of the Amex Company BILLING CODE 8010±01±M Guide to provide for the trading of stock respectively. The Commission is 6 publishing this notice to solicit index industry group warrants comments on the proposed rule change, pursuant to new Rule 19b–4(e) under SECURITIES AND EXCHANGE as amended, from interested persons. the Act. Section 106 of the Amex COMMISSION Company Guide currently authorizes I. Self-Regulatory Organization’s the Exchange to trade warrants on a Sunshine Act Meeting Statement of the Terms of Substance of stock index industry group pursuant to the Proposed Rule Change Section 19(b)(3)(A) of the Act provided FEDERAL REGISTER CITATION OF PREVIOUS that the index meets the generic criteria The Exchange proposes to amend set forth in Commentary .02 to Amex ANNOUNCEMENT: [65 FR 2656, January Section 106 of the Amex Company 18, 2000] Rule 901C.7 As discussed in the Guide to provide for the trading of Commission release adopting new Rule STATUS: Closed Meeting. narrow-based stock index warrants 19b–4(e), however, the Exchange would PLACE: 450 Fifth Street, N.W., no longer be required to submit, 1 15 U.S.C. 78s(b)(1). pursuant to new Rule 19b–4(e) under Washington, D.C. 2 17 CFR 240.19b–4. the Act, a proposed rule change to trade 3 DATE PREVIOUSLY ANNOUNCED: January Letter from Scott Van Hatten, Amex, to Richard Strasser, Assistant Director, Division of Market warrants on a new stock index industry 18, 2000. Regulation (‘‘Division’’), Commission, dated June group provided the index meets the 11, 1999 (‘‘Amendment No. 1’’). The Exchange generic criteria set forth in Commentary CHANGE IN THE MEETING: Cancellation of originally filed the proposed rule change under .02 to Amex Rule 901C. Meeting. Section 19(b)(3)(A) of the Act. Pursuant to In its release adopting new Rule 19b– Commission staff’s request, the Exchange refiled the The closed meeting scheduled for proposed rule change under Section 19(b)(2) of the 4(e), the Commission noted that in order Thursday, January 20, 2000 at 11:00 Act. to rely on the amendment and not a.m., has been canceled. 4 Letter from Scott Van Hatten, Amex, to Nancy submit filings pursuant to Section Sanow, Assistant Director, Division, Commission, At times, changes in Commission 19(b)(3)(A) for warrants that satisfy the dated December 1, 1999 (‘‘Amendment No. 2’’). criteria of Rule 901C, a self-regulatory priorities require alterations in the Amendment No. 2 states that the exchange will organization would be required to scheduling of meeting items. For further issue a circular prior to trading any new index warrant pursuant to Rule 19b–4(e) to (i) highlight submit a proposed rule change for information and to ascertain what, if specific risks associated with warrants on new Commission approval to eliminate the any, matters have been added, deleted indexes and remind members that index warrants Section 19(b)(3)(A) rule filing or postponed, please contact: are direct obligations of the issuer, which are not subject to a clearing house guarantee, (ii) clarify that The Office of the Secretary at (202) index warrants may only be sold to accounts 5 See Securities Exchange Act Release No. 40761 942–7070. approved for standardized options trading, and (iii) (Dec. 8, 1998), 63 FR 70952 (Dec. 22, 1998). clarify that the Exchange’s options suitability 6 Amex Rule 900C defines ‘‘Stock Index Industry Dated: January 20, 2000. standards apply to index warrants. Amendment No. Group’’ as a stock index group relating to a stock Jonathan G. Katz, 2 also states that Amex Rules 1100 through 1110, index which reflects representative stock market which govern issuer eligibility, margin values or prices of a particular industry or related Secretary. requirements, discretionary accounts, supervision industries (also referred to as a ‘‘narrow based [FR Doc. 00–1753 Filed 1–20–00 3:47 pm] of accounts, position and exercise limits, reportable index’’). positions, and trading halts and suspensions, will 7 The Commission granted approval to list and BILLING CODE 8010±01±M apply to index warrants. Finally, Amendment No. trade narrow-based index warrants pursuant to 2 states that the Exchange’s enhanced surveillance Section 19(b)(3)(A) in Securities Exchange Act procedures will continue to apply to surveillance of Release No. 37007 (March 21, 1996), 61 FR 14165 9 See 17 CFR 275.203A–3(a)(3)(i) index warrants traded pursuant to Rule 19b–4(e). (March 29, 1996).

VerDate 042000 18:55 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3751 requirement from its existing rules.8 IV. Solicitation of Comments documents submitted to OMB for Accordingly, to enable the Exchange to Interested persons are invited to review may be obtained from the use new Rule 19b–4(e), the Exchange submit written data, views and Agency Clearance Officer. proposes to eliminate the Section arguments concerning the foregoing, ADDRESSES: Address all comments 19(b)(3)(A) rule filing requirement from including whether the proposed rule concerning this notice to: Agency Section 106 of the Amex Company change is consistent with the Act. Clearance Officer,≤ Jacqueline White, 9 Guide. Amex Rule 901C will remain Persons making written submissions Small Business Administration, 409 3rd unchanged. The Exchange represents should file six copies thereof with the Street, S.W., 5th Floor, Washington, that the use of new rule 19b–4(e) will be Secretary, Securities and Exchange D.C. 20416; and OMB Reviewer, Office in accordance with the terms and Commission, 450 Fifth Street, N.W., of Information and Regulatory Affairs, conditions set forth in the order Washington, D.C. 20549–0609. Copies of Office of Management and Budget, New approving the Rule. the submission, all subsequent Executive Office Building, Washington, 2. Statutory Basis amendments, all written statements D.C. 20503. with respect to the proposed rule FOR FURTHER INFORMATION CONTACT: The proposed rule change is change that are filed with the Jacqueline White, Agency Clearance 10 consistent with Section 6(b) of the Act Commission, and all written Officer, (202) 205–7044. in general and furthers the objectives of communications relating to the 11 SUPPLEMENTARY INFORMATION: Section 6(b)(5) in particular in that it proposed rule change between the is designed to prevent fraudulent and Title: Pre-Disaster Mitigation Small Commission and any person, other than Business Loan Application. manipulative acts and practices, to those that may be withheld from the promote just and equitable principles of Form No: 5M. public in accordance with the Frequency: On Occasion. trade, to foster cooperation and provisions of 5 U.S.C. 552, will be Description of Respondents: Persons coordination with persons engaged in available for inspection and copying in applying for pre-disaster mitigation facilitating transactions in securities, the Commission’s Public Reference loans. and to remove impediments to and Room. Copies of the filing will also be Annual Responses: 2,500. perfect the mechanism of a free and available for inspection and copying at Annual Burden: 5,000. open market and a national market the principal office of the Amex. All system. submissions should refer to the File No. Jacqueline White, B. Self-Regulatory Organization’s SR–Amex–99–21 and should be Chief, Administrative Information Branch. Statement on Burden on Competition submitted by February 14, 2000. [FR Doc. 00–1531 Filed 1–21–00; 8:45 am] BILLING CODE 8025±01±U The Exchange does not believe that For the Commission, by the Division of Market Regulation, pursuant to delegated the proposed rule change will impose authority.12 any burden on competition. Jonathan G. Katz, DEPARTMENT OF STATE C. Self-Regulatory Organization’s Secretary. [Public Notice 3206] Statement on Comments on the [FR Doc. 00–1574 Filed 1–21–00; 8:45 am] Proposed Rule Change Received from BILLING CODE 8010±01±M Culturally Significant Objects Imported Members, Participants, or Others for Exhibition Determinations: The Exchange did not solicit or ``Science Under Sail: Russia's Great receive any written comments with SMALL BUSINESS ADMINISTRATION Voyages to America, 1728±1867'' respect to the proposed rule change. Reporting and Recordkeeping DEPARTMENT: United States Department III. Date of Effectiveness of the Requirements Under OMB Review of State. Proposed Rule Change and Timing for ACTION: Notice. Commission Action AGENCY: Small Business Administration. ACTION: Notice of Reporting SUMMARY: Notice is hereby given of the Within 35 days of the date of Requirements Submitted for OMB following determinations: Pursuant to publication of this notice in the Federal Review. the authority vested in me by the Act of Register or within such longer period: October 19, 1965 (79 Stat. 985, 22 U.S.C. (i) As the Commission may designate up SUMMARY: Under the provisions of the 2459), the Foreign Affairs Reform and to 90 days of such date if it finds such Paperwork Reduction Act (44 U.S.C. Restructuring Act of 1998 (112 Stat. longer period to be appropriate and Chapter 35), agencies are required to 2681, et seq.), Delegation of Authority publishes its reasons for so finding, or submit proposed reporting and No. 234 of October 1, 1999, and (ii) As to which the Exchange consents, recordkeeping requirements to OMB for Delegation of Authority No. 236 of the Commission will: review and approval, and to publish a October 19, 1999, as amended, I hereby (A) by order approve such proposed notice in the Federal Register notifying determine that the objects to be rule change, or the public that the agency has made included in the exhibition ‘‘Science (B) institute proceedings to determine such a submission. Under Sail: Russia’s Great Voyages to whether the proposed rule change DATES: Submit comments on or before America, 1728–1867,’’ imported from should be disapproved. February 23, 2000. If you intend to abroad for temporary exhibition without comment but cannot prepare comments profit within the United States, are of 8 See supra n. 5, at n. 89. promptly, please advise the OMB cultural significance. These objects are 9 The Commission approved a similar change to Reviewer and the Agency Clearance imported pursuant to loan agreements Amex Rule 901C to permit the trading of narrow- Officer before the deadline. with foreign lenders. I also determine based index options pursuant to new Rule 19–4(e). COPIES See Securities Exchange Act Release No. 41091 : Request for clearance (OMB 83– that the exhibition or display of the (Feb. 23, 1999), 64 FR 10515 (March 4, 1999). 1), supporting statement, and other exhibit objects at the Anchorage 10 15 U.S.C. 78f(b). Museum of History and Art, Anchorage, 11 15 U.S.C. 78f(b)(5). 12 17 CFR 200.30–3(a)(12). Alaska, from on or about May 4, 2000,

VerDate 042000 21:06 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3752 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices to on or about October 22, 2000; the subject of the AC, and submit comments Committee to be held on February 9, California Academy of Sciences, San in duplicate to the address specified 2000, at the Department of Francisco, California, from early above. All communications received on Transportation, 400 7th Street, SW, February to early May, 2001; and or before the closing date for comments Rooms 6200–6204, Washington, DC perhaps at other U.S. venues yet to be will be considered by the Engine and 20590. The agenda will include: determined, is in the national interest. Propeller Directorate, Aircraft • Use of proxy votes • FOR FURTHER INFORMATION CONTACT: For Certification Service, before issuance of ARAC Chair • further information, including a list of the final AC. Aviation Consumer Action Project (ACAP) motions exhibit objects, contact Lorie J. Background Nierenberg, Attorney-Adviser, Office of Attendance is open to the interested the Legal Adviser, U.S. Department of This AC is on the subject of continued public but will be limited to the space State (telephone: 202/619–6084). The airworthiness of aircraft engines available. address is U.S. Department of State, SA– certificated under Title 14 of the Code The public must make arrangements 44; 301–4th Street, S.W., Room 700, of Federal Regulation (CFR) parts 33 and by February 7, to present oral statements Washington, D.C. 20547–0001. 25. The information and guidance at the meeting. The public may present presented in this AC would provide a written statements to the executive Dated: January 17, 2000. method that can be used to demonstrate committee at any time by providing 25 William B. Bader, compliance with the requirements of copies to the Executive Director, or by Assistant Secretary for Educational and §§ 25.1093, 33.68, 33.77, and 33.89. bringing the copies to the meeting. Cultural Affairs, U.S. Department of State. This advisory circular, published If you are in need of assistance or [FR Doc. 00–1640 Filed 1–21–00; 8:45 am] under the authority granted to the require a reasonable accommodation for BILLING CODE 4710±08±P Administrator by 49 U.S.C. 106(g), this meeting, please contact the person 401113, 44701–44702, 44704, provides listed under the heading FOR FURTHER guidance for these proposed INFORMATION CONTACT. DEPARTMENT OF TRANSPORTATION requirements. Issued in Washington, DC, on January 18, 2000. Federal Aviation Administration Issued in Burlington, Massachusetts, on January 13, 2000. Anthony F. Fazio, Executive Director, Aviation Rulemaking Proposed Advisory Circular; Engine David A. Downey, Advisory Committee. Instructions for Continued Assistant Manager, Engine and Propeller [FR Doc. 00–1649 Filed 1–21–00; 8:45 am] Airworthiness Directorate, Aircraft Certification Service. BILLING CODE 4910±13±M AGENCY: Federal Aviation [FR Doc. 00–1652 Filed 1–21–00; 8:45am] Administration, DOT. BILLING CODE 4910±13±M ACTION: Notice of availability of DEPARTMENT OF TRANSPORTATION proposed advisory circular and request DEPARTMENT OF TRANSPORTATION for comments Federal Aviation Administration

SUMMARY: This notice announces the Federal Aviation Administration Notice of Intent To Rule on Application To Impose and Use the Revenue From availability of Advisory Circular (AC) Executive Committee of the Aviation No. 20.XX, Turbojet, Turboprop & a Passenger Facility Charge (PFC) at Rulemaking Advisory Committee; Gainesville Regional Airport, Turbofan Engine Induction System Meeting Icing. Gainesville, FL AGENCY: Federal Aviation DATES: Comments must be received on AGENCY: Federal Aviation or before February 23, 2000. Administration (FAA), DOT. Administration (FAA), DOT. ACTION: ADDRESSES: Send all comments on the Notice of meeting. ACTION: Notice of intent to rule on proposed AC to the Federal Aviation SUMMARY: The FAA is issuing this notice application. Administration, Attn: Engine and to advise the public of a meeting of the SUMMARY: The FAA proposes to rule and Propeller Standards Staff, ANE–110, Executive Committee of the Federal Engine and Propeller Directorate, invites public comment on the Aviation Administration Rulemaking application to impose and use the Aircraft Certification Service, 12 New Advisory Committee. England Executive Park, Burlington, MA revenue from a PFC at Gainesville DATE: 01803–5299 The meeting will be held on Regional Airport under the provisions of February 9, 2000 at 10 a.m. FOR FURTHER INFORMATION CONTACT: John the Aviation Safety and Capacity Fisher, Engine and Propeller Standards, ADDRESSES: The meeting will be held at Expansion Act of 1990 (Title IX of the Staff, ANE–110, at the above address, the Department of Transportation, 400 Omnibus Budget Reconciliation Act of telephone (781) 238–7149, fax (781) 7th Street, SW, Rooms 6200–6204, 1990) (Public Law 101–508) and Part 238–7199 Washington, DC 20590. 158 of the Federal Aviation Regulations (14 CFR Part 158). SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Regina Jones, Federal Aviation DATES: Comments must be received on Comments Invited Administration, 800 Independence or before February 23, 2000. A copy of the subject AC may be Avenue, SW, Washington, DC 20591, ADDRESSES: Comments on this obtained by contacting the person telephone (202) 267–9822; fax (202) application may be mailed or delivered named above under FOR FURTHER 267–5075; e-mail [email protected]. in triplicate to the FAA at the following INFORMATION CONTACT. Interested SUPPLEMENTARY INFORMATION: Pursuant address: Orlando Airports District persons are invited to comment on the to section 10(a)(2) of the Federal Office, 5950 Hazeltine National Drive, proposed AC, and to submit such Advisory Committee Act (Pub. L. 92– Suite 400, Orlando, Florida 32822. written data, views, or argument as they 463; 5 U.S.C. App. II), notice is hereby In addition, one copy of any desire. Commenters must identify the given of a meeting of the Executive comments submitted to the FAA must

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3753 be mailed or delivered to Mr. Gene Class or classes of air carriers which accounts for less than 1 percent of the Clerkin, Director of Aviation of the public agency has requested not be total annual enplanements at Roberts Gainesville-Alachua County Regional required to collect PFCs: None. Field—Redmond Municipal Airport. Airport Authority at the following Any person may inspect the Brief Description of Projects Approved address: Gainesville Regional Airport, application in person at the FAA office for Collection and Use: Reconstruct 3880 N.E., 39th Avenue, Suite A, listed above under FOR FURTHER taxiway F north and construct exit Gainesville, Florida 32609. INFORMATION CONTACT. taxiway and holding apron. Air carriers and foreign air carriers In addition, any person may, upon Installation of distance-to-go signs on may submit copies of written comments request, inspect the application, notice runway 10/28 and runway end previously provided to Gainesville- and other documents germane to the identifier lights on runway 4. Alachua County Regional Airport application in person at Gainesville Reconstruct taxiway F south and authority under section 158.23 of Part Regional Airport. relocate taxiway H. 158. Issued in Orlando, Florida on January 14, Construct building for storage and FOR FURTHER INFORMATION CONTACT: 2000. maintenance of airport snow and ice Richard Owen, Program Manager, W. Dean Stringer, control equipment and materials. Decision Date: December 8, 1999. Orlando Airports District Office, 5950 Manager, Orlando Airports District Office, Hazeltine National Drive, Suite 400, Southern Region. FOR FURTHER INFORMATION CONTACT: Orlando, Florida 32822, (401) 812–6331 [FR Doc 00–1651 Filed 1–21–00 8:45 am] Mary Vargas, Seattle Airports District Office, (425) 227–2660. extension 19. The application may be BILLING CODE 4910±13±M reviewed in person at this same Public Agency: Scotts Bluff County, location. Gering, Nebraska. DEPARTMENT OF TRANSPORTATION Application Number: 99–01–I–00– SUPPLEMENTARY INFORMATION: The FAA BFF. proposes to rule and invites public Federal Aviation Administration Application Type: Impose a PFC. comment on the application to impose PFC Level: $3.00. and use the revenue from a PFC at Notice of Passenger Facility Charge Total PFC Revenue Approved in This Gainesville Regional airport under the (PFC) Approvals and Disapprovals Decision: $108,000. provisions of the aviation Safety and Earliest Charge Effective Date: March Capacity Expansion Act of 1990 (Title AGENCY: Federal Aviation 1, 2000. IX of the Omnibus Budget Administration (FAA), DOT. Estimated Charge Expiration Date: Reconciliation Act of 1990) (Public Law ACTION: Monthly Notice of PFC March 1, 2003. 101–508) and Part 158 of the Federal Approvals and Disapprovals. In Class of Air Carriers Not Required To Aviation Regulations (14 CFR Part 158). December 1999, there were five Collect PFC’s: None. On January 12, 2000, the FAA applications approved. Additionally, 14 Brief Description of Project Approved determined that the application to approved amendments to previously for Collection Only: Renovate terminal impose and use the revenue from a PFC approved applications are listed. building. submitted by Gainesville-Alachua Decision Date: December 13, 1999. County Regional airport Authority was SUMMARY: The FAA publishes a monthly For Further Information Contact: substantially complete within the notice, as appropriate, of PFC approvals Lorna Sandridge, Central Region requirements of section 158.25 of part and disapprovals under the provisions Airports Division, (816) 329–2641. 158. The FAA will approve or of the Aviation Safety and Capacity Public Agency: City of Klamath Falls, disapprove the application, in whole or Expansion Act of 1990 (Title IX of the Oregon. in part, no later than April 12, 2000. Omnibus Budget Reconciliation Act of Application Number: 99–01–C–LMT. The following is a brief overview of 1990) (Pub. L. 101–508) and Part 158 of Application Type: Impose and use a the application. the Federal Aviation Regulations (14 PFC. PFC Application No.: 00–01–C–00– CFR Part 158). This notice is published PFC Level: $3.00. GNV. pursuant to paragraph d of § 158.29. Total PFC Revenue Approved in This Level of the proposed PFC: $3.00. PFC Applications Appoved Decision: $426,374. Proposed charge effective date: July 1, Earliest Charge Effective Date: March 2000. Public Agency: City of Redmond, 1, 2000. Proposed charge expiration date: Oregon. Estimated Charge Expiration Date: September 1, 2008. Application Number: 99–03–C–00– November 1, 2004. Total estimated PFC revenue: RDM. Class of Air Carriers Not Required To $3,053,325. Application Type: Impose and use of Collect PFC’s: None. Brief description of proposed PFC. project(s): Terminal Hold Room PFC Level: $3.00. Brief Description of Projects Approved Expansion; ALP Update/PFC Total PFC Revenue Approved in This for Collection and Use Administration Fees; Airfield Safety Decision: $1,021,900. Airport master plan study. Project-Runway 24 Protection Zone, Earliest Charge Effective Date: Taxiway extension. Taxiway A Extension, Construct T- December 1, 2000. Revise airport layout plan. Hanger Taxiway, Construct Service Estimated Charge Expiration Date: Taxiway reconstruction. Road, Security Upgrades and Access April 1, 2004. Apron reconstruction. Road Reconstruction; Runway Vacuum Class of Air Carriers Not Required To Install Part 107 security gates. Sweeper; ARFF Equipment; Security Collect PFC’s: Air taxi/commercial Reconstruct T-hangar taxiway. Equipment and Airfield Guidance Signs; operators. Sealcoat runway 7/25. Terminal Expansion and Renovation, Determination: Approved. Based on Taxiway construction. Phases 1a and 1b; Passenger Lift Device, information contained in the public Apron construction. Runway and Taxiway Rehabilitation agency’s application, the FAA has Access road construction. and Land Acquisition. determined that the approved class Construct perimeter fencing.

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Parking lot rehabilitation. agency’s application, the FAA has Application Number: 00–02–C–00– Land acquisition. determined that the approved class SWF. Terminal area improvements. accounts for less than 1 percent of the Application Type: Impose and use a Airfield safety area study. total annual enplanements at Minot PFC. Pavement maintenance study. International Airport. PFC Level: $3.00. Runway 7/25 safety area Brief Description of Projects Approved improvements. for Collection and Use. Total PFC Revenue Approved in This Acquire snow removal equipment. PFC program administration and Decision: $4,558,000. Acquire handicapped lift. application preparation. Earliest Charge Effective Date: January Brief Description of Project Acquisition of passenger loading 1, 2000. Withdrawn. Runway safety area design bridges. Estimated Change Expiration Date: and construction. Acquire aircraft rescue and December 1, 2003. Determination: This project was firefighting (ARFF) vehicle. Class of Air Carriers Not Required To Rehabilitate porous friction course. withdrawn by the public agency in its Collect PFC’S: (1) Unscheduled air taxi Construct blast pads on runway letter to the FAA dated September 24, carriers operating under Part 135; (2) 1999. Therefore, the FAA did not rule 13/31. Rehabilitate taxiway C. unscheduled charter air carriers on this project in this decision. operating under Part 121. Decision Date: December 20, 1999. Install distance remaining signs and For Further Information Contact: modify existing signs. Determination: Approved. Based on Mary Vargas, Seattle Airports District Construct service road. information submitted in the public Office, (425) 227–2660. ARFF, snow removal equipment agency’s application, the FAA has Public Agency: City of Minot, North (SRE) and security radios. determined that each approved class Acquire ARFF vehicle. Dakota. accounts for less than 1 percent of the Reconstruct and mark taxiway F. Application Number: 99–04–C–00– total annual enplanements at Stewart Security access control system International Airport. MOT. installation. Application Type: Impose and use a Install security fencing. Brief Description of Projects Approved PFC. Replace segmented circle and rotating for Collection and Use. PFC Level: $3.00. beacon, and install airport signs. Total PFC Revenue Approved in This Acquire SRE (rotary snow blower). Overlay and groove runway 9/27. Decision: $757,551. Upgrade security access control Pavement management plan and Earliest Charge Effective Date: June 1, system. topographic mapping. 2000. Rehabilitate taxiway A. Glycol collection improvements. Estimated Change Expiration Date: Decision Date: December 21, 1999. North cargo ramp expansion. February 1, 2004. For Further Information Contact: Class of Air Carriers Not Required To Irene Porter, Bismarch Airports District Aircraft ramps rehabilitation. Collect PFC’S: Air taxi/commercial Office, (701) 250–4385. Decision Date: December 30, 1999. operators filing FAA Form 1800–31. Public Agency: New York State For further information contact: Dan Determination: Approved. Based on Department of Transportation, New Vornea, New York Airports District information contained in the public Windsor, New York. Office, (516) 227–3812. Amendments to PFC Approvals

Original ap- Amended ap- Original esti- Amended esti- Amendment No. City, State Amendment proved net PFC proved net PFC mated charge mated charge approved date revenue revenue exp. date exp. date

97±01±C±01±ABI, Abilene, TX ...... 05/05/99 1,210,647 2,008,611 09/01/05 01/01/15 97±01±C±02±MOB, Mobile, AL ...... 10/25/99 1,300,000 1,791,374 06/01/99 06/01/99 98±01±C±01±JNU, Juneau, AK ...... 12/01/99 1,089,272 1,172,772 04/01/00 06/01/00 92±01±I±05±SRQ, Sarasota, FL ...... 12/01/99 21,737,893 21,287,893 03/01/01 01/01/01 92±03±C±02±SRQ, Sarasota, FL ...... 12/01/99 650,000 1,100,000 07/01/01 07/01/01 96±04±C±01±PLN, Pellston, MI ...... 12/01/99 27,600 16,265 09/01/02 07/01/02 95±02±C±04±STL, St. Louis, MO ...... 12/01/99 108,214,867 108,214,867 07/01/98 07/01/98 98±05±C±01±MCO, Orlando, FL ...... 12/09/99 231,705,000 111,484,000 05/01/05 01/01/01 93±02±C±01±SEA, Seattle, WA ...... 12/09/99 47,500,500 48,790,226 01/01/96 01/01/96 94±02±C±02±GEG, Spokane, WA ...... 12/09/99 4,992,228 4,913,994 05/01/00 05/01/00 92±01±C±03±HPN, White Plains, NY ...... 12/20/99 22,383,000 19,383,000 02/01/15 10/01/03 92±01±C±04±DTW, Detroit, MI ...... 12/21/99 1,820,657,000 1,604,483,000 10/01/31 10/01/29 92±03±C±02±DTW, Detroit, MI ...... 12/21/99 60,000,000 54,967,000 10/01/31 10/01/29 98±05±C±02±MCO, Orlando, FL ...... 12/29/99 111,484,000 111,734,000 01/01/01 01/01/01

Issued in Washington, DC, on January 14, DEPARTMENT OF TRANSPORTATION ACTION: Notice of Intent. 2000. Eric Gabler, Federal Highway Administration SUMMARY: The Federal Highway Manager, Passenger Facility Charge Branch. Administration is issuing this notice of Environmental Impact Statement: [FR Doc. 00–1650 Filed 1–21–00; 8:45 am] intent to advise the public that an Valley County, Idaho BILLING CODE 4910±13±M environmental impact statement will be prepared for a proposed highway project AGENCY: Federal Highway in Valley County, Idaho. Administration (FHWA), DOT.

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FOR FURTHER INFORMATION CONTACT: Issued on: January 13, 2000. them fully in the information collection Loren D. Thomas, District Engineer, Pamela S. Cooksey, submission which it is presently District 3, Idaho Transportation Assistant Division Administrator, Federal forwarding to OMB. A summary of the Department (ITD), 8150 Chinden Blvd., Highway Administration, Boise, Idaho. comments and FRA responses are given Boise, Idaho 83707, Telephone (208) [FR Doc. 00–1616 Filed 1–21–00; 8:45 am] below. Accordingly, DOT announces 334–8300, BILLING CODE 4910±22±M that these information collection or activities have been re-evaluated and certified under 5 CFR 1320.5(a) and Jack T. Coe, Division Administrator, DEPARTMENT OF TRANSPORTATION forwarded to OMB for review and Federal Highway Administration, 3050 approval pursuant to 5 CFR 1320.12(c). Lake Harbor Lane, Suite 126, Boise, Federal Railroad Administration Interested members of the public may Idaho, 83703, Telephone: 208–334– obtain a free copy of this information 1843. Proposed Agency Information collection submission by contacting Mr. Collection Activities Robert Brogan or Ms. Dian Deal at the SUPPLEMENTARY INFORMATION: The telephone numbers listed above. FHWA in cooperation with the ITD will AGENCY: Federal Railroad Administration, DOT. Before OMB decides whether to prepare an environmental impact approve these proposed collections of statement (EIS) on a proposal to ACTION: Notice, and request for comments. information, it must provide 30 days for improve State Highway 55 (SH–55) in public comment. 44 U.S.C. 3607(b); 5 Valley County, Idaho. The proposed SUMMARY: In compliance with the CFR 1320.12(d). Federal law requires improvements would involve seven Paperwork Reduction Act of 1995 (44 OMB to approve or disapprove miles of existing SH–55 from U.S.C 3501 et seq.), this notice paperwork packages between 30 and 60 approximately 4 miles south of Smith’s announces that the Information days after the 30 day notice is Ferry (Milepost 95) to Round Valley Collection Requirement (ICR) abstracted published. 44 U.S.C. 3507 (b)–(c); 5 CFR (Milepost 102). below has been forwarded to the Office 1320.12(d); see also 60 FR 44978, 44983, The improvements on State Highway of Management and Budget (OMB) for Aug. 29, 1995. 55 are considered necessary to improve review and comment. The ICR describes The summaries below describe the safety, increase capacity, accommodate the nature of the information collection nature of the ICRs and the expected economic development, and correct and its expected burden. The Federal burden. The revised requirements are operational deficiencies in the roadway. Register Notice with a 60-day comment being submitted for clearance by OMB Alternatives under consideration period soliciting comments on the as required by the PRA. include: (1) taking no action; (2) following collection of information was Title: U.S. DOT Crossing Inventory improving the existing two-lane published on May 13, 1999 (64 FR Form. OMB Control Number: 2130–0017. highway along the North Fork of the 25952) Type of Request: Revision of a Payette River; (3) constructing a two or DATES: Comments must be submitted on currently approved collection. four lane rural highway on new or before February 23, 2000. Affected Public: 675 railroads and 50 alignment. Incorporated into and FOR FURTHER INFORMATION CONTACT: Mr. States. studied with the various build Robert Brogan, Office of Safety Analysis, Form(s): FRA F 6180.71. alternatives will be design variations of Planning and Evaluation Division, RRS– Abstract: Form FRA 6180.71 is a grade and alignment. 21, Federal Railroad Administration voluntary form and is being revised to Letters describing the proposed action (FRA), 1120 Vermont Ave., NW, Mail include additional data elements at the and soliciting comments will be sent to Stop 17, Washington, DC 20590 request of states and railroads. The form the appropriate Federal, State, and local (telephone: (202) 493–6292) or Dian is also being revised to fulfill National agencies and citizens who have Deal, Office of Information Technology Transportation Safety Board (NTSB) previously expressed interest in this and Productivity Improvement, RAD– recommendations and to take advantage proposed project. Scoping will begin 20, FRA, 1120 Vermont Ave., NW, Mail of recent advances in information with the publication of the Notice of Stop 35, Washington, DC 20590 technology. The form is used by states Intent. As part of the scoping process, a (telephone: (202) 493–6133). (These and railroads to periodically update series of public information meetings telephone numbers are not toll-free.) certain cite specific highway-rail will be held in Valley County beginning SUPPLEMENTARY INFORMATION: The crossing information which is then in February 2000. In addition, a public Paperwork Reduction Act of 1995 transmitted to FRA for input into the hearing will be held. Public notice will (PRA), Pub. L. No. 104–13, section 2, National Inventory File. This be given of the time and place of any 109 Stat. 163 (1995) (codified as revised information has been collected on the public information meetings and the at 44 U.S.C. 3501–3520), and its U.S. DOT (formerly U.S. DOT–AAR) public hearing. The draft EIS will be implementing regulations, 5 CFR part Crossing Inventory Form since 1974 and made available for public and agency 1320, require Federal agencies to issue maintained in the National Inventory review and comment. two notices seeking public comment on File database since 1975. The primary To ensure that the full range of issues information collection activities before purpose of the National Inventory is to related to this proposed action are OMB may approve paperwork packages. provide for the existence of a uniform addressed and all significant issues are 44 U.S.C. 3506; 3507; 5 CFR 1320.5, database which can be merged with identified, comments and suggestions 1320.8(d)(1), 1320.12. On May 13, 1999, accident data and used to analyze are invited from all interested parties. FRA published a 60-day notice in the information for planning and Federal Register soliciting comment on implementation of crossing safety Comments or questions concerning ICRs that the agency was seeking OMB improvement programs by public, this proposed action and the EIS should approval. 64 FR 25952. FRA received private, and governmental agencies be directed to the ITD or FHWA at the several comments after issuing this responsible for highway-rail crossing addresses provided above. notice. FRA has carefully evaluated safety. Following the official Authority: 23 U.S.C. 315; 23 CFR 771.123. these comments and has responded to establishment of the National Inventory

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 3756 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices in 1975, FRA assumed the principal crossing which is defined as ‘‘the tracks have the added designation of one-side responsibility as custodian for the between a pair of the same type of only. In response, FRA does not believe maintenance and continued warning devices.’’ See sections 1.5 and a glossary of terms is needed. FRA development of the U.S. DOT/AAR 2.3 of the 1996 Highway-Rail Crossing recognizes that some states have specific National Highway-Rail Crossing Inventory Instructions and Procedures and/or different procedures which they Inventory Program. The major goal of Manual. While this may seem follow. However, for the National the Program is to provide federal, state, inconsistent at times in multiple track Inventory, the original Committee of and local governments, as well as the territory, it is required to properly States and Railroads established railroad industry, information for the define the warning devices and the definitions that reflected the majority of improvement of safety at highway-rail character of the crossing. MDOT also users. Regarding Item 5, the instructions crossings. Good management practices requested that FRA make the Crossing will indicate that if one side of the necessitate maintaining the database Inventory Form available on its Website roadway is paved and the other is with current information. The data will along with the ability to fill-in the form unpaved, it should be indicated as continue to be useful only if maintained and transmit it to FRA. Upon approval unpaved. MDOT observed that the states and updated as inventory changes by OMB, FRA will make available a do not have the time/resources nor do occur. FRA previously cleared the blank form on its Website. The ability to the railroads to go out and specifically reporting and recordkeeping burden for fill-in the form and transmit it to FRA collect a special piece of data just this form under Office of Management will not be available because the edit because FRA has it on this form. In and Budget (OMB) clearance number checks to insure data accuracy and reply, FRA notes that the required 2130–0017. OMB approved the burden quality would not be in place. The ‘‘GX information and data elements were in the original form through March 31, 32’’ software is provided for this defined by the states and railroads in 2000. Based on the most recent purpose. MDOT further requested that 1973. In order to insure accuracy, information available, FRA estimates the railroad codes be made available on consistency, and quality, FRA can not approximately 65,000 updates per year. the FRA Website and also that the States be flexible on allowing blank data fields. This is a substantial reduction in and railroad be given the ability to Lastly, MDOT had comments on system updates from the previous estimate of download updated data from the security and the integrity of data. FRA’s responses and represents a Internet. FRA’s response is that the response is to note that it accepts corresponding reduction of 1,538 hours railroad codes are already on the FRA Inventory update information only from in the reporting and recordkeeping Website under ‘‘View or Download FRA one designated contact person in each burden. The reduction in responses is Auxiliary Tables.’’ With regard to the state and on each railroad. In order to due to a lower response rate from states second matter, the capability to insure the integrity and accuracy of the and railroads over the past few years download the current data in the File is data, FRA requires all data elements be and the expected continuation of this already available on the FRA Website completed for new crossings before the trend. FRA is requesting a three-year under ‘‘Download Database Files.’’ record is inputted into the National File. approval from OMB for this information Arrangements can also be made with The PCAPS (Personal Computer collection. FRA’s data processing contractor to Accident Prediction System) program Summary of Comments: FRA received obtain and download updated files for produces lists of the riskiest crossings a total of five written sets of comments the ‘‘GX 32’’ software. MDOT for a specifically defined entity (state, in response to its earlier notice. Most of commented that a mechanism is needed county, city, railroad, or any the comments pertained to the data to submit data that still has missing combination thereof). If the data is not elements and layout of the form. fields of information, and that some data accurate, it is the responsibility of the Michigan Department of Transportation is better than no data. FRA’s response is state and/or railroad to provide updated (MDOT) submitted a number of that, if the agency allowed partial data information. It should be noted that the comments. It stated that the reasonable submittal, there would be gaps in PCAPS program is only updated, time for filling out the DOT Crossing information, data accuracy and quality produced, and distributed once per Inventory Form should be longer. would suffer, and the probability would year. MDOT noted that it has one person to be high that missing data would not be A second set of comments was perform many data conversions to submitted to complete the update or the submitted by the Association of provide data to FRA in the format the addition to the new crossing. What is American Railroads (AAR). AAR agency needs. After careful review, FRA suggested can already be performed. recommended that the Crossing believes its estimate of the amount of The Crossing Inventory Form can be Inventory Form clearly identify the data time required to gather the necessary submitted with temporary or estimated elements which should be completed by information and complete the form is information (for example, an estimate of the railroad industry and those elements accurate. Thus, FRA is not changing the highway traffic volume) and then it can which should be completed by the burden time for this form. FRA’s be corrected or updated later. MDOT highway authority. FRA agrees, and has estimate is based on the types of wanted to know exactly how latitude done this on the form (where possible), updates currently being provided and and longitude are determined and from and in the instructions and additional on the average-time estimate provided what point in the crossings. In response, materials which accompany the form by one state which recently completed the new Instructions will define that instructions. AAR had several a massive state-wide update of all their actual recording of latitude and comments about the form itself. It crossings. MDOT requested a clearer longitude be taken at the center of the requested that AAR’s name be removed description of what constitutes a crossing, that is, the midpoint of a from the title of the form. FRA agrees. crossing, especially in multiple crossing diagonal line across the crossing After consultation with the major Class situations and the appropriate way to between the primary warning devices I railroads which indicated their assign U.S. DOT–AAR numbers to the facing the approach lanes of traffic. agreement, FRA has changed the title to crossings. FRA believes the term is clear MDOT thought that a glossary of terms ‘‘DOT Crossing Inventory Form.’’ AAR and notes in its response that a crossing should be provided and that Item 5 of suggested that time could be saved by inventory number shall be assigned to a Part III: ‘‘Is highway paved?’’ should eliminating the second box in data items

VerDate 042000 14:38 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm03 PsN: 24JAN1 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3757 which require a yes or no answer. FRA ‘‘whether typical number of daily train Classification of All Crossings’’ be agrees in principle. However, it was movements are actual or estimated’’ be moved to Part III (which should contain determined that, in order to be deleted. FRA agrees and has deleted this items provided by the highway consistent with a choice for a response, data element. AAR remarked that Part II authority). In response, FRA has revised a ‘‘yes’’ and ‘‘no’’ box be provided for Item 2B ‘‘Typical Speed Range Over the form and also the instructions to all elements for questions where such a Crossing’’ should identify maximum more clearly identify which data response was appropriate. This also table speed (mph). FRA disagrees and elements are to be completed by the assures that the respondent addresses feels that this information is necessary railroad and which elements are to be the questions. Thus, two boxes remain to identify if there are slow movements completed by the highway authority. for these questions. AAR observed that over the crossing. This information also BNSF suggested removing Part I Item Part I of the form (May draft) contained helps planners to determine if Constant 25B ‘‘Public Access’’ since he believed several categories which should be Warning Time (CWT) for the warning the answer to this item is always ‘‘no.’’ included and identified under Part IV devices is needed. AAR stated that the FRA disagrees and has retained this ‘‘Highway Department Information.’’ In instructions for Part I Item 11 ‘‘Train item in the form. This field was particular, he thought, data items 3, 13, Detection’’ should only be provided for specifically requested by a Class I 14, 15, 16, 18, 19, and 24 should be crossings with active warning devices. railroad and is designed to cover those placed under Part IV. In response, FRA FRA agrees and has made the default situations where the general public has clearly identified which data ‘‘None’’ in the instructions. AAR noted would use the crossing and not be aware elements are to be completed by the that Part II Item 14 ‘‘Whistle Bans’’ does that it was a private crossing. BNSF railroad and which elements are to be not make sense since FRA’s anticipated remarked that it did not wish to provide completed by the highway authority in proposed rule implementing the Swift the information requested regarding the the Instructions and on the Form (again Rail Act of 1994 would prohibit whistle ‘‘Railroad Contact’’ in Item 35 of Part I. where possible). Part I ‘‘Location and bans. FRA agrees and has changed the Again, this data element does not Classification’’ of the revised form title of Item 14 from ‘‘Whistle Ban’’ to request names of individuals but only provides the critical information that is ‘‘Quiet Zone’’ (now Part I Item 16). AAR telephone numbers and is retained in required for all crossings, whether observed that Item 16 of Part II should the form. BNSF remarked that Part II public, private, or pedestrian, at-grade be in Part IV ‘‘Highway Department ‘‘Detailed Railroad Information’’ should or grade separated. Parts II, III, and IV Information.’’ FRA agrees with this contain only data items that apply to are only required to be completed if the categorization. FRA has moved this item railroads. FRA agrees and has taken crossing is public, although information to Part III ‘‘Traffic Control Information’’ steps in the revised form to separate Part in these parts will now be accepted and (Item 5) and has also re-named it II into two parts by creating a fifth part inputted into the File if it is supplied for ‘‘Channelization Devices with Gates’’ for for the warning device information. private crossings. AAR suggested that clarity. AAR suggested that Items 5 and BNSF further remarked that Item 1 instructions for Item 3 should be 10 of Part III (‘‘Physical Data’’) should ‘‘Typical Number of Daily Train changed for crossings located on county be more appropriately categorized as Movements’’ of Part II should be lines to reflect the county responsible roadway instead of highway. FRA does dropped since it has never been able to for maintenance at that crossing, and not agree. While it is true that several determine the train movements by day that High Speed Rail (HSR) codes be states use ‘‘highway’’ as a term to or night. FRA disagrees and believes included in the instructions for Item 12. identify specific classifications of that this information is useful, FRA agrees, and has added words to the roadways, FRA desires that terminology particularly in the DOT Accident instructions that the State/County that is on the form should be consistent such Prediction Formulas. However, changes responsible for maintenance at the as the usage of ‘‘highway-rail crossings.’’ have been effected in the revised form crossing shall determine the location of This term is used to refer to all crossings to simplify the information to be the crossing, or an agreement/decision whether they are on an actual highway, provided. BNSF advocated that Part II must be made between the jurisdictions road, or street. AAR commented that the Item 2B ‘‘Typical Speed Range Over as to the location of the crossing. The draft instructions should identify the Crossing’’ be eliminated since instructions will also reflect that HSR appropriate authority. FRA agrees and determining what is typical for each codes will be supplied by FRA as the final instructions will have a table crossing is not possible and can change specific corridors are identified and that identifying the primary authority over time. FRA disagrees and has this field will normally be maintained responsible for providing each data retained this data element. In thru by FRA’s data processing contractor. element and, if appropriate, the territory, the normal typical speed over AAR commented that Items 35, 36, and secondary authority as well. Lastly, the crossing would be constant, most 37 of Part I, which FRA will have posted AAR suggested the current method of probably the timetable speed. BNSF on its Website under Inventory History forwarding changes to FRA increases recommended that Part II Item 6E which identify contacts, do not add any administration duties for submitting ‘‘Hump Crossing Sign W 10–5’’ be significant value to the inventory data. parties and for FRA. In response, FRA moved to Part III since this is FRA disagrees and notes that only notes that a facilitation process is information that the highway is telephone numbers and not names are already available which allows a responsible for providing. FRA agrees. required by these data elements. railroad or States to use the ‘‘GX 32’’ FRA has created a new Part for Items 6 However, consideration will be given to program software to submit changes and through 16 titled ‘‘Traffic Control not displaying this information on the updates. Device Information’’ and has specified FRA Website. AAR suggested that Items A third set of comments was in the instructions that Item 6E is the 1A through 1D of Part II ‘‘Detailed submitted by the Burlington Northern- responsibility of the highway authority. Railroad Information’’ need not be Santa Fe Railway Company (BNSF). BNSF suggested that the part for ‘‘Other included on the form. FRA has revised BNSF had a number of comments Colored’’ in Part II Item 7A ‘‘Gates’’ be and simplified these data elements in regarding the data elements of the form. removed. FRA has changed this data light of this observation. AAR requested He suggested that data items 12, 13, 16, element (now Part III Item 3A) so that that Item 1E of Part II which inquires 18, 19, and 24 of Part I ‘‘Location and it will just count the number of gates

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VDOT Items 21, 22, 23, 24, and 25 together and Item 11 provides a category ‘‘None’’ suggested that the instructions to Item 3 inserting the subtitle ‘‘State Supplied which would be checked or indicated if of Part II be improved to clarify what are Information’’ for this group. Another the crossing was not an active crossing. the acceptable types of ‘‘other’’ tracks regarded changing the title of Part II The default category would be ‘‘None’’ and how they are defined. In response, from ‘‘Detailed Railroad Information’’ to if no other box is checked. BNSF also the Instruction Manual supplied by FRA ‘‘Detailed Information.’’ FRA has advocated that Part II Item 14 ‘‘Whistle will provide examples of what to implemented these last two suggestions Ban’’ be removed from the inventory. As specify. mentioned earlier, the revised form A fifth set of comments was submitted in the revised form. Also recommended changes the title of Item14 from by unidentified individuals. One of by commenters was to change the title ‘‘Whistle Ban’’ to ‘‘Quiet Zone’’ (now these commenters requested an item for of Part I ‘‘Location and Classification of Part I Item 16). BNSF commented that the ‘‘number of signal heads’’ be All Crossings’’ to ‘‘Location and Part II Item 16 ‘‘Median Barriers with included in the form. FRA concurs that Classification Information,’’ and to Gates’’ should be moved to Part III and this is useful information and has added move ‘‘Whistle Ban’’ (Part II Item 14) to be a part of the highway authority a data element for the ‘‘number of Part I and change the Item name to supplied data. Again, FRA notes that the flashing light pairs’’ (now Part III item ‘‘Quiet Zone.’’ FRA agrees with both highway authority will have the primary 3E). Another commenter suggested a suggestions and has revised the form responsibility for supplying this data so change to both the Instructions and to accordingly. FRA has also moved Part it is retaining this data element. Like Part II Item 6.C ‘‘Other Stop Signs.’’ This III Item 6 ‘‘Pavement Marking’’ and Item some other data elements, it is not commenter stated that there should not 7 ‘‘Are Advanced Warning Signs difficult for railroads to observe that be any other stop signs other than the Present?’’ to the section ‘‘Traffic Control median barriers are present. Railroads Standard Highway Stop Sign. FRA Device Information’’ in response to would have secondary responsibility for agrees. It has deleted Item 6C and has comments. submittal of this information. BNSF specified in the instructions that non- Annual Estimated Burden: 3,104 observed that most of the items in Part standard stop signs should be reported hours III ‘‘Physical Data’’ are data items as ‘‘Other Signs,’’ now Part III Item 2F. known by the road authority and should One commenter suggested that Part I Addressee: Send comments regarding be supplied by the road authority. In Item 7 ‘‘Mile Post’’ should be one word. this ICR to the Office of Information and response, FRA has revised the form and FRA agrees and has made the necessary Regulatory Affairs, Office of instructions to clearly identify which change. Another commenter suggested Management and Budget, 725 Seventh data elements should be completed by that Part II Item 7A. ‘‘Gates’’ combine Street, NW, Washington, DC 20503; the railroad and which data elements ‘‘red and white reflectorized ‘‘and Attention: FRA Desk Officer. should be completed by the highway ‘‘other colored’’ into one category. FRA Comments are invited on: Whether authority, and which can be completed concurs and Item 3A of Part III will just the proposed information collection is by either. Lastly, regarding the typical be a count of the number of gates necessary for the proper performance of number of daily train movements (Part present a the crossing without II Item 1E), BNSF commented that it distinction to the type or color. There the functions of the Department, was not sure how indicating whether was also a suggestion that Part II Item including whether the information will the typical number of daily train 6A ‘‘Crossbucks’’ combine have practical utility; the accuracy of movements is an ‘‘actual’’ or ‘‘reflectorized’’ and ‘‘non-reflectorized’’ the Department’s estimate of the burden ‘‘estimated’’ count will provide into one category. FRA agrees and Part of the proposed information collection; meaningful information to anyone. FRA III Item 2A will just be a count of the ways to enhance the quality, utility, and agrees and Item 1E has been eliminated. number of Crossbucks present at the clarity of the information to be A fourth set of comments was crossing without distinction to the type. collected; and ways to minimize the submitted by the Virginia Department of Another commenter requested that burden of the collection of information Transportation (VDOT). VDOT noted FRA create an additional Part on the on respondents, including the use of that there is no place on the Crossing form (there would be 5 Parts) and automated collection techniques or Inventory Form for independent cities. change Part II ‘‘Detailed Railroad other forms of information technology. It wanted to know if there is an edit list Information’’ to ‘‘Highway Warning A comment is best assured of having of acceptable Counties/Cities in the FRA Device Information.’’ FRA agrees and its full effect if OMB receives it within database. In response, FRA has provided has created a fifth Part (which becomes 30 days of publication of this notice in an explanation in the Instruction Part III ‘‘Traffic Control Device the Federal Register. Manual to ensure that Federal Information’’). One commenter Information Processing Standards (FIPS) recommended moving Part II Item 10 ‘‘Is Authority: 44 U.S.C. 3501–3520. Codes are used in the Inventory File. Commercial Power Available?’’ to Part Issued in Washington, D.C. FRA is evaluating placing the FIPS III ‘‘Physical Data.’’ FRA concurs and Margaret B. Reid, Codes on its Website. VDOT suggested has moved this item to Part III ‘‘Physical that, regarding the instructions to Part I Data’(new Part IV). Two other form Acting Director, Office of Information Item 7, the RRID No. (Item 8) box be changes were requested by commenters. Technology and Support Systems, Federal used to enter the alpha component. In One was to change Part IV ‘‘Highway Railroad Administration. response, FRA notes that an alpha Department Information’’ (new Part V) [FR Doc. 00–1506 Filed 1–21–00; 8:45 am] character can be entered in the to ‘‘Highway Information.’’ The other BILLING CODE 4910±06±U

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DEPARTMENT OF THE TREASURY Comments: Comments submitted in should be directed to Dorothy Martin, response to this notice will be Manager, Surety Bond Branch, Room Fiscal Service summarized and/or included in the 608A, 3700 East West Highway, request for Office of Management and Hyattsville, MD 20872, (202) 874–6850. Financial Management Service; Budget approval. All comments will SUPPLEMENTARY INFORMATION: Pursuant Proposed Collection of Information; become a matter of public record. States Where Licensed for Surety to the Paperwork Reduction Act of 1995 Comments are invited on: (a) whether (44 U.S.C. 3506(c)(2)(A)), the Financial AGENCY: Financial Management Service, the collection of information is Management Service solicits comments Fiscal Service, Treasury. necessary for the proper performance of on the collection of information the functions of the agency, including described below. ACTION: Notice and request for whether the information shall have comments. practical utility; (b) the accuracy of the Title: Pools and Associations— agency’s estimate of the burden of the Annual Letter. SUMMARY: The Financial Management collection of information; (c) ways to Service, as part of its continuing effort OMB Number: 1510–0008. enhance the quality, utility, and clarity to reduce paperwork and respondent Form Number: None. of the information to be collected; (d) burden, invites the general public and Abstract: The information is collected ways to minimize the burden of the other Federal agencies to take this for the determination of an acceptable collection of information on opportunity to comment on a percentage for each pool and association respondents, including through the use continuing information collection. By to allow Treasury certified companies of automated collection techiques or this notice, the Financial Management credit on their Schedule F for other forms of information technology; Service solicits comments concerning authorized ceded reinsurance in and (e) estimates of capital or start-up the form ‘‘States Where Licensed for determining the companies’ costs and costs of operation, Surety.’’ underwriting limitations. maintenance and purchase of services to DATES: Written comments should be provide information. Current Actions: Extension of currently approved collection. received on or before March 24, 2000. Dated: January 18, 2000. Type of Review: Regular. ADDRESSES: Direct all written comments Judith R. Tillman, Affected Public: Business or other for- to Financial Management Service, 3700 Assistant Commissioner, Financial East West Highway, Programs Branch, Operations. profit. Room 144, Hyattsville, Maryland 20782. [FR Doc. 00–1624 Filed 1–21–00; 8:45 am] Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: BILLING CODE 4810±35±M 100. Requests for additional information or Estimated Time Per Respondent: 1 copies of the form(s) and instructions hour 30 minutes. should be directed to Dorothy Martin, DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Manager, Surety Bond Branch, Room Hours: 150. Fiscal Service 608A, 3700 East West Highway, Comments: Comments submitted in Hyattsville, Maryland, (202) 874–6850. Financial Management Service; response to this notice will be SUPPLEMENTARY INFORMATION: Pursuant Proposed Collection of Information: summarized and/or included in the to the Paperwork Reduction Act of 1995, Pools and AssociationsÐAnnual request for Office of Management and (44 U.S.C. 3506(c)(2)(A)), the Financial Letter Budget approval. All comments will Management Service solicits comments become a matter of public record. on the collection of information AGENCY: Financial Management Service, Comments are invited on: (a) Whether described below. Fiscal Service, Treasury. the collection of information is Title: States Where Licensed for ACTION: Notice and request for necessary for the proper performance of Surety. comments. the functions of the agency, including OMB Number: 1510–0013. whether the information shall have Form Number: FMS 2208. SUMMARY: The Financial Management practical utility; (b) the accuracy of the Abstract: Information is collected Service, as part of its continuing effort agency’s estimate of the burden of the from insurance companies in order to to reduce paperwork and respondent collection of information; (c) ways to provide Federal bond approving officers burden, invites the general public and enhance the quality, utility, and clarity with this information. The listing of other Federal agencies to take this of the information to be collected; (d) states, by company, appears in opportunity to comment on a ways to minimize the burden of the Treasury’s Circular 570, ‘‘Surety continuing information collection. By collection of information on Companies Acceptable on Federal this notice, the Financial Management respondents, including through the use Bonds’’. Service solicits comments concerning of automated collection techniques or the ‘‘Pools and Associations—Annual Current Actions: Extension of other forms of information technology; Letter’’. currently approved collection. and (e) estimates of capital or start-up Type of Review: Regular. DATES: Written comments should be costs and costs of operation, Affected Public: Business or other for- received on or before March 24, 2000. maintenance and purchase of services to profit. ADDRESSES: Direct all written comments provide information. Estimated Number of Respondents: to Financial Management Service, 3700 Dated: January 18, 2000. 318. East West Highway, Programs Branch, Judith R. Tillman, Estimated Time Per Respondent: 1 Room 144, Hyattsville, MD 20782. Assistant Commissioner, Financial hour. FOR FURTHER INFORMATION CONTACT: Operations. Estimated Total Annual Burden Requests for additional information or [FR Doc. 00–1625 Filed 1–21–00; 8:45 am] Hours: 318. copies of the form(s) and instructions BILLING CODE 4810±35±M

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DEPARTMENT OF THE TREASURY approving officers should annotate their http:/www.fms.treas.gov/c570/ reference copies of the Treasury Circular index.html. A hard copy may be Fiscal Service 570, 1999 Revision, on page 35889 to purchased from the Government reflect this addition: Suretec Insurance Printing Office (GPO) Subscription Surety Companies Acceptable on Company. Business address: 10000 Service, Washington, DC, Telephone Federal Bonds: Suretec Insurance Memorial Drive, Suite 330, Houston, TX Company (202) 512–1800. When ordering the 77024. Phone: (713) 812–0800. Circular from GPO, use the following AGENCY: Financial Management Service, Underwriting limitation b/: $307,000. stock number: 048000–00527–6. Fiscal Service, Department of the Surety licenses c/: TX. Incorporated in: Questions concerning this Notice may Treasury. Texas. be directed to the U.S. Department of ACTION: Notice. Certificates of Authority expire on June 30 each year, unless revoked prior the Treasury, Financial Management SUMMARY: This is Supplement No. 11 to to that date. The Certificates are subject Service, Financial Accounting and the Treasury Department Circular 570; to subsequent annual renewal as long as Services Division, Surety Bond Branch, 1999 Revision, published July 1, 1999, the companies remain qualified (31 CFR 3700 East-West Highway, Room 6A04, at 64 FR 35864. Part 223). A list of qualified companies Hyattsville, MD 20782. FOR FURTHER INFORMATION CONTACT: is published annually as of July 1 in Dated: January 12, 2000. Surety Bond Branch at (202) 874–7102. Treasury Department Circular 570, with Wanda J. Rogers, SUPPLEMENTARY INFORMATION: A details as to underwriting limitations, Director, Financial Accounting and Services areas in which licensed to transact Certificate of Authority as an acceptable Division, Financial Management Service. surety on Federal bonds is hereby surety business and other information. [FR Doc. 00–1623 Filed 1–21–00; 8:45 am] issued to the following Company under The Circular may be viewed and 31 U.S.C. 9304 to 9308. Federal bond- downloaded through the Internet at BILLING CODE 4810±35±M

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Part II

Department of Defense General Services Administration National Aeornautics and Space Administration 48 CFR Parts 43 and 52 Federal Acquisition Regulation; Time-and- Materials or Labor-Hours; Proposed Rule

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DEPARTMENT OF DEFENSE under time-and-materials or labor-hour 43.205 Contract clauses. GENERAL SERVICES contracts involves services. * * * * * ADMINISTRATION This rule was not subject to Office of (c) Insert the clause at 52.243–3, NATIONAL AERONAUTICS AND Management and Budget review under Changes—Time-and-Materials or Labor- SPACE ADMINISTRATION Section 6(b) of Executive Order 12866, Hours, in solicitations and contracts Regulatory Planning and Review, dated when a time-and-materials or labor-hour 48 CFR Parts 43 and 52 September 30, 1993. This rule is not a contract is contemplated. The [FAR Case 1999±606] major rule under 5 U.S.C. 804. contracting officer may vary the 30-day period in paragraph (c) of the clause RIN 9000±AI65 B. Regulatory Flexibility Act according to agency procedures. The Councils do not expect this Federal Acquisition Regulation; Time- proposed rule to have a significant * * * * * and-Materials or Labor-Hours economic impact on a substantial PART 52ÐSOLICITATION PROVISIONS number of small entities within the AGENCIES: Department of Defense (DoD), AND CONTRACT CLAUSES General Services Administration (GSA), meaning of the Regulatory Flexibility and National Aeronautics and Space Act, 5 U.S.C. 601, et seq., because 3. Amend section 52.243–3 by— Administration (NASA). contractors are entitled to an equitable a. Revising the introductory text; adjustment to contract terms and ACTION: Proposed rule. conditions if a change order is issued b. Revising the date of the clause; c. Revising paragraph (a) of the clause; SUMMARY: The Civilian Agency under the Changes clause of the Acquisition Council and the Defense contract. Therefore, we have not d. In the introductory text of Acquisition Regulations Council prepared an Initial Regulatory paragraph (b) and in paragraph (b)(4) by (Councils) are proposing to amend the Flexibility Analysis. Comments are removing ‘‘shall’’ and adding ‘‘will’’ in Federal Acquisition Regulation (FAR) to invited from small businesses and other their place; clarify the requirements regarding interested parties. The Councils will e. In the first sentence of paragraph (c) changes to time-and-materials and consider comments from small entities by removing ‘‘must’’ and adding ‘‘shall’’ labor-hour contracts. concerning the affected FAR subparts in in its place; and DATES: Interested parties should submit accordance with 5 U.S.C. 610. Interested f. Revising paragraph (d). The revised comments in writing on or before March parties must submit such comments text reads as follows: 24, 2000 to be considered in the separately and should cite 5 U.S.C. 601, 52.243±3 ChangesÐTime-and-Materials or formulation of a final rule. et seq. (FAR case 1999–606), in correspondence. Labor-Hours. ADDRESSES: Submit written comments to: General Services Administration, C. Paperwork Reduction Act As prescribed in 43.205(c), insert the following clause: FAR Secretariat (MVRS), 1800 F Street, The Paperwork Reduction Act does NW, Room 4035, ATTN: Laurie Duarte, not apply because the proposed changes Changes—Time-and-Materials or Labor- Hours (Date) Washington, DC 20405. to the FAR do not impose information Submit e-mail comments via the collection requirements that require the (a) The Contracting Officer may at any Internet to: approval of the Office of Management time, by written order, and without notice to [email protected]. the sureties, if any, make changes within the and Budget under 44 U.S.C. 3501, et general scope of this contract in any one or Please submit comments only and cite seq. FAR case 1999–606 in all more of the following: correspondence related to this case. List of Subjects in 48 CFR Parts 43 and (1) Description of services to be performed. 52 (2) Time of performance (i.e., hours of the FOR FURTHER INFORMATION CONTACT: The day, days of the week, etc.). FAR Secretariat, Room 4035, GS Government procurement. (3) Place of performance of the services. Building, Washington, DC 20405, at Dated: January 18, 2000. (4) Drawings, designs, or specifications when the supplies to be furnished are to be (202) 501–4755 for information Edward C. Loeb, pertaining to status or publication specially manufactured for the Government Director, Federal Acquisition Policy Division. schedules. For clarification of content, in accordance with the drawings, designs, or Therefore, DoD, GSA, and NASA contact Ms. Linda Klein, Procurement specifications. propose that 48 CFR parts 43 and 52 be (5) Method of shipment or packing of Analyst, at (202) 501–3775. Please cite amended as set forth below: supplies. FAR case 1999–606. 1. The authority citation for 48 CFR (6) Place of delivery. SUPPLEMENTARY INFORMATION: parts 43 and 52 continues to read as (7) Amount of Government-furnished property. A. Background follows: * * * * * Authority: 40 U.S.C. 486(c); 10 U.S.C. This proposed rule amends the FAR (d) Failure to agree to any adjustment will chapter 137; and 42 U.S.C. 2473(c). to conform the guidance in the clause at be a dispute under the Disputes clause. FAR 52.243–3, Changes—Time-and- PART 43ÐCONTRACT However, nothing in this clause excuses the Contractor from proceeding with the contract Materials or Labor-Hours, with the MODIFICATIONS guidance in Alternate II of the clause at as changed. (End of clause) FAR 52.243–1, Changes—Fixed Price, 2. Amend section 43.205 by revising [FR Doc. 00–1589 Filed 1–21–00; 8:45 am] because most of the work performed paragraph (c) to read as follows: BILLING CODE 6820±EP±P

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Part III

Department of Commerce Economic Development Administration

Economic Development Assistance Programs—Availability of Funds Under the Public Works and Economic Development Act of 1965 and Trade Act of 1974; Notice

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DEPARTMENT OF COMMERCE distress. Distress may exist in a variety for regional economic development. of forms, including, but not limited to, Also included under this category Economic Development Administration high levels of unemployment, low would be projects that support the [Docket No. 991215339±9339±01] income levels, large concentrations of development of new environmental low-income families, significant decline technologies and techniques (e.g., RIN 0610±ZA14 in per capita income, substantial loss of innovative material recycling or reuse population because of the lack of within the context of eco-industrial Economic Development Assistance employment opportunities, large development, pollution control or ProgramsÐAvailability of Funds Under numbers (or high rates) of business treatment processes, and flood the Public Works and Economic failures, sudden major layoffs or plant mitigation) that significantly enhance an Development Act of 1965, as Amended, closures, military base closures, natural area’s economic development potential; and Trade Act of 1974, as Amended or other major disasters, depletion of Sustainable development programs that AGENCY: Economic Development natural resources, and/or reduced tax will provide long-term economic Administration (EDA), Department of bases. development benefits while promoting Commerce (DoC). Potential applicants are responsible eco-efficiency. Included are for demonstrating to EDA, by providing diversification of natural resource ACTION: Notice. statistics and other appropriate dependent economies, eco-industrial SUMMARY: The Economic Development information, the nature and level of the parks, aquaculture facilities, Administration (EDA) announces its distress their project efforts are intended brownfields’ redevelopment, and other policies and application procedures to alleviate. In the absence of evidence projects that increase efficient use of under the Public Works and Economic of high levels of distress, EDA funding resources without compromising the Development Act of 1965, as amended is unlikely. environment for future generations; EDA’s strategic funding priorities are • (PWEDA) for fiscal year 2000 to support Projects from Minority Serving intended to implement PWEDA and to projects designed to alleviate conditions Institutions to plan and implement continue the general goals in place over of substantial and persistent activities that will create opportunities the past six fiscal years, which have unemployment and underemployment for minority enterprise and technology- been refined to reflect the priorities of in economically-distressed areas and based employment in distressed areas; the U.S. Department of Commerce. • regions of the Nation, and to address Entrepreneurial development, Unless otherwise noted below, the economic dislocations resulting from especially programs that build local funding priorities listed will be sudden and severe job losses. capacity such as small business considered by the Selecting Official incubators and community financial DATES: Unless otherwise noted below, (depending upon the program, either the intermediaries, and projects benefitting applications are accepted on a Regional Director or Assistant Secretary) minorities, businesses owned by continuous basis and will be processed after the project proposal has been women, and people with disabilities as funds are available. Normally, two evaluated based upon evaluation criteria (e.g., revolving loan funds); months are required for a final decision described in EDA’s regulations at 13 • Economic adjustment, especially in after the receipt of a completed CFR Chapter III (64 FR 5347, February response to military base and application that meets all EDA 3, 1999 and 64 FR 69867, December 14, Department of Energy facility closures requirements. 1999). and downsizing, defense industry ADDRESSES: Addresses for EDA’s six During FY 2000, EDA will give downsizing, and post-disaster, long- regional offices and Washington office priority consideration to projects that term economic recovery; are provided in Section XIII. Addresses help communities achieve and sustain • Projects that fall under the New for Economic Development economic growth, including those that Markets Initiative—those that attract Representatives (EDRs) are listed under support the Administration’s ‘‘New private investment in economically each regional office. Markets’’ and ‘‘Liveable Communities’’ distressed inner city areas, small and initiatives and the priorities of the FOR FURTHER INFORMATION CONTACT: medium-sized towns, rural areas, and Department of Commerce, including, Interested parties should contact the Native American communities. among other things, the following: • Projects located in federally appropriate regional office or EDR as • Construction and rehabilitation of designated rural and urban Enterprise shown in Section XIII for community essential public works infrastructure Communities and Empowerment Zones and regional economic development and economic development facilities and state enterprise zones; projects. For national technical that are necessary to achieve long-term • Projects that demonstrate assistance, research, and trade growth and provide stable and innovative approaches to economic adjustment assistance projects, contact diversified local economies in the development; the headquarters program office as Nation’s distressed communities; • Projects that support the economic shown in Sections XI and XII, • Assistance to communities suffering development of Native American respectively. job losses and/or plant closings communities including Alaska Native SUPPLEMENTARY INFORMATION: resulting from changing trade patterns. Villages; This may include, but is not limited to, • Projects that support locally created I. General Policies under PWEDA projects for export promotion, partnerships that focus on regional In light of its limited resources and identification of new markets and solutions for economic development. the demonstrated widespread need for products, increased productivity, and Such projects will be given priority over economic development, EDA diversification of the local economic proposals that are more limited in encourages only project proposals that base; scope. For example, projects that will significantly benefit areas • Commercialization and deployment evidence collaboration in fostering an experiencing or threatened with of technology, particularly information increase in regional (multicounty and/or substantial economic distress. EDA will technology and telecommunications, multistate) productivity and growth will focus its scarce financial resources on and efforts that support technology be considered to the extent that such communities with the highest economic transfer, application, and deployment projects demonstrate a substantial

VerDate 042000 13:39 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\24JAN2.SGM pfrm03 PsN: 24JAN2 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3765 benefit to economically distressed areas Workplace Requirements (Grants)’’ and G. Unsatisfactory performance under of the region; the related section of the certification prior Federal awards may result in an • Projects that support the form prescribed above applies; application not being considered for Environmental Protection Agency’s Persons (as defined at 15 CFR Part 28, funding. (EPA) designated brownfield pilots and Section 105) are subject to the lobbying H. Applicants should be aware that a Brownfield Showcase Communities that provisions of 31 U.S.C. 1352, false statement on the application is are eligible for EDA funding; and/or ‘‘Limitation on use of appropriated grounds for denial of the application or • Projects that support the Council on funds to influence certain Federal termination of the grant award and Environmental Quality’s American contracting and financial transactions,’’ grounds for possible punishment by a Heritage Rivers Initiative. EDA will to and the lobbying section of the fine or imprisonment as provided in 18 the extent practicable, given its limited certification form prescribed above U.S.C. 1001. resources, work with EDA eligible river applies to applications/bids for grants, I. Applicants are hereby notified that communities on each of the 14 cooperative agreements, and contracts any equipment or products authorized Presidentially designated rivers in for more than $100,000, and loans and to be purchased with funding provided achieving their economic development loan guarantees for more than $150,000, under this program must be American- goals and objectives. or the single family maximum mortgage made to the maximum extent feasible. To the degree that one or more limit for affected programs, whichever is J. Applicants seeking an early start, funding priorities are included (or greater; and i.e., to begin a project before EDA approval, must obtain a letter from EDA packaged together) in the proposal, the C. Any applicant that has paid or will allowing such early start. The letter ability to obtain EDA assistance may be pay for lobbying using any funds must allowing the early start will be null and enhanced. submit an SF–LLL, ‘‘Disclosure of void if the project is not subsequently Lobbying Activities,’’ as required under II. Other Information and Requirements approved for funding by the grants 15 CFR part 28, Appendix B. EDA regulations at 13 CFR Chapter III officer. Approval of an early start does D. The implementing regulations of published in the Federal Register (64 not constitute project approval. the National Environmental Policy Act FR 5347, February 3, 1999, and 64 FR Applicants should be aware that if they 32973, June 18, 1999 and 64 FR 69867, (NEPA) require EDA to provide public incur any costs prior to an award being December 14, 1999), are available from notice of the availability of project made they do so solely at their own risk EDA offices listed in Section XIII and specific environmental documents such of not being reimbursed by the from the EDA web site at www.doc.gov/ as environmental impact statements, Government. Notwithstanding any eda. environmental assessments, findings of verbal or written assurance that may Certain Departmental and other no significant impact, records of have been received, there is no requirements are noted below. decision etc., to the affected public as obligation on the part of DoC to cover Additional information is available specified in 40 CFR 1506.6(b). preaward costs. Additionally, EDA also through links to EDA’s web site at Depending on the project location, requires that compliance with www.doc.gov/eda or from the environmental information concerning environmental regulations, in appropriate EDA office listed in Section specific projects can be obtained from accordance with the National XIII. the Regional Environmental Officer Environmental Policy Act (NEPA), be A. Notwithstanding any other (REO) in the appropriate EDA regional completed before construction begins. provision of law, no person is required office listed in Section XIII. K. If an application is selected for to respond to, nor shall a person be E. Recipients shall require applicants/ funding, EDA has no obligation to subject to a penalty for failure to comply bidders for subgrants, contracts, provide any additional future funding in with a collection of information subject subcontracts, or other lower tier covered connection with an award. Renewal of to the requirements of the Paperwork transactions at any tier under the award an award to increase funding or extend Reduction Act (PRA) unless that to submit, if applicable, a completed the period of performance is at the sole collection of information displays a Form CD–512, ‘‘Certifications Regarding discretion of EDA. currently valid Office of Management Debarment, Suspension, Ineligibility L. Unless otherwise noted below, and Budget (OMB) control number. This and Voluntary Exclusion-Lower Tier eligibility, program objectives, notice involves a collection of Covered Transactions and Lobbying’’ application procedures, selection information requirement subject to the and disclosure form, SF–LLL procedures, evaluation criteria and provisions of the PRA and has been ‘‘Disclosure of Lobbying Activities.’’ other requirements for all programs are approved by OMB under Control Form CD–512 is intended for the use of set forth in EDA’s regulations at 13 CFR Number 0610–0094. recipients and should not be transmitted Chapter III (64 FR 5347, February 3, B. All primary applicants must submit to DoC. SF–LLL submitted by any tier 1999, 64 FR 39273, June 18, 1999, and a completed Form CD–511, recipient or subrecipient should be 64 FR 69867, December 14, 1999). ‘‘Certifications Regarding Debarment, submitted to DoC in accordance with M. Area eligibility is determined at Suspension and Other Responsibility the instructions contained in the award the time that EDA invites an application Matters; Drug-Free Workplace document. under 13 CFR 305 or 308 and is based Requirements and Lobbying,’’ and the F. No award of Federal funds will be on the most recent Federal data following explanations are hereby made to an applicant who has an available for the area where the project provided: Prospective participants (as outstanding delinquent Federal debt will be located or where the substantial defined at 15 CFR Part 26, Section 105) until either: direct benefits will be received. If no are subject to ‘‘Nonprocurement 1. The delinquent account is paid in Federal data are available to determine Debarment and Suspension’’ and the full; eligibility, an applicant must submit to related section of the certification form 2. A negotiated repayment schedule is EDA the most recent data available for prescribed above applies; established and at least one payment is the area through the government of the Grantees (as defined at 15 CFR Part received; or State in which the area is located, i.e., 26, Section 605) are subject to 15 CFR 3. Other arrangements satisfactory to conducted by or at the direction of the Part 26, Subpart F, ‘‘Drug-Free DoC are made. State government. Project areas must be

VerDate 042000 13:39 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\24JAN2.SGM pfrm03 PsN: 24JAN2 3766 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices eligible on the date of submission of the 3. A Department of Energy defense- Actual dislocations must have application. In the case of any related funding reduction refers to a occurred within one year of application application received by EDA more than Department of Energy facility that has to EDA and threatened dislocations six months prior to the time of award, experienced or will experience a must be anticipated to occur within two EDA will reevaluate the project to reduction of employment resulting from years of application. determine that the area remains eligible its defense mission change. The area is G. Local negative impacts of foreign for EDA assistance before making the eligible from the date of the Department trade. An area certified as eligible by the award. of Energy announcement of reductions North American Development Bank EDA will reject any documentation of until five years after the actual date of (NADBank) Program or the Community eligibility that it determines is reduced operations at the installation, Adjustment and Investment Program inaccurate. provided that the reduction is not (CAIP) . N. EDA is not authorized to provide sooner canceled. H. Other special need. The area is any financial assistance directly to D. Natural or other major disasters or experiencing other special and/or individuals for the purpose of starting a emergencies. An area that has received extraordinary economic adjustment new business or expanding an existing one of the following disaster need as determined by the Assistant business. declarations is eligible for EDA Secretary. The applicant will be asked to present III. Special Need Criteria assistance for a period of 18 months after the date of declaration, unless appropriate economic or demographic An area is eligible pursuant to further extended by the Assistant statistics to demonstrate a special need. ‘‘Special Need’’ (13 CFR 301.2 (b) (3)), Secretary: IV. Funding Availability if the area meets one of the criteria 1. A Presidential Disaster Declaration Under EDA’s fiscal year 2000 described below: authorizing FEMA Public Assistance A. Substantial out-migration or appropriation, Pub. L. 106–113, program pursuant to the Robert T. Stafford population loss. Applicants seeking funds totalling $360,550,000 are Disaster Relief and Emergency eligibility under this criterion will be available until expended. EDA has Assistance Act, as amended (Public Law asked to present appropriate and already received and begun processing 93–288), 42 U.S.C. 5121 et seq.), or compelling economic and/or requests for funding under its programs 2. A Federally Declared Disaster demographic data to demonstrate the for fiscal year 2000. New requests pursuant to the Magnuson-Stevens special need. submitted that require approval during Fishery Conservation and Management B. Underemployment, that is, this fiscal year will face substantial Act, (Public Law 94–265) as amended employment of workers at less than full competition. time or at less skilled tasks than their by the Sustainable Fisheries Act (Public training or abilities permit. Applicants Law 104–297), or V. Authority seeking eligibility under this criterion 3. A Federal Declaration pursuant to The authority for programs listed in will be asked to present appropriate and the Consolidated Farm and Rural Parts VI through XI is the Public Works compelling economic and/or Development Act, as amended (Public and Economic Development Act of demographic data to demonstrate the Laws 92–419, 96–438, 97–35, 98–258, 1965, (Pub. L. 89–136, 42 U.S.C. 3121, special need. 99–198, 100–233, 100–387, and 101– et seq.), as amended, and as further C. Military base closures or 624), or amended by Pub. L. 105–393 (PWEDA). realignments, defense contractor 4. A Federally Declared Disaster The authority for the program listed in reductions-in-force, or Department of pursuant to the Small Business Act, as Part XII is Title II Chapters 3 and 5 of Energy defense-related funding amended (Public Law 85–536). the Trade Act of 1974, as amended, (19 reductions. E. Extraordinary depletion of natural U.S.C. 2341–2355; 2391) (Trade Act), as 1. A military base closure refers to a resources. EDA presently recognizes the amended by Pub. L. 105–119. military base that was closed or is following conditions of extraordinary scheduled for closure or realignment natural resource depletion: VI. Program: Public Works and pursuant to a Base Realignment and 1. Fisheries Economic Development Assistance Closure Act (BRAC) process or other 2. Coal (Catalog of Federal Domestic Assistance: Defense Department process. The area is 3. Timber 11.300 Economic Development-Grants for eligible from the date of Defense Assistant Secretary modifications to Public Works and Infrastructure) Department recommendation for closure the above listing of conditions of Funding Availability until five years after the actual date of extraordinary natural resource Funds in the amount of $204,521,000 closing of the installation, provided that depletion, as they may occur, will be maybe appropriated for this program. the closure recommendation is not announced in subsequent public The average funding level for a grant sooner canceled. notices. 2. A defense contractor reduction-in- F. Closure or restructuring of last fiscal year was $849,000. force refers to a defense contractor(s) industrial firms, essential to area VII. Program: Technical Assistance- experiencing defense contract economies. An area that has Local Technical Assistance; National cancellations or reductions resulting experienced closure or restructuring of Technical Assistance; and University from official DoD announcements and firms resulting in sudden job losses and Centers having aggregate value of at least $10 meeting the following criteria: (Catalog of Federal Domestic Assistance: million per year. Actual dislocations 1. For areas over 100,000 population, 11.303 Economic Development-Technical must have occurred within one year of the actual or threatened dislocation is Assistance) application to EDA and threatened 500 jobs, or 1 percent of the civilian dislocations must be anticipated to labor force (CLF), whichever is less. Funding Availability occur within two years of application to 2. For areas up to 100,000 population, Funds in the amount of $9,100,000 EDA. Defense contracts that expire in the actual or threatened dislocation is million have been appropriated for the the normal course of business will not 200 jobs, or 1 percent of the CLF, Technical Assistance programs of which be considered in meeting this criterion. whichever is less. approximately $1,530,000 is available

VerDate 042000 13:39 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\24JAN2.SGM pfrm03 PsN: 24JAN2 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3767 for the Local Technical Assistance awards, setting out the proposed budget Adjustment Assistance Program; 11.300 program; $1,101,000 for the National and project activities for each year, up Economic Development Grants; 11.303 Technical Assistance program; and to three years. If accepted, such Economic Development-Technical $6,469,000 for the University Center applications will simplify the Assistance; 11.302 Economic Development— Support for Planning Organizations; 11.305 program. The average funding level in application process in the subsequent Economic Development—State and Local FY 1999 for Local Technical Assistance year or years, although in each year Economic Development Planning; 11.312 grants was $28,000; for National approval of an award will be dependent Economic Development—Research and Technical Assistance grants, $108,000; upon continued satisfactory Evaluation Program; and 11.313 Economic and for University Center grants, performance during the preceding Development—Trade Adjustment Assistance) $98,300. period, the availability of program Funding Availability EDA expects that most University funds, and will be at EDA’s sole Center funds will be used for support to discretion. It is EDA’s intention to have Funds in the amount of $77,300,000 existing University Centers. EDA is in the multi-year funding cycle coincide have been appropriated for this the process of designating the with the peer review cycle called for program. The average funding level for University Center program as a multi- under Section 506 of PWEDA and 13 a grant last year was $1,300,000. (up to three) year program and expects CFR § 318.2. At the discretion of the Up to $2.5 million of defense at least $6,469,000 in funding to be Regional Office, other applicants for adjustment funds will be available for available in each of the second and third planning assistance may be invited to projects that demonstrate innovative years. Applicants under EDA’s submit applications for up to a three- credit enhancement of debt financing University Center Technical Assistance year period. Funding in FY 2001 and FY for base-reuse infrastructure. In 1998, programs may be invited to submit 2002 for these other applicants will be EDA published the results of its funded applications for multi-year awards, contingent upon the availability of research project entitled Defense setting out the proposed budget and funds from Congress, satisfactory Adjustment Infrastructure Bonds: Credit project activities for each year, up to performance, and at the sole discretion Enhancement Grants Make Affordable three years. If accepted, such of EDA. Capital Available. During FY 2000, EDA applications will simplify the encourages projects that apply the IX. Program: Economic Adjustment application process in subsequent year concepts explained in the study which Assistance or years, although in each year approval is available on EDA’s website at of an award will be dependent upon (Catalog of Federal Domestic Assistance: www.doc.gov/eda. EDA will give continued satisfactory performance 11.307 Economic Development and priority to projects that: (1) Fund during the preceding period, the Adjustment Assistance Program) financial studies to determine whether a base-reuse capital improvement availability of program funds, and will Funding Availability be at EDA’s sole discretion. It is EDA’s financing scheme requires credit intention to have the multi-year funding Funds in the amount of $34,629,000 enhancement, and if so, to determine cycle coincide with the peer review have been appropriated for this the most appropriate form(s) of credit cycle called for under Section 506 of program. Of this amount, $12,000,000 is enhancement (note that proposed credit PWEDA and 13 CFR § 318.1. available for economic adjustment enhancement schemes need not identify A separate FR Notice will set forth the projects located in regions impacted by EDA as a funding source in order to be specific funding priorities, application coal industry downsizing and timber competitive); or (2) fund the credit process, and time frames for certain industry issues with an additional enhancement of a bond for construction National Technical Assistance projects. $3,129,000 available for disaster activities targeted to new or renovated mitigation uses. infrastructure and/or buildings located VIII. Program: Planning—Planning The $3,129,000 for disaster mitigation on former military base property. Assistance for Economic Development and recovery will be available to Factors that will be considered in Districts, Indian Tribes, States, and support selected hazard prone selecting projects under this Other Planning Organizations communities (areas subject to natural demonstration will include: the (Catalog of Federal Domestic Assistance: disasters) including Project Impact economic distress of the community 11.302 Economic Development—Support for communities (communities recognized affected by the base closure; the Planning Organizations; 11.305 Economic for taking actions on their own to projected economic development Development—State and Local Economic mitigate) designated by the Federal benefits, e.g., job creation and private Development Planning) Emergency Management Agency sector investment, that will result from Funding Availability (FEMA), for capacity building and the construction of improvements that mitigation activities in areas that are will be funded by the bond; and the Funds in the amount of $24,000,000 EDA eligible. In addition to the degree to which the resulting activities have been appropriated for the Planning eligibility criteria set forth in EDA’s can serve as a prototype for other areas program. The funding levels for regulation’s at 13 CFR Chapter III (64 FR facing major base conversion needs. planning grants last year ranged from 5347, February 3, 1999 and 64 FR $10,000 to $200,000. EDA expects the 69867, December 14, 1999) these XI. Program: Research and Evaluation majority of planning funds will be used communities must have experienced a (Catalog of Federal Domestic Assistance: for support to existing Economic natural disaster or be located in natural 11.312 Economic Development—Research Development District and Indian Tribe hazard prone areas. and Evaluation Program) grantees. EDA is in the process of The average funding level for a Funding Availability designating the Planning programs as regular economic adjustment grant last multi-(up to three)year programs and year was $180,000. Funds in the amount of $500,000 have expects at least $24,000,000 in funding been appropriated for this program. The to be available annually in the second X. Program: Defense Economic average funding level for a grant last and third years. Applicants under EDA’s Conversion fiscal year was $41,000. Planning programs may be invited to (Catalog of Federal Domestic Assistance: A separate FR Notice will set forth the submit applications for multi-year 11.307 Economic Development and specific funding priorities, application

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EDA REGIONAL OFFICES AND ECONOMIC DEVELOPMENT REPRESENTATIVES EDA REGIONAL OFFICES:

Economic Development Representatives States Covered

William J. Day, Jr., Regional Director, Atlanta Regional Office, 401 West Peachtree Street, N.W., Suite 1820, Atlanta, Georgia 30308± 3510, Telephone: (404) 730±3002, Fax: (404) 730±3025, Internet Address: [email protected]

PATTERSON, Gilbert, 401 West Peachtree Street, N.W., Suite 1820, Atlanta, GA 30308, Telephone: (404) 730± Mississippi. 3000, Internet Address: [email protected]. Georgia. HUNTER, Bobby D., 771 Corporate Drive, Suite 200, Lexington, KY 40503±5477, Telephone: (606) 224±7426, Kentucky. Internet Address: [email protected]. North Carolina (Western). DIXON, Patricia M., U.S. Department of Commerce-EDA, P. O. Box 1707, Lugoff, SC 29078, Telephone: (803) South Carolina. 408±2513, Internet Address: [email protected]. North Carolina (Eastern). DENNIS, Bobby, 401 West Peachtree Street, N.W., Suite 1820, Atlanta, GA 30308±3510, Telephone: (404) 730± Alabama. 3020, Internet Address: [email protected]. TAYLOR, Willie C., 401 West Peachtree Street, N.W., Suite 1820, Atlanta, GA 30308±3510, Telephone: (404) Florida. 730±3032, Internet Address: [email protected]. REED, Tonia, 401 West Peachtree Street, N.W., Suite 1820, Atlanta, Georgia 30308±3510, Telephone: (404) Tennessee. 730±3026, Internet Address: [email protected]. Pedro R. Garza, Regional Director, Austin Regional Office, 327 Congress Avenue, Suite 200, Austin, Texas 78701±4037, Telephone: (512) 381±8144, Fax: (512) 381±8177, Internet Address: [email protected]

Area Directors JACOB, Larry, Austin Regional Office 327 Congress Avenue, Suite 200 Austin, TX 78701±4037, Telephone: (512) New Mexico 381±8157, Internet Address: [email protected]. Oklahoma Texas (Northwest). FRERKING, Sharon T., Austin Regional Office 327 Congress Avenue, Suite 200, Austin, Texas 78701±4037, Arkansas Telephone: (512) 381±8154, Internet Address: [email protected]. Louisiana Texas (Southeast). SPEARMAN, Sam, 700 West Capital, Room 2509, Little Rock, AR 72201, Telephone: (501) 324±5637, Internet Address: [email protected]. DAVIDSON-EHLERS, Pamela 501 Magazine Street, Room 1025, New Orleans, LA 70130, Telephone: (504) 589± 4179, Internet Address: [email protected]. C. Robert Sawyer, Regional Director, Chicago Regional Office, 111 North Canal Street, Suite 855, Chicago, IL 60606, Telephone: (312) 353±7706, Fax: (312) 353±8575, Internet Address: [email protected]

ARNOLD, John B. III, 104 Federal Building, 515 West First Street, Duluth, MN 55802, Telephone: (1±888) 865± Illinois. 5719 (Illinois), (218) 720±5326 (Minnesota), Internet Address: [email protected]. Minnesota. HICKEY, Robert F., Federal Building, Room 740, 200 North High Street, Columbus, Ohio 43215, Telephone: (1± Ohio. 800) 686±2603 (Indiana), (614) 469±7314 (Ohio), Internet Address: [email protected]. Indiana. PECK, John E., P.O. Box 517, Acme, Michigan 49610±0517, Telephone: (616) 938±1712 (Michigan), (1±888) Michigan. 249±7597 (Wisconsin), Internet Address: [email protected]. Wisconsin. Anthony J. Preite, Regional Director, Denver Regional Office, 1244 Speer Boulevard, Room 670, Denver, Colorado 80204, Telephone: (303) 844±4715, Fax: (303) 844±3968, Internet Address: [email protected]

ZENDER, John P., 1244 Speer Boulevard, Room 632, Denver, CO 80204, Telephone: (303) 844±4902, Internet Colorado. Address: [email protected]. Kansas. CECIL, Robert, Federal Building, Room 823, 2l0 Walnut Street, Des Moines, IA 50309, Telephone: (515) 284± Iowa. 4746, Internet Address: [email protected]. Nebraska. HILDEBRANDT, Paul, Federal Building, Room B±2, 608 East Cherry Street, Columbia, MO 65201, Telephone: Missouri. (573) 442±8084, Internet Address: [email protected]. ROGERS, John C., Federal Building, Room 196, 301 South Park Ave., Drawer 10074, Helena, MT 59626, Tele- Montana. phone: (406) 441±1175, Internet Address: [email protected]. Wyoming. JUNGBERG, Cip, Post Office/Courthouse, 102 4th Ave., Room 216, P.O. Box 190, Aberdeen, South Dakota South Dakota. 57401, Telephone: (605) 226±7315, Internet Address: [email protected]. North Dakota. TURNER, Robert, Chief, Operations Management, 1244 Speer Boulevard, Room 670, Denver, Colorado 80204, Utah. Telephone: (303) 844±4474, Internet Address: [email protected]. Paul M. Raetsch, Regional Director, Philadelphia Regional Office, Curtis Center, Independence Square West, Suite 140 South, Philadelphia, PA 19106, Telephone: (215) 597±4603, Fax: (215) 597±6669, Internet Address: [email protected]

GOOD, William A., Acting, Philadelphia Regional Office, The Curtis Center-Suite 140 South, Independence Delaware. Square West, Philadelphia, PA 19106, Telephone: (215) 597±0405, Internet Address: [email protected]. District of Columbia.

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EDA REGIONAL OFFICES AND ECONOMIC DEVELOPMENT REPRESENTATIVES EDA REGIONAL OFFICES:ÐContinued

Economic Development Representatives States Covered

AUBE, Michael W., 48 Highland Avenue, Bangor, ME 04401±4656, Telephone: (207) 945±6985, Internet Address: Connecticut. [email protected]. Maine. Rhode Island. POTTER, Rita V., 143 North Main Street, Suite 209, Concord, NH 03301±5089, Telephone: (603) 225±1624, New Hampshire. Internet Address: [email protected]. Massachusetts. HUMMEL, Edward, Philadelphia Regional Office, The Curtis Center-Suite 140 South, Independence Square West, New Jersey. Philadelphia, PA 19106, Telephone: (215) 597±6767, Internet Address: [email protected]. New York City (Long Is- land). MARSHALL, Harold J. II, 620 Erie Boulevard West, Suite 104, Syracuse, NY 13204±2442, Telephone: (315) 448± New York. 0938, Internet Address: [email protected]. Vermont. PECONE, Anthony M., 525 North Broad Street, West Hazelton, PA. 18201±1107, Telephone: (570) 459±6861, Pennsylvania. Internet Address: [email protected]. CRUZ, Ernesto L., IBM Building, Room 602, 654 Munoz Rivera Avenue, Hato Rey, PR 00918±1738, Telephone: Puerto Rico. (787) 766±5187, Internet Address: [email protected]. Virgin Islands. NOYES, Neal E., Room 474, 400 North 8th Street, P.O. Box 10229, Richmond, VA 23240±1001, Telephone: Virginia. (804) 771±2061, Internet Address: [email protected]. Maryland. DAVIS, R. Byron, 405 Capital Street, Room 411, Charleston, WV 25301±1727, Telephone: (304) 347±5252, Inter- West Virginia. net Address: [email protected]. A. Leonard Smith, Regional Director, Seattle Regional Office, Jackson Federal Building, Room 1856, 915 Second Avenue, Seattle, Washington 98174, Telephone: (206) 220±7660, Fax: (206) 220±7669, Internet Address: [email protected]

RICHERT, Bernhard E. Jr., 550 West 7th Avenue, Suite 1780, Anchorage, AK 99501±7594, Telephone: (907) Alaska. 271±2272, Internet Address: [email protected]. SOSSON, Deena R., 801 I Street, Suite 411, Sacramento, CA 95814, Telephone: (916) 498±5285, Internet Ad- California (Central). dress: [email protected]. CHURCH, Dianne V., 280 South First St., #135-B, San Jose, CA 95113, Telephone: (408) 535±5550, Internet Ad- California (Central Coastal). dress: [email protected]. FUJITA, Gail S., P.O. Box 50264, 300 Ala Moaana Blvd, Federal Building, Room 5180, Honolulu, HI 96850, Tele- Hawaii. phone: (808) 541±3391, Internet Address: [email protected]. Guam. American Samoa. Marshall Islands. Micronesia. Northern Marianas. Republic of Palau. AMES, Aldred F., Borah Federal Building, Room 441, 304 North 8th Street, Boise, ID 83702, Telephone: (208) Idaho. 334±1521 (Idaho), (1±888) 693±1370 (Nevada), Internet Address: [email protected]. Nevada. BERBLINGER, Anne S., One World Trade Center, 121 S.W. Salmon Street, Suite 244, Portland, OR 97204, Tele- Oregon. phone: (503) 326±3078, Internet Address: [email protected]. California (Northern). MARSHALL, Wilfred, 5777 West Centry Blvd., Suite 1675, Los Angeles, CA 90045, Telephone: (310) 348±5386, California (Southern). Internet Address: [email protected]. KIRRY, Lloyd P., Seattle Regional Office, Jackson Federal Building, 915 Second Avenue, Room 1856, Seattle, Washington. WA 98174, Telephone: (206) 220±7682, Internet Address: [email protected]. MACIAS, Jacob (Acting), Seattle Regional Office, Jackson Federal Building, 915 Second Avenue, Room 1856, Arizona. Seattle, WA 98174, Telephone: (206) 220±7666, Internet Address: [email protected].

For general information on EDA Development Administration, Dated: January 18, 2000. contact the appropriate Regional Office Room7814A, U.S. Department of Chester Straub, Jr., listed above or EDA’s Office of Commerce, Washington, D.C. 20230, Acting Assistant Secretary for Economic Congressional Liaison and Program Telephone: (202) 482–2309, EDA Development. Research and Evaluation: Economic website www.doc.gov/eda. [FR Doc. 00–1627 Filed 1–21–00; 8:45 am] BILLING CODE 3510±24±P

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Part IV

Department of Commerce Economic Development Administration

National Technical Assistance, Training, Research, and Evaluation—Request for Grant Proposals; Notice

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DEPARTMENT OF COMMERCE By March 30, 2000, EDA will advise The current evaluation will complement successful proponents to submit full this earlier evaluation by measuring the Economic Development Administration applications. OMB has assigned impact of EDA’s assistance under the [Docket No. 991215337±9337±01] application forms Control Number EDD Planning Program. 0610–0094. Scope of Work: The successful RIN 0610±ZA13 Completed applications must be applicant will: (1) evaluate the impact of submitted to EDA by April 19, 2000, at EDA funding of EDDs under its National Technical Assistance, the address below. EDA anticipates that Planning Program, including (a) how Training, Research, and EvaluationÐ these projects will be funded about June well the program helps communities Request for Grant Proposals 15, 2000, but will make the awards no build long-term economic development AGENCY: Economic Development later than September 30, 2000. capacity, (b) whether the strategies Administration (EDA), Department of ADDRESSES: Send proposals to John J. developed are realistic and responsive Commerce (DoC). McNamee, Director, Research and to the specific economic development needs of the areas served, (c) how ACTION: Request for Grant Proposals National Technical Assistance Division, effective the technical assistance (RFP) Upon Availability of Funds. Economic Development Administration, Room 7019, U.S. Department of provided by the EDD organization is to SUMMARY: A total of $361,879,000 is Commerce, Washington, D.C. 20230. the member jurisdictions, and (d) how available to EDA for all its programs in FOR FURTHER INFORMATION CONTACT: John effectively EDDs implement the CEDS; FY 2000, of which approximately J. McNamee (202) 482–4085. (2) select a representative sample of $1,601,000 will be available for National SUPPLEMENTARY INFORMATION: EDD grantees, including a rural, urban Technical Assistance, Training, and regional balance; (3) make site visits Research, and Evaluation. EDA is I. Areas of Special Emphasis as necessary; (4) convene a panel of soliciting proposals for the specific • Evaluation of EDA’s Planning stakeholders; (5) as appropriate, make projects described herein: (1) Evaluation Program recommendations for improving the of EDA’s Planning Program; (2) program; (6) prepare a final report; and EDA invites proposals to evaluate the (7) conduct briefings and/or training Evaluation of EDA’s Local Technical impact of its Economic Development Assistance Program; (3) Economic workshops as set forth in IV.E. below. District (EDD) Planning Program. Cost: The total EDA share of the cost Assessment of Sustainable Development Background: Under its Planning of this project may not exceed $249,000. Projects; (4) Improving Technology-Led Program, EDA provides ongoing Timing: The project should be Economic Development Strategies; and funding, on an annual basis, to completed and the final report (5) Reviews of Economic Development approximately 320 Economic submitted within one year of project Literature and Practice. These projects Development Districts (EDD) to help in approval. will be funded if acceptable proposals designing and implementing strategies • are received. Remaining funding, if any, and to build and maintain local Evaluation of EDA’s Local Technical may be used to fund additional projects. institutional capacity for the economic Assistance Program EDA issues this Notice to describe the development of the communities they Background: EDA’s Local Technical conditions under which eligible serve. EDA planning grants fund a Assistance Program provides funding to applications for these National number of activities. These include help communities solve specific Technical Assistance, Training, developing and maintaining the economic development problems, Research, and Evaluation projects under Comprehensive Economic Development respond to development opportunities, 13 CFR Part 307, Subpart C (64 FR 5347, Strategy (CEDS) process, developing and build and expand local 5428–5429; 64 FR 69878–879) will be projects, coordinating local and regional organizational capacity in distressed accepted and selected for funding. economic development efforts in areas. Often, Local Technical Assistance DATES: Prospective applicants are implementing the CEDS, identifying/ projects consist of feasibility studies, advised that EDA will conduct a pre- attracting sources of funding and support for other economic proposal conference on February 16, investment, and providing technical development providers, or similar 2000, at 10:00 a.m. EDT in the assistance to its member jurisdictions. projects necessary to prepare a Department of Commerce, Herbert C. The EDA grants provide communities community for further EDA support. In Hoover Building, 14th and Constitution with the critical resources to assist in recent years, funding for the program Avenue, N.W., Washington, D.C. 20230, organizing and carrying out long-and has been approximately $1.5 million per Room 1414, at which time questions on short-term strategies tailored to the their year, with the average grant size these projects can be answered. particular economic problems and approximately $25,000. The program Potential applicants are encouraged to opportunities. However, the was last evaluated in 1989. provide written questions (See ADDRESS fundamental impact of the program Scope of Work: The successful section below) by February 14, 2000. should be the sustainable economic applicant will: (1) examine selected Prospective applicants unable to attend development of the areas served. projects funded in FY’s 1996-1997, this pre-proposal conference may EDA’s Planning Program and the provided they have been completed no participate by teleconference. network of local partnerships it has later than September 30, 1999, to Teleconference information may be supported have been critical to the identify common and variable features obtained by calling (202) 482–4085 effectiveness of economic development of representative projects; (2) where between 8:30–5:00 EDT on February 15, efforts at the local and regional level for appropriate, make site visits to obtain 2000. more than 30 years. In 1998, EDA more detailed project information; (3) Proposals for funding under this commissioned an independent evaluate the effectiveness of the Local program will be accepted through evaluation of its regional planning Technical Assistance Program; (4) make March 9, 2000, at the address provided process in order to increase the benefits recommendations as needed for below. Proposals received after 5:00 of the process and enhance economic improving the program; and (5) conduct p.m. EDT, on March 9, 2000, will not be development capacity at the local level. briefings and/or training workshops as considered for funding. That evaluation was completed in 1999. set forth in IV.E. below. In evaluating

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EDA seeks speed of technological advance and the local economic development projects? economic impact assessments that are scale of investment and training needed • Has the program helped distressed replicable in other contexts, in order to threatens to leave behind those communities undertake or eliminate help future sustainable development communities that lack a diverse specific economic development projects efforts. Impacts considered may be economic base and solid infrastructure. from their overall strategy? either on the supply side or the demand EDA assists distressed communities to • Has the program helped distressed side of the market. However, the design and implement their own communities build and expand local economic impacts described must be technology-led economic development organizational economic development quantifiable and derived from real strategies. The agency also funds capacity? economic development projects. It is not research to support its investment • Has the program supported necessary to assess all economic strategy by identifying areas where innovative economic development impacts for a given sustainable further investment is most needed, approaches and/or given local officials development activity, but those impacts methods to improve the effectiveness of needed technical expertise? that are considered should be the agency’s investments, and ways to • To what extent have the projects researched as completely as possible. leverage available funding, EDA and/or the program targeted distressed Given the time frame of this study, EDA research also assists local economic areas? anticipates that most proposals will development practitioners by • Were projects completed in a timely relate to projects already underway. disseminating lessons learned by others and cost-effective fashion? EDA is especially interested in studies in the field. To give some examples, • Were there common features that that assess impacts that have not EDA is presently funding an assessment contributed to project success or failure? previously been described well (e.g., of the technology infrastructure needs of • Could specific outcomes be tracked product quality impacts, equity impacts, America’s distressed communities, and back to the completed Local Technical etc.), studies that improve existing recently completed a similar needs Assistance projects? assessment methods, and/or studies that assessment in Native communities. EDA Cost: The total EDA share of the cost utilize new assessment methods. is also funding the preparation of a of this project may not exceed $149,000. Scope of Work: The successful handbook to help local practitioners Timing: The project should be applicant will: (1) quantitative describe prepare technology strategic plans. completed and the final report the anticipated economic benefits and Other recent EDA research projects in submitted within one year of project costs of one or more sustainable this area include a collection of best approval. development project(s); (2) review prior practices in technology transfer and • Economic Assessment of Sustainable economic assessments and literature commercialization (underway); a review Development Projects relevant to assessing those impacts; (3) of state science and technology strategic assess the direct economic benefits and plans (1997); and a comprehensive EDA invites proposals to assess the costs of the project(s) as completely as guide to business incubators (1996). economic impacts of sustainable possible, using methods deemed sound This project is designed to support development projects in distressed by mainstream professional economists; EDA investments in technology-led communities. (4) place those economic benefits and economic development in distressed Background: In recent years, EDA has costs in the context of the community areas. Examples of acceptable projects funded many local projects to support the project is designed to serve; (5) include (but are not limited to): sustainable development, including prepare a final report that summarizes • Assessments of past and current brownfields redevelopment, eco- the research findings; and (6) conduct EDA technology investments; industrial parks, aquaculture, and briefings and/or training workshops as • Research that identifies, describes, projects to support diversification of set forth in IV.E. below. and evaluates specific strategies for natural resource based economies (e.g., Cost: EDA may provide funding up to technology-led economic development; timber, fisheries, etc.). The agency also $145,000 for all projects funded under • Research that identifies national has funded several national studies of this RFP. EDA anticipates making investment needs to support specific sustainable economic development multiple awards from this total funding types of technology-led economic strategies and collections of case studies available. development; and describing strategies available to Timing: The projects should be • Exploration of methods to enhance practitioners at the state and local level. completed and the final reports the effectiveness of existing technology- This cumulative experience suggests submitted within nine months of project led strategies, including ways to expand that a significant barrier to sustainable approval. available funding in a responsible economic development is the inability fashion. of prospective projects to demonstrate Improving Technology-Led Economic Projects must have significance to economic viability to potential investors Development Strategies practitioners nationally. Local feasibility and funding agencies. EDA seeks proposals to improve the studies, needs assessments, and project This project is designed to assist technology-led strategies for economic implementation will generally not be individuals and organization that are development in distressed communities. funded unless the projects have undertaking sustainable development Background: The current era of rapid compelling demonstration value and activities to collect data and develop technological change offers both include a careful assessment of the methods for assessing the economic promise and challenges to America’s strategy’s replicability elsewhere. benefits and costs of their projects. EDA distressed communities. On the one Likewise, purely theoretical research is primarily interested in assessments of hand, new technologies can help these will not be funded without a convincing direct economic impacts. Simulations communities enter and succeed in the demonstration of its utility to that assess secondary, indirect, and economic mainstream by allowing them practitioners.

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Scope of Work: The successful EDA expects researchers to tribes; consortiums of Indian Tribes; applicant will: (1) describe specific demonstrate familiarity with the states, cities or other political strategies, needs, and/or methods to proposed topic and ability to conduct a subdivisions of a state; consortiums of promote economically-important timely, thorough, and objective review. political subdivisions of states. technological advance in distressed EDA welcomes strong graduate student B. Proposal Submission Procedures areas; (2) critically review relevant participation in these projects, literature from academics, practitioners, contingent on the student’s ability to Proposals submitted should include: and other sources and describe the demonstrate expertise in the field of (1) a description of how the contribution of the project to that field study. Where a student is to be a researcher(s) intend(s) to carry out the of knowledge; (3) evaluate the primary participant in the research, a scope of work (not to exceed 10 pages significance of the strategy to faculty letter in support of the student’s in length); (2) a proposed budget and technology-led economic development, participation may be included in the accompanying explanation; (3) resumes/ using methodologies generally accepted proposal. This letter, not to exceed two qualifications of key staff (not to exceed by scholars and experts in the field; (4) pages, shall not be subject to the other two pages per individual or prepare a final written report of findings page limits specified in Part III. B. EDA organization), and (4) a proposed time designed to improve economic anticipates making multiple awards, but line for completion of the project. EDA development efforts by EDA and state will not make multiple awards to any will not accept proposals submitted by and local practitioners; and (5) conduct individual researcher. Authors are FAX or email. Proposals received after briefings and/or training workshops as encouraged to submit the final review 5:00 p.m. EST on March 9, 2000, at the set forth in IV.E. below. paper for publication. address provided above, will not be Cost: EDA may provide funding up to Scope of Work: Successful applicants considered. $145,000 for all projects funded under will: III. Selection Process and Evaluation this RFP. EDA may make multiple (1) Prepare a review paper that: a) Criteria awards from this total funding available. describes and analyzes critically key Timing: The project should be debates in the literature, analytical All proposals must meet EDA’s completed and the final report techniques of broad importance to statutory and regulatory requirements. submitted within one year of project practitioners; and/or the range of Proposals will receive initial review by approval. experience with specific economic EDA to assure that they meet all • Reviews of Economic Development development strategies; b) identifies requirements of this announcement and Literature and Practice important policy implications of the 13 CFR Chapter III (64 FR 5347), research; c) represents original research including eligibility and relevance to EDA invites proposals to review the not previously submitted for publication the specified project as described literature and practical experience elsewhere; d) is of length and quality herein. EDA’s general selection process regarding issues of critical importance and criteria are set out in 13 CFR to economic development practitioners suitable for publication in a peer reviewed journal; and e) is written in a §§ 304.1 and 304.2 (64 FR 5347–5348; nationally. 64 FR 69874–69875). Proposals that Background: One of EDA’s main style appropriate for practitioners. meet these requirements will then be functions is to disseminate high quality (2) Conduct up to three presentations evaluated by a review panel composed information about economic as described in IV.E below. of at least three members. EDA will development policies, issues, strategies, Cost: EDA may provide funding up to carry out its selection of proposals to be and techniques to practitioners. EDA $72,500 for all reviews funded under funded under the specific projects fulfills this function by a number of this RFP. The total EDA share of the cost described in this RFP using the means, including newsletters, for any single review may not exceed following criteria: conferences, use of the Internet, and $20,000. EDA anticipates that most • The quality of a proposal’s response targeted research. This project would proposals will be in the range of $10,000 to the scope of work proposed; and help present important and emerging to $15,000. Timing: EDA anticipates that most • The ability of the prospective theoretical issues to practitioners and reviews will take 6 months or less, but applicant to successfully carry out the policy makers. EDA is especially interested in recognizes that this will vary with the proposed activities. reviews supporting EDA’s core nature of the research. Presentations If a proposal is selected, EDA will programs and initiatives. Examples may take place up to one year after the provide the proponent with an include: technology-led economic paper is submitted. All projects should Application for Federal Assistance development; productivity be completed within nine months of (OMB Control Number 0610–0094). enhancement through infrastructure project approval. Notwithstanding any other provision of law, no person is required to respond to investment; e-commerce; strategies and II. How To Apply policies for dealing with sprawl; nor shall a person be subject to a strategies that promote regional growth; A. Eligible Applicants penalty for failure to comply with a counter-cyclical spending strategies; See EDA’s interim final rule at 13 CFR collection of information subject to the microenterprise development; economic § 300.2 (64 F.R. 5347). Eligible requirements of the Paperwork development in Native communities; applicants are as follows: institutions of Reduction Act unless that collection of and support for regions harmed by higher education, consortiums of information displays a currently valid international trade. EDA, however, institutions of higher education; public OMB Control Number. welcomes other topics of importance to or private nonprofit organizations or IV. Additional Information and domestic economic development. associations acting in cooperation with Requirements Completed reviews must be analytical, officials of a political subdivision of a and should identify important policy state, for-profit organizations, and A. Authority implications. They must also be private individuals; areas meeting The Public Works and Economic prepared for practitioners rather than an requirements under 13 CFR 301.2; Development Act of 1965, as amended academic audience. Economic Development Districts; Indian (Pub. L. 89–136, 42 U.S.C. 3121 et seq.),

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Part V

The President Proclamation 7269—National Biotechnology Month, 2000

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Federal Register Presidential Documents Vol. 65, No. 15

Monday, January 24, 2000

Title 3— Proclamation 7269 of January 19, 2000

The President National Biotechnology Month, 2000

By the President of the United States of America

A Proclamation As we stand at the dawn of a new century, we recognize the enormous potential that biotechnology holds for improving the quality of life here in the United States and around the world. These technologies, which draw on our understanding of the life sciences to develop products and solve problems, are progressing at an exponential rate and promise to make unprec- edented contributions to public health and safety, a cleaner environment, and economic prosperity. Today, a third of all new medicines in development are based on bio- technology. Designed to attack the underlying cause of an illness, not just its symptoms, these medicines have tremendous potential to provide not only more effective treatments, but also cures. With improved understanding of cellular and genetic processes, scientists have opened exciting new avenues of research into treatments for devastating diseases—like Parkinson’s and Alzheimer’s, diabetes, heart disease, AIDS, and cancer—that affect millions of Americans. Biotechnology has also given us several new vaccines, includ- ing one for rotavirus, now being tested clinically, that could eradicate an illness responsible for the deaths of more than 800,000 infants and children each year. The impact of biotechnology is far-reaching. Bioremediation technologies are cleaning our environment by removing toxic substances from contami- nated soils and ground water. Agricultural biotechnology reduces our depend- ence on pesticides. Manufacturing processes based on biotechnology make it possible to produce paper and chemicals with less energy, less pollution, and less waste. Forensic technologies based on our growing knowledge of DNA help us exonerate the innocent and bring criminals to justice. The biotechnology industry is also improving lives through its substantial economic impact. Biotechnology has stimulated the creation and growth of small businesses, generated new jobs, and encouraged agricultural and industrial innovation. The industry currently employs more than 150,000 people and invests nearly $10 billion a year on research and development. Recognizing the extraordinary promise and benefits of this enterprise, my Administration has pursued policies to foster biotechnology innovations as expeditiously and prudently as possible. We have supported steady in- creases in funding for basic scientific research at the National Institutes of Health and other science agencies; accelerated the process for approving new medicines to make them available as quickly and safely as possible; encouraged private-sector research investment and small business develop- ment through tax incentives and the Small Business Innovation Research program; promoted intellectual property protection and open international markets for biotechnology inventions and products; and developed public databases that enable scientists to coordinate their efforts in an enterprise that has become one of the world’s finest examples of partnership among university-based researchers, government, and private industry. Remarkable as its achievements have been, the biotechnology enterprise is still in its infancy. We will reap even greater benefits as long as we

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sustain the intellectual partnership and public confidence that have moved biotechnology forward thus far. We must strengthen our efforts to improve science education for all Americans and preserve and promote the freedom of scientific inquiry. We must protect patients from the misuse or abuse of sensitive medical information and provide Federal regulatory agencies with sufficient resources to maintain sound, science-based review and regula- tion of biotechnology products. And we must strive to ensure that science- based regulatory programs worldwide promote public safety, earn public confidence, and guarantee fair and open international markets. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim January 2000 as National Biotechnology Month. I call upon the people of the United States to observe this month with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of January, in the year of our Lord two thousand, and of the Independence of the United States of America the two hundred and twenty-fourth. œ–

[FR Doc. 00–1758 Filed 1–21–00; 10:34 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 65, No. 15 Monday, January 24, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

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 800...... 75 868...... 78 Presidential Documents Proclamations: 930...... 672 1660 (See Proc. 523±5227 979...... 1347 Executive orders and proclamations 7266) ...... 2831 The United States Government Manual 523±5227 993...... 2908 1704 (See Proc. 1280...... 1825 7266) ...... 2831 Other Services 1301...... 1825 1948 (See Proc. 1304...... 1825 Electronic and on-line services (voice) 523±4534 7266) ...... 2831 1305...... 1825 Privacy Act Compilation 523±3187 2050 (See Proc. 1306...... 1825 Public Laws Update Service (numbers, dates, etc.) 523±6641 7266) ...... 2831 1307...... 1825 TTY for the deaf-and-hard-of-hearing 523±5229 2528 (See Proc. 1308...... 1825 7266) ...... 2831 7263...... 2817 9 CFR ELECTRONIC RESEARCH 7264...... 2821 93...... 345 7265...... 2825 World Wide Web 94...... 1304, 1529 7266...... 2831 96...... 1304 Full text of the daily Federal Register, CFR and other 7267...... 2835 303...... 201 publications: 7268...... 2837 304...... 2283 http://www.access.gpo.gov/nara 7269...... 3779 312...... 2283 Executive Orders: 327...... 2283 Federal Register information and research tools, including Public 12543 (See Notice of Inspection List, indexes, and links to GPO Access: 350...... 2283 December 29, 381 ...... 201, 2283, 2284 http://www.nara.gov/fedreg 1999) ...... 199 424...... 2284, 3121 12544 (See Notice of E-mail Proposed Rules: December 29, 54...... 1074 PENS (Public Law Electronic Notification Service) is an E-mail 1999) ...... 199 79...... 1074 service for notification of recently enacted Public Laws. To 12947 (See Notice of 130...... 391 subscribe, send E-mail to January 19, 2000)...... 3581 [email protected] 13099 (See Notice of 10 CFR January 19, 2000)...... 3581 with the text message: 431...... 2227 Administrative Orders: Proposed Rules: subscribe PUBLAWS-L your name Presidential Determinations: Ch. I ...... 3615 Use [email protected] only to subscribe or unsubscribe to No. 2000±9 of 2...... 3394 PENS. We cannot respond to specific inquiries. December 23, 40...... 3394 1999 ...... 689 Reference questions. Send questions and comments about the 50...... 1829, 3394 Federal Register system to: Notices: 72...... 3397 December 29, 1999...... 199 430...... 2077 [email protected] January 19, 2000...... 3581 490...... 1831 The Federal Register staff cannot interpret specific documents or Memorandums: 960...... 2361 regulations. January 5, 2000 ...... 2279, 3119 963...... 2361 5 CFR 11 CFR FEDERAL REGISTER PAGES AND DATE, JANUARY 831...... 2281, 2521 Proposed Rules: 1±200...... 3 842...... 2281, 2521 100...... 1074 201±344...... 4 102...... 1074 7 CFR 103...... 1074 345±688...... 5 6...... 1297 104...... 1074 689±1050...... 6 201...... 1704 106...... 1074 1051±1296...... 7 246...... 3375 107...... 1074 1297±1528...... 10 371...... 1298 109...... 1074 1529±1754...... 11 932...... 2839 110...... 1074 1755±2016...... 12 959...... 2526 114...... 1074 2017±2280...... 13 966...... 2281 116...... 1074 2281±2520...... 14 982...... 2841 12 CFR 2521±2834...... 18 984...... 1755 2835±3118...... 19 997...... 1302 269a...... 2529 3119±3374...... 20 998...... 1302 935...... 202 999...... 1302 960...... 203 3375±3582...... 21 1220...... 1, 2844 Proposed Rules: 3583±3780...... 24 Proposed Rules: 5...... 3157 54...... 3155 650...... 1676 253...... 2358 900...... 324

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910...... 324 Proposed Rules: 301 ...... 215, 263, 1059, 2030 3...... 3388 917...... 81 1...... 3623 602 .....1056, 1236, 1310, 2030, 17...... 762 941...... 324 Ch. II ...... 3399 2323, 3586, 3589 51...... 762 Proposed Rules: 58...... 762 13 CFR 18 CFR 1 ...... 258, 1572, 2081, 2084, 39 CFR 305...... 2017 35...... 810 3401, 3629 308...... 2530 Proposed Rules: 40...... 1076 111...... 1318, 3609 314...... 2530 125...... 1484 Proposed Rules: 400...... 1757 225...... 1484 27 CFR 111...... 264 500...... 1758 356...... 1484 270...... 1676 206...... 403 Proposed Rules: 120...... 1349 19 CFR 29 CFR 40 CFR 9...... 1950 14 CFR 4...... 2868 2550...... 614 4044...... 2329 49...... 1322 21...... 3540 20 CFR 52 .....14, 16, 1068, 1545, 1787, 23...... 1758 Proposed Rules: 30 CFR 2039, 2042, 2046, 2048, 27...... 3540 604...... 2080 202...... 1542 2052, 2334, 2674, 2877, 29...... 3540 203...... 2874 2880, 2883, 3130 39...1, 204, 205, 207, 209, 211, 21 CFR 60...... 1323, 2336 213, 346, 691, 692, 695, 206...... 1542 101...... 1000 250 ...... 217, 2874, 3126 63...... 3276 697, 1051, 1537, 1538, 70...... 1787, 3130 173...... 1776 251...... 2874 1540, 1761, 1762, 1763, 81...... 2883 177...... 3384 253...... 2874 1765, 1767, 1769, 1771, 82...... 716 201...... 7 254...... 2874 2017, 2019, 2285, 2287, 97...... 2674 314...... 1776 256...... 2874 2289, 2844, 2861, 2862, 136...... 3007 341...... 7 904...... 2331 2864, 3379, 3583 141...... 1950 369...... 7 914...... 1059 61...... 2022 142...... 1950 801...... 3584 946...... 1063 67...... 2022 147...... 2899 862...... 2296 Proposed Rules: 71 .....348, 349, 699, 700, 1308, 180 ...... 1790, 1796, 1802, 1809 864...... 2296 206 ...... 1580, 2557, 3167 1309, 1774, 2537, 2538, 247...... 2889 866...... 2296 944...... 2364 2539, 3381, 3382 257...... 1842 868...... 2296 91...... 3540 258...... 1842 870...... 2296 31 CFR 95...... 2291 261...... 2337 872...... 2296 97 ...... 350, 2023, 2025 1...... 2333 271...... 2897 874...... 2296 121...... 2295 317...... 2034 300 ...... 19, 1070, 2903, 2905 876...... 2296 125...... 2295 375...... 3113 445...... 3007 878...... 2296 141...... 2022 712...... 1548 880...... 2296 32 CFR 142...... 2022 716...... 1554 882...... 2296 382...... 352 Proposed Rules: 721...... 354 1204...... 2865 884...... 2296 199...... 2085 Proposed Rules: 886...... 2296 323...... 3167 Proposed Rules: 52 ...104, 421, 732, 1080, 1583, 39 ...... 250, 251, 254, 395, 397, 888...... 2296 326...... 2912 1841, 2367, 2557, 2560, 399, 401, 1075, 1350, 1353, 890...... 2296 813...... 419 2920, 2921, 2924, 3168, 1831, 1833, 1836, 1838, 892...... 2296 3630 1840, 2362, 2555, 3165, 1308...... 3124 33 CFR 63...... 3169, 3642 3617, 3619, 3621 Proposed Rules: 110...... 2876 70...... 1841, 3168 71...... 402 216...... 256 117 ...... 353, 710, 1543, 1543, 81...... 2924, 3630 91...... 2077 314...... 3623 2035, 2036, 2038, 2539, 180...... 425 108...... 560 801...... 3627 2541 257...... 1814 109...... 560 870...... 2364 154...... 710 258...... 1814 111...... 560 890...... 2364 155...... 710 260...... 3188 121...... 2079 165...... 1065 129...... 560, 2079 22 CFR 271...... 2925 Proposed Rules: 300 ...... 1081, 2925, 2926 191...... 560 514...... 352 100...... 2095 503...... 1676 15 CFR 110...... 1581, 2095 23 CFR 117...... 1077 41 CFR 734...... 2492 655...... 9 157...... 2812 Ch. 301 ...... 3392 740...... 2493 165...... 1079, 2095 742...... 2492 24 CFR 301-10...... 1268 770...... 2492 301-11...... 1326 35...... 3386 34 CFR 772...... 2492 301-51 ...... 2541, 3054 611...... 1780 774...... 2492 902...... 1712 301-52...... 3054 902...... 30 968...... 3386 Proposed Rules: 301-54...... 3054 1000...... 3386 Ch. VI...... 1582 Proposed Rules: 301-70...... 3054 301-71...... 3054 280...... 1572 25 CFR 36 CFR 303...... 731 301-74...... 1326 1...... 2026 Proposed Rules: 301-76...... 3054 16 CFR 301...... 2030 5...... 2920 Proposed Rules: 256...... 2867 602...... 2030 13...... 2920 101-6...... 2504 1615...... 1435 Proposed Rules: 102-3...... 2504 37 CFR 1700...... 93 1...... 2081, 2084 42 CFR Proposed Rules: 4...... 3127 26 CFR 250...... 2912 Proposed Rules: 121...... 1435 310...... 2912 1 ...... 701, 1236, 1310, 2026, 201...... 3404 412...... 1817, 3136 2323, 3586, 3589 413...... 1817 17 CFR 7...... 3589 38 CFR 483...... 1817 232...... 3123 49...... 1056 Ch. 1 ...... 1544 485...... 1817

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Proposed Rules: 209...... 2056 Proposed Rules: 268...... 2342 405...... 1081 235...... 2057 1...... 1438 572...... 2059 241...... 2058 2...... 1438 44 CFR Proposed Rules: 243...... 2056 4...... 1438 40...... 2573 64...... 1554, 1555 7...... 1438 252...... 2056 209...... 1844 Proposed Rules: 8...... 1438 253...... 2055 222...... 2230 67...... 1435 1806...... 3153 11...... 2272 15...... 1438 229...... 2230 45 CFR 1813...... 3153 1244...... 732 1815...... 3153 16...... 1438 Proposed Rules: 1835...... 3153 17...... 1438 160...... 427 1852...... 3153 22...... 1438, 2272 50 CFR 27...... 1438 164...... 427 1872...... 3153 28...... 1438 17 ...... 20, 2348, 3096 2401...... 3572 46 CFR 31...... 1438 216...... 30 2402...... 3572 Proposed Rules: 32...... 1438 226...... 1584 2403...... 3572, 3576 356...... 646 35...... 1438 300...... 59 2409...... 3572, 3576 36...... 2272 600...... 221 47 CFR 2413...... 3572 37...... 1438 635...... 2075 0...... 374 2414...... 3572 42...... 1438 648 ...... 377, 1557, 1568 25...... 3814 2415...... 3572 43...... 1438, 3762 660...... 221 2416...... 3572 27...... 3139 44...... 1438 679 ...... 60, 65, 74, 380 2419...... 3572 51...... 1331, 2542 45...... 1438 Proposed Rules: 73 ...... 219, 220, 1823, 1824, 2424...... 3572 49...... 1438, 2272 2425...... 3572 17 ...... 1082, 1583, 1845, 3096, 3150, 3151, 3152 51...... 1438 3648 76...... 375 2426...... 3572 52 ...... 1438, 2272, 3762 18...... 109 Proposed Rules: 2428...... 3572 53...... 1438 86...... 3332 1...... 2097 2432...... 3572 212...... 2104 216...... 270, 1083 22...... 2097 2433...... 3572 242...... 2104, 2109 51...... 2367 2436...... 3572, 3576 247...... 2104 222...... 270 73 ...... 270, 1843, 3188, 3406, 2437...... 3576 252...... 2104 223...... 105 3407 2439...... 3572, 3576 253...... 2109 224...... 1082 74...... 3188 2442...... 3572, 3576 1804...... 429 226...... 105, 1584 101...... 2097 2446...... 3572 1852...... 429 300...... 272 2451...... 3572 635...... 3199 48 CFR 2452...... 3572, 3576 49 CFR 648...... 275, 431 205...... 2056 2453...... 3572, 3576 1...... 220 660...... 2926

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REMINDERS New premium rates; implementation; comments by 1-31-00; published The items in this list were published 12-23-99 due by 1-31-00; published 12-1-99 editorially compiled as an aid POSTAL SERVICE 12-30-99 Federal Acquisition Regulation to Federal Register users. Domestic Mail Manual and COMMERCE DEPARTMENT (FAR): Inclusion or exclusion from International Mail Manual: National Oceanic and Davis-Bacon Act; this list has no legal Special services labels; Atmospheric Administration construction contract wage significance. barcode requirements; Endangered and threatened determination options; published 1-24-00 species: comments due by 2-1-00; published 12-3-99 RULES GOING INTO SECURITIES AND Critical habitat designationÐ EFFECT JANUARY 24, EXCHANGE COMMISSION Johnson's seagrass; Veterans' employment; comments due by 2-1-00; 2000 Electronic Data Gathering, comments due by 2-2- Analysis, and Retrieval 00; published 1-3-00 published 12-3-99 (EDGAR): Yugoslavia and Afghanistan; AGRICULTURE Fishery conservation and acquisition restrictions; DEPARTMENT Filer ManualÐ management: comments due by 1-31- Food and Nutrition Service Update adoption and Alaska; fisheries of incorporation by 00; published 12-1-99 Child nutrition programs: Exclusive Economic reference; published 1- ENVIRONMENTAL Women, infants, and ZoneÐ 20-00 PROTECTION AGENCY children; special Bering Sea and Aleutian supplemental nutrition TRANSPORTATION Islands groundfish; Air pollutants, hazardous; programÐ DEPARTMENT comments due by 2-4- national emission standards: Local agency expenditure Federal Aviation 00; published 12-21-99 Perchloroethylene emissions Administration reports; published 11-9- Magnuson-Stevens Act from dry cleaning 99 Airworthiness directives: provisionsÐ facilitiesÐ Airbus; published 12-20-99 Local agency expenditure Pacific Coast groundfish; Florida; comments due by reports; published 12- Boeing; published 12-20-99 annual specifications 1-31-00; published 12- 22-99 Bombardier; published 12- and management 28-99 AGRICULTURE 20-99 measures; comments Air pollution; standards of DEPARTMENT due by 2-3-00; performance for new Food Safety and Inspection COMMENTS DUE NEXT published 1-4-00 stationary sources: Service WEEK Northeastern United States Commercial and industrial Meat and poultry inspection: fisheriesÐ solid waste incineration Food ingredients and AGRICULTURE Atlantic mackerel, squid, units; comments due by radiation sources listed or DEPARTMENT and butterfish; 1-31-00; published 11-30- approved for use; Agricultural Marketing comments due by 2-4- 99 published 12-23-99 Service 00; published 1-5-00 Air quality implementation AGRICULTURE Cherries (tart) grown inÐ Atlantic surf clams, ocean plans; approval and DEPARTMENT Michigan et al.; comments quahogs, and Maine promulgation; various Rural Business-Cooperative due by 2-4-00; published mahogany quahogs; States: Service 1-5-00 fishing quotas; California; comments due by Grants: Sheep and lamb promotion comments due by 2-3- 2-2-00; published 1-18-00 Rural Business Opportunity and research; comments 00; published 1-4-00 Illinois; comments due by 2- Program; published 12-23- due by 2-1-00; published 1- Ocean and coastal resource 2-00; published 1-3-00 99 12-00 management: Montana; comments due by ENVIRONMENTAL Tobacco inspection: Marine sanctuariesÐ 2-2-00; published 1-3-00 PROTECTION AGENCY Burley tobacco; moisture Gray's Reef National New York; comments due Air quality implementation testing; comments due by Marine Sanctuary, GA; by 2-4-00; published 1-5- plans; approval and 1-31-00; published 12-2- management plan/ 00 promulgation; various 99 regulations review; Pesticides; tolerances in food, States: AGRICULTURE comments due by 2-1- animal feeds, and raw Source-specific plansÐ DEPARTMENT 00; published 11-19-99 agricultural commodities: Salt River Pima-Maricopa Forest Service Gray's Reef National N-acyl sarcosines and Indian Community, AZ; National Forest System land Marine Sanctuary, GA; sodium N-acyl published 11-23-99 and resource management management plan/ sarcosinates; comments FEDERAL planning; comments due by regulations review; due by 2-4-00; published COMMUNICATIONS 2-3-00; published 12-16-99 scoping meetings; 12-6-99 comments due by 2-1- COMMISSION AGRICULTURE Tetraconazole [(+/-)-2-(2,4- 00; published 12-27-99 Radio stations; table of DEPARTMENT dichlorophenyl)-3(1H-1,2,4- assignments: Food Safety and Inspection CORPORATION FOR triazol-1-yl) propyl 1,1,2,2- Mississippi; published 1-4-00 Service NATIONAL AND tetrafluoroethyl ether]; COMMUNITY SERVICE NUCLEAR REGULATORY Meat and poultry inspections: comments due by 2-4-00; COMMISSION Inspection servicesÐ AmeriCorps education awards; published 12-6-99 comments due by 1-31-00; Early site permits standard Retail operations Superfund program: published 12-1-99 design certifications and exemption from National oil and hazardous combined licenses for requirements; comments DEFENSE DEPARTMENT substances contingency nuclear power plants: due by 2-3-00; Civilian health and medical planÐ AP600 design certification; published 1-4-00 program of uniformed National priorities list published 12-23-99 COMMERCE DEPARTMENT services (CHAMPUS): update; comments due PERSONNEL MANAGEMENT Export Administration TRICARE programÐ by 1-31-00; published OFFICE Bureau Retiree Dental Program; 12-30-99 Group life insurance, Federal Chemical Weapons expansion of dependent National priorities list employees: Convention regulations; eligibility; comments due update; comments due

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by 1-31-00; published High performance bonus Ergonomics program; Certified development 12-30-99 rewards to States; comments due by 2-1-00; companies; areas of Toxic substances: comments due by 2-4- published 11-23-99 operations; comments due Significant new usesÐ 00; published 12-6-99 LABOR DEPARTMENT by 1-31-00; published 12- 1-99 Halogenated benzyl ester HEALTH AND HUMAN Wage and Hour Division SERVICES DEPARTMENT acrylate, etc.; comments Child labor; civil money OFFICE OF UNITED STATES Food and Drug due by 2-4-00; penalties; inflation TRADE REPRESENTATIVE Administration published 1-5-00 adjustment; comments due Trade Representative, Office Freedom of Information Act; Water supply: by 1-31-00; published 11- of United States implementation; comments 30-99 Tariff-rate quota National primary drinking due by 2-2-00; published implementation for imports water regulationsÐ 11-4-99 NATIONAL AERONAUTICS of sugar-containing products; Radon-222; maximum Human drugs: AND SPACE contaminant level goal; ADMINISTRATION comments due by 1-31-00; Prescription drug marketing; published 12-1-99 public health protection; comments due by 2-1-00; Federal Acquisition Regulation comments due by 2-4- published 12-3-99 (FAR): TRANSPORTATION DEPARTMENT 00; published 12-21-99 HEALTH AND HUMAN Davis-Bacon Act; FEDERAL SERVICES DEPARTMENT construction contract wage Coast Guard COMMUNICATIONS Health Care Financing determination options; American Society for Testing COMMISSION Administration comments due by 2-1-00; and Materials (ASTM); Digital television stations; table Medicaid: published 12-3-99 standards incorporated by of assignments: Managed care organizations; Veterans' employment; reference; update; Indiana; comments due by external quality review; comments due by 2-1-00; comments due by 1-31-00; 1-31-00; published 12-17- comments due by 1-31- published 12-3-99 published 12-1-99 99 00; published 12-1-99 NATIONAL ARCHIVES AND Regattas and marine parades: Radio frequency devices: Medicare and Medicaid RECORDS ADMINISTRATION Port of Miami, FL; OPSAIL programs: Radio services operating Records management: 2000; comments due by Religious nonmedical health below 30 MHz; conducted 1-31-00; published 12-17- care institutions and Agency records centers; 99 emission limits; comments advance directives; storage standards update; due by 1-31-00; published comments due by 1-31- TRANSPORTATION comments due by 1-31- DEPARTMENT 11-16-99 00; published 11-30-99 00; published 12-2-99 Federal Aviation Radio stations; table of INTERIOR DEPARTMENT NATIONAL CREDIT UNION Administration assignments: Fish and Wildlife Service ADMINISTRATION Arizona; comments due by Endangered and threatened Credit unions: Airworthiness directives: 1-31-00; published 12-30- species: Share insurance and Airbus; comments due by 1- 99 Spalding's catchfly; appendix; update and 31-00; published 12-30-99 California; comments due by comments due by 2-1-00; clarification; comments Alexander Schleicher 1-31-00; published 12-30- published 12-3-99 due by 1-31-00; published Segelflugzeugbau; 99 INTERIOR DEPARTMENT 11-30-99 comments due by 1-31- 00; published 12-28-99 Louisiana; comments due by Minerals Management POSTAL SERVICE 1-31-00; published 12-30- Boeing; comments due by Service Domestic Mail Manual: 99 Royalty management: 1-31-00; published 11-30- Palletized standard mail and Virginia and Maryland; Oil value for royalty due on 99 bound printed matter, etc.; comments due by 1-31- Federal leases; Constucciones Aeronauticas, preparation changes; 00; published 12-17-99 establishment; comments S.A.; comments due by 2- comments due by 2-3-00; due by 1-31-00; published 4-00; published 1-5-00 GENERAL SERVICES published 1-4-00 ADMINISTRATION 12-30-99 Eurocopter Deutschland JUSTICE DEPARTMENT RAILROAD RETIREMENT GmbH; comments due by Federal Acquisition Regulation BOARD (FAR): Drug Enforcement 1-31-00; published 12-2- Administration Railroad Unemployment 99 Davis-Bacon Act; Insurance Act: construction contract wage List I chemical manufacturers, Eurocopter France; determination options; distributors, importers, and Sickness and unemployment comments due by 1-31- comments due by 2-1-00; exporters; registration: benefits; waiting period 00; published 11-30-99 published 12-3-99 Registration and shortened, etc.; comments Fokker; comments due by reregistration fees; due by 2-1-00; published Veterans' employment; 2-3-00; published 1-4-00 comments due by 1-31- 12-3-99 comments due by 2-1-00; 00; published 12-1-99 Hartzell Propeller, Inc.; published 12-3-99 SECURITIES AND comments due by 2-1-00; Correction; comments due Yugoslavia and Afghanistan; EXCHANGE COMMISSION published 12-3-99 by 1-31-00; published Public utility holding acquisition restrictions; 12-16-99 Rolls Royce, plc; comments comments due by 1-31- companies: LABOR DEPARTMENT due by 2-1-00; published 00; published 12-1-99 Acquisition of U.S. utilities 12-3-99 Employment and Training by foreign companies; HEALTH AND HUMAN Administration Saab; comments due by 2- SERVICES DEPARTMENT internationalization; 4-00; published 1-5-00 Birth and adoption comments due by 2-4-00; Children and Families Turbomeca Arrius; unemployment published 12-21-99 Administration compensation; comments comments due by 1-31- Securities: Personal Responsibility and due by 2-2-00; published 1- 00; published 12-1-99 Work Opportunity 13-00 Unlisted trading privileges; Class D airspace; comments Reconciliation Act of 1996; LABOR DEPARTMENT comments due by 1-31- due by 2-4-00; published 1- 00; published 12-15-99 implementation: Occupational Safety and 5-00 Temporary Assistance for Health Administration SMALL BUSINESS Class E airspace; comments Needy Families Occupational safety and health ADMINISTRATION due by 1-31-00; published ProgramÐ standards: Business loans: 12-17-99

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TREASURY DEPARTMENT VETERANS AFFAIRS convenes on January 24, DEPARTMENT 2000. Internal Revenue Service LIST OF PUBLIC LAWS Adjudication; pensions, A Cumulative List of Public Income taxes: Note: The List of Public Laws compensation, dependency, Laws for the first session of for the first session of the the 106th Congress will be Treasury securities, etc.: 106th Congress has been published in the Federal reopening; original issue completed and will resume Register on December 30, discount; comments due Well-grounded claims; when bills are enacted into 1999. by 2-3-00; published 11-5- comments due by 1-31- law during the second session 99 00; published 12-2-99 of the 106th Congress, which Last List December 21, 1999.

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–038–00037–7) ...... 50.00 Jan. 1, 1999 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–038–00038–5) ...... 42.00 Jan. 1, 1999 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–038–00039–3) ...... 17.00 Jan. 1, 1999 numbers, prices, and revision dates. 200–1199 ...... (869–038–00040–7) ...... 28.00 Jan. 1, 1999 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–038–00041–5) ...... 24.00 Jan. 1, 1999 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–038–00042–3) ...... 25.00 Jan. 1, 1999 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–038–00043–1) ...... 36.00 Jan. 1, 1999 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–038–00044–0) ...... 24.00 Jan. 1, 1999 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–038–00045–8) ...... 32.00 Jan. 1, 1999 Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–038–00046–6) ...... 37.00 Jan. 1, 1999 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–038–00048–2) ...... 29.00 Apr. 1, 1999 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–038–00049–1) ...... 34.00 Apr. 1, 1999 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–038–00050–4) ...... 44.00 Apr. 1, 1999 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–399 ...... (869–038–00051–2) ...... 48.00 Apr. 1, 1999 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–038–00052–1) ...... 14.00 Apr. 1, 1999 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–038–00053–9) ...... 37.00 Apr. 1, 1999 charge orders to (202) 512-2250. 141–199 ...... (869–038–00054–7) ...... 36.00 Apr. 1, 1999 200–End ...... (869–038–00055–5) ...... 18.00 Apr. 1, 1999 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–038–00001–6) ...... 5.00 5 Jan. 1, 1999 1–399 ...... (869–038–00056–3) ...... 30.00 Apr. 1, 1999 3 (1997 Compilation 400–499 ...... (869–038–00057–1) ...... 51.00 Apr. 1, 1999 and Parts 100 and 500–End ...... (869–038–00058–0) ...... 44.00 7 Apr. 1, 1999 1 101) ...... (869–038–00002–4) ...... 20.00 Jan. 1, 1999 21 Parts: 4 ...... (869–038–00003–2) ...... 7.00 5 Jan. 1, 1999 1–99 ...... (869–038–00059–8) ...... 24.00 Apr. 1, 1999 100–169 ...... (869–038–00060–1) ...... 28.00 Apr. 1, 1999 5 Parts: 170–199 ...... (869–038–00061–0) ...... 29.00 Apr. 1, 1999 1–699 ...... (869–038–00004–1) ...... 37.00 Jan. 1, 1999 200–299 ...... (869–038–00062–8) ...... 11.00 Apr. 1, 1999 700–1199 ...... (869–038–00005–9) ...... 27.00 Jan. 1, 1999 300–499 ...... (869–038–00063–6) ...... 50.00 Apr. 1, 1999 1200–End, 6 (6 500–599 ...... (869–038–00064–4) ...... 28.00 Apr. 1, 1999 Reserved) ...... (869–038–00006–7) ...... 44.00 Jan. 1, 1999 600–799 ...... (869–038–00065–2) ...... 9.00 Apr. 1, 1999 7 Parts: 800–1299 ...... (869–038–00066–1) ...... 35.00 Apr. 1, 1999 1–26 ...... (869–038–00007–5) ...... 25.00 Jan. 1, 1999 1300–End ...... (869–038–00067–9) ...... 14.00 Apr. 1, 1999 27–52 ...... (869–038–00008–3) ...... 32.00 Jan. 1, 1999 22 Parts: 53–209 ...... (869–038–00009–1) ...... 20.00 Jan. 1, 1999 1–299 ...... (869–038–00068–7) ...... 44.00 Apr. 1, 1999 210–299 ...... (869–038–00010–5) ...... 47.00 Jan. 1, 1999 300–End ...... (869–038–00069–5) ...... 32.00 Apr. 1, 1999 300–399 ...... (869–038–00011–3) ...... 25.00 Jan. 1, 1999 400–699 ...... (869–038–00012–1) ...... 37.00 Jan. 1, 1999 23 ...... (869–038–00070–9) ...... 27.00 Apr. 1, 1999 700–899 ...... (869–038–00013–0) ...... 32.00 Jan. 1, 1999 24 Parts: 900–999 ...... (869–038–00014–8) ...... 41.00 Jan. 1, 1999 0–199 ...... (869–038–00071–7) ...... 34.00 Apr. 1, 1999 1000–1199 ...... (869–038–00015–6) ...... 46.00 Jan. 1, 1999 200–499 ...... (869–038–00072–5) ...... 32.00 Apr. 1, 1999 1200–1599 ...... (869–038–00016–4) ...... 34.00 Jan. 1, 1999 500–699 ...... (869–038–00073–3) ...... 18.00 Apr. 1, 1999 1600–1899 ...... (869–038–00017–2) ...... 55.00 Jan. 1, 1999 700–1699 ...... (869–038–00074–1) ...... 40.00 Apr. 1, 1999 1900–1939 ...... (869–038–00018–1) ...... 19.00 Jan. 1, 1999 1700–End ...... (869–038–00075–0) ...... 18.00 Apr. 1, 1999 1940–1949 ...... (869–038–00019–9) ...... 34.00 Jan. 1, 1999 25 ...... (869–038–00076–8) ...... 47.00 Apr. 1, 1999 1950–1999 ...... (869–038–00020–2) ...... 41.00 Jan. 1, 1999 2000–End ...... (869–038–00021–1) ...... 27.00 Jan. 1, 1999 26 Parts: §§ 1.0-1–1.60 ...... (869–038–00077–6) ...... 27.00 Apr. 1, 1999 8 ...... (869–038–00022–9) ...... 36.00 Jan. 1, 1999 §§ 1.61–1.169 ...... (869–038–00078–4) ...... 50.00 Apr. 1, 1999 9 Parts: §§ 1.170–1.300 ...... (869–038–00079–2) ...... 34.00 Apr. 1, 1999 1–199 ...... (869–038–00023–7) ...... 42.00 Jan. 1, 1999 §§ 1.301–1.400 ...... (869–038–00080–6) ...... 25.00 Apr. 1, 1999 200–End ...... (869–038–00024–5) ...... 37.00 Jan. 1, 1999 §§ 1.401–1.440 ...... (869–038–00081–4) ...... 43.00 Apr. 1, 1999 §§ 1.441-1.500 ...... (869-038-00082-2) ...... 30.00 Apr. 1, 1999 10 Parts: §§ 1.501–1.640 ...... (869–038–00083–1) ...... 27.00 7 Apr. 1, 1999 1–50 ...... (869–038–00025–3) ...... 42.00 Jan. 1, 1999 §§ 1.641–1.850 ...... (869–038–00084–9) ...... 35.00 Apr. 1, 1999 51–199 ...... (869–038–00026–1) ...... 34.00 Jan. 1, 1999 §§ 1.851–1.907 ...... (869–038–00085–7) ...... 40.00 Apr. 1, 1999 200–499 ...... (869–038–00027–0) ...... 33.00 Jan. 1, 1999 §§ 1.908–1.1000 ...... (869–038–00086–5) ...... 38.00 Apr. 1, 1999 500–End ...... (869–038–00028–8) ...... 43.00 Jan. 1, 1999 §§ 1.1001–1.1400 ...... (869–038–00087–3) ...... 40.00 Apr. 1, 1999 11 ...... (869–038–00029–6) ...... 20.00 Jan. 1, 1999 §§ 1.1401–End ...... (869–038–00088–1) ...... 55.00 Apr. 1, 1999 2–29 ...... (869–038–00089–0) ...... 39.00 Apr. 1, 1999 12 Parts: 30–39 ...... (869–038–00090–3) ...... 28.00 Apr. 1, 1999 1–199 ...... (869–038–00030–0) ...... 17.00 Jan. 1, 1999 40–49 ...... (869–038–00091–1) ...... 17.00 Apr. 1, 1999 200–219 ...... (869–038–00031–8) ...... 20.00 Jan. 1, 1999 50–299 ...... (869–038–00092–0) ...... 21.00 Apr. 1, 1999 220–299 ...... (869–038–00032–6) ...... 40.00 Jan. 1, 1999 300–499 ...... (869–038–00093–8) ...... 37.00 Apr. 1, 1999 300–499 ...... (869–038–00033–4) ...... 25.00 Jan. 1, 1999 500–599 ...... (869–038–00094–6) ...... 11.00 Apr. 1, 1999 500–599 ...... (869–038–00034–2) ...... 24.00 Jan. 1, 1999 600–End ...... (869–038–00095–4) ...... 11.00 Apr. 1, 1999 600–End ...... (869–038–00035–1) ...... 45.00 Jan. 1, 1999 27 Parts: 13 ...... (869–038–00036–9) ...... 25.00 Jan. 1, 1999 1–199 ...... (869–038–00096–2) ...... 53.00 Apr. 1, 1999

VerDate 04-JAN-2000 18:16 Jan 21, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\24JACL.LOC pfrm02 PsN: 24JACL viii Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–038–00097–1) ...... 17.00 Apr. 1, 1999 260–265 ...... (869–038–00151–9) ...... 32.00 July 1, 1999 ...... 28 Parts: ...... 266–299 (869–038–00152–7) 33.00 July 1, 1999 300–399 ...... (869–038–00153–5) ...... 26.00 July 1, 1999 0-42 ...... (869–038–00098–9) ...... 39.00 July 1, 1999 400–424 ...... (869–038–00154–3) ...... 34.00 July 1, 1999 43-end ...... (869-038-00099-7) ...... 32.00 July 1, 1999 425–699 ...... (869–038–00155–1) ...... 44.00 July 1, 1999 29 Parts: 700–789 ...... (869–038–00156–0) ...... 42.00 July 1, 1999 0–99 ...... (869–038–00100–4) ...... 28.00 July 1, 1999 790–End ...... (869–038–00157–8) ...... 23.00 July 1, 1999 100–499 ...... (869–038–00101–2) ...... 13.00 July 1, 1999 41 Chapters: 8 500–899 ...... (869–038–00102–1) ...... 40.00 July 1, 1999 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–038–00103–9) ...... 21.00 July 1, 1999 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1900 to 3–6 ...... 14.00 3 July 1, 1984 1910.999) ...... (869–038–00104–7) ...... 46.00 July 1, 1999 7 ...... 6.00 3 July 1, 1984 1910 (§§ 1910.1000 to 8 ...... 4.50 3 July 1, 1984 end) ...... (869–038–00105–5) ...... 28.00 July 1, 1999 9 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–038–00106–3) ...... 18.00 July 1, 1999 10–17 ...... 9.50 3 July 1, 1984 1926 ...... (869–038–00107–1) ...... 30.00 July 1, 1999 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1927–End ...... (869–038–00108–0) ...... 43.00 July 1, 1999 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 30 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 1–199 ...... (869–038–00109–8) ...... 35.00 July 1, 1999 19–100 ...... 13.00 3 July 1, 1984 200–699 ...... (869–038–00110–1) ...... 30.00 July 1, 1999 1–100 ...... (869–038–00158–6) ...... 14.00 July 1, 1999 700–End ...... (869–038–00111–0) ...... 35.00 July 1, 1999 101 ...... (869–038–00159–4) ...... 39.00 July 1, 1999 102–200 ...... (869–038–00160–8) ...... 16.00 July 1, 1999 31 Parts: 201–End ...... (869–038–00161–6) ...... 15.00 July 1, 1999 0–199 ...... (869–038–00112–8) ...... 21.00 July 1, 1999 200–End ...... (869–038–00113–6) ...... 48.00 July 1, 1999 42 Parts: 1–399 ...... (869–038–00162–4) ...... 36.00 Oct. 1, 1999 32 Parts: 400–429 ...... (869–034–00163–2) ...... 44.00 Oct. 1, 1999 1–39, Vol. I ...... 15.00 2 July 1, 1984 430–End ...... (869–038–00164–1) ...... 54.00 Oct. 1, 1999 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 43 Parts: 1–190 ...... (869–038–00114–4) ...... 46.00 July 1, 1999 1–999 ...... (869–034–00164–5) ...... 30.00 Oct. 1, 1998 191–399 ...... (869–038–00115–2) ...... 55.00 July 1, 1999 1000–end ...... (869–034–00165–3) ...... 48.00 Oct. 1, 1998 400–629 ...... (869–038–00116–1) ...... 32.00 July 1, 1999 44 ...... (869–038–00167–5) ...... 28.00 Oct. 1, 1999 630–699 ...... (869–038–00117–9) ...... 23.00 July 1, 1999 700–799 ...... (869–038–00118–7) ...... 27.00 July 1, 1999 45 Parts: 800–End ...... (869–038–00119–5) ...... 27.00 July 1, 1999 1–199 ...... (869–038–00168–3) ...... 33.00 Oct. 1, 1999 200–499 ...... (869–038–00169–1) ...... 16.00 Oct. 1, 1999 33 Parts: 500–1199 ...... (869–034–00170–5) ...... 30.00 Oct. 1, 1999 1–124 ...... (869–038–00120–9) ...... 32.00 July 1, 1999 1200–End ...... (869–034–00170–0) ...... 39.00 Oct. 1, 1998 125–199 ...... (869–038–00121–7) ...... 41.00 July 1, 1999 200–End ...... (869–038–00122–5) ...... 33.00 July 1, 1999 46 Parts: *1–40 ...... (869–038–00172–1) ...... 27.00 Oct. 1, 1999 34 Parts: 41–69 ...... (869–034–00172–6) ...... 21.00 Oct. 1, 1998 1–299 ...... (869–038–00123–3) ...... 28.00 July 1, 1999 70–89 ...... (869–034–00173–4) ...... 8.00 Oct. 1, 1998 300–399 ...... (869–038–00124–1) ...... 25.00 July 1, 1999 90–139 ...... (869–038–00175–6) ...... 26.00 Oct. 1, 1999 400–End ...... (869–038–00125–0) ...... 46.00 July 1, 1999 140–155 ...... (869–038–00176–4) ...... 15.00 Oct. 1, 1999 35 ...... (869–038–00126–8) ...... 14.00 8 July 1, 1998 156–165 ...... (869–038–00177–2) ...... 21.00 Oct. 1, 1999 166–199 ...... (869–034–00177–7) ...... 25.00 Oct. 1, 1998 36 Parts 200–499 ...... (869–034–00178–5) ...... 22.00 Oct. 1, 1998 1–199 ...... (869–038–00127–6) ...... 21.00 July 1, 1999 500–End ...... (869–038–00180–2) ...... 15.00 Oct. 1, 1999 200–299 ...... (869–038–00128–4) ...... 23.00 July 1, 1999 300–End ...... (869–038–00129–2) ...... 38.00 July 1, 1999 47 Parts: *0–19 ...... (869–038–00181–1) ...... 39.00 Oct. 1, 1999 37 (869–038–00130–6) ...... 29.00 July 1, 1999 20–39 ...... (869–034–00181–5) ...... 27.00 Oct. 1, 1998 38 Parts: 40–69 ...... (869–034–00182–3) ...... 24.00 Oct. 1, 1998 0–17 ...... (869–038–00131–4) ...... 37.00 July 1, 1999 70–79 ...... (869–034–00183–1) ...... 37.00 Oct. 1, 1998 18–End ...... (869–038–00132–2) ...... 41.00 July 1, 1999 80–End ...... (869–034–00184–0) ...... 40.00 Oct. 1, 1998 39 ...... (869–038–00133–1) ...... 24.00 July 1, 1999 48 Chapters: 1 (Parts 1–51) ...... (869–038–00186–1) ...... 55.00 Oct. 1, 1999 40 Parts: 1 (Parts 52–99) ...... (869–034–00186–6) ...... 29.00 Oct. 1, 1998 1–49 ...... (869–038–00134–9) ...... 33.00 July 1, 1999 2 (Parts 201–299) ...... (869–034–00187–4) ...... 34.00 Oct. 1, 1998 50–51 ...... (869–038–00135–7) ...... 25.00 July 1, 1999 3–6 ...... (869–034–00189–6) ...... 27.00 Oct. 1, 1999 52 (52.01–52.1018) ...... (869–038–00136–5) ...... 33.00 July 1, 1999 7–14 ...... (869–034–00189–1) ...... 32.00 Oct. 1, 1998 52 (52.1019–End) ...... (869–038–00137–3) ...... 37.00 July 1, 1999 15–28 ...... (869–034–00190–4) ...... 33.00 Oct. 1, 1998 53–59 ...... (869–038–00138–1) ...... 19.00 July 1, 1999 29–End ...... (869–038–00192–6) ...... 25.00 Oct. 1, 1999 60 ...... (869–038–00139–0) ...... 59.00 July 1, 1999 61–62 ...... (869–038–00140–3) ...... 19.00 July 1, 1999 49 Parts: 63 (63.1–63.1119) ...... (869–038–00141–1) ...... 58.00 July 1, 1999 1–99 ...... (869–038–00193–4) ...... 34.00 Oct. 1, 1999 63 (63.1200–End) ...... (869–038–00142–0) ...... 36.00 July 1, 1999 100–185 ...... (869–034–00193–9) ...... 50.00 Oct. 1, 1998 64–71 ...... (869–038–00143–8) ...... 11.00 July 1, 1999 186–199 ...... (869–038–00195–1) ...... 13.00 Oct. 1, 1999 72–80 ...... (869–038–00144–6) ...... 41.00 July 1, 1999 200–399 ...... (869–034–00195–5) ...... 46.00 Oct. 1, 1998 81–85 ...... (869–038–00145–4) ...... 33.00 July 1, 1999 400–999 ...... (869–034–00196–3) ...... 54.00 Oct. 1, 1998 86 ...... (869–038–00146–2) ...... 59.00 July 1, 1999 *1000–1199 ...... (869–038–00198–5) ...... 17.00 Oct. 1, 1999 87-135 ...... (869–038–00146–1) ...... 53.00 July 1, 1999 1200–End ...... (869–034–00198–0) ...... 13.00 Oct. 1, 1998 136–149 ...... (869–038–00148–9) ...... 40.00 July 1, 1999 50 Parts: 150–189 ...... (869–038–00149–7) ...... 35.00 July 1, 1999 *1–199 ...... (869–038–00200–1) ...... 43.00 Oct. 1, 1999 190–259 ...... (869–038–00150–1) ...... 23.00 July 1, 1999 200–599 ...... (869–038–00201–9) ...... 22.00 Oct. 1, 1999

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Title Stock Number Price Revision Date 600–End ...... (869–034–00201–3) ...... 33.00 Oct. 1, 1998 CFR Index and Findings Aids ...... (869–038–00047–4) ...... 48.00 Jan. 1, 1999 Complete 1998 CFR set ...... 951.00 1998 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1998 Individual copies ...... 1.00 1998 Complete set (one-time mailing) ...... 247.00 1997 Complete set (one-time mailing) ...... 264.00 1996 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 5 No amendments to this volume were promulgated during the period January 1, 1998 through December 31, 1998. The CFR volume issued as of January 1, 1997 should be retained. 7 No amendments to this volume were promulgated during the period April 1, 1998, through April 1, 1999. The CFR volume issued as of April 1, 1998, should be retained. 8 No amendments to this volume were promulgated during the period July 1, 1998, through July 1, 1999. The CFR volume issued as of July 1, 1998, should be retained.

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