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1 II Federal Register / Vol. 65, No. 59 / Monday, March 27, 2000
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2 III
Contents Federal Register Vol. 65, No. 59
Monday, March 27, 2000
Advisory Commission on Electronic Commerce Small Business Competitiveness Demonstration Program, See Electronic Commerce Advisory Commission 16275–16276 Small entity compliance guide, 16286–16287 Agriculture Department Technical amendments, 16285–16286 See Animal and Plant Health Inspection Service See Farm Service Agency Education Department See Forest Service NOTICES See Natural Resources Conservation Service Agency information collection activities: Proposed collection; comment request, 16192–16193 Animal and Plant Health Inspection Service Submission for OMB review; comment request, 16193– RULES 16194 User fees: Grants and cooperative agreements; availability, etc.: Veterinary services— Jacob K. Javits Gifted and Talented Education Program, Export certificate endorsements, 16122–16124 16290–16291 Meetings: Army Department Web-Based Education Commission, 16194 See Engineers Corps NOTICES Electronic Commerce Advisory Commission Meetings: NOTICES U.S. Military Academy, Board of Visitors, 16190 Meetings, 16163 Census Bureau Employment and Training Administration NOTICES Surveys, determinations, etc.: NOTICES Manufacturers’ shipments, inventories, and orders; Adjustment assistance: unfilled orders benchmark survey, 16165–16166 Alliant Tech Systems et al., 16220–16221 Cluett, Peabody & Company, Inc., 16221 Centers for Disease Control and Prevention Condor DC Power Supplies, Inc., 16221–16222 NOTICES Freeport-McMoRan Sulphur, L.L.C., 16222 Agency information collection activities: Justin Boot Co., 16222 Proposed collection; comment request, 16204–16206 Philadelphia Gear Corp. et al., 16222–16223 Renfro Corp. et al., 16223–16224 Commerce Department Thomas Energy Services, 16224 See Census Bureau Adjustment assistance and NAFTA transitional adjustment See International Trade Administration assistance: See National Institute of Standards and Technology Case Corp., 16220 See National Oceanic and Atmospheric Administration Environmental statements; availability, etc.: Gillis W. Long Hansen’s Disease Center, LA; Job Corps Committee for the Implementation of Textile Agreements Center, 16224–16226 NOTICES Meetings: Cotton, wool, and man-made textiles: Migrant and Seasonal Farmworker Employment and Oman, 16188 Training Advisory Committee, 16226 Thailand, 16188–16189 NAFTA transitional adjustment assistance: AMP, Inc., 16226–16227 Comptroller of the Currency Superior-Essex, 16227 NOTICES Agency information collection activities: Energy Department Proposed collection; comment request, 16242 See Federal Energy Regulatory Commission RULES Corporation for National and Community Service Assistance to foreign atomic energy activities: NOTICES Miscellaneous amendments, 16124–16128 Agency information collection activities: NOTICES Proposed collection; comment request, 16189–16190 Defense Nuclear Facilities Safety Board recommendations: Nuclear material stabilization and storage, 16194–16195 Defense Department See Army Department Engineers Corps See Engineers Corps NOTICES RULES Environmental statements; notice of intent: Federal Acquisition Regulation (FAR): Black Warrior and Tombigbee Rivers, AL; operation and Introduction, 16274–16275 maintenance dredging activities, 16190–16191 Progress payments and related financing policies, 16276– Pocahontas County, WV; Marlinton local flood protection 16285 project, 16191–16192
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Environmental Protection Agency Federal Energy Regulatory Commission RULES NOTICES Pesticides; tolerances in food, animal feeds, and raw Meetings; Sunshine Act, 16196 agricultural commodities: Applications, hearings, determinations, etc.: Dichlormid, 16143–16149 PSI Energy, Inc., et al., 16195 NOTICES Southern Natural Gas Co., 16195 Air programs: Tucson Electric Power Co., 16196 State implementation plans; adequacy status for transportation conformity purposes— Federal Reserve System New York, 16196 NOTICES Meetings: Banks and bank holding companies: Gulf of Mexico Program Citizens Advisory Committee, Change in bank control, 16203 16197 Formations, acquisitions, and mergers, 16203–16204 National Drinking Water Advisory Council, 16197 Pesticide programs: Federal Trade Commission Organophosphates; risk assessments and public RULES participation in risk management— Appliances, consumer; energy consumption and water use Phostebupirim and tetrachlorvinphos, 16197–16199 information in labeling and advertising: Pesticide registration, cancellation, etc.: Comparability ranges— ISK Biosciences Corp. et al., 16199–16200 Clothes washers; front-loading and top-loading Reports and guidance documents; availability, etc.: subcategories eliminated, 16132–16142 Freshwater invertebrates, toxicity and bioaccumulation of sediment-associated contaminants; measurement Fish and Wildlife Service methodology, 16200–16201 NOTICES Environmental statements; notice of intent: Farm Service Agency Bair Island, Don Edwards San Francisco Bay National RULES Wildlife Refuge, CA; restoration and management Farm marketing quotas, acreage allotments, and production plan, 16217–16218 adjustments: Meetings: Peanuts, 16117–16118 Aquatic Nuisance Species Task Force, 16218
Federal Aviation Administration Food and Drug Administration RULES NOTICES Airworthiness directives: Meetings: Learjet, 16129–16130 Advisory committees; tentative schedule, 16206–16207 Airworthiness standards: Special conditions— Forest Service McDonnell Douglas DC-9-30 series airplanes, 16128– NOTICES 16129 Environmental statements; notice of intent: Class C and Class E airspace, 16130–16131 Superior National Forest, MN, 16163–16165 Class E airspace; correction, 16131–16132 PROPOSED RULES General Services Administration Airworthiness directives: RULES Airbus, 16151–16158 Federal Acquisition Regulation (FAR): Dornier, 16153–16154 Introduction, 16274–16275 Saab, 16154–16160 NOTICES Progress payments and related financing policies, 16276– Meetings: 16285 RTCA, Inc., 16240–16241 Small Business Competitiveness Demonstration Program, 16275–16276 Federal Communications Commission Small entity compliance guide, 16286–16287 RULES Technical amendments, 16285–16286 Radio stations; table of assignments: Texas, 16149 Health and Human Services Department PROPOSED RULES See Centers for Disease Control and Prevention Radio stations; table of assignments: See Food and Drug Administration Florida, 16160–16161 See National Institutes of Health NOTICES NOTICES Agency information collection activities: Committees; establishment, renewal, termination, etc.: Proposed collection; comment request, 16201–16202 Vital and Health Statistics National Committee, 16204 Common carrier services: Wireless telecommunications services— Housing and Urban Development Department Fixed, mobile, and broadcasting service in 747-762 and RULES 777-792 MHz bands; auction of licenses, 16202– Housing programs: 16203 Uniform financial reporting standards; annual financial report filing date, 16294–16296 Federal Deposit Insurance Corporation NOTICES NOTICES Grant and cooperative agreement awards: Meetings; Sunshine Act, 16203 Troubled Agency Recovery Office, 16215–16216
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Mortgage and loan insurance programs: NOTICES Credit Watch Termination Initiative; list of mortgagees Meetings: whose Origination Approval Agreements have been Advisory Council terminated, 16216–16217 Aero-Space Technology Advisory Committee, 16230 Patent licenses; non-exclusive, exclusive, or partially Interior Department exclusive: See Fish and Wildlife Service Horton’s Orthotic Lab, Inc, 16230 See Land Management Bureau See Reclamation Bureau National Archives and Records Administration NOTICES Internal Revenue Service Records scheduling and appraisal policies and process RULES review; comment request, 16230 Income taxes: Tax-exempt organizations; travel and tour activities Correction, 16143 National Institute of Standards and Technology NOTICES International Trade Administration Meetings: NOTICES Computer System Security and Privacy Advisory Board, Agency information collection activities: 16178–16179 Proposed collection; comment request, 16166 Antidumping: National Institutes of Health Bars and wedges and hammers and sledges from— NOTICES China; correction, 16167 Grants and cooperative agreements; availability, etc.: Brass sheet and strip from— National Cancer Institute— Netherlands, 16167–16168 Factors that inhibit human immunodeficiency virus Cold-rolled carbon steel flat products from— (HIV) replication; research, purification, and Netherlands, 16168–16169 further development, 16207–16209 Corrosion-resistant carbon steel flat products from— GADD45 polypeptide activity, novel inhibitors; Japan, 16169–16171 screening, development, and commercialization, Cut-to-length carbon steel plate from— 16209–16211 Romania, 16171–16173 Meetings: Steel wire rope from— Director’s Council of Public Representatives, 16211 Various countries, 16173–16175 National Cancer Institute, 16211 Antidumping and countervailing duties: National Heart, Lung, and Blood Institute, 16211–16212 Five-year (sunset) reviews— National Institute of Allergy and Infectious Diseases, Preliminary results; time limit extension, 16166–16167 16213 Countervailing duties: National Institute of Mental Health, 16212 Corrosion-resistant carbon steel flat products, cold-rolled National Institute on Aging, 16212 carbon steel flat products, and cut-to-length carbon National Institute on Alcohol Abuse and Alcoholism, steel plate products from— 16213 Germany, 16176–16178 National Institute on Drug Abuse, 16212–16213 National Library of Medicine, 16213 Labor Department Scientific Review Center, 16213–16215 See Employment and Training Administration See Mine Safety and Health Administration National Oceanic and Atmospheric Administration Land Management Bureau RULES NOTICES Fishery conservation and management: Survey plat filings: Alaska; fisheries of Exclusive Economic Zone— Oregon and Washington, 16218–16219 Steller sea lion critical habitat; trawling, 16150 NOTICES Grants and cooperative agreements; availability, etc.: Mine Safety and Health Administration Fisheries Finance Program, 16179–16181 NOTICES National Marine Aquaculture Initiative, 16181–16185 Agency information collection activities: Meetings: Proposed collection; comment request, 16227–16229 Gulf of Mexico Fishery Management Council, 16185– 16186 National Aeronautics and Space Administration New England Fishery Management Council, 16186 RULES North Pacific Fishery Management Council, 16187–16188 Federal Acquisition Regulation (FAR): Sharks; conservation and management; national plan of Introduction, 16274–16275 action, 16186–16187 Progress payments and related financing policies, 16276– 16285 Small Business Competitiveness Demonstration Program, Natural Resources Conservation Service 16275–16276 NOTICES Small entity compliance guide, 16286–16287 Field office technical guides; changes: Technical amendments, 16285–16286 North Dakota, 16165
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Northeast Dairy Compact Commission Surface Transportation Board RULES NOTICES Over-order price regulations: Railroad operation, acquisition, construction, etc.: Compact over-order price regulations— Burlington Northern & Santa Fe Railway Co., 16241– Definitions and required action dates; technical 16242 amendments, 16118–16122 Tennessee Valley Authority Nuclear Regulatory Commission NOTICES PROPOSED RULES Meetings; Sunshine Act, 16238–16239 Fee schedules revision; 100% fee recovery (2000 FY), 16250–16272 Textile Agreements Implementation Committee NOTICES See Committee for the Implementation of Textile Applications, hearings, determinations, etc.: Agreements Consolidated Edison Co. of New York, Inc., 16230–16232 Transportation Department Personnel Management Office See Federal Aviation Administration NOTICES See Research and Special Programs Administration Agency information collection activities: See Surface Transportation Board Proposed collection; comment request, 16232–16233 NOTICES Aviation proceedings: Public Health Service Agreements filed; weekly receipts, 16239–16240 Certificates of public convenience and necessity and See Centers for Disease Control and Prevention foreign air carrier permits; weekly applications, See Food and Drug Administration 16240 See National Institutes of Health Treasury Department Reclamation Bureau See Comptroller of the Currency NOTICES See Internal Revenue Service Environmental statements; notice of intent: Navajo-Gallup Water Supply Project, NM, 16219–16220 Twenty-First Century Workforce Commission NOTICES Research and Special Programs Administration Meetings, 16242–16243 PROPOSED RULES Hazardous materials: Veterans Affairs Department Tank cars and cargo tank motor vehicles; attendance NOTICES requirements; withdrawn, 16161–16162 Agency information collection activities: Proposed collection; comment request, 16243–16246 Securities and Exchange Commission Submission for OMB review; comment request, 16246 PROPOSED RULES Committees; establishment, renewal, termination, etc.: Securities: Special Medical Advisory Group, 16246 Selective disclosure and insider trading, 16160 Meetings: NOTICES Cemeteries and Memorials Advisory Committee, 16246– Meetings; Sunshine Act, 16234–16235 16247 Self-regulatory organizations; proposed rule changes: Special Medical Advisory Group, 16247 New York Stock Exchange, Inc., 16235 Pacific Exchange, Inc., 16235–16236 Applications, hearings, determinations, etc.: Separate Parts In This Issue Aeroflex Inc., 16233 Koger Equity, Inc., 16233–16234 Part II U.S.B. Holding Co., Inc., 16234 Nuclear Regulatory Commission, 16249–16272
Small Business Administration Part III NOTICES Department of Defense, General Services Administration, Meetings; district and regional advisory councils: National Aeronautics and Space Administration, Rhode Island, 16236 16273–16287
Social Security Administration Part IV NOTICES Department of Education, 16289–16291 Agency information collection activities: Proposed collection and submission for OMB review; Part V comment request, 16236–16237 Department of Housing and Urban Development, 16293– 16296 State Department NOTICES Agency information collection activities: Reader Aids Submission for OMB review; comment request, 16238 Consult the Reader Aids section at the end of this issue for Organization, functions, and authority delegations: phone numbers, online resources, finding aids, reminders, Principal Deputy Assistant Secretary et al., 16238 and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 729...... 16117 1301...... 16118 1304...... 16118 1305...... 16118 1306...... 16118 1307...... 16118 1308...... 16118 9 CFR 130...... 16122 10 CFR 810...... 16124 Proposed Rules: 170...... 16250 171...... 16250 14 CFR 25...... 16128 39...... 16129 71 (2 documents) ...... 16130, 16131 Proposed Rules: 39 (5 documents) ...... 16151, 16153, 16154, 16157, 16158 16 CFR 305...... 16132 17 CFR Proposed Rules: 230...... 16160 240...... 16160 243...... 16160 249...... 16160 24 CFR 5...... 16294 266...... 16294 26 CFR 1...... 16143 40 CFR 180...... 16143 47 CFR 73...... 16149 Proposed Rules: 73...... 16160 48 CFR Ch. 1(2 documents)...... 16274, 16286 1...... 16285 6...... 16285 9...... 16285 15...... 26285 19...... 26275 32...... 26276 52(2 documents)...... 16276, 16285 49 CFR Proposed Rules: 174...... 16161 177...... 16161 50 CFR 679...... 16150
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Rules and Regulations Federal Register Vol. 65, No. 59
Monday, March 27, 2000
This section of the FEDERAL REGISTER Paperwork Reduction Act that is equal to the quantity of peanuts contains regulatory documents having general This amendment does not contain (in tons) that the Secretary estimates applicability and legal effect, most of which will be devoted in each MY to domestic are keyed to and codified in the Code of information collections that require clearance by the Office of Management edible use (excluding seed use) and Federal Regulations, which is published under related uses. Under the 1996 50 titles pursuant to 44 U.S.C. 1510. and Budget (OMB) under the provisions amendments to the 1938 Act, seed use of 44 U.S.C. Chapter 35. The Code of Federal Regulations is sold by remains a quota use but, unlike in the the Superintendent of Documents. Prices of Regulatory Flexibility Act past, the seed aspect of the quota is new books are listed in the first FEDERAL It has been determined that the accounted for by the granting of a REGISTER issue of each week. Regulatory Flexibility Act is not temporary seed quota to all producers. applicable to this final rule because the As a result, seed is no longer part of the Farm Service Agency (FSA) is not basic quota calculation codified in this DEPARTMENT OF AGRICULTURE required by 5 U.S.C. 553 or any other determination. The MY for 1999-crop peanuts begins provision of law to publish a notice of Farm Service Agency on August 1, 1999, and ends July 31, proposed rulemaking with respect to the 2000. 7 CFR Part 729 subject of this determination. The national poundage quota for the Unfunded Federal Mandates 1999 crop, which will be marketed in MY 1999, was established at 1,180,000 RIN 0560±AF48 This rule contains no Federal st, based on the following data: 1999-Crop Peanuts National Poundage mandates under the regulatory provisions of Title II of the Unfunded Quota ESTIMATED DOMESTIC EDIBLE AND RE- Mandate Reform Act (UMRA), for State, LATED USES FOR 1999-CROP PEA- AGENCY: Farm Service Agency, USDA. local, and tribal governments or the NUTS ACTION: Final rule. private sector. Thus, this rule is not subject to the requirements of sections Farmer stock SUMMARY: The purpose of this final rule 202 and 205 of the UMRA. Item equivalent is to codify the establishment of the Background (short tons) national poundage quota for peanuts at 1,180,000 short tons (st). The determination made in this notice Regular domestic food use 984,000 follows a proposed rule published on Related uses: ...... EFFECTIVE DATE: December 14, 1998. November 25, 1998, in the Federal Crushing residual ...... 128,500 FOR FURTHER INFORMATION CONTACT: Register (63 FR 65133). That notice Shrinkage and other Kenneth M. Robison, USDA, Farm losses ...... 44,000 proposed a marketing year (MY) 1999 Unused quota ...... 23,500 Service Agency, STOP 0514, 1400 national poundage quota level between Independence Avenue, SW, 1,175,000 and 1,225,000 st. There were Total ...... 1,180,000 Washington, DC 20250–0514, telephone 16 comments received. Comments were 202–720–9255. Copies of the cost- submitted by 11 producer groups, two The estimate of MY 1999 domestic benefit assessment prepared for this rule manufacturers’ groups, one sheller food use of peanuts was developed in can be obtained from Mr. Robison. group, one consumer group, and one two steps. First, normal commercial use SUPPLEMENTARY INFORMATION: manufacturer. The comments received was estimated based upon figures from and the determination made are the USDA Interagency Commodity Executive Order 12866 discussed below. Estimates Committee (ICEC) adjusted to This final rule has been determined to take out peanut imports, peanut butter A. Determination of the Quota be significant for purposes of Executive imports, and peanut butter exports Order 12866 and, therefore, has been Peanut producers voting in a mail (which normally consist of additional reviewed by OMB. referendum held December 1 through 4, peanuts only). Then, farm sales and 1997, approved poundage quotas for the other direct marketings to consumers Federal Assistance Program 1998 through 2002 MY by an affirmative were added based upon differences The title and number of the Federal vote of 94.8 percent. Therefore, as between production data and Federal- Assistance Program, as found in the provided for in the Agriculture State Inspection Service inspection data. Catalog of Federal Domestic Assistance, Adjustment Act of 1938 (1938 Act), the Insofar as related uses are concerned, an to which this rule applies are: Secretary is required to administer a added allowance is made for the normal Commodity Loans and Purchases— peanut program in which marketings are crushing residual that cannot effectively 10.051. governed through the use of federally- be used for food. That amount is granted quota and in which price traditionally expected to be about 12 Executive Order 12988 support is offered. percent, on a farmer stock basis, of the This final rule has been reviewed in Section 358–1(a)(1) of the 1938 Act, as total domestic production. An accordance with Executive Order 12988. amended in 1996 by the Agricultural allowance for shrinkage and other losses The provisions of this final rule do not Market Transition Act, requires that the is made to account for reduced kernel preempt State laws, are not retroactive, national poundage quota for peanuts for and other kernel losses during storage and do not involve administrative each of the 1996 through 2002 MYs be using the customary factor of 4 percent appeals. established by the Secretary at a level of domestic food use. Finally, the
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II. Summary of Amendments and The amendments in Parts 1305, 1307 that the public interest is served by Analysis of Issues and Comments and 1308 sections 1305.2, 1307.2, conforming the definitions and The Commission held a duly noticed 1307.3, 1307.4, 1307.7, 1307.9 and compliance dates in the Over-order public hearing on February 2, 2000, 1308.1 change the prescribed dates for Price Regulation with the definitions of however, no one appeared to testify. required action to conform to the new the same terms and compliance dates The Commission received one letter of dates used under the federal market for similar actions under the federal comment that generally supported the order reform regulations for similar milk market order regulations to ensure proposed amendments to the Over-order required activities. The amendments uniformity and continuity for regulated Price Regulation.6 change the dates required for: (1) entities in the New England Milk The Commission amends the announcing the over-order obligation Market. definition of producer in section (from the 5th of the month to the 23rd); The Commission also determines that 1301.11 to change the qualification (2) issuing statements (from the 15th to the public interest is served by condition from ‘‘December 1996, the 13th); (3) for making payments amending the definition of producer to December 1997 and December 1998’’ to (including adjustments and specify every December since 1996 as a ‘‘every December since 1996.’’ This administrative assessments) to the condition of qualification. This language clarifies the future application producer-settlement fund (from the 18th amendment simply keeps the of this condition, without necessitating to the 15th) and (4) for issuing payments qualification condition current, without annual rulemaking proceedings. (including adjustments) from the fund requiring annual rulemaking to update The Commission also amends (from the 20th to the 16th). the definition. definitions in Part 1301 sections 1301.9, The amendment to Part 1307 section 1307.8 conforms to the federal b. The Impact on the Price Level Needed 1301.10, 1301.14 and 1301.17 to To Assure a Sufficient Price to conform to recent amendments to regulation at 7 CFR 1000.78 by changing the language regarding charges on Producers and an Adequate Local definitions in the federal market order Supply of Milk regulations. The amendment to section overdue accounts to include funds due 1301.9, the definition of handler, brings to both the producer-settlement fund The amendments to the Compact that section into conformity with the and the administrative assessment fund Over-order Price Regulation adopted in federal amendment to the definition of and includes the new requirement that this rulemaking proceeding are related handler in 7 CFR 1000.9 by adding all interest accrues to the administrative to the administration of the Over-order certain milk brokers to the definition. assessment fund. The only comment Price Regulation and do not affect the The amendment to section 1301.10, the received opposed the part of this local supply of milk or price received by definition of producer-handler, brings amendment that provides that late producers. that section into conformity with the charges accrue to the Commission’s 7 c. Whether the Major Provisions of the definition of the same term in 7 CFR administrative fund. The Commission Order, Other Than Those Fixing 1001.10, through uniform reformatting carefully considered the commenter’s Minimum Milk Prices, Are in the Public of the definition and changing the analysis. However, the Commission Interest and Are Reasonably Designed minimum from 300 quarts per day to notes that the amount of money To Achieve the Purposes of the Order 150,000 pounds per month. Similarly, involved is so small as to not affect the the amendments to section 1301.14, producer price and that the costs to The Commission concludes that, for fluid milk products (adds eggnog and enforce late payments can be significant. the same reasons identified in the first changes descriptive terms for various Therefore, the Commission determines finding, the amendments adopted in products, such as skim milk) and that accrual of late charges to the this rulemaking proceeding are in the section 1301.17, cooperative association administrative fund is appropriate public interest. The Commission further (includes federation of cooperatives) under all the circumstances. concludes that the Over-order Price bring those definitions into conformity The Commission also adds a new Regulation, as hereby amended, remains with the reformed federal regulations at section at Part 1307 section 1307.9, in in the public interest in the manner 7 CFR 1000.15 and 1000.18, conformance with the federal regulation contemplated by this finding. respectively. at 7 CFR 1000.90, specifying that if a d. Whether the Terms of the Proposed The amendment to Part 1304 section required date falls on a weekend or Amendments Are Approved by 1304.1, deletes eggnog from the list in holiday, the action is required on the Producers subsection (b)(4)(iv), in conformity with next business day. the new federal regulation at 7 CFR The fourth finding, requires the III. Summary and Explanation of 1000.40(b)(2)(iv), reclassifying eggnog determination of whether the Findings from Class II to Class I. The amendment amendment has been approved by to Part 1305 section 1305.1 changes the Article V, Section 12 of the Compact producer referendum pursuant to reference to the federal Class I price directs the Commission to make four Article V, Section 13 of the Compact. In from the prior regulation reference to findings of fact before an amendment of this final rule, as in the previous final Zone 1, Class 1 to the reformed the Over-order Price Regulation can rules, the Commission makes this reference in 7 CFR 1000.52 to the Class become effective. Each required finding finding premised upon certification of I Price for Suffolk County, is discussed below. the results of the producer referendum. The procedure for the producer Massachusetts. a. Whether the Public Interest Will Be The Commission amends Part 1306 referendum and certification of the Served by the Amendments to the Over- sections 1306.1 and 1306.2 to remove results is set forth in 7 CFR Part 1371. Order Price Regulation the existing minimum of a daily average Pursuant to 7 CFR § 1371.3 and the of 300 quarts to the new federal The first finding considers whether referendum procedure certified by the minimum of 150,000 pounds per month the amendments to the Compact Over- Commission, a referendum was held as codified at 7 CFR 1000.8(d)(4). order Price Regulation serve the public during the period of March 10 through interest. The Commission determines March 20, 2000. All producers who 6 Robert Wellington, Written Comments were producing milk pooled in Federal (hereinafter ‘‘WC’’) at 1. 7 Wellington, WC at 1. Order #1 for consumption in New
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England, during December 1999, the and were counted appropriately. Ballots Commission amends 7 CFR Parts 1301, representative period determined by the returned by cooperative members who 1304, 1305, 1306, 1307 and 1308 as Commission, were deemed eligible to cast votes in agreement with their follows: vote. Ballots were mailed to these cooperative block vote were disqualified producers on or before March 10, 2000 as duplicative of the cooperative block PART 1301ÐDEFINITIONS by the Federal Market Order #1 Market vote. 1. The authority citation for Part 1301 Administrator. The ballots included an Votes of independent producers not continues to read as follows: official summary of the Commission’s members of any cooperative association action. Producers were notified that, to were then counted. Authority: 7 U.S.C. 7256. be counted, their ballots had to be The referendum agent then certified 2. Amend § 1301.9 to revise paragraph returned to the Commission offices by the following for the ballot on the (e) to read as follows: 5:00 p.m. on March 20, 2000. The amendments: ballots were opened and counted in the A total of 3,982 ballots were mailed to § 1301.9 Handler. Commission offices on March 21, 2000 eligible producers. Handler means: under the direction and supervision of A total of 3064 ballots were returned * * * * * Commissioner Robert Starr, designated to the Commission. (e) Any person who does not operate ‘‘Referendum Agent.’’ A total of 42 ballots were a plant but who engages in the business Eleven Cooperative Associations were disqualified—late, incomplete or of receiving fluid milk products for notified of the procedures necessary to duplicate. resale and distributes to retail or block vote by letter dated March 3, A total of 3022 ballots were verified. wholesale outlets packaged fluid milk A total of 3015 verified ballots were 2000. Cooperatives were required to products received from any plant provide prior written notice of their cast in favor of the amendments. A total of 7 verified ballots were cast described in paragraph (a), (b) or (c) of intention to block vote to all members in opposition to the amendments. this section. Any person who as a broker on a form provided by the Commission, Accordingly, notice is hereby negotiates a purchase or sale of fluid and to certify to the Commission that (1) provided that of the 3022 verified milk products or fluid cream products timely notice was provided, and (2) that ballots cast, 99.8%, or 3015, a minimum from or to any pool, partially regulated they were qualified under the Capper- of two-thirds were in the affirmative. or nonpool plant, and any person who Volstead Act. Cooperative Associations Therefore, the Commission concludes by purchase or direction causes milk of were further notified that the that the terms of the amendments are producers to be picked up at the farm Cooperative Association block vote had approved by producers. and/or moved to a plant. Persons who to be received in the Commission office qualify as handlers only under this by 5:00 p.m. on March 20, 2000. IV. Required Findings of Fact paragraph are not subject to the Certified and notarized notification to Pursuant to Compact Article V, payment provisions of §§ 1307.3 and its members of the Cooperative’s intent Section 12, the Compact Commission 1308.1. to block vote or not to block vote had hereby finds: 3. Revise § 1301.10 to read as follows: to be mailed by March 14, 2000 with (1) That the public interest continues notice mailed to the Commission offices to be served by establishment of § 1301.10 Producer-handler. no later than March 16, 2000. minimum milk prices to dairy farmers Producer-handler means a person Notice under Article IV, as hereby amended. who: (2) That the previously established (a) Operates a dairy farm and a On March 21, 2000, the duly level price of $16.94 (Zone 1) to dairy distributing plant from which there is authorized referendum agent verified all farmers under Article IV, is unaffected monthly route disposition in the ballots according to procedures and by these amendments, and will continue regulated area during the month; criteria established by the Commission. to assure that producers supplying the (b) Receives milk solely from own The ballots cast were reviewed and New England market receive a price farm production or receives milk that is counted. A total of 3982 ballots were sufficient to cover their costs of fully subject to the pricing and pooling mailed to eligible producers. All production and will elicit an adequate provisions of any Federal order; producer ballots and cooperative block supply of milk for the inhabitants of the (c) Receives at its plant or acquires for vote ballots received by the Commission regulated area and for manufacturing route disposition no more than 150,000 were opened and counted. Producer purposes. pounds of fluid milk products from ballots and cooperative block vote (3) That the major provisions of the handlers fully regulated under any ballots were verified or disqualified order, other than those fixing minimum Federal order. This limitation shall not based on criteria established by the milk prices, are and continue to be in apply if the producer-handler’s own Commission, including timeliness, the public interest and are reasonably farm production is less than 150,000 completeness, appearance of designed to achieve the purposes of the pounds during the month; authenticity, appropriate certifications order. (d) Disposes of no other source milk by cooperative associations and other (4) That the terms of the proposed as Class I milk except by increasing the steps taken to avoid duplication of amendments are approved by producers nonfat milk solids content of the fluid ballots. Ballots determined by the pursuant to a producer referendum milk products; and referendum agent to be invalid were required by Article V, Section 13. (e) Provides proof satisfactory to the marked ‘‘disqualified’’ with a notation compact commission that the care and as to the reason. List of Subjects in 7 CFR Parts 1301, management of the dairy animals and Block votes cast by Cooperative 1304, 1305, 1306, 1307 and 1308 other resources necessary to produce all Associations were then counted. Milk Price support programs. Class I milk handled (excluding receipts Producer votes against their cooperative from handlers fully regulated under any Codification in Code of Federal associations block vote were then Federal order) and the processing and Regulations counted for each cooperative packaging operations are the producer- association. These votes were deducted For reasons set forth in the preamble, handler’s own enterprise and at its own from the cooperative association’s total the Northeast Dairy Compact risk.
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4. Amend section 1301.11 to revise (2) The quantity of skim milk price and the compact over-order paragraphs (b) introductory text and (b) equivalent in any modified product obligation for the following month. (1) to read as follows: specified in paragraph (a) of this section that is greater than an equal volume of PART 1306ÐCOMPACT OVER-ORDER § 1301.11 Producer. an unmodified product of the same PRODUCER PRICE Producer means: nature and butterfat content. * * * * * 1. The authority citation for Part 1306 6. Revise section 1301.17 to read as continues to read as follows: (b) A dairy farmer who produces milk follows: outside of the regulated area that is Authority: 7 U.S.C. 7256. moved to a pool plant, provided that on § 1301.17 Cooperative association. 2. Revise section 1306.1 to read as more than half of the days on which the Cooperative association means any follows: handler caused milk to be moved from cooperative marketing association of the dairy farmer’s farm in every producers which the Secretary of § 1306.1 Handler's value of milk for computing basic over-order producer price. December since 1996, all of that milk Agriculture of the United States was physically moved to a pool plant in determines is qualified under the For the purpose of computing the the regulated area. Or: to be considered provisions of the Capper-Volstead Act, basic over-order producer price, the a qualified producer, on more than half has full authority in the sale of milk of compact commission shall determine of the days on which the handler caused its members and is engaged in for each month the value of milk of each milk to be moved from the dairy marketing milk or milk products for its handler with respect to each of the farmer’s farm during the current month members. A federation of two or more handler’s pool plants and of each and for five (5) months subsequent to cooperatives incorporated under the handler described in § 1301.9(d) of this July of the preceding calendar year, all laws of any state will be considered a chapter with respect to milk that was of that milk must have moved to a pool cooperative association if all member not received at a pool plant, as directed plant, provided that the total amount of cooperatives meet the requirements of in this section. Any pool plant that does milk at a pool plant eligible to qualify this section. not exceed 150,000 pounds of producers who did not qualify in every disposition in the compact regulated December since 1996, shall not exceed PART 1304ÐCLASSIFICATION OF area in the month shall not be subject the total bulk receipts of fluid milk MILK to the compact over-order obligation. products less: The total assessment for each handler is (1) Producers receipts as described in 1. The authority citation for Part 1304 to be calculated by multiplying the paragraph (a) of this section and continues to read as follows: pounds of Class I fluid milk products as producer receipts as described in Authority: 7 U.S.C. 7256. determined pursuant to § 1304.1(a) of paragraph (b) of this section who are this chapter by the compact over-order 2. Amend section 1304.1 to revise qualified based on every December obligation. paragraph (b)(4)(iv) to read as follows: since 1996; 3. Revise § 1306.2 to read as follows: * * * * * § 1304.1 Classification of milk. § 1306.2 Partially regulated plant 5. Revise section 1301.14 to read as * * * * * follows: operator's value of milk for computing (b) * * * basic over-order producer price. § 1301.14 Fluid milk product. (4) * * * For the purpose of computing the (a) Except as provided in paragraph (iv) Custards, puddings, pancake basic over-order producer price, the (b) of this section fluid milk product mixes, buttermilk biscuit mixes, compact commission shall determine means any milk products in fluid or coatings, batter and similar products; for each month the value of milk frozen form containing less than nine * * * * * disposition in the regulated area by the percent butterfat, that are intended to be operator of a partially regulated plant as used as beverages. Such products PART 1305ÐCLASS PRICE directed in this section. Any partially include, but are not limited to: Milk, fat- 1. The authority citation for Part 1305 regulated plant that does not exceed free milk, low fat milk, light milk, continues to read as follows: 150,000 of disposition in the compact reduced fat milk, milk drinks, eggnog regulated area in the month shall not be and cultured buttermilk, including any Authority: 7 U.S.C. 7256. subject to the compact over-order such beverage products that are 2. Amend section 1305.1 to revise obligation. The total assessment for each flavored, cultured, modified with added paragraph (b)(2) to read as follows: handler is to be calculated by nonfat milk solids, sterilized, multiplying the pounds of Class I fluid concentrated or reconstituted. As used § 1305.1 Compact over-order class I price and compact over-order obligation. milk products as determined pursuant in this Part, the term concentrated milk to § 1304.1(a) of this chapter by the means milk that contains not less than * * * * * compact over-order obligation. 25.5 percent, and not more than 50 (b) * * * percent, total milk solids. (2) Deduct Class I Price for Suffolk PART 1307ÐPAYMENTS FOR MILK (b) The term fluid milk product shall County, Massachusetts. not include: * * * * * 1. The authority citation for Part 1307 continues to read as follows: (1) Plain or sweetened evaporated 3. Revise section 1305.2 to read as milk/skim milk, sweetened condensed follows: Authority: 7 U.S.C. 7256. milk /skim milk, formulas especially 2. Revise the introductory text of prepared for infant feeding or dietary § 1305.2 Announcement of compact over- § 1307.2 to read as follows: use (meal replacement) that are order class I price and compact over-order packaged in hermetically-sealed obligation. § 1307.2 Handlers' producer-settlement containers, any product that contains by The compact commission shall fund debits and credits. weight less than 6.5 percent nonfat milk announce publicly on or before the 23rd On or before the 13th day after the solids, and whey; and day of each month the Class I over-order end of the month, the compact
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Background certificates. Our user fees are intended are adopting the proposed rule as a final to cover all of the costs associated with rule, without change. User fees to reimburse the Animal and endorsing the certificates. Executive Order 12866 and Regulatory Plant Health Inspection Service (APHIS) On September 23, 1999, we published Flexibility Act for the costs of providing veterinary in the Federal Register (64 FR 51477– diagnostic services and import- and 51479, Docket No. 98–003–1) a proposal This rule has been reviewed under export-related services for live animals to amend the regulations by establishing Executive Order 12866. The rule has and birds and animal products are a maximum user fee for the been determined to be not significant for contained in 9 CFR part 130 (referred to endorsement of export certificates for a the purposes of Executive Order 12866 below as the regulations). Section single shipment of animals or birds that and, therefore, has not been reviewed by 130.20 lists user fees we charge for require verification of tests or the Office of Management and Budget. endorsing certificates for animals and vaccinations. User fees for these We are revising our user fees to birds exported from the United States. endorsements were based on the implement a maximum user fee for the Importing countries often require these number of animals or birds listed on the endorsement of export certificates that certificates to show that an animal or certificate and the number of tests or require the verification of tests or bird has tested negative to specific vaccinations that the importing country vaccinations for the animals or birds on animal diseases or that an animal or required for those animals or birds. We the certificate. The maximum user fee bird has not been exposed to specific proposed to establish a maximum user will be 12 times the hourly rate user fee animal diseases. The endorsement fee of 12 times the hourly rate listed in listed in § 130.21 of the regulations. indicates that APHIS has reviewed a § 130.21 of the regulations, since large User fees for the endorsement of certificate and believes it to be accurate shipments rarely take more than 12 export certificates will continue to be and reliable. The steps associated with hours to verify. The proposed maximum calculated based on the current user endorsing an export certificate may user fee was intended to lower user fees fees. The maximum user fee will be include reviewing supporting for large shipments, yet still allow used whenever the calculated user fee is documentation; confirming that the APHIS to recover the full cost of higher than the maximum user fee. This importing country’s requirements have providing this service. will benefit exporters with large been met; verifying laboratory test We solicited comments concerning shipments. The following table results for each animal if tests are our proposal for 60 days ending compares the maximum user fee to the required; reviewing any certification November 22, 1999. We did not receive charges for endorsing export certificates statements required by the importing any comments. Therefore, for the for large shipments based on current country; and endorsing, or signing, the reasons given in the proposed rule, we user fees.
Number of tests or vac- Current charge for Proposed cinations Current user fee large shipment maximum (300 animals) user fee 1
1 or 2 ...... $52.50 (first animal) $3.00 (each additional) ...... $949.50 $672 3 to 6 ...... 64.75 (first animal) 5.00 (each additional) ...... 1,559.75 672 7 or more ...... 75.75 (first animal) 6.00 (each additional) ...... 1,869.75 672 1 Based on 12 times $56 (the current hourly rate user fee).
In fiscal year 1998, APHIS issued agricultural entities that deal in less under No. 10.025 and is subject to 6,245 export certificates that required valuable animals, such as grade animals, Executive Order 12372, which requires the verification of tests or vaccinations. can be considered small entities. This intergovernmental consultation with Of these, only 80 (1.28 percent) would may not be the case for entities dealing State and local officials. (See 7 CFR part have benefitted from the maximum user exclusively in more valuable animals, 3015, subpart V.) fee. Using the maximum user fee will such as purebred or registered animals. Executive Order 12988 cost less than the current user fees for This rule should have a minimal any export certificates for a single effect on exporters, whether small or This rule has been reviewed under shipment of: large. Only 1.28 percent of the export Executive Order 12988, Civil Justice • 208 or more animals with 1 or 2 certificates requiring the verification of Reform. This rule: (1) Preempts all State tests, tests or vaccinations that APHIS issued and local laws and regulations that are • 123 or more animals with 3 to 6 in FY 1998 would have been covered by inconsistent with this rule; (2) has no tests, or the maximum user fee for those retroactive effect; and (3) does not • 101 or more animals with 7 or more endorsements. For those entities that do require administrative proceedings tests. experience a change in the amount, the before parties may file suit in court The maximum user fee could affect difference will be a lower charge for the challenging this rule. some exporters of live animals or birds. endorsement. Paperwork Reduction Act Any exporter of live animals or birds Under these circumstances, the whose total sales are less than $5 Administrator of the Animal and Plant This rule contains no new million annually is a small entity Health Inspection Service has information collection or recordkeeping according to the Small Business determined that this action will not requirements under the Paperwork Administration’s criteria. The number of have a significant economic impact on Reduction Act of 1995 (44 U.S.C. 3501 entities that export live animals or birds a substantial number of small entities. et seq.). and that would qualify as small entities Regulatory Reform under this definition cannot be Executive Order 12372 determined. Data from the 1995 Bureau This program/activity is listed in the This action is part of the President’s of the Census indicates the majority of Catalog of Federal Domestic Assistance Regulatory Reform Initiative, which,
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(5) Designing, constructing, DEPARTMENT OF TRANSPORTATION of signals could result in loss of attitude fabricating, operating, or maintaining display or present misleading attitude research reactors, test reactors or Federal Aviation Administration information to the pilot. subcritical assemblies capable of In addition, on August 18, 1998, continuous operation above five 14 CFR Part 25 LMAC applied for an additional STC to megawatts thermal. modify McDonnell Douglas DC–9–30 [Docket No. NM165, Special Conditions No. series airplanes listed on Type 25±158±SC] (6) Training in the activities of Certificate A6WE. The modification paragraphs (c)(1) through (5) of this Special Conditions: McDonnell incorporates the installation of an section. Douglas DC±9±30 Series Airplanes; Innovative Solution & Support 7. Section 810.10 (a) is revised to read High Intensity Radiated Fields (HIRF) electronic air data instrument system, as follows: which consists of an electronic airspeed AGENCY: Federal Aviation display, an electronic altimeter, and a § 810.10 Grant of specific authorization. Administration (FAA), DOT. digital air data computer for each pilot. ACTION: Final special conditions. This advanced system uses electronics (a) Any person proposing to provide to a far greater extent than the original assistance for which § 810.8 indicates SUMMARY: These special conditions are pneumatic pitot-static instruments and specific authorization is required may issued for McDonnell Douglas DC–9–30 may be more susceptible to electrical apply for the authorization to the U.S. series airplanes modified by Lockheed and magnetic interference. This Department of Energy, National Nuclear Martin Aircraft Center. These airplanes disruption of signals could result in loss Security Administration, Washington, will have novel and unusual design of air data display or present misleading DC 20585, Attention: Director, Nuclear features when compared to the state of air data information to the pilot. Transfer and Supplier Policy Division, technology envisioned in the Type Certification Basis NN–43, Office of Arms Control and airworthiness standards for transport Nonproliferation. category airplanes. These airplanes will Under the provisions of 14 CFR 21.101, LMAC must show that the * * * * * utilize electronic systems that perform critical functions. The applicable type McDonnell Douglas DC–9–30 series 8. Section 810.13(g) is revised to read certification regulations do not contain airplanes, as changed, continue to meet as follows: adequate or appropriate safety standards the applicable provisions of the regulations incorporated by reference in § 810.13 Reports. for the protection of these systems from the effects of high-intensity radiated Type Certificate No. A6WE, or the * * * * * fields (HIRF). These special conditions applicable regulations in effect on the (g) All reports should be sent to: U.S. provide the additional safety standards date of application for the change. The Department of Energy, National Nuclear that the Administrator considers regulations incorporated by reference in Security Administration, Washington, necessary to establish a level of safety the type certificate are commonly DC 20585, Attention: Director, Nuclear equivalent to that provided by the referred to as the ‘‘original type Transfer and Supplier Policy Division, existing airworthiness standards. certification basis.’’ The certification NN–43, Office of Arms Control and EFFECTIVE DATE: March 13, 2000. basis for the modified McDonnell Douglas DC–9–30 series airplanes Nonproliferation. FOR FURTHER INFORMATION CONTACT: includes CAR 4b, dated December 31, 9. Section 810.16 is revised as Connie Beane, FAA, Standardization 1953, with Amendments 4b–1 through follows: Branch, ANM–113, Transport Airplane 4b–16, as amended by Type Certificate Directorate, Aircraft Certification Data Sheet (TCDS) A6WE. § 810.16 Effective date and savings clause. Service, 1601 Lind Avenue SW., If the Administrator finds that the Renton, Washington, 98055–4056; Except for actions that may be taken applicable airworthiness regulations telephone (425) 227–2796; facsimile (i.e., CAR 4b, as amended) do not by DOE pursuant to § 810.11, the (425) 227–1149. regulations in this part do not affect the contain adequate or appropriate safety SUPPLEMENTARY INFORMATION: validity or terms of any specific standards for the McDonnell Douglas authorizations granted under Background DC–9–30 series airplanes because of novel or unusual design features, regulations in effect before April 26, On April 20, 1998, Lockheed Martin 2000 (and contained in the 10 CFR, part special conditions are prescribed under Aircraft Center, Inc. (LMAC), 244 the provisions of § 21.16. 500 to end, edition revised as of January Terminal Road, Greenville, NC 29605, In addition to the applicable 1, 2000) or generally authorized applied for a supplemental type airworthiness regulations and special activities under those regulations for certificate (STC) to modify McDonnell conditions, the Model DC–9–30 must which the contracts, purchase orders, or Douglas DC–9–30 series airplanes listed comply with the fuel vent and exhaust licensing arrangements were already in on Type Certificate A6WE. The emission requirements of 14 CFR part effect. Persons engaging in activities that modification incorporates the 34 and the noise certification were generally authorized under installation of a Rockwell-Collins FDS– requirements of 14 CFR part 36. regulations in effect before April 26, 255 Electronic Flight Instrument Special conditions, as appropriate, are 2000, but that require specific System, consisting of an electronic issued in accordance with 14 CFR 11.49, authorization under the regulations in attitude display, an electronic as required by §§ 11.28 and 11.29, and this part, must request specific horizontal situation indicator, and a become part of the type certification authorization by July 25, 2000 but may display controller for each pilot. This basis in accordance with § 21.101(b)(2). continue their activities until DOE acts advanced system uses electronics to a Special conditions are initially on the request. far greater extent than the original applicable to the model for which they mechanical attitude displays and may are issued. Should LMAC apply at a [FR Doc. 00–7181 Filed 3–24–00; 8:45 am] be more susceptible to electrical and later date for design change approval to BILLING CODE 6450±01±P magnetic interference. This disruption modify any other model already
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SUMMARY: This amendment rescinds an Regulatory Impact DEPARTMENT OF TRANSPORTATION existing Airworthiness Directive (AD), The regulations adopted herein will Federal Aviation Administration applicable to certain Learjet Model 35, not have a substantial direct effect on 35A, 36, 36A, 55, 55B, and 55C the States, on the relationship between airplanes. That AD currently requires the national Government and the States, 14 CFR Part 71 installation of a placard on the or on the distribution of power and [Airspace Docket No. 99±AWA±3] instrument panel in the cockpit to responsibilities among the various RIN 2120±AA66 advise the flightcrew that the Omega levels of government. Therefore, it is navigation system may be inoperative at determined that this final rule does not Revocation of the Sacramento certain engine speeds. That AD also have federalism implications under McClellan Air Force Base (AFB) Class provides for an optional installation of Executive Order 13132. C Airspace Area, Establishment of the certain band reject filters, which For the reasons discussed above, I Sacramento McClellan AFB Class E eliminates the need for the placard. The certify that this action: (1) Is not a Surface Area; and Modification of the requirements of that AD were intended ‘‘significant regulatory action’’ under Sacramento International Airport Class to prevent excessive deviation from the Executive Order 12866; (2) is not a C Airspace Area; CA intended flight path due to loss of ‘‘significant rule’’ under DOT navigation signals, which could result Regulatory Policies and Procedures (44 AGENCY: Federal Aviation in a potentially low-fuel condition or a FR 11034, February 26, 1979); and (3) Administration (FAA), DOT. traffic conflict. Since the issuance of will not have a significant economic ACTION: Final rule. that AD, use of the Omega navigation impact, positive or negative, on a system has been permanently substantial number of small entities SUMMARY: This final rule revokes the discontinued; therefore, the original under the criteria of the Regulatory Sacramento McClellan AFB, CA, Class C unsafe condition no longer exists. Flexibility Act. A final evaluation has airspace area, establishes Class E EFFECTIVE DATE: March 27, 2000. been prepared for this action and it is airspace at Sacramento McClellan AFB, FOR FURTHER INFORMATION CONTACT: C. contained in the Rules Docket. A copy CA, and modifies the Sacramento Dale Bleakney, Aerospace Engineer, of it may be obtained from the Rules International Airport, CA, Class C Flight Test Branch, ACE–117W, FAA, Docket at the location provided under airspace area. Specifically, the FAA is Small Airplane Directorate, Wichita the caption ADDRESSES. revoking the Sacramento McClellan AFB Class C airspace area due to a Aircraft Certification Office, 1801 List of Subjects in 14 CFR Part 39 Airport Road, Room 100, Mid-Continent reduction in the number of aircraft Air transportation, Aircraft, Aviation Airport, Wichita, Kansas 67209; operations at McClellan AFB. This safety, Safety. telephone (316) 946–4135; fax (316) action also establishes a Class E surface 946–4407. The Rescission area to provide controlled airspace for the protection of instrument approach SUPPLEMENTARY INFORMATION: On Accordingly, pursuant to the operations to McClellan AFB. In September 5, 1995, the Federal Aviation authority delegated to me by the addition, this action modifies the Administration (FAA) issued AD 95– Administrator, the Federal Aviation Sacramento International Airport Class 19–04, amendment 39–9365 (60 FR Administration amends part 39 of the C airspace area to provide additional 47265, September 12, 1995), applicable Federal Aviation Regulations (14 CFR airspace for the management of aircraft to certain Learjet Model 35, 35A, 36, part 39) as follows: operations to and from the Sacramento 36A, 55, 55B, and 55C airplanes. That International Airport. The FAA is AD requires installation of a placard on PART 39ÐAIRWORTHINESS making these changes to enhance safety, the instrument panel in the cockpit to DIRECTIVES reduce the risk of midair collision, and advise the flightcrew that the Omega improve the management of aircraft navigation system may be inoperative at 1. The authority citation for part 39 operations in the Sacramento terminal certain engine speeds. That AD also continues to read as follows: airspace area. provides for an optional installation of Authority: 49 U.S.C. 106(g), 40113, 44701. certain band reject filters, which EFFECTIVE DATE: 0901 UTC, September 7, § 39.13 [Amended] eliminates the need for the placard. That 2000. action was prompted by reports of loss 2. Section 39.13 is amended by FOR FURTHER INFORMATION CONTACT: Ken of certain navigation signals during adding an airworthiness directive McElroy, Airspace and Rules Division, extended over-water operation. That removing amendment 39–9365 to read ATA–400, Office of Air Traffic Airspace condition, if not corrected, could result as follows: Management, Federal Aviation in excessive deviation from the 95–19–04 R1 Learjet: Amendment 39–11649. Administration, 800 Independence intended flight path due to loss of Docket No. 99–NM–311–AD. Rescinds Avenue, SW., Washington, DC 20591; navigation signals, and consequent AD 95–19–04, Amendment 39–9365. telephone: (202) 267–8783. potential low-fuel condition or a traffic Applicability: Model 35, 35A, 36, 36A, 55, SUPPLEMENTARY INFORMATION: 55B, and 55C airplanes; equipped with conflict. Background Interested persons have been afforded Global Wulfsburg GNS 500, GNS–1000, and an opportunity to participate in the GNS–X Flight Management Systems; As announced in the Federal Register making of this amendment. No certificated in any category. on October 13, 1998 (63 FR 54637), a This rescission is effective March 27, 2000. comments were received in response to public meeting was held on November the proposal. Issued in Renton, Washington, on March 17, 1998, at Sacramento McClellan AFB, 20, 2000. CA. The purpose of this meeting was to Conclusion Donald L. Riggin, provide airspace users with an After careful review of the available Acting Manager, Transport Airplane opportunity to provide their views, data, the FAA has determined that air Directorate, Aircraft Certification Service. recommendations and comments safety and the public interest require the [FR Doc. 00–7335 Filed 3–24–00; 8:45 am] regarding the FAA’s planned rescission of the rule as proposed. BILLING CODE 4910±13±U modification to the Sacramento, CA,
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Correction to Final Rule information about major household report annually (by specified dates for appliances to enable consumers each product type) the estimated annual Accordingly, pursuant to the purchasing appliances to compare the energy consumption or energy authority delegated to me, the error for energy use or efficiency of competing efficiency ratings for the appliances the class E airspace, Bemidji, MN, as models. When published, the Rule derived from the DOE test procedures. published in the Federal Register applied to eight appliance categories: Due to modifications to product lines February 2, 2000 (65 FR 4872), (FR Doc. Refrigerators, refrigerator-freezers, and improvements in the energy use of 00–2256), is corrected as follows: freezers, dishwashers, water heaters, individual models, the base of reported § 71.1 [Corrected] clothes washers, room air conditioners, information is constantly changing. To 1. On page 4873, Column 2, in the and furnaces. Since then, the keep the required information on labels airspace description for Bemidji, MN, Commission has expanded the Rule’s consistent with these changes, the Commission publishes new range incorporated by reference in § 71.1, coverage five times: In 1987 (central air conditioners, heat pumps, and certain figures (but not more often than lines 1 and 2 and 16, correct ‘‘Bemidiji- new types of furnaces, 52 FR 46888 annually) for manufacturers to use on Beltrami’’ to read ‘‘Bemidji-Beltrami’’. (Dec. 10, 1987)); 1989 (fluorescent lamp labels if the upper or lower limits of the Issued in Des Plaines, IL on March 15, ballasts (54 FR 28031 (July 5, 1989)); range scales have changed by more than 2000. 1993 (certain plumbing products (58 FR 15%. 16 CFR 305.10. Otherwise, the Christopher R. Blum, 54955 (Oct. 25, 1993); and twice in 1994 Commission publishes a statement that Manager, Air Traffic Division. (certain lighting products (59 FR 25176 the prior ranges remain in effect for the [FR Doc. 00–7343 Filed 3–24–00; 8:45 am] (May 13, 1994)), and pool heaters and next year. BILLING CODE 4910±13±M certain other types of water heaters (59 Each category of the products covered FR 49556 (Sept. 28, 1994)). by the Rule is divided to some extent Manufacturers of all covered into sub-categories for purposes of the FEDERAL TRADE COMMISSION appliances must disclose specific energy ranges of comparability. These sub- consumption or efficiency information categories, which are generally the same 16 CFR Part 305 at the point of sale in the form of an as those developed by DOE in ‘‘EnergyGuide’’ label affixed to the connection with its efficiency standards Rule Concerning Disclosures covered product. The information on program,1 are based on fuel type, size, Regarding Energy Consumption and the EnergyGuide also must appear in and/or functional features, depending Water Use of Certain Home catalogs from which covered products on the type of product. Applicances and Other Products can be ordered. Manufacturers must When the Commission published the Required Under the Energy Policy and derive the information from Rule in 1979, the clothes washer Conservation Act (``Appliance Labeling standardized tests that EPCA directs the category in Appendix F was divided Rule'') Department of Energy (‘‘DOE’’) to into the sub-categories ‘‘Standard’’ and promulgate. 42 U.S.C. 6293. ‘‘Compact’’ only.2 44 FR 66466, 66486 AGENCY: Federal Trade Commission. Manufacturers of furnaces, central air (Nov. 19, 1979). These sub-categories ACTION: Final rule. conditioners, and heat pumps also stayed in effect until 1994, when the either must provide fact sheets showing Commission amended Appendix F in SUMMARY: The Federal Trade additional cost information or be listed response to comments received in Commission (the Commission) amends in an industry directory that shows the connection with a comprehensive Appendix F to its Appliance Labeling cost information for their products. review of the Rule. The amendment to Rule (the Rule) to eliminate the ‘‘Front- Required labels for appliances and Appendix F created the additional Loading’’ and ‘‘Top-Loading’’ sub- required fact sheets for heating and subdivisions of ‘‘Top Loading’’ and categories for clothes washers. The cooling equipment must include a ‘‘Front Loading’’ that appear in the purpose of this change is to provide highlighted energy consumption or current Rule. In the Federal Register consumers with a more accurate basis to efficiency disclosure and a scale, or notice announcing the amendments that compare the efficiency of clothes ‘‘range of comparability,’’ which grew out of the review, the Commission washers. appears as a bar on the label below the discussed the comments on clothes EFFECTIVE DATE: July 14, 2000. main energy use or efficiency figure, washer sub-categories and its reasons FOR FURTHER INFORMATION CONTACT: that shows the highest and lowest for the amendment to Appendix F: James G. Mills, Attorney (202–326– energy consumption or efficiencies for Horizontal axis clothes washers (which are 3035; [email protected]), or Janice Podoll all similar appliance models. Labels for generally front-loading) are significantly Frankle, Attorney (202–326–3022; clothes washers and some other more energy-efficient than vertical axis [email protected]) Division of appliance products also must disclose washers (generally top-loading). Because the estimated annual operating cost based typical door configurations for these products Enforcement, Federal Trade are different, consumers may shop for only Commission, Washington, DC 20580. on a specified national average cost for the fuel the appliances use. SUPPLEMENTARY INFORMATION: 1 Section 325 of EPCA, 42 U.S.C. 6295, directs DOE to develop efficiency standards for major I. Background B. Ranges of Comparability and the Categories in Appendix F household appliances to achieve the maximum improvement in energy efficiency for residential A. The Commission’s Appliance The ‘‘range of comparability’’ scale on appliances that is technologically feasible and Labeling Rule the EnergyGuide is intended to enable economically justified. As amended, the statute itself sets the initial national standards for The Commission issued the consumers to compare the energy appliances and establishes a schedule for regular Appliance Labeling Rule on November consumption or efficiency of the other DOE review of the standards for each product 19, 1979, pursuant to a directive in models (perhaps competing brands) in category. section 324 of Title III of the Energy the marketplace that are similar to the 2 Appendix F defines ‘‘Compact’’ as including all household clothes washers with a tub capacity of Policy and Conservation Act of 1975, 42 labeled model they are considering. less than 1.6 cubic feet or 13 gallons of water; U.S.C. 6294 (EPCA). The Rule requires Section 305.8(b) of the Rule, 16 CFR ‘‘Standard’’ includes all washers with a capacity of manufacturers to disclose energy 305.8(b), requires manufacturers to 1.6 cubic feet or 13 gallons of water or more.
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But, the increase in their availability, The NPR also discussed DOE’s energy The NPR also discussed the coupled with CEE’s research suggesting conservation standards for clothes Commission’s interest in harmonizing that a significant proportion of current washers and possible future changes to the Rule’s labeling requirements with clothes washer consumers are receptive the DOE test procedure, and their those of the Canadian EnerGuide to the idea of buying a front-loading impact on the proposed amendments. Program in accordance with the North machine, suggested that eliminating the DOE has announced, in connection with American Free Trade Agreement distinction between them on labels an ongoing review of its energy (‘‘NAFTA’’) goals of reducing or could assist consumers interested in conservation standards for clothes eliminating non-tariff barriers to trade purchasing more efficient products. washers, that it may eliminate any (e.g., labeling requirements). The NPR also cited information the reference to front-loading or top-loading Commission staff has worked with staff Commission had received stating that (or horizontal-or vertical-axis) in the at Natural Resources Canada (‘‘NRCan’’) the current sub-categories may be standards.11 Thus, when DOE completes since 1992 to harmonize the two causing confusion among prospective its review of the clothes washer countries’ appliance labeling programs clothes washer purchasers. Specifically, standards rule, it is reasonable to expect as much as possible. One example of two letters to Commission staff, dated that DOE will no longer use the ‘‘Front- this cooperation is a change in the April 27 and May 19 of 1998, from the loading’’ and ‘‘Top-loading’’ (or primary energy use descriptor on Office of Energy of the Oregon ‘‘horizontal-axis’’ and ‘‘vertical-axis’’) EnergyGuides for most appliances from Department of Consumer and Business subdivisions to describe clothes estimated annual operating cost to Services (‘‘OEO’’) supported CEE’s washers. An August 14, 1998 letter to kiloWatt-hours per year, the descriptor petition.9 In both letters, OEO expressed Commission staff from DOE’s Assistant used in the Canadian Program.13 concern that consumers are confused by Secretary for Energy Efficiency and The Canadian EnerGuide Program the current subdivisions and that such Renewable Energy asked that the does not divide the ‘‘Standard’’ and confusion undermines consumer Commission eliminate the top-loading ‘‘Compact’’ clothes washer sub- confidence in the EnergyGuide itself, and front-loading sub-categories for categories further into top-loading and which, according to OEO, has been clothes washers because they are front-loading (or horizontal-axis and rising steadily since the Rule was causing consumer confusion about vertical-axis) subdivisions.14 The NPR promulgated in 1979. washer efficiency and appear to be suggested that eliminating the ‘‘Top- The NPR explained that consumer undermining the Energy Star Program’s loading’’ and ‘‘Front-loading’’ confusion may occur because, although credibility. The Assistant Secretary also subdivisions would benefit consumers the label for clothes washers states that stated that, although the amendments to and have the salutary effect of ‘‘Only standard size, front-loading (or DOE’s rules will not take effect for promoting international harmonization top-loading) clothes washers are used in several years, DOE believes ‘‘that it is in and furthering the NAFTA goal of this scale,’’ not all consumers may the consumer’s best interest for FTC to making the standards-related measures notice the disclosure. Consumers adopt the new classifications for of the treaty signatories compatible, looking at top-loading machines may labeling purposes as soon as thereby facilitating trade among the not realize that front-loading models are possible.’’ 12 parties. generally much more efficient, and may Finally, the NPR solicited comment not even consider purchasing a front- for each type of washer. Thus, for a consumer who, from the public on the proposed loading model simply because the because of price or some other reason, wishes to amendments. In particular, the NPR energy consumption figures for front- purchase a top-loading washer, eliminating the sought comments on the following ‘‘Top-Loading’’ and ‘‘Front-Loading’’ sub-categories loading machines are not included in would make it more difficult to determine which questions and issues: The effect of the the range scales appearing on labels for top-loading machine achieves the highest energy ‘‘Top-Loading’’ and ‘‘Front-Loading’’ top-loading models. And, consumers efficiency possible for a top-loader. Although a sub-categories on consumers’ ability to shopping for front-loading machines given retail outlet will likely have several brands choose the most energy efficient model and models for comparison, and such a consumer may get the incorrect impression that would be able to find the most efficient top-loader that will fill their needs; the extent to some of the most efficient models (front- in the store by comparing EnergyGuides, the which consumers shop exclusively for loading) on the market are not really consumer still would not know whether he should either a top-loading or a front-loading highly energy efficient, only because seek other choices by going to another retailer. The model; the economic impact on Commission suggested that consumers’ search costs they are being compared unfavorably to may not be significantly increased, however, manufacturers of the proposed other even more highly-efficient models because consumers may not necessarily know the amendment; the costs and benefits of (also front-loading), instead of to the range of possibilities for other characteristics (such the proposed amendment, and to whom; generally less efficient top-loading as price) of the washer, and thus already need to the benefits and economic impact of the search various retailers. models. Finally, the NPR pointed out 11 In connection with its review of the energy and proposed amendment on small that, because some front-loading clothes water consumption standards for clothes washers, businesses; whether there should be washers that have qualified for the DOE published an Advance Notice of Proposed additional descriptors added to the label Energy Star logo are shown on the Rulemaking on November 14, 1994, in which it (such as tub volume); and whether the indicated its intention to consider only two classes EnergyGuide to be at or near the ‘‘Uses for the clothes washer category—‘‘Compact’’ and timing of the anticipated change to Most Energy’’ end of the comparability ‘‘Standard.’’ 59 FR 56423, at 56425. Later in the scale bar, this may cause consumer review process, DOE issued a Draft Report on 13 59 FR 34014 (July 1, 1994). In addition, in confusion about the Energy Star Design Options for Clothes Washers for use in a 1996, the Commission amended the Rule to permit 10 November 1996 DOE workshop in which DOE again Canada’s EnerGuide, as well as Mexico’s energy Program. proposed reducing the number of clothes washer label, to be placed ‘‘directly adjoining’’ the Rule’s categories to ‘‘Compact’’ and ‘‘Standard.’’ In July required ‘‘EnergyGuide’’ label. Previously the Rule the availability of front-loading clothes washers 1997, DOE published a draft Clothes Washer prohibited the placement of non-required (there were 29 front-loading models out of a total Rulemaking Framework, which DOE staff describes information ‘‘on or directly adjoining’’ the of 381 models (7.6%)). as a ‘‘roadmap’’ for the review process. In that EnergyGuide. 61 FR 33651 (June 28, 1996). 9 These two letters are on the public rulemaking document, DOE stated that it ‘‘believes that there 14 According to NRCan staff, this is because the record in Binder R611004–1–1–3. is no basis for maintaining separate classes for definition of ‘‘clothes washer’’ in the Canadian 10 The NPR also stated that, without the horizontal and vertical clothes washers.’’ regulations encompasses both top-loading and subdivisions, it may be more difficult for consumers 12 DOE’s letter is on the public record in binder front-loading technologies, and the rulemaking staff to determine the range of energy use possibilities R611004–1–1–3. saw no reason for further differentiation.
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DOE’s energy conservation standard procedure and energy conservation commenters pointed out that those same rule should affect the timing of the standards for clothes washers, 26 and high-efficiency models labeled ‘‘Uses amendments (if they become final), and, another opposed the amendment on Most Energy’’ also bear a DOE/EPA if so, how. grounds that will likely be resolved by Energy Star endorsement indicating that 27 they are highly efficient.33 II. Discussion of the Comments and DOE’s revised test and standards. ACEEE stated: Final Amendments 1. Comments in Support On one hand, consumers have been told by A. The Proposed Amendment Eighteen comments expressed general utilities and DOE to look for the Energy Star The Commission received twenty- support for the Commission’s proposal and rebate-eligible models. On the other three comments in response to the to eliminate the ‘‘front-loading’’ and hand, when they look at the Energy Guide, NPR.15 The comments were from five ‘‘top-loading’’ sub-categories for clothes they see that some highly-efficient washers 28 manufacturers,16 six non-profit public washers. They contended that the are labeled ‘‘uses most energy’’ while other, 17 18 current ‘‘front-loading’’ and ‘‘top- much less efficient models, are labeled ‘‘uses interest groups, five utilities, two least energy.34 city energy offices,19 one state energy loading’’ sub-categories confuse 29 20 21 consumers, undermine efforts to Several commenters stated that office, one research laboratory, one combining the categories would enable intra-state compact,22 one law firm on promote high-efficiency clothes 30 23 washers, or impair a consumer’s consumers to compare the different behalf of a manufacturer, and one types of machines and be better individual.24 Three of the commenters ability to distinguish highly efficient 31 informed regarding energy efficiency,35 opposed the Commission’s proposal to equipment from standard. The and that this would provide better amend the Rule to eliminate the ‘‘Front- commenters explained that the quality information to consumers.36 Loading’’ and ‘‘Top-Loading’’ sub- confusion occurs because under the Nine commenters stated that typically categories.25 One other commenter current labeling system, front-loaders are not compared to top-loaders in any customers do not choose a washer on supported the amendment but opposed 37 its becoming effective in advance of direct way. Consequently, some of the the basis of top- versus front-loading. anticipated revisions to DOE’s test most energy efficient front-loading ACEEE stated that its understanding, models have an EnergyGuide label based on discussions with appliance 15 Willett Kempton (‘‘Kempton’’) (1); Consumers stating ‘‘Uses Most Energy’’ because the manufacturers and retailers, as well as Union (‘‘CU’’) (2); City of Portland, Oregon Energy front-loading models are only compared discussions with manufacturers of high- Office (‘‘POE’’) (3); Amana Appliances (‘‘Amana’’) with other front-loading models.32 Two efficiency clothes washers, is that many (4); Oregon Office of Energy (‘‘OOE’’) (5); Maytag consumers are now considering both Corporation (‘‘Maytag’’) (6); City of Austin, Water 26 Whirlpool-1 (10). Conservation Division (‘‘Austin-WCD’’) (7); Boston top- and front-loading machines and are 27 Edison (8); American Council for an Energy GE (12). comparing a range of product attributes, Efficient Economy (‘‘ACEEE’’) (9); Whirlpool 28 Kempton (1) p. 1; CU (2) p. 1; POE (3) p. 1; OOE including cleaning ability; wear on Corporation (‘‘Whirlpool-1’’) (10); Whirlpool (5) p. 1; Maytag (6); Austin-WCD (7) p. 1; Boston clothes; manufacturer reputation; Corporation (‘‘Whirlpool-2’’) (11) (Whirlpool filed Edison (8) p. 1; ACEEE (9) p. 1; Whirlpool-1 (10) its substantive comments twice; this second version p. 1; Mass. Elec. (13) p. 1; NRDC (15); CEE (16) p. washer capacity; energy, water and contains a confidential attachment and is not on the 1; NEEA (17) p. 1; Com. Elec. (18) p. 1; Bay State public part of the rulemaking record); General Gas (20) p. 1; NPPC (21) p. 1; TPU (22) p. 1; NEEP subdivision, the rating of a specific model front Electric Appliances (‘‘GE’’) (12); Massachusetts (23) p. 1. loader washer may appear to be less efficient than Electric (‘‘Mass. Elec.’’) (13); Pacific Northwest 29 OOE (5) p. 2 (Many consumers who have called a specific model top load washer, when in reality National Laboratory (‘‘PNNL’’) (14); Natural OOE have asked for clarification regarding what it is much more efficient.’’); Boston Edison (8) p.1; Resource Defense Council (‘‘NRDC’’) (15); seems to be contradictory information on the Mass. Elec. (13) p.1; Bay State Gas (20) p.1. Consortium for Energy Efficiency (‘‘CEE’’) (16); EnergyGuide labels.); Maytag (6) p. 2 (Separation of 33 CEE (16) p.1; Bay State Gas (20) p.1. Northwest Energy Efficiency Alliance (‘‘NEEA’’) top-loading and front-loading washers into different (17); Commonwealth Electric Company (‘‘Com. subdivisions makes the comparison misleading.); 34 ACEEE (9) p.1. Elec.’’) (18); Alliance Laundry Services (‘‘Alliance’’) Austin-WCD (7) (Received calls from consumers 35 Kempton (1) p. 1; POE (3) p.1; Austin-WCD (7) (19); White & Case Limited Liability Partnership who were confused by the EnergyGuide label.); p. 1 (‘‘Combining the categories would . . . (‘‘White & Case’’) (19A); Bay State Gas Company ACEEE (9) p. 1; NEEA (17) p. 2 (Top- and front- emphasize the savings derived from the more (‘‘Bay State Gas’’) (20); Northwest Power Planning loading subdivisions may confuse consumers efficient washers, promoting the more efficient Council (‘‘NPPC’’) (21); Tacoma Public Utilities interested in purchasing a resource-efficient clothes machines at the expense of the less efficient. ’’); (‘‘TPU’’) (22); Northeast Energy Efficiency washer.); Bay State Gas (20) p. 2 (Evidence that the NEEA (17) p. 1; NPPC (21) p. 1; NEEP (23) p. 1. Partnerships (‘‘NEEP’’) (23). The comments are on current system of labeling categories is inaccurate 36 Maytag (6) p.3 (‘‘Unfortunately, because of the the public record and are available for public and confusing to consumers is overwhelming and separate classes and labels for H-axis and V-axis, inspection in accordance with the Freedom of agreed upon by a broad cross-section of the dramatic difference in energy use between these Information Act, 5 U.S.C. 552, and the stakeholders, e.g., utilities, efficiency advocates, washer designs is not apparent to the consumer. By Commission’s Rules of Practice, 16 CFR 4.11, at the manufacturers, Consumer Reports magazine.); combining H-axis and V-axis into a single class and Consumer Response Center, Public Reference NPPC (21) p. 1 (Current label may cause confusion therefore a single, label, the energy savings would Section, Room 130, Federal Trade Commission, 600 among consumers wanting to purchase a resource- be immediately apparent.’’); Boston Edison (8) p. 2; Pennsylvania Avenue, NW, Washington, D.C. The efficient model since the ‘‘least efficient’’ front- Com. Elec. (18) p. 2. comments are organized under the Appliance loading resource-efficient models are far less costly 37 Kempton (1) p. 1 (Most consumers will choose Labeling Rule, 16 CFR part 305, Matter No. to operate than the ‘‘most efficient’’ top-loading a washer based on other features, including R611004, ‘‘Clothes Washer Categories Rulemaking.’’ models.); NEEP (23) pp. 1–2 (May cause confusion operating cost.); POE (3) p. 1 (Capacity, rather than 16 Amana (4); Maytag (6); Whirlpool-1 (10); GE for those who want to buy a resource-efficient door configuration, is most consumers’ first (12); and Alliance (19). model.) consideration, and cost is next.); Boston Edison (8) 17 CU (2); ACEEE (9); NRDC (15); CEE (16); NEEA 30 CU (2) p. 1; POE (3) p. 1 (Seeing a highly p. 1; Mass. Elec. (13); CEE (16) pp. 3–4; NEEA (17) (17); and NEEP (23). efficient, horizontal-axis washing machine on the p. 3 (When consumers were asked which clothes 18 Boston Edison (8); Mass. Elec. (13); Com. Elec. high end of the energy use spectrum is inconsistent washer features were important to them, they (18); Bay State Gas (20); and TPU (22). with the message about how efficient they are.); ranked good cleaning first, followed by load Maytag (6) p. 3 (Single EnergyGuide label for all 19 POE (3); and Austin-WCD (7). capacity, energy/water efficiency, price and standard size washers could be a significant force 20 OOE (5). operating costs.); Com. Elec. (18) p. 1; NPPC (21) in transforming the clothes washer market to high p. 2 (Other features of the clothes washer have more 21 PNNL (14). efficiency models.); NRDC (15) p. 1; CEE (16) p. 1; importance in the decision making process than 22 NPPC (21). Bay State Gas (20) p. 1; TPU (22) p. 1. style of loading.); NEEP (23) p. 2 (Current FTC label 23 White & Case (19A). 31 Maytag (6) p.2; CEE (16) p.1; Bay State Gas (20) is based on a now arbitrary distinction regarding 24 Kempton (1) (Willett Kempton is a senior p.1. how the washers load, a feature that is not policy scientist at the University of Delaware.) 32 Maytag (6) p.2 (‘‘By placing all front loaders, considered by consumers when shopping for a new 25 Amana (4); Alliance (19); White & Case (19A). which tend to be far more efficient, in a separate clothes washer.)
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machines by understating their actual 3. Comments Addressing the Benefits the economy,71 and retailers and energy consumption. and Costs of the Proposed Amendment manufacturers.72 Six commenters urged GE’s point was based on the fact that, A majority of the commenters that the Commission not wait for under the current DOE test procedure, maintained that the amendment would possible changes to the DOE regulations vertical-axis machines are tested for the have beneficial results.62 Several before implementing the revised sub- average energy used in running the asserted that consumers would be more categories because the implementation machine in the maximum fill and effectively educated 63 and that there of the test and standards is still at least minimum fill cycles with no test load in would be consistency with the several years away.73 Those arguing in the tub, while front-loaders are tested categories used by the EnerGuide favor of immediate implementation for the average energy used in running Program in Canada.64 Four commenters contended generally that continuance of the machine with three-pound and contended that one of the benefits of the the current sub-categories: would seven-pound loads. GE argued that thus proposed amendment would be that continue consumer confusion;74 could only the test for V-axis machines some purchasers would choose to buy impede DOE/EPA and utilities’ efforts to accounts for the full range of potential more efficient washers.65 Commenters increase consumer awareness about clothes loads. GE contended that variously stated that the proposed energy efficiency in clothes washers;75 ‘‘advocates of horizontal-axis clothes amendment would reduce water would result in significant uncaptured 66 washers tout these machines’ ability to consumption, promote energy energy and water savings due to lost 67 hold far more garments than the users efficiency, and that saving energy sales of more efficient clothes washer 68 of traditional machines would perceive means saving money. Several models;76 and would perpetuate an commenters stated that they believed to be optimal,’’ and that ‘‘this claimed artificial market barrier to adoption of a that the proposed amendment would advantage’’ would result in an highly energy efficient technology.77 understatement in energy label values benefit the environment,69 consumers,70 for horizontal-axis washers. GE asserted Amana saw no benefits in the that this understatement results from 62 Kempton (1) p. 1; CU (2) p. 1; POE (4) p. 1: OOE proposed amendment. It is believed that (5) p. 3; Maytag (6) pp. 2–4; Austin-WCD (7) p. 1; a label change would confuse the fact that the larger loads would use Boston Edison (8) pp. 1–2; ACEEE (9) p. 2; Mass. more water, and thus energy to heat it, Elec. (13) pp. 1–2; NRDC (15) p. 1; CEE (16) p. 5; consumers and adversely impact energy which would mean a higher energy use Com. Elec. (18) pp. 1–2; Bay State (20) pp. 1–2; consumption and/or delay purchase value than what is on the front-loading NPPC (21) p. 1; TPU (22) p. 1; NEEP (23) pp. 1– decisions in favor of the repair of older, machines’ labels. GE conceded that ‘‘if 2. less efficient models.’’ 78 Two other 63 OOC (5) p. 3; Maytag (6) p. 3 (Consumers could the DOE eliminates the different determine at a glance how any washer compares commenters said that manufacturers product classes [in its revised energy with the universe of standard size washers of all who currently have no front-loading, conservation standards and test configurations.); Boston Ed. (8) p. 1 (There would efficient models would incur the costs procedure], the change sought by be an increased consumer awareness about energy efficiency.); CEE (16) p. 5 (Better and more accurate of slightly lower sales and that the sales [CEE’s] petition could be information to consumers.); ACEEE (9) p. 2 (‘‘The of more efficient washer models would reconsidered.’’ 58 prime benefits . . . stem from the fact that consumers would better be able to compare configurations.); Boston Edison (8) p. 1; ACEEE (9) Whirlpool stated that consumers different products, with the result that some p. 2 (‘‘The prime beneficiary of this change will be know the difference between top- and consumers will likely purchase more efficient consumers who purchase these more efficient washers than if the amendment were not front-loading and that the vast majority washers as the high-efficiency washers now being adopted.’’); Com. Elec. (18) p. 2 (Increased of consumers have strong preferences sold can reduce operating costs by 50% or more consumer awareness of energy efficiency.); NPPC relative to typical units being sold.’’); Mass. Elec. for the ease of loading offered by top- (21) p. 2 (The current label may cause confusion (13). loaders.59 Whirlpool also expressed among consumers who want to purchase a resource- 71 concern about the cost differential efficient washer.) Kempton (1) p. 1; CEE (16) p. 5. 72 64 OEE (5) p. 3; CEE (5) p. 3. ACEEE (9) p. 2; Boston Edison (8) p. 1; Mass. between top- and front-loading washing Elec. (13) p. 1. 65 Kempton (1) p. 1; CU (2) p. 1; POE (3) p. 1; machines. It stated that most consumers 73 ACEEE (9) p. 2. POE (3) p. 1; OOE (5) p. 5 (‘‘[I]t will be at least cannot afford the high cost of front- 66 Maytag (6) p. 2. five years from the time of the Commission’s decision to implementation if the Commission loading machines, and thus shop for 67 Maytag (6) p. 2; Boston Edison (8) pp. 1–2; wishes to coordinate with DOE’s standard top-loaders generally because of the Com. Elec. (18) pp. 1–2; NPPC (21) p. 1. implementation. This is far too long for consumers 68 perceived or actual convenience that Kempton (1) p. 1; POE (3) p. 1; TPU (22) p. 1 to live with the disadvantages of the current top-loaders offer and because of the (There is a cost of about $300 for a rsource-efficient labeling classifications.’’); Maytag (6) p. 4 machine, but households that purchase these (‘‘Immediate adoption by the Commission of the price difference. Consumers who wish machines save $75 to $100 in yearly charges for to shop for the more efficient top- proposed amendment, regardless of the timing of electricity, water and wastewater; which means the next rulemaking by the Department of Energy, there is a quick pay-back.) loaders would not be able to discern the is in the best interests of consumers.’’); ACEEE (9) 69 ranges of comparability for these Kempton (1) p. 1; OOE (5) p. 3 (‘‘[A]s the sales p. 3 (The earliest time that a new DOE standard can products with a consolidated range of more efficient clothes washers increase, there take effect is September 2003; that time frame is will be enormous water, wastewater treatment and scale.60 Whirlpool concluded that the ‘‘much too long to wait to correct a serious problem energy savings benefits.’’); Austin-WCD (7) p. 1 with the current label.’’); CEE (16) p. 6 (‘‘[I]f the amendment is the best course to follow (Emphasizing water conservation.); NRDC (15) p. 1 FTC waits for DOE, it could be a very long time only if it is made effective in concert (There are energy and water savings with more before an accurate EnergyGuide label for clothes with the effective date of new DOE efficient clothes washer models.); CEE (16) p. 5 washers is implemented.’’); (NPPC (21) p. 3 (‘‘There will be significant energy savings, avoided energy standards for clothes washers, (Strongly recommended that the Commission not air pollution and greenhouse gas emissions, wait for DOE to make its changes since the earliest when high-efficiency top-loaders have substantial water savings, and wastewater treatment possible date that the new standard could take 61 savings as sales of more efficient clothes washers much more market penetration. effect is the fall of 2002.) increase.’’); Bay State Gas (20) p. 1. 74 Boston Edison (8) pp. 1–2; Mass. Elec. (13) p. 70 Kempton (1) p. 1 (By purchasing more efficient 58 2; NRDC (15) p. 1; CEE (16) p. 6. Id. p. 4. washers, consumers could reduce their non- 75 59 Whirlpool-1 (10) pp. 3–4. discretionary expenditures and money would be Boston Edison (8) pp. 1–2; Mass. Elec. (13) p. 60 Id. p. 3 (‘‘front-loading machines * * * made available for other consumer spending.); OOE 2. generally run from $800 to $1100 plus. Most (5) p. 3; Maytag (6) p. 2 (Consumer could determine 76 NRDC (15) p. 1. toploaders average about $400.’’) at a glance how any washer compares with the 77 CEE (16) p. 1. 61 Id. p. 1. universe of standard-size washers of all 78 Amana (4) p. 2.
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EnergyGuides that do not distinguish The Commission also is not larger capacities. However, the larger between the two subcategories, and that, persuaded by the contention of Alliance clothing capacity may make for a much in particular, H-axis machines would that the proposed amendment would more efficient machine.’’ 94 To improve appear to have greater relative efficiency result in an EnergyGuide label that on this situation, CU stated that the than is actually the case. GE did not compares the energy efficiency of two annual energy cost should be for provide evidence of consumer behavior distinct products. An EnergyGuide label washing a specific number of pounds of respecting the pounds of clothes that that does not categorize washers based clothing per year, based on the DOE consumers wash, or expect to wash, in on loading orientation will enable test’s assumed average annual use of front-loading machines. And, although consumers who are not looking for a 392 cycles per year.95 GE implies that front-loaders have washer with particular loading option to Five commenters stated that the greater capacity than top-loaders, a compare easily features and energy Commission should require that the recent study by Consumer Reports consumption for all washers within internal tub volume of clothes washers, magazine states that there is little either the ‘‘standard’’ or ‘‘compact’’ sub- in cubic feet or in gallons (or both), also variation in capacity among full-sized categories, or both. be required on the EnergyGuide washers, including both front- and top- Finally, the Commission does not labels.96 PNNL pointed out: 90 loading. Thus, there is no clear agree with White & Case that top- Without some reference to tub volume the indication that the load used in the DOE loading and front-loading washers are consumer may believe that the comparison test for front-loading machines is too necessarily in separate product markets between two machines of different tub small. according to the Commission’s volume is equal. In reality, a comparison of The seven-pound load specified as the Horizontal Merger Guidelines. White & two machines of different tub volumes is not large load (to be used with a three- Case’s argument rests almost entirely on equal. Assuming that near-full loads are pound load in conducting the test) in the difference in purchase prices washed, the machine with the smaller tub the DOE test was the result of a between the two types of washers, but, volume will require that more loads be washed per year than the machine with the rulemaking procedure conducted by as noted above, this price differential larger tub volume.97 DOE with input from all sectors of the has changed considerably in recent public. One of DOE’s goals in years and is likely to change in the Maytag contended that tub volume developing this aspect of the test was to future. Furthermore, consumers often measurements in cubic feet are capture the concept of ‘‘maximum fill’’ consider the differences in operating misleading because in H-axis washers so that the test results for front-loaders costs of these products, which may the entire measured tub volume is would be analogous to the results for reduce the overall price differential usable, whereas V-axis tub volume top-loaders. Therefore, in the absence of between the two types of products. measurement includes unusable space evidence to the contrary, the To implement today’s decision, the at the top of the tub.98 Maytag also Commission believes that the test Commission amends Sample Label 3 in stated that using gallons as a results are comparable. Appendix I of the Rule, which shows measurement of internal tub volume The Commission has concluded that the proper format for a clothes washer would likely confuse consumers any inaccuracies in the relative EnergyGuide label, by deleting because it could be construed as a water efficiency of H-axis and V-axis washers references on the label to the ‘‘Top- consumption measurement rather than a that may be caused by the differences in loading’’ and ‘‘Front-Loading’’ capacity measurement.99 OEE stated the current DOE test procedures are subcategories. that using cubic feet as a capacity likely to be small. Accordingly, the indicator is a problem because, B. The Need for Additional Information Commission has decided not to delay according to manufacturers, this metric on the Label the effective date of these amendments is not directly comparable from vertical until DOE’s amended energy 1. Comments axis to horizontal axis products.100 conservation standards and test Fourteen commenters responded to 2. The Commission’s Conclusions procedure for clothes washers become the question in the NPR asking whether The Commission has decided not to effective and possibly eliminate any the Commission should add other slight inequalities between the add other capacity descriptors to labels descriptors of clothes washer capacity for clothes washers, and to keep only measured energy use of the two types of (such as tub volume) to the label if it machines.91 eliminates the ‘‘Top-Loading’’ and 94 CU (2) p. 1. 92 ‘‘Front-Loading’’ sub-categories. Six 95 Id. p. 1 (‘‘We would suggest that the annual 90 Consumer Reports, July 1999. In the article, pounds-of-clothing be calculated by multiplying ‘‘capacity’’ is based on how well clothes can stated that other information or 93 392 by about 8 pounds per load, or 3136 pounds- circulate in increasingly large loads. descriptors are unnecessary. of-laundry per year. Therefore, the yellow sticker 91 CU stated that it would like to see the The Commission does not agree, moreover, should list the amount of energy used to wash 3136 with FE’s contention that the Commission cannot proposed amendment taken one step pounds of clothes, rather than the amount of energy amend the product classes set out in the further, noting that the FTC label looks used in 392 cycles regardless of how many pounds Appendices to its Rule independent of a DOE of clothes can be washed in those 392 cycles.’’) determination on product class. The Commission is only at total energy consumption, and 96 Amana (4) p. 3; OOE (5) p. 4; ACEE (9) p. 3; not constrained by any statutory provisions from not efficiency: ‘‘Therefore, at first PNNL (14) p. 1; CEE (16) pp. 5–6. establishing the product classes in the Appendices glance, small-clothing-capacity washers 97 PNNL (14) p. 1. for purposes of the ranges of comparability in may appear better than ones with much whatever form it believes to be most appropriate. 98 The DOE test measures the tub volume in top- For example, until 1994, the product classes for loaders without including the space taken up by the refrigerators, refrigerator-freezers, and freezers in with those in the DOF energy conservation agitator, so the volume figure reflects the amount (then) Appendices A–1, A–2, and B were standards program whenever it has concluded that of water that can actually go into the tub. Maytag significantly different from the more feature- doing so is helpful to consumers and competition. suggested applying a factor of 1.2 to the volume of specific configurations in DOE’s energy 92 Kempton (1) p. 2; CU (2) p. 1; Amana (4) pp. an H-axis machine to correct this inconsistency for conservation standards, and the current classes for 2 and 3; OOE (5) p. 4; POE (3) p. 1; OOE (5) p. 5; test procedure purposes; for example, and H-axis dishwashers are determined differently (the Maytag (6) p. 4; ACEEE (9) p. 3; Whirlpool-1 (10) machine with a measured volume of 3.0 cubic feet Commission’s Rule differentiates between p. 6; GE (12) p. 2; PNNL (14) p. 1; NRDC (15) p. would have the equivalent usable volume of a 3.6- ‘‘Standard’’ and ‘‘Compact’’ on the basis of place 1; CEE (16) p. 5; Alliance (19) p. 2. cubic-foot V-axis machine. Maytag (6) p. 4. settings, and DOE uses exterior width). The 93 Kempton (1) p. 2; OOE (5) p. 5; Maytag (6) p. 99 Maytag (6) p. 4. Commission has chosen to align its product classes 4; ACEEE (9) p. 3; NRDC (15) p. 1; CEE (16) p. 5. 100 OOE (5) p. 4.
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List of Subjects in 16 CFR Part 305 PART 305ÐRULE CONCERNING ‘‘Standard’’ includes all household clothes DISCLOSURES REGARDING ENERGY washers with a tub capacity of 1.6 cu. ft. or Advertising, Energy conservation, CONSUMPTION AND WATER USE OF 13 gallons of water or more. Household appliances, Labeling, CERTAIN HOME APPLIANCE AND Reporting and recordkeeping OTHER PRODUCTS REQUIRED Range of estimated an- requirements. nual energy consumption UNDER THE ENERGY POLICY AND Capacity (kWh/yr.) Authority: 42 U.S.C. 6294. CONSERVATION ACT (``APPLIANCE LABELING RULE'') Low High V. Final Amendment 1. The authority for part 305 COMPACT ...... 537 607 In consideration of the foregoing, the continues to read as follows: STANDARD ...... 156 1154 Commission amends title 16, chapter I, Authority: 42 U.S.C. 6294. subchapter C of the Code of Federal 2. Appendix F to Part 305—Clothes 3. Sample Label 3 in Appendix L to Regulations, as follows: Washers is revised to read as follows: Part 305 is revised to read as follows:
Appendix F to Part 305—Clothes Washers BILLING CODE 6750±01±P Range Information ‘‘Compact’’ includes all household clothes washers with a tub capacity of less than 1.6 cu. ft. or 13 gallons of water.
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By direction of the Commission. Benjamin I. Berman, Acting Secretary. [FR Doc. 00–7461 Filed 3–24–00; 8:45 am] BILLING CODE 6750±01±C
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DEPARTMENT OF THE TREASURY ENVIRONMENTAL PROTECTION Cat- NAICS Examples of poten- AGENCY egories tially affected entities Internal Revenue Service 40 CFR Part 180 Industry 111 Crop production. 26 CFR Part 1 112 Animal production. 311 Food manufacturing. [TD 8874] [OPP±300988; FRL±6498±7] 32532 Pesticide manufac- turing. RIN 1545±AW10 RIN 2070±AB78 This listing is not intended to be Travel and Tour Activities of Tax- Dichlormid; Time-Limited Pesticide Exempt Organizations; Correction exhaustive, but rather provides a guide Tolerance for readers regarding entities likely to be AGENCY: Internal Revenue Service (IRS), affected by this action. Other types of AGENCY: Treasury. Environmental Protection entities not listed in the table could also Agency (EPA). ACTION: Correction to final regulations. be affected. The North American ACTION: Final rule. Industrial Classification System SUMMARY: This document contains (NAICS) codes have been provided to corrections to final regulations which SUMMARY: This regulation establishes assist you and others in determining were published in the Federal Register time-limited tolerances for residues of whether or not this action might apply on Monday, February 7, 2000 (65 FR the inert ingredient (herbicide safener) to certain entities. If you have questions 5771), clarifying when the travel and dichlormid (N,N-diallyl regarding the applicability of this action tour activities of tax-exempt dichloroacetamide) in or on corn to a particular entity, consult the person organizations are substantially related to commodities (forage, grain, stover) at listed under FOR FURTHER INFORMATION the purposes of which exemptions was 0.05 ppm. Zeneca Ag Products CONTACT. granted. requested these tolerances under the B. How Can I Get Additional DATES: This correction is effective Federal Food, Drug, and Cosmetic Act, Information, Including Copies of this February 7, 2000. as amended by the Food Quality Document and Other Related FOR FURTHER INFORMATION CONTACT: Protection Act of 1996. The tolerances Documents? Robin Ehrenberg at (202) 622–6080 (not will expire and be revoked on March 27, a toll-free number). 2002. 1. Electronically. You may obtain electronic copies of this document, and SUPPLEMENTARY INFORMATION: DATES: This regulation is effective certain other related documents that Background March 27, 2000. Objections and requests might be available electronically, from for hearings, identified by docket the EPA Internet Home Page at http:// The final regulations that are the control number OPP–300988, must be subject of these corrections are under www.epa.gov/. To access this received by EPA on or before May 26, document, on the Home Page select section 513 of the Internal Revenue 2000. Code. ‘‘Laws and Regulations’’ and then look ADDRESSES: Written objections and up the entry for this document under Need for Correction hearing requests may be submitted by the ‘‘Federal Register—Environmental As published, the final regulations mail, in person, or by courier. Please Documents.’’ You can also go directly to (TD 8874) contain errors that may prove follow the detailed instructions for each the Federal Register listings at http:// to be misleading and are in need of method as provided in Unit VI. of the www.epa.gov/fedrgstr/. clarification. SUPPLEMENTARY INFORMATION. To ensure 2. In person. The Agency has proper receipt by EPA, your objections established an official record for this Correction of Publication and hearing requests must identify action under docket control number Accordingly, the publication of the docket control number OPP– 300988 in OPP–300988. The official record final regulations (TD 8874), which were the subject line on the first page of your consists of the documents specifically the subject of FR Doc. 00–2154, is response. referenced in this action, and other corrected as follows: information related to this action, FOR FURTHER INFORMATION CONTACT: By 1. On page 5772, in the first column, including any information claimed as mail: Treva Alston, Registration under the caption ‘‘Background’’, in the Confidential Business Information (CBI). Division (7505C), Office of Pesticide last line of the first paragraph, the This official record includes the Programs, Environmental Protection language, ‘‘circumstances test in four documents that are physically located in Agency, Ariel Rios Bldg.,1200 situations’’ is corrected to read the docket, as well as the documents Pennsylvania Avenue, NW., ‘‘circumstances test’’. that are referenced in those documents. Washington, DC 20460; telephone The public version of the official record § 1.513±7 [Corrected] number: (703–308–8373; and e-mail does not include any information address: [email protected]. 2. On page 5774, third column, in claimed as CBI. The public version of § 1.513–7(b) Example 7, line 10, the SUPPLEMENTARY INFORMATION: the official record, which includes language, ‘‘contribution to W of q printed, paper versions of any electronic I. General Information dollars. Each year, W’’ is corrected to comments submitted during an read ‘‘contribution to W of $q. Each A. Does This Action Apply to Me? applicable comment period is available year, W’’. for inspection in the Public Information You may be affected by this action if and Records Integrity Branch (PIRIB), Dale D. Goode, you are an agricultural producer, food Rm. 119, Crystal Mall #2, 1921 Jefferson Federal Register Liaison, Assistant Chief manufacturer, or pesticide Davis Hwy., Arlington, VA, from 8:30 Counsel (Corporate). manufacturer. Potentially affected a.m. to 4 p.m., Monday through Friday, [FR Doc. 00–5248 Filed 3–24–00; 8:45 am] categories and entities may include, but excluding legal holidays. The PIRIB BILLING CODE 4830±01±P are not limited to: telephone number is (703) 305–5805.
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II. Background and Statutory Findings nervous system, and carcinogenicity. mg/kg/day for males and 1.6 mg/kg/day The Agency previously established Second, EPA examines exposure to the for females). Based on minor decreases under the Federal Food, Drug, and pesticide through the diet (e.g., food and in body weight gains and food efficiency Cosmetic Act in a Federal Register drinking water) and through exposures in females and on increased liver weight Notice dated March 18, 1994 (59 FR that occur as a result of pesticide use in and a slightly increased incidence of 12857), a time-limited tolerances for residential settings. For further liver lipidosis in males, the lowest- dichlormid which expired on December discussion of the regulatory observe-adverse-effect level (LOAEL) is 31, 1998. These tolerances were for requirements of section 408 and a 200 ppm under the conditions of this corn, forage (field), at 0.05 ppm; corn, complete description of the risk study (intake of approximately 14 mg/ fodder (field) at 0.05 ppm; and corn, assessment process, see the final rule on kg/day for males and 16 mg/kg/day for females. grain (field) at 0.05 ppm. In the Federal Bifenthrin Pesticide Tolerances (62 FR 8. 90–day feeding (capsule) study. The Register of September 16, 1998 (63 FR 62961, November 26, 1997) (FRL–5754– 7). NOAEL is 5 mg/kg/day for both sexes in 49568–49574) (FRL–6025–8), EPA the 90–day dog study. Based on issued a notice pursuant to section 408 III. Aggregate Risk Assessment and decreased body weight gains, of the Federal Food, Drug, and Cosmetic Determination of Safety hematological and clinical chemistry Act (FFDCA), 21 U.S.C. 346a as Consistent with section 408(b)(2)(D), alterations, liver toxicity, and voluntary amended by the Food Quality Protection EPA has reviewed the available muscle pathological changes, the Act of 1996 (FQPA) (Public Law 104– scientific data and other relevant LOAEL is 25 mg/kg/day for both males 170) announcing the filing of pesticide information in support of this action. or females under the conditions of this petition (PP) 6F03344 for tolerance by EPA has sufficient data to assess the study. Zeneca Ag Products, 1800 Concord Pike, hazards of and to make a determination 9. 90–day inhalation study. The Wilmington, DE. This notice included a 3 on aggregate exposure, consistent with NOAEL is 2 mg/m (2 µg/L) in the 90– summary of the petition prepared by section 408(b)(2), for time limited day rat inhalation study. The LOAEL is Zeneca Ag Products, the petitioner. 3 tolerances for residues of dichlormid on 19.9 mg/m (19.9µg/L) based on clinical There were no comments received in corn, field, forage at 0.05 ppm; corn, signs, gross pathology, opthamology, response to the notice of filing. field, grain, at 0.05 ppm; corn, field, liver and kidney weights, and non- The petition requested that 40 CFR stover at 0.05 ppm; corn, pop, grain at neoplastic histology. 180.469 be amended to establish again 0.05 ppm; corn, pop, stover at 0.05 ppm. 10. Carcinogenicity in the mouse. tolerances for residues of the safener EPA’s assessment of the dietary Under the conditions of the study, there dichlormid, in or on field corn grain, exposures and risks associated with was no evidence of carcinogenic field corn forage, and field corn fodder establishing the tolerances follows. potential. The NOAEL for chronic at 0.05 ppm. The tolerances will expire toxicity is 50 ppm (equivalent to 7.0 mg/ and be revoked on March 27, 2002. A. Toxicological Profile kg/day for male mice and 9.2 mg/kg/day Section 408(b)(2)(A)(i) of the FFDCA EPA has evaluated the available for females). The LOAEL for chronic allows EPA to establish a tolerance (the toxicity data and considered its validity, toxicity is 500 ppm (equivalent to 70.7 legal limit for a pesticide chemical completeness, and reliability as well as mg/kg/day for male mice and 92.4 mg/ residue in or on a food) only if EPA the relationship of the results of the kg/day for females) based on changes in determines that the tolerance is ‘‘safe.’’ studies to human risk. EPA has also reproductive organs and kidney changes Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to considered available information in males. mean that ‘‘there is a reasonable concerning the variability of the 11. Combined chronic toxicity/ certainty that no harm will result from sensitivities of major identifiable carcinogenicity in the rat. Under the aggregate exposure to the pesticide subgroups of consumers, including conditions of this study, there was no chemical residue, including all infants and children. The nature of the evidence of carcinogenic potential. The anticipated dietary exposures and all toxic effects caused by dichlormid are NOAEL for chronic toxicity is 100 ppm other exposures for which there is discussed in this unit. (6.5 mg/kg/day and 7.5 mg/kg/day for reliable information.’’ This includes 1. Acute oral toxicity to the rat. Lethal males and females respectively). The exposure through drinking water and in Dose, LD50, is 2,146 mg/kg. Clinical LOAEL is 500 ppm (32.8 mg/kg/day and residential settings, but does not include signs of neurotoxicity included upward 37.1 mg/kg/day in males and females occupational exposure. Section curvature of the spine, piloerection, respectively) based on liver clinical 408(b)(2)(C) requires EPA to give special salivation, tip toe gait (Toxicity Category pathology, liver histopathology, and consideration to exposure of infants and III). increased liver weight. children to the pesticide chemical 2. Acute dermal toxicity. LD50 < 2,000 12. Developmental toxicity in the rat. residue in establishing a tolerance and mg/kg (limit dose) (Toxicity Category The developmental toxicity NOAEL is to ‘‘ensure that there is a reasonable III). 40 mg/kg/day. The maternal toxicity certainty that no harm will result to 3. Acute inhalation. Lethal NOAEL is 10 mg/kg/day. The maternal infants and children from aggregate Concentration (LC50) is greater than 5.5 toxicity LOAEL is 40 mg/kg/day based exposure to the pesticide chemical mg/L limit dose. Clinical signs of on decreased mean absolute body residue....’’ neurotoxicity included head flicking, weights, body weight gains, and food EPA performs a number of analyses to paw flicking, and salivation. consumption. The developmental determine the risks from aggregate 4. Primary eye irritation. Mild Ocular toxicity LOAEL is 160 mg/kg/day based exposure to pesticide residues. First, Irritant (Toxicity Category IV). on a marginal increase in skeletal EPA determines the toxicity of 5. Primary dermal irritation. Severe anomalies. pesticides based primarily on Dermal Irritant (Toxicity Category II). 13. The developmental toxicity in the toxicological studies using laboratory 6. Skin sensitization. Mild dermal rabbit. The developmental toxicity and animals. These studies address many sensitizer. the maternal toxicity NOAEL are 30 mg/ adverse health effects, including (but 7. 90–day feeding study/rat. The no- kg/day. The maternal toxicity LOAEL is not limited to) reproductive effects, observed-adverse-effect level (NOAEL) 180 mg/kg/day based on an increased developmental toxicity, toxicity to the is 20 ppm (intake of approximately 1.4 incidence of alopecia and decreased
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4. Determination of safety. Based on Therefore, EPA does not expect the the metabolism of dichlormid would these risk assessments, EPA concludes acute risk to exceed 100% of the aPAD. follow the pathway of N,N-dially-2- that there is a reasonable certainty that 3. Chronic (non cancer) risk. There are chloroacetamide. no harm will result from aggregate no registered residential uses for C. Analytical Enforcement Methodology exposure to dichlormid residues. dichlormid. Therefore, chronic aggregate exposure will include food Adequate enforcement methodology E. Aggregate Risks and Determination of and water only. Using tolerance level is available to enforce the tolerance Safety for Infants and Children residues and 100% crop treated expression. The method may be 1. Safety factor for infants and assumptions, the highest exposure is requested from: Calvin Furlow, PRRIB, children—i. In general. In assessing the from an infants and children subgroup, IRSD (7502C), Office of Pesticide potential for additional sensitivity of non-nursing infants(< 1year old), with Programs, Environmental Protection infants and children to residues of an estimated dietary exposure of 9% Agency, Ariel Rios Bldg., 1200 dichlormid, EPA considered data from cPAD. The estimated chronic dietary Pennsylvania Ave., NW., Washington, developmental toxicity studies in the rat risk associated with the use of DC 20460; telephone number: (703) and rabbit. The developmental toxicity dichlormid on corn is below the 305–5229; e-mail address: studies are designed to evaluate adverse Agency’s level of concern. The [email protected]. effects on the developing organism estimated average concentrations of D. Magnitude of Residues resulting from maternal pesticide dichlormid in surface and groundwater exposure gestation. are less than the Agency’s DWLOCs for Crop field trial data for dichlormid FFDCA section 408 provides that EPA dichlormid in drinking water. were submitted and reviewed. The shall apply an additional tenfold margin Therefore, EPA does not expect the submitted data support the time-limited of safety for infants and children in the chronic risk to exceed 100% of the tolerance level of 0.05 ppm for all corn case of threshold effects to account for cPAD. commodities. prenatal and postnatal toxicity and the 4. Short- or intermediate-term risk. E. International Residue Limits Short- and intermediate-term aggregate completeness of the data base unless There is neither a Codex proposal, nor exposure takes into account chronic EPA determines that a different margin Canadian or Mexican limits for residues dietary food and water (considered to be of safety will be safe for infants and of dichlormid in corn commodities. children. Margins of safety are a background exposure level) plus incorporated into EPA risk assessments indoor and outdoor residential V. Conclusion either directly through use of a margin exposure. There are no existing Therefore, the time limited tolerances of exposure (MOE) analysis or through residential uses for dichlormid, are established for residues of the inert using uncertainty (safety) factors in therefore, no short and intermediate ingredient herbicide safener, N,N- calculating a dose level that poses no term risk assessment was performed. diallyldichloracetamide in corn, field, appreciable risk to humans. EPA 5. Determination of safety. Based on forage at tolerance level of 0.05 ppm; believes that reliable data support using these risk assessments, EPA concludes corn, field, grain at a tolerance level of the standard uncertainty factor (usually that there is a reasonable certainty that 0.05 ppm; corn, field, stover at a 100 for combined interspecies and no harm will result to infants and tolerance level of 0.05 ppm; corn, pop, intraspecies variability) when EPA has a children from aggregate exposure to grain at a tolerance level of 0.05 ppm; complete data base under existing dichlormid residues. and corn, pop, stover at a tolerance level guidelines and when the severity of the IV. Other Considerations of 0.05 ppm. The tolerances will expire effect in infants or children or the and be revoked 2 years from the date of potency or unusual toxic properties of a A. Endocrine Disruptor Effects this publication. These tolerances are compound do not raise concerns FQPA requires the Agency to develop being established on a time-limited regarding the adequacy of the standard a screening program to determine basis due to an incomplete data base. MOE/safety factor. whether certain substances (including The following toxicological data gaps ii. Conclusion. An additional safety all pesticides and inerts or active (OPPTS Harmonized Test Guideline) factor is to be retained at 10x since: (1) ingredients) ‘‘may have an effect in have been identified (1) Chronic There is qualitative evidence of humans that is similar to an effect Feeding Study in Dogs, Test Guidelines increased susceptibility in the rabbit produced by a naturally occurring 870.4100; (2) 2-Generation Reproductive developmental study; and (2) the estrogen, or such other endocrine Study in Rats, Test Guideline 870.3800; toxicity database is incomplete. There effect...’’ The Agency has been working (3) General Metabolism Study, Test are data gaps for the 2-generation with interested stakeholders to develop Guideline 870.7485; (4) Acute reproduction study in rats, and acute a screening and testing program as well Neurotoxicity Study, Test Guideline and subchronic neurotoxicity studies. as a priority setting scheme. As the 870.6200; and (5) Subchronic 2. Acute risk. From the acute dietary Agency proceeds with implementation Neurotoxicity Study, Test Guideline risk assessments, high-end exposure of this program, further testing of 870.6200. estimates were calculated for the U.S. products containing the inert ingredient The following product and residue Population and other subgroups. At the dichlormid for endocrine effects may be chemistry data were also identified: (1) 95 th percentile the highest dietary required. Product Chemistry Data-color, Test exposure for infants < 1 year and non- Guideline 830.6302; physical state, Test nursing infants (< 1 year old) is 5% B. Metabolism in Plants and Animals Guideline 830.6303; odor, 830.6304; aPAD. The estimated acute dietary risk No data pertaining to the metabolism melting point, Test Guideline 830.7200; associated with the use of dichlormid of dichlormid have been submitted. The boiling point, Test Guideline 830.7220; on corn is below the Agency’s level of nature of the residue in corn was water solubility, Test Guideline concern. The maximum estimated previously found to be understood 830.7840; and stability, Test Guideline concentrations of dichlormid in surface based on the published metabolism 830.6313; (2) Plant Metabolism Study, and ground water are less than the studies of N,N-diallyl-2- Test Guideline 860.1300; (3) Animal Agency’s DWLOCs for dichlormid. chloroacetamide. It was concluded that Metabolism Studies, Test Guideline
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860.1300; (4) Crop Field Trials, confidential may be disclosed publicly the PIRIB described in Unit I.B.2. You 860.1500; (5) Rotational Crop Study, by EPA without prior notice. may also send an electronic copy of Test Guideline 860.1850 (Confined Mail your written request to: Office of your request via e-mail to: opp- Study). The toxicological, product the Hearing Clerk (1900), Environmental [email protected]. Please use an ASCII chemistry and residue chemistry data Protection Agency, Ariel Rios Bldg., file format and avoid the use of special gaps as identified must be addressed 1200 Pennsylvania Ave., NW., characters and any form of encryption. before a permanent tolerance can be Washington, DC 20460. You may also Copies of electronic objections and established. deliver your request to the Office of the hearing requests will also be accepted Hearing Clerk in Rm. M3708, Waterside on disks in WordPerfect 6.1/8.0 file VI. Objections and Hearing Requests Mall, 401 M St., SW., Washington, DC format or ASCII file format. Do not Under section 408(g) of the FFDCA, as 20460. The Office of the Hearing Clerk include any CBI in your electronic copy. amended by the FQPA, any person may is open from 8 a.m. to 4 p.m., Monday You may also submit an electronic copy file an objection to any aspect of this through Friday, excluding legal of your request at many Federal regulation and may also request a holidays. The telephone number for the Depository Libraries. hearing on those objections. The EPA Office of the Hearing Clerk is (202) 260– procedural regulations which govern the 4865. B. When Will the Agency Grant a submission of objections and requests 2. Tolerance fee payment. If you file Request for a Hearing? for hearings appear in 40 CFR part 178. an objection or request a hearing, you A request for a hearing will be granted Although the procedures in those must also pay the fee prescribed by 40 if the Administrator determines that the regulations require some modification to CFR 180.33(i) or request a waiver of that material submitted shows the following: reflect the amendments made to the fee pursuant to 40 CFR 180.33(m). You There is a genuine and substantial issue FFDCA by the FQPA of 1996, EPA will must mail the fee to: EPA Headquarters of fact; there is a reasonable possibility continue to use those procedures, with Accounting Operations Branch, Office that available evidence identified by the appropriate adjustments, until the of Pesticide Programs, P.O. Box requestor would, if established resolve necessary modifications can be made. 360277M, Pittsburgh, PA 15251. Please one or more of such issues in favor of The new section 408(g) provides identify the fee submission by labeling the requestor, taking into account essentially the same process for persons it ‘‘Tolerance Petition Fees.’’ uncontested claims or facts to the to ‘‘object’’ to a regulation for an EPA is authorized to waive any fee contrary; and resolution of the factual exemption from the requirement of a requirement ‘‘when in the judgement of issues(s) in the manner sought by the tolerance issued by EPA under new the Administrator such a waiver or requestor would be adequate to justify section 408(d), as was provided in the refund is equitable and not contrary to the action requested (40 CFR 178.32). old FFDCA sections 408 and 409. the purpose of this subsection.’’ For VII. Regulatory Assessment However, the period for filing objections additional information regarding the Requirements is now 60 days, rather than 30 days. waiver of these fees, you may contact James Tompkins by phone at (703) 305– This final rule establishes a time- A. What Do I Need to Do to File an 5697, by e-mail at tolerance under FFDCA section 408(d) Objection or Request a Hearing? [email protected], or by mailing a in response to a petition submitted to You must file your objection or request for information to Mr. Tompkins the Agency. The Office of Management request a hearing on this regulation in at Registration Division (7505C), Office and Budget (OMB) has exempted these accordance with the instructions of Pesticide Programs, Environmental types of actions from review under provided in this unit and in 40 CFR part Protection Agency, Ariel Rios Bldg., Executive Order 12866, entitled 178. To ensure proper receipt by EPA, 1200 Pennsylvania Ave., NW., Regulatory Planning and Review (58 FR you must identify docket control Washington, DC 20460. 51735, October 4, 1993). This final rule number OPP–300988 in the subject line If you would like to request a waiver does not contain any information on the first page of your submission. All of the tolerance objection fees, you must collections subject to OMB approval requests must be in writing, and must be mail your request for such a waiver to: under the Paperwork Reduction Act mailed or delivered to the Hearing Clerk James Hollins, Information Resources (PRA), 44 U.S.C. 3501 et seq., or impose on or before May 26, 2000. and Services Division (7502C), Office of any enforceable duty or contain any 1. Filing the request. Your objection Pesticide Programs, Environmental unfunded mandate as described under must specify the specific provisions in Protection Agency, Ariel Rios Bldg., Title II of the Unfunded Mandates the regulation that you object to, and the 1200 Pennsylvania Ave., NW., Reform Act of 1995 (UMRA) (Public grounds for the objections (40 CFR Washington, DC 20460. Law 104–4). Nor does it require any 178.25). If a hearing is requested, the 3. Copies for the Docket. In addition prior consultation as specified by objections must include a statement of to filing an objection or hearing request Executive Order 13084, entitled the factual issues(s) on which a hearing with the Hearing Clerk as described in Consultation and Coordination with is requested, the requestor’s contentions Unit VI.A., you should also send a copy Indian Tribal Governments (63 FR on such issues, and a summary of any of your request to the PIRIB for its 27655, May 19, 1998); special evidence relied upon by the objector (40 inclusion in the official record that is considerations as required by Executive CFR 178.27). Information submitted in described in Unit I.B.2. Mail your Order 12898, entitled Federal Actions to connection with an objection or hearing copies, identified by docket control Address Environmental Justice in request may be claimed confidential by number OPP–300988, to: Public Minority Populations and Low-Income marking any part or all of that Information and Records Integrity Populations (59 FR 7629, February 16, information as CBI. Information so Branch, Information Resources and 1994); or require OMB review or any marked will not be disclosed except in Services Division (7502C), Office of Agency action under Executive Order accordance with procedures set forth in Pesticide Programs, Environmental 13045, entitled Protection of Children 40 CFR part 2. A copy of the Protection Agency, Ariel Rios Bldg., from Environmental Health Risks and information that does not contain CBI 1200 Pennsylvania Ave., NW., Safety Risks (62 FR 19885, April 23, must be submitted for inclusion in the Washington, DC 20460. In person or by 1997). This action does not involve any public record. Information not marked courier, bring a copy to the location of technical standards that would require
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Agency consideration of voluntary on the relationship between the national List of Subjects in 40 CFR Part 180 consensus standards pursuant to section government and the States, or on the 12(d) of the National Technology distribution of power and Environmental protection, Transfer and Advancement Act of 1995 responsibilities among the various Administrative practice and procedure, (NTTAA), Public Law 104–113, section levels of government.’’ This final rule Agricultural commodities, Pesticides 12(d) (15 U.S.C. 272 note). Since directly regulates growers, food and pests, Reporting and recordkeeping tolerances and exemptions that are processors, food handlers and food requirements. established on the basis of a petition retailers, not States. This action does not Dated: March 16, 2000 under FFDCA section 408(d), such as alter the relationships or distribution of James Jones, the tolerance in this final rule, do not power and responsibilities established Director, Registration Division, Office of require the issuance of a proposed rule, by Congress in the preemption Pesticide Programs. the requirements of the Regulatory provisions of FFDCA section 408(n)(4). Flexibility Act (RFA) (5 U.S.C. 601 et Therefore, 40 CFR chapter I is VIII. Submission to Congress and the seq.) do not apply. In addition, the amended as follows: Comptroller General Agency has determined that this action PART 180Ð[AMENDED] will not have a substantial direct effect The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small on States, on the relationship between 1. The authority citation for part 180 Business Regulatory Enforcement the national government and the States, continues to read as follows: or on the distribution of power and Fairness Act of 1996, generally provides responsibilities among the various that before a rule may take effect, the Authority: 21 U.S.C. 321(q), (346a) and levels of government, as specified in agency promulgating the rule must 371. Executive Order 13132, entitled submit a rule report, which includes a 2. Section 180.469 is revised to read Federalism (64 FR 43255, August 10, copy of the rule, to each House of the as follows: 1999). Executive Order 13132 requires Congress and to the Comptroller General of the United States. EPA will submit a § 180.469 N,N-diallyl dichloroacetamide; EPA to develop an accountable process tolerances for residues. to ensure ‘‘meaningful and timely input report containing this rule and other by State and local officials in the required information to the U.S. Senate, (a) General. Tolerances are development of regulatory policies that the U.S. House of Representatives, and established for residues of dichlormid; have federalism implications.’’ ‘‘Policies the Comptroller General of the United N,N-diallyl dichloroacetamide (CAS that have federalism implications’’ is States prior to publication of this final Reg. No. 37764–25–3) when used as an defined in the Executive Order to rule in the Federal Register. This final inert ingredient (safener) in pesticide include regulations that have rule is not a ‘‘major rule’’ as defined by formulations in or on the following food ‘‘substantial direct effects on the States, 5 U.S.C. 804(2). commodities:
Parts Commodity per Expiration/Revocation Date million
Corn, field, forage ...... 0.05 March 27, 2002 Corn, field, grain ...... 0.05 March 27, 2002 Corn, field, stover ...... 0.05 March 27, 2002 Corn, pop, grain ...... 0.05 March 27, 2002 Corn, pop, stover ...... 0.05 March 27, 2002
(b) Section 18 emergency exemptions. SUMMARY: The Commission, at the from the Commission’s copy contractor, [Reserved] request of Big Country Radio, Inc., International Transcription Services, (c) Tolerances with regional licensee of Station KLXK(FM), Channel Inc., (202) 857–3800, 1231 20th Street, registrations. [Reserved] 228C2, Breckenridge, Texas, dismisses NW, Washington, DC 20036. (d) Indirect or inadvertent residues. the petition for rule making requesting [Reserved] the substitution of Channel 228C3 for List of Subjects in 47 CFR Part 73 Channel 228C2 at Brackenridge and the [FR Doc. 00–7416 Filed 3–24–00; 8:45 am] Radio broadcasting. reallotment of Channel 228C3 to BILLING CODE 6560±50±F Graford, Texas. See 63 FR 02355 Federal Communications Commission. (January 15, 1998). John A. Karousos, FOR FURTHER INFORMATION CONTACT: Chief, Allocations Branch, Policy and Rules FEDERAL COMMUNICATIONS Victoria M. McCauley, Mass Media Division, Mass Media Bureau. COMMISSION Bureau, (202) 418–2180. [FR Doc. 00–7389 Filed 3–24–00; 8:45 am] 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a BILLING CODE 6712±01±P synopsis of the Commission’s Report [DA 00±552; MM Docket No. 97±251; RM± and Order, MM Docket No.97–251, 9199] adopted March 1, 2000, and released March 10, 2000. The full text of this Radio Broadcasting Services; Commission decision is available for Breckenridge and Graford, Texas inspection and copying during normal AGENCY: Federal Communications business hours in the FCC Reference Commission. Center (Room 239), 445 12th Street, SW, Washington, DC. The complete text of ACTION: Final rule; dismissal. this decision may also be purchased
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DEPARTMENT OF COMMERCE closes within the Western Aleutian under the 2000 harvest specifications District. for the ‘A’ season has been reached. National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Consequently, NMFS is prohibiting Administration Mary Furuness, 907–586–7228. trawling in critical habitat, as defined at SUPPLEMENTARY INFORMATION: 50 CFR part 226, Table 1 and Table 2 50 CFR Part 679 NMFS manages the groundfish fishery in the in the Western Aleutian District of the BSAI. [Docket No. 000211040±0040±01; I.D. BSAI exclusive economic zone 032100B] according to the Fishery Management Classification Plan for the Groundfish Fishery of the Fisheries of the Exclusive Economic Bering Sea and Aleutian Islands Area This action responds to the TAC Zone Off Alaska; Trawling in Steller (FMP) prepared by the North Pacific limitations for Atka mackerel in the Sea Lion Critical Habitat in the Western Fishery Management Council under BSAI. It must be implemented Aleutian District of the Bering Sea and authority of the Magnuson-Stevens immediately to avoid jeopardy to the Aleutian Islands Fishery Conservation and Management continued existence of Steller sea lions. Act. Regulations governing fishing by A delay in the effective date is AGENCY: National Marine Fisheries U.S. vessels in accordance with the FMP impracticable and contrary to the public Service (NMFS), National Oceanic and appear at subpart H of 50 CFR part 600 interest. NMFS finds for good cause that Atmospheric Administration (NOAA), and 50 CFR part 679. the implementation of this action Commerce. The 2000 TAC for Atka mackerel should not be delayed for 30 days. ACTION: Closure. specified for the Western Aleutian Accordingly, under 5 U.S.C. 553(d), a District during the ‘A’ season is 13,736 delay in the effective date is hereby SUMMARY: NMFS is prohibiting trawling metric tons (mt), of which no more than waived. within Steller sea lion critical habitat in 7,829 mt may be harvested from critical This action is required by § 679.20 the Western Aleutian District of the habitat (65 FR 8282, February 18, 2000). and is exempt from review under E.O. Bering Sea and Aleutian Islands See § 679.20(c)(3)(iii)(A) and 12866. management area (BSAI). This action is 679.22(a)(8)(iii)(B). Authority: 16 U.S.C. 1801 et seq. necessary because the 2000 critical In accordance with habitat percentage of Atka mackerel § 679.22(a)(8)(iii)(A), the Administrator, Dated: March 22, 2000. allocated to the Western Aleutian Alaska Region, NMFS (Regional George H. Darcy, District has been reached. Administrator), has determined that the Acting Director, Office of Sustainable DATES: Effective 1200 hrs, Alaska local allowable harvest of Atka mackerel in Fisheries, National Marine Fisheries Service. time (A.l.t.), March 22, 2000, until the Steller Sea lion critical habitat in the [FR Doc. 00–7488 Filed 3–22–00; 4:30 pm] directed fishery for Atka mackerel Western Aleutian District as specified BILLING CODE 3510±22±F
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Proposed Rules Federal Register Vol. 65, No. 59
Monday, March 27, 2000
This section of the FEDERAL REGISTER p.m., Monday through Friday, except 99–NM–128–AD, 1601 Lind Avenue, contains notices to the public of the proposed Federal holidays. SW., Renton, Washington 98055–4056. issuance of rules and regulations. The The service information referenced in Discussion purpose of these notices is to give interested the proposed rule may be obtained from persons an opportunity to participate in the ´ ´ Airbus Industrie, 1 Rond Point Maurice The Direction Generale de l’Aviation rule making prior to the adoption of the final Civile (DGAC), which is the rules. Bellonte, 31707 Blagnac Cedex, France. This information may be examined at airworthiness authority for France, the FAA, Transport Airplane notified the FAA that an unsafe DEPARTMENT OF TRANSPORTATION Directorate, 1601 Lind Avenue, SW., condition may exist on all Airbus Model Renton, Washington. A300, A310, and A300–600 series Federal Aviation Administration airplanes. The DGAC advises that, FOR FURTHER INFORMATION CONTACT: during a maintenance check, an Norman B. Martenson, Manager, 14 CFR Part 39 inspection of the inner fuel tanks International Branch, ANM–116, FAA, revealed damage (i.e., breakage and [Docket No. 99±NM±128±AD] Transport Airplane Directorate, 1601 corrosion) to several bonding leads. The RIN 2120±AA64 Lind Avenue, SW., Renton, Washington damage is a result of normal aging of the 98055–4056; telephone (425) 227–2110; bonding leads. Damaged bonding leads Airworthiness Directives; Airbus Model fax (425) 227–1149. could create electrical voltage A300, A310, and A300±600 Series SUPPLEMENTARY INFORMATION: differentials between the fuel tank Airplanes components, which could result in Comments Invited electrical arcing inside the fuel tanks. AGENCY: Federal Aviation The DGAC advises that electrical arcing Administration, DOT. Interested persons are invited to participate in the making of the also could occur between certain fuel ACTION: Notice of proposed rulemaking pipe couplings inside the fuel tanks due (NPRM). proposed rule by submitting such written data, views, or arguments as to their existing design. These SUMMARY: This document proposes the they may desire. Communications shall conditions, if not corrected, could result adoption of a new airworthiness identify the Rules Docket number and in fuel ignition and consequent directive (AD) that is applicable to all be submitted in triplicate to the address uncontained rupture of the fuel tank. Airbus Model A300, A310, and A300– specified above. All communications Explanation of Relevant Service 600 series airplanes. This proposal received on or before the closing date Information would require an inspection to detect for comments, specified above, will be damage of the electrical bonding leads considered before taking action on the Airbus has issued Service Bulletins in specified locations of the fuel tanks, proposed rule. The proposals contained A300–28–0072, Revision 01, dated and replacement of any damaged in this notice may be changed in light October 01, 1998, including Appendix 1, dated October 01, 1998, and electrical bonding leads with of the comments received. Appendix 2, dated February 20, 1998 serviceable electrical bonding leads. For Comments are specifically invited on (for Model A300 series airplanes); certain airplanes, this proposal also the overall regulatory, economic, A310–28–2128, Revision 01, dated would require modifying the fuel pipe environmental, and energy aspects of October 01, 1998, including Appendix couplings in specified locations of the the proposed rule. All comments 1, dated October 01, 1998, and fuel tank. This proposal is prompted by submitted will be available, both before Appendix 2, dated February 20, 1998 issuance of mandatory continuing and after the closing date for comments, (for Model A310 series airplanes); and airworthiness information by a foreign in the Rules Docket for examination by A300–28–6057, Revision 01, dated civil airworthiness authority. The interested persons. A report October 01, 1998, including Appendix actions specified by the proposed AD summarizing each FAA-public contact 1, dated October 01, 1998, and are intended to prevent electrical concerned with the substance of this Appendix 2, dated February 20, 1998 arcing/discharge in the fuel tank due to proposal will be filed in the Rules (for Model A300–600 series airplanes). damaged electrical bonding leads or Docket. These service bulletins describe inadequate electrical bonding of the fuel Commenters wishing the FAA to procedures for inspection of the pipe couplings, which could result in acknowledge receipt of their comments electrical bonding leads in specified fuel ignition and consequent submitted in response to this notice locations of the fuel tank for damage uncontained rupture of the fuel tank. must submit a self-addressed, stamped (i.e., breakage, fraying, abrasion damage, DATES: Comments must be received by postcard on which the following looseness of the outer metal braid April 26, 2000. statement is made: ‘‘Comments to protection in the end crimp, looseness ADDRESSES: Submit comments in Docket Number 99–NM–128–AD.’’ The of the outer metal braid protection on triplicate to the Federal Aviation postcard will be date stamped and the bonding lead inner core, corrosion, Administration (FAA), Transport returned to the commenter. or missing leads), and replacement of Airplane Directorate, ANM–114, Availability of NPRMs any damaged electrical bonding lead Attention: Rules Docket No. 99–NM– with a serviceable electrical bonding 128–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this lead. Renton, Washington 98055–4056. NPRM by submitting a request to the Also, Airbus has issued Service Comments may be inspected at this FAA, Transport Airplane Directorate, Bulletins A300–28–0073, Revision 01, location between 9:00 a.m. and 3:00 ANM–114, Attention: Rules Docket No. dated October 01, 1998 (for Model A300
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In the preamble to AD 97–13–06, the examined the findings of the LFV, on these figures, the cost impact of the FAA indicated that the actions required reviewed all available information, and currently required actions on U.S. by that AD were considered ‘‘interim determined that AD action is necessary operators is estimated to be $420 per action’’ and that further rulemaking for products of this type design that are airplane. action was being considered. The FAA certificated for operation in the United The new actions that are proposed in now has determined that further States. this AD action would take as much as rulemaking action is indeed necessary, Explanation of Requirements of and this proposed AD follows from that 9 work hours per airplane to Proposed Rule determination. accomplish, at an average labor rate of Since an unsafe condition has been $60 per work hour. Required parts Explanation of Relevant Service identified that is likely to exist or would be provided free of charge by the Information develop on other airplanes of the same manufacturer. Based on these figures, Saab has issued Service Bulletins type design registered in the United the cost impact of the proposed 340–33–048, Revision 01, dated January States, the proposed AD would requirements of this AD on U.S. 21, 1999 (for Model SAAB 340B series supersede AD 97–13–06 to continue to operators is estimated to be $42,120, or airplanes), and 2000–33–015 (for Model require the actions specified in that AD, $540 per airplane. SAAB 2000 series airplanes), dated and to add a requirement for The cost impact figures discussed January 29, 1999. These service replacement of the electronic light above are based on assumptions that no bulletins describe procedures for ballasts with improved ballasts, which operator has yet accomplished any of replacement of the electronic light would terminate the requirement for the proposed requirements of this AD ballasts with improved ballasts, which reinspections of the lamps. The would eliminate the need for proposed AD would also expand the action, and that no operator would reinspection of the fluorescent applicability of the existing AD to accomplish those actions in the future if lampholders. Additionally, Service include additional Model SAAB 340B this AD were not adopted. Bulletin 340–33–048, Revision 01, and SAAB 2000 series airplanes that are Regulatory Impact references Service Bulletin 340–33–049, also subject to the identified unsafe dated January 21, 1999, which describes condition. The actions would be The regulations proposed herein procedures for concurrent modification required to be accomplished in would not have a substantial direct of the ballasts to ensure sufficient accordance with the service bulletins effect on the States, on the relationship clearance between the ballast and described previously, except as between the national Government and certain transistors. discussed below. the States, or on the distribution of Saab also has issued Service Bulletin power and responsibilities among the 340–33–047, Revision 01, dated June 26, Differences Between Proposed Rule and various levels of government. Therefore, 1998. The procedures in Revision 01 are Service Bulletin it is determined that this proposal identical to those in the original issue of Operators should note that this AD would not have federalism implications the service bulletin, which is cited as proposes to mandate, within 18 months, under Executive Order 13132. the appropriate source of service the replacement of the light ballasts information in AD 97–13–06 for Model with improved ballasts as terminating For the reasons discussed above, I SAAB 340B series airplanes. However, action for the reinspections. certify that this proposed regulation (1) Revision 01 specifies additional (Incorporation of the terminating action is not a ‘‘significant regulatory action’’ airplanes in the effectivity of the service specified in this service bulletin is under Executive Order 12866; (2) is not bulletin, and adds a reference to Saab optional in Swedish airworthiness a ‘‘significant rule’’ under the DOT Service Bulletin 340–33–048 (Saab directives 1–113R1 and 1–114R1.) Regulatory Policies and Procedures (44 Modification No. 2936), which would The FAA has determined that long- FR 11034, February 26, 1979); and (3) if eliminate the need for reinspections of term continued operational safety will promulgated, will not have a significant the lamps. be better assured by design changes to economic impact, positive or negative, The LFV classified Service Bulletin remove the source of the problem, rather on a substantial number of small entities 340–33–047, Revision 01, as mandatory, than by repetitive inspections. Long- under the criteria of the Regulatory and approved Service Bulletins 340–33– term inspections may not be providing Flexibility Act. A copy of the draft 048, Revision 01; 340–33–049; and the degree of safety assurance necessary regulatory evaluation prepared for this 2000–33–015; and issued Swedish for the transport airplane fleet. This, action is contained in the Rules Docket. airworthiness directives 1–113R1 and coupled with a better understanding of A copy of it may be obtained by 1–114R1, both dated September 8, 1998, the human factors associated with contacting the Rules Docket at the in order to assure the continued numerous continual inspections, has led location provided under the caption airworthiness of these airplanes in the FAA to consider placing less ADDRESSES. Sweden. emphasis on inspections and more emphasis on design improvements. The FAA’s Conclusions List of Subjects in 14 CFR Part 39 proposed replacement requirement is These airplane models are consistent with these conditions. Air transportation, Aircraft, Aviation manufactured in Sweden and are type certificated for operation in the United Cost Impact safety, Safety. States under the provisions of section There are approximately 78 airplanes The Proposed Amendment 21.29 of the Federal Aviation of U.S. registry that would be affected Regulations (14 CFR 21.29) and the by this proposed AD. Accordingly, pursuant to the applicable bilateral airworthiness The actions that are currently authority delegated to me by the agreement. Pursuant to this bilateral required by AD 97–13–06 take Administrator, the Federal Aviation airworthiness agreement, the LFV has approximately 7 work hours per Administration proposes to amend part kept the FAA informed of the situation airplane to accomplish, at an average 39 of the Federal Aviation Regulations described above. The FAA has labor rate of $60 per work hour. Based (14 CFR part 39) as follows:
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PART 39ÐAIRWORTHINESS through –439 inclusive; and Model SAAB any lamp is installed incorrectly, prior to DIRECTIVES 2000 series airplanes having serial numbers further flight, make corrections to ensure –004 through –059 inclusive: Within 30 days correct installation in accordance with the 1. The authority citation for part 39 after July 7, 1997 (the effective date of AD applicable service bulletin. continues to read as follows: 97–13–06, amendment 39–10052), accomplish the actions required by New Requirements of This AD Authority: 49 U.S.C. 106(g), 40113, 44701. paragraphs (a)(1), (a)(2), and (a)(3), as Inspections for Additional Airplanes § 39.13 [Amended] applicable. (1) For all airplanes: Inspect the fluorescent (c) For airplanes other than those specified 2. Section 39.13 is amended by lamps installed in the ceiling/window of the in paragraph (a) of this AD: Within 30 days removing amendment 39–10052 (62 FR lavatory and passenger compartment to after the effective date of this AD, accomplish 33545, June 20, 1997), and by adding a ensure correct installation; and inspect the the requirements of paragraph (a) of this AD, new airworthiness directive (AD), to lampholders for discrepancies such as and thereafter accomplish the requirements read as follows: discoloration, evidence of electrical arcing at of paragraph (b) of this AD. the light tube pins, charring or melting, or Terminating Modification SAAB Aircraft AB: Docket 99–NM–354– insecure back covers; in accordance with AD. Supersedes AD 97–13–06, Saab Service Bulletin 340–33–047, dated (d) For all airplanes: Within 18 months Amendment 39–10052. May 16, 1997 (for Model SAAB 340B series after the effective date of this AD, accomplish Applicability: This AD applies to the airplanes); or Saab Service Bulletin 2000–33– the requirements of paragraph (d)(1) or (d)(2) following airplanes: 014, dated May 16, 1997 (for Model SAAB of this AD, as applicable. Accomplishment of • Model SAAB 340B series airplanes 2000 series airplanes); as applicable. the actions required by the applicable having serial numbers –342 and –359 (i) If any lamp is installed incorrectly, prior paragraph constitutes terminating action for through –460 inclusive, certificated in any to further flight, install the lamp correctly in the requirements of this AD. category; except those on which Saab Service accordance with the applicable service (1) For Model SAAB 340B series airplanes: Bulletin 340–33–048, Revision 01, dated bulletin. Replace the electronic light ballasts with January 21, 1999 (Saab Modification No. (ii) If any discrepancy is found, prior to improved ballasts, in accordance with Saab 2936), has been incorporated; and further flight, replace the lampholder with a Service Bulletin 340–33–048, Revision 01, • Model SAAB 2000 series airplanes new lampholder in accordance with the dated January 21, 1999. Concurrent with the having serial numbers –004 through –063 applicable service bulletin. replacement, modify the ballasts to ensure inclusive, certificated in any category; except (2) For Model SAAB 340B series airplanes sufficient clearance between the ballast and those on which Saab Service Bulletin 2000– on which a Page Aerospace lampholder certain transistors, in accordance with Saab 33–015, dated January 29, 1999 (Saab having part number (P/N) D756–02–001 is Service Bulletin 340–33–049, dated January Modification No. 6148), has been installed: Install a retaining clip in 21, 1999. incorporated. accordance with Saab Service Bulletin 340– (2) For Model SAAB 2000 series airplanes: Note 1: This AD applies to each airplane 33–040, Revision 02, dated February 20, Replace the electronic light ballasts with identified in the preceding applicability 1997. improved ballasts, in accordance with Saab provision, regardless of whether it has been Note 2: Installation of retaining clips on Service Bulletin 2000–33–015, dated January otherwise modified, altered, or repaired in Page Aerospace lampholders that was 29, 1999. accomplished prior to July 7, 1997, in the area subject to the requirements of this Spares AD. For airplanes that have been modified, accordance with Saab Service Bulletin 340– altered, or repaired so that the performance 33–040, Revision 01, dated January 31, 1997, (e) As of the effective date of this AD, no of the requirements of this AD is affected, the also is considered acceptable for compliance person shall install a fluorescent lampholder owner/operator must request approval for an with the requirement of paragraph (a)(2) of having Page Aerospace P/N D756–02–001 or alternative method of compliance in this AD. Page Aerospace P/N C756–10–001 on any accordance with paragraph (f)(1) of this AD. (3) For Model SAAB 2000 series airplanes Model SAAB 340B or SAAB 2000 series The request should include an assessment of on which a Page Aerospace lampholder airplane, unless the lampholder has been the effect of the modification, alteration, or having P/N C756–10–001 is installed: Install modified in accordance with the repair on the unsafe condition addressed by a retaining clip in accordance with Saab requirements of paragraph (a)(2) or (a)(3) of this AD; and, if the unsafe condition has not Service Bulletin 2000–33–009, dated June 19, this AD, as applicable. been eliminated, the request should include 1996. Alternative Methods of Compliance specific proposed actions to address it. Reinspections Following Replacement or (f)(1) An alternative method of compliance Compliance: Required as indicated, unless Reinstallation or adjustment of the compliance time that accomplished previously. (b) Following the accomplishment of the provides an acceptable level of safety may be To prevent electrical arcing between the requirements of paragraph (a) or paragraph used if approved by the Manager, fluorescent tube pins and the lampholders, (c) of this AD: If any fluorescent lamp or International Branch, ANM–116, FAA, which could burn the surrounding area and lampholder is replaced or reinstalled, within Transport Airplane Directorate. Operators lead to smoke and fumes in the passenger 7 days after accomplishing such replacement shall submit their requests through an compartment or lavatory area, accomplish or reinstallation, reinspect the lamp to ensure appropriate FAA Principal Maintenance the following: it is still in the correct position, in Inspector, who may add comments and then Restatement of Requirements of AD 97–13– accordance with Saab Service Bulletin 340– send it to the Manager, International Branch, 06 33–047, dated May 16, 1997, or Revision 01, ANM–116. dated June 26, 1998 (for Model SAAB 340B (2) Alternative methods of compliance, Inspections series airplanes); or Saab Service Bulletin approved previously in accordance with AD (a) For Model SAAB 340B series airplanes 2000–33–014, dated May 16, 1997 (for Model 97–13–06, amendment 39–10052, are having serial numbers –342 and –359 SAAB 2000 series airplanes); as applicable. If approved as
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Airplane Directorate, 1601 Lind detector (Fenwall) is apt to generate operators is estimated to be between Avenue, SW., Renton, Washington. false smoke warnings. Such warnings $4,142, or $2,131 per airplane. FOR FURTHER INFORMATION CONTACT: could result in aborted takeoffs, The cost impact figure discussed Norman B. Martenson, Manager, diversions of flight routes, and above is based on assumptions that no International Branch, ANM–116, emergency evacuation of flight crew and operator has yet accomplished any of Transport Airplane Directorate, 1601 passengers. the proposed requirements of this AD Lind Avenue, SW., Renton, Washington action, and that no operator would Explanation of Relevant Service accomplish those actions in the future if 98055–4056; telephone (425) 227–2110; Information fax (425) 227–1149. this AD were not adopted. The manufacturer has issued SAAB SUPPLEMENTARY INFORMATION: Regulatory Impact Service Bulletin 340–26–023, dated Comments Invited December 21, 1999, which describes The regulations proposed herein Interested persons are invited to procedures for replacing the smoke would not have a substantial direct participate in the making of the detectors in the cargo compartment with effect on the States, on the relationship proposed rule by submitting such new, improved smoke detectors. The between the national Government and written data, views, or arguments as improved smoke detectors are less the States, or on the distribution of they may desire. Communications shall susceptible to humidity, thereby power and responsibilities among the identify the Rules Docket number and minimizing false smoke warnings. The various levels of government. Therefore, be submitted in triplicate to the address LFV classified this service bulletin as it is determined that this proposal specified above. All communications mandatory and issued Swedish would not have federalism implications received on or before the closing date airworthiness directive 1–151, dated under Executive Order 13132. for comments, specified above, will be December 28, 1999, in order to assure For the reasons discussed above, I considered before taking action on the the continued airworthiness of these certify that this proposed regulation (1) proposed rule. The proposals contained airplanes in Sweden. is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not in this notice may be changed in light FAA’s Conclusions of the comments received. a ‘‘significant rule’’ under the DOT Comments are specifically invited on These airplane models are Regulatory Policies and Procedures (44 the overall regulatory, economic, manufactured in Sweden and are type FR 11034, February 26, 1979); and (3) if environmental, and energy aspects of certificated for operation in the United promulgated, will not have a significant the proposed rule. All comments States under the provisions of section economic impact, positive or negative, submitted will be available, both before 21.29 of the Federal Aviation on a substantial number of small entities and after the closing date for comments, Regulations (14 CFR 21.29) and the under the criteria of the Regulatory in the Rules Docket for examination by applicable bilateral airworthiness Flexibility Act. A copy of the draft interested persons. A report agreement. Pursuant to this bilateral regulatory evaluation prepared for this summarizing each FAA-public contact airworthiness agreement, the LFV has action is contained in the Rules Docket. concerned with the substance of this kept the FAA informed of the situation A copy of it may be obtained by proposal will be filed in the Rules described above. The FAA has contacting the Rules Docket at the Docket. examined the findings of the LFV, location provided under the caption Commenters wishing the FAA to reviewed all available information, and ADDRESSES. acknowledge receipt of their comments determined that AD action is necessary List of Subjects in 14 CFR Part 39 submitted in response to this notice for products of this type design that are must submit a self-addressed, stamped certificated for operation in the United Air transportation, Aircraft, Aviation postcard on which the following States. safety, Safety. statement is made: ‘‘Comments to Explanation of Requirements of The Proposed Amendment Docket Number 2000–NM–23–AD.’’ The Proposed Rule postcard will be date stamped and Accordingly, pursuant to the returned to the commenter. Since an unsafe condition has been authority delegated to me by the identified that is likely to exist or Administrator, the Federal Aviation Availability of NPRMs develop on other airplanes of the same Administration proposes to amend part Any person may obtain a copy of this type design registered in the United 39 of the Federal Aviation Regulations NPRM by submitting a request to the States, the proposed AD would require (14 CFR part 39) as follows: FAA, Transport Airplane Directorate, replacing the smoke detectors in the PART 39ÐAIRWORTHINESS ANM–114, Attention: Rules Docket No. cargo compartment with new, improved DIRECTIVES 2000–NM–23–AD, 1601 Lind Avenue, smoke detectors. The actions would be SW., Renton, Washington 98055–4056. required to be accomplished in 1. The authority citation for part 39 accordance with the service bulletin Discussion continues to read as follows: described previously. The Luftfartsverket (LFV), which is Authority: 49 U.S.C. 106(g), 40113, 44701. the airworthiness authority for Sweden, Cost Impact § 39.13 [Amended] recently notified the FAA that an unsafe The FAA estimates that 289 airplanes 2. Section 39.13 is amended by condition may exist on certain Saab of U.S. registry would be affected by this adding the following new airworthiness Model SAAB SF340A and SAAB 340B proposed AD, that it would take directive: series airplanes. The LFV advises that approximately 2 work hours per SAAB Aircraft AB: Docket 2000–NM23–AD. in-service experience has indicated that airplane to accomplish the proposed the smoke detectors in the cargo actions, and that the average labor rate Applicability: Model SAAB SF340A series airplanes, manufacturer’s serial numbers 004 compartment may generate false smoke is $60 per work hour. Required parts through 159 inclusive; and Model SAAB warnings. Investigation revealed that, would cost between $4,022 and $2,011 340B series airplanes, manufacturer’s serial during certain environmental conditions per airplane. Based on these figures, the numbers 160 through 459 inclusive; (high humidity), a certain type of smoke cost impact of the proposed AD on U.S. certificated in any category.
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Note 1: This AD applies to each airplane SECURITIES AND EXCHANGE prohibitions against insider trading. The identified in the preceding applicability COMMISSION deadline for submitting public provision, regardless of whether it has been comments established by the proposing modified, altered, or repaired in the area 17 CFR Parts 230, 240, 243, and 249 release was March 29, 2000. The subject to the requirements of this AD. For [Release Nos. 33±7815, 34±42552, IC±24343, Commission has received requests to airplanes that have been modified, altered, or File No. S7±31±99] extend the deadline. We are therefore repaired so that the performance of the extending the comment period to April requirements of this AD is affected, the RIN 3235±AH82 28, 2000 so that commenters have owner/operator must request approval for an Selective Disclosure and Insider adequate time to address the issues alternative method of compliance in raised by the proposing release. accordance with paragraph (b) of this AD. Trading By the Commission. The request should include an assessment of AGENCY: Securities and Exchange Dated: March 21, 2000. the effect of the modification, alteration, or Commission. repair on the unsafe condition addressed by Margaret H. McFarland ACTION: Proposed rule; extension of this AD; and, if the unsafe condition has not Deputy Secretary comment period. been eliminated, the request should include [FR Doc. 00–7433 Filed 3–24–00; 8:45 am] specific proposed actions to address it. SUMMARY: The Securities and Exchange BILLING CODE 8010±01±P Compliance: Required as indicated, unless Commission is extending the comment accomplished previously. period for its proposed rules regarding To prevent false smoke warnings from the selective disclosure and insider trading, FEDERAL COMMUNICATIONS cargo compartment smoke detectors, which contained in Release No. 33–7787, 64 COMMISSION could result in aborted takeoffs, diversions of FR 72590 (Dec. 28, 1999). The original flight routes, and emergency evacuation of comment period ends March 29, 2000. 47 CFR Part 73 flight crew and passengers, accomplish the The new deadline for submitting public following: [DA No. 00±553, MM Docket No. 00±43, RM± comments is April 28, 2000. 9833] Replacement DATES: Public comments are due on or (a) Within 2 years after the effective date before April 28, 2000. Radio Broadcasting Services; Ebro, FL of this AD, replace the smoke detectors in the ADDRESSES: Please send three copies of AGENCY: Federal Communications your comment letter to Jonathan G. cargo compartment with new, improved Commission. smoke detectors, in accordance with Saab Katz, Secretary, Securities and Exchange Service Bulletin 340–26–023, dated Commission, 450 5th Street, N.W., ACTION: Proposed rule. December 21, 1999. Washington, D.C. 20549–0609. SUMMARY: This document requests Alternative Methods of Compliance Comments can also be sent comments on a petition for rule making electronically to the following e-mail filed on behalf of Washington County (b) An alternative method of compliance or address: [email protected]. Your adjustment of the compliance time that Communications requesting the comment letter should refer to File No. allotment of Channel 236A at Ebro, provides an acceptable level of safety may be S7–31–99. If e-mail is used, include this used if approved by the Manager, Florida, as the community’s first local file number on the subject line. Anyone International Branch, ANM–116, FAA, broadcast service. Channel 236A can be can inspect and copy the comment Transport Airplane Directorate. Operators allotted to Ebro with a site restriction letters in the Commission’s Public shall submit their requests through an 3.3 kilometers (2.0 miles) northwest of appropriate FAA Principal Maintenance Reference Room at 450 5th St., N.W., the community at coordinates 30–28–15 Inspector, who may add comments and then Washington, D.C. 20549. Electronically and 85–53–45. submitted comments will be posted on send it to the Manager, International Branch, DATES: Comments must be filed on or ANM–116. the Commission’s Internet web site (http://www.sec.gov). before May 1, 2000, and reply comments Note 2: Information concerning the on or before May 16, 2000. existence of approved alternative methods of FOR FURTHER INFORMATION CONTACT: ADDRESSES: Federal Communications compliance with this AD, if any, may be Richard A. Levine, Assistant General Commission, Washington, DC 20554. In obtained from the International Branch, Counsel, Sharon Zamore, Senior ANM–116. Counsel, or Elizabeth Nowicki, addition to filing comments with the Attorney, Office of the General Counsel, FCC, interested parties should serve the Special Flight Permits at (202) 942–0890. petitioner’s counsel, as follows: Bruce (c) Special flight permits may be issued in SUPPLEMENTARY INFORMATION: On Eisen, Kaye, Scholer, Fierman, Hays & accordance with sections 21.197 and 21.199 December 20, 1999, the Securities and Handler, LLP, 901 15th Street, NW, of the Federal Aviation Regulations (14 CFR Exchange Commission (Commission) Suite 901, Washington, DC 20005. 21.197 and 21.199) to operate the airplane to issued a proposal for new rules to FOR FURTHER INFORMATION CONTACT: a location where the requirements of this AD address three issues: the selective Kathleen Scheuerle, Mass Media can be accomplished. disclosure by issuers of material Bureau, (202) 418–2180. Note 3: The subject of this AD is addressed nonpublic information; whether insider SUPPLEMENTARY INFORMATION: This is a in Swedish airworthiness directive 1–151, trading liability depends on a trader’s summary of the Commission’s Notice of dated December 28, 1999. ‘‘use’’ or ‘‘knowing possession’’ of Proposed Rule Making, MM Docket No. Issued in Renton, Washington, on March material nonpublic information; and 00–43, adopted March 1, 2000, and 21, 2000. when the breach of a family or other released March 10, 2000. The full text non-business relationship may give rise of this Commission decision is available Donald L. Riggin, to liability under the misappropriation for inspection and copying during Acting Manager, Transport Airplane theory of insider trading. The proposals normal business hours in the Directorate, Aircraft Certification Service. are designed to promote the full and fair Commission’s Reference Center, [FR Doc. 00–7457 Filed 3–24–00; 8:45 am] disclosure of information by issuers, Washington, DC. The complete text of BILLING CODE 4910±13±P and to clarify and enhance existing this decision may also be purchased
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Notices Federal Register Vol. 65, No. 59
Monday, March 27, 2000
This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE 22 percent of the area blown down in contains documents other than rules or the July 4, 1999 windstorm or four to proposed rules that are applicable to the Forest Service seven percent of the 1.1 million acre public. Notices of hearings and investigations, wilderness. Implementation of the committee meetings, agency decisions and Boundary Waters Canoe Area proposed action may require the use of rulings, delegations of authority, filing of Wilderness Fuels Treatment mechanized tools within the BWCAW. petitions and applications and agency Environmental Impact Statement statements of organization and functions are A range of alternatives responsive to examples of documents appearing in this AGENCY: Forest Service, USDA significant issues will be developed, section. ACTION: Notice of intent to prepare an including a no-action alternative. The environmental impact statement. Record of Decision will disclose whether or not the Forest Service will ADVISORY COMMISSION ON SUMMARY: On July 4, 1999, heavy rains manage fuels within the BWCAW to ELECTRONIC COMMERCE and straight-line winds in excess of 90 improve public safety. If the decision is miles per hour blew down to use prescribed fire, the decision will Meetings approximately 477,000 acres of forest include the following: within northeastern Minnesota. The • The pattern of treatment to be used; The Advisory Commission on majority of the blown down forest • The priority areas to be treated; Electronic Commerce was established occurs within the Boundary Waters • The approximate timeframe when by Public Law 105–277 to conduct a Canoe Area Wilderness (BWCAW) on each area will be treated; thorough study of federal, state, local the Superior National Forest. As a result • The minimum action and tools and international taxation and tariff of the windstorm, down and dead trees needed within the wilderness to meet treatment of transactions using the and brush (fuels) on approximately management objectives; Internet and Internet access and other 360,000 acres within the wilderness • The environmental conditions (e.g., comparable intrastate, interstate or increased from 5 to 20 tons per acre up weather conditions) under which areas international sales activities. The to 50 to 100 tons per acre. This fuel will be prescribed burned; Commission is to report its findings and loading increases the potential for • How wilderness and ecological recommendations to Congress no later wildfire to move from within the values and other resources will be than April 21, 2000. Notice is hereby wilderness to adjacent State, County, protected during treatment; given, that the Advisory Commission on federal, and private lands and across the • Surveys and monitoring that will be Electronic Commerce has scheduled a Canadian border, and possibly threaten conducted before, during and after meeting by telephone conference call on life, property and other resource values. treatments; and Monday, April 10, 2000, at a time to be The Department of Agriculture, Forest • How decisions will be coordinated Service, will prepare an Environmental determined. Meetings of the with adjacent landowners and how the Impact Statement (EIS) for the BWCAW Commission shall be open to the public. public will be notified of prescribed to develop a site-specific fuels treatment burns. This meeting will be audiocast live on plan to reduce the fire hazard resulting the World Wide Web. The audiocast from the blown down forest. This fuels DATES: Public open houses to solicit will be accessible from the ‘‘Calendar/ treatment plan may require an comments and to answer questions on Meetings’’ page of the Commission’s amendment or exception to the Superior the proposed action will be held from Web site, National Forest Land and Resource 3:00 PM to 8:00 PM, CST at the www.ecommercecommission.org/ Management Plan (Forest Plan) and the following locations: calendar.htm. The time for the meeting BWCAW Management Plan in order to • April 10, 2000 at Cook County will be posted on the Web site no later use prescribed fire (fire ignited by Community Center, 317 West 5th St., than Friday, April 7, 2000. A verbatim management actions to meet specific Grand Marais, MN 55604. transcript of this meeting will be posted objectives) within the Wilderness. The • April 11, 2000 at Holiday Inn on the Web site no later than April 24, purpose of the project is to improve SunSpree, Ridgeview Room, 400 North 2000. public safety by reducing the potential Poineer Rd., Ely, MN 55731. • Oral comments from the public will for high-intensity wildland fires to April 12, 2000 at Radisson Hotel, Great Hall 1, 505 West Superior St., be excluded at this meeting. spread from the BWCAW into areas of intermingled ownership that includes Duluth, MN 55802. A listing of the members of the homes, cabins, resorts, and other • April 13, 2000 at Country Inn at Commission and details concerning improvements both in the United States White Bear Lake, Lambert Room, 4940 their appointment were published in the and Canada. This will be accomplished Hwy. 61 N., White Bear Lake, MN 55110 Federal Register on June 9, 1999, at 64 in a manner which is sensitive to (directly north of Minneapolis and St. FR 30958. ecological and wilderness values, and Paul, MN). • April 14, 2000 at U.S. Forest Heather Rosenker, protects safety of firefighters and BWCAW visitors during Service, LaCroix Ranger District Office, Executive Director. implementation. The proposed action is 320 Hwy 53 N., Cook, MN 55723. [FR Doc. 00–7594 Filed 3–24–00; 8:45 am] to treat approximately 47,000 to 81,000 Comments concerning the scope of BILLING CODE 0000±00 acres with prescribed fire over a five to this project should be received by the six year time-period. The proposed Superior National Forest by May 1, action would treat approximately 13 to 2000.
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ADDRESSES: Please send written EPA publishes the notice of availability variety of density of treatments are comments to Superior National Forest, in the Federal Register. proposed based upon the risk to health BWCAW Fuels Reduction EIS, 8901 At this early stage, the Forest Service and safety and fuel loads. Between Grand Ave. Place, Duluth, MN 55808. believes it is important to give reviewers 33,524 to 51,576 acres are proposed for notice of several court rulings related to treatment under this pattern. FOR FURTHER INFORMATION CONTACT: public participation in the In areas where isolated stands of trees James W. Sanders, Forest Supervisor, environmental review process. First, were blown down, treatment of the Superior National Forest, telephone: reviewers of draft EIS’s must structure individual patches (or fuel patch (218) 626–4300, or Joyce Thompson, their participation in the environmental treatment) would be used. Patch fuel BWCAW EIS Team Leader, Superior review of the proposal, so that it is treatments would include burning in National Forest, 8901 Grand Ave. Place, meaningful and alerts an agency to the isolated patches on the landscape. Duluth, MN 55808, telephone (218) reviewer’s position and contentions. Between 4,195 to 11,310 acres are 626–4317, email: jelmatho/ l Vermont Yankee Nuclear Power Corp. v. proposed for fuel patch treatment. r9 [email protected]. A detailed NRDC, 435 U.S. 519, 553 (1978). Also, Understory burns (i.e., burning fuels scoping package is available by environmental objections that could under the main forest canopy) would be contacting Joyce Thompson at the have been raised at the draft EIS stage, used, where the blowdown is patchy address listed above or on the Superior but that are not raised until the and ecological conditions allow the use National Forest’s website at http:// completion of the final EIS, may be of burning the understory to reduce fuel www.fs.fed.us/r9/superior/. waived or dismissed by the courts. City ladders, which in turn reduce the SUPPLEMENTARY INFORMATION: Public of Angoon v. Hodel, 803 F.2nd 1016, potential of high intensity crown fires. participation will be an integral 1022 (9th Cir. 1986) and Wisconsin Fuel ladders are young trees and dead component of the study process, and Heritages, Inc. v. Harris, 490 F. Supp. and down fuels beneath the tops of will be especially important at several 1334, 1338 (E.D. Wis. 1980). Because of older trees. These create a ‘‘ladder’’ for points during the analysis. The first is these court rulings, it is very important fire to travel from the ground to the during the scoping process. The Forest that those interested in this proposed forest canopy and burn more intensely. Service will be seeking information, action participate by the close of the 45- Between 9,180 to 18,360 acres are comments and assistance from federal, day comment period on the draft EIS, so proposed for a combination of fuel State, County, and local agencies, that substantive comments and patch treatment and understory burning. individuals and organizations that may objections are made available to the Implementing the proposed be interested in or affected by the Forest Service at a time when they can prescribed burns may require the use of proposed activities. The scoping process be meaningfully considered and mechanized equipment within the will include: (1) Identification of respond to them in the final EIS. wilderness. Prior to using any potential issues, (2) identification of To assist the Forest Service in mechnanized equipment a site-specific issues to be analyzed in depth, and (3) identifying and considering issues and minimum requirements and tools elimination of insignificant issues or concerns of the proposed action, analysis will be prepared. Possible those which have been covered by a comments on the draft EIS should be as mechanized and motorized tools that previous environmental review. Written specific as possible. It is also helpful if may be used while implementing the scoping comments will be solicited comments refer to specific pages or prescribed burns include: chainsaws; through a scoping package that will be chapters of the draft statement. portable water pumps; and helicopters sent to the project mailing list and the Comments may address the adequacy of and fixed wing aircraft for transporting local newspaper. For the Forest Service the draft EIS, or the merits of the of fire personnel, igniting prescribed to best use the scoping input, comments alternatives formulated and discussed in burns and dropping water and fire should be received by May 1, 2000. the statement. Reviewers may wish to retardant and motor boats on lakes Preliminary issues identified for refer to the Council on Environmental where use is allowed by the public. analysis in the EIS include the potential Quality Regulations for implementing Aircraft may need to fly below the 4,000 effects and relationship of the project to the procedural provisions of the foot limit above sea-level in the fire hazard reduction, safety of National Environmental Policy Act in BWCAW or land on waterbodies. firefighters and wilderness visitors 40 CFR 1503.3, in addressing these Nonmotorized and nonmechanized during implementation, and the impact points. tools that possibly could be used during The proposed action is to treat of the proposed action on wilderness implementation of the proposed action between 47,000 to 81,000 acres of fuels values (including the use of mechanized include: digging and chopping tools within the BWCAW over a five to six equipment within the wilderness, (shovel, pulaski, axe, etc.), crosscut year time-period. The proposed action ecological conditions, recreation, saws, drip torch ignition tools and includes a variety of prescribed burning fusees, fireline construction explosives, scenery, air quality, wildlife habitat, treatments, including patchwork riparian areas, heritage resources, hoses and hose-fittings, sprinklers, treatment pattern, fuel patch burns, and backpack pumps, and non-motorized sensitive plants and communities, soil understory burns. In areas adjacent to productivity, and water quality). boats and canoes. Fire camps (camps the BWCAW boundary and where fuels where fire crews stay during Based on the results of scoping and are the heaviest, a patchwork pattern of implementation) and fire caches (caches the resource conditions within the prescribed burns across the landscape of fire fighting equipment) within the project area, alternatives (including a would be used. Patchwork pattern wilderness may need to be used during no-action alternative) will be developed treatments would be designed to use implementation. for the draft EIS. The draft EIS is natural fire breaks and fit into the projected to be filed with the natural landscape where possible. A Permits/Authorizations Environmental Protection Agency (EPA) patchwork pattern of fuels treatment The proposed action includes in December 2000. The final EIS is would break up fuels so that in the prescribed fire in the BWCAW to reduce anticipated in April 2001. event of a wildfire the rate of spread of heavy fuel accumulation. This action The comment period on the draft EIS the fire would be greatly reduced. may require an amendment or exception will be 45 days from the date that the Within the patchwork treatment areas, a to the Forest Plan and the BWCAW
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Management Plan to use prescribed fire conservation practice standard, Wetland determined that it needs to collect data within the BWCAW. U.S.D.A. Forest Restoration (Code 657), in Section IV of covering unfilled orders in Service, Eastern Region, may request the the FOTG. This practice may be used in manufacturing. The data received from project be considered an emergency conservation systems that treat this supplement will provide the under CFR 215.10(d)(1) in order to wetlands. information necessary to benchmark the allow for implementation during the DATES: Comments will be received on or monthly estimates of unfilled orders in appeal period. The use of motorized and before April 26, 2000. manufacturing. mechanized tools were not allowed by FOR FURTHER INFORMATION CONTACT: Lee ADDRESSES: Address all requests and the general public and flights below Wentela, Chief, Manufacturers’ comments to Myron P. Senechal, State 4,000 feet above sea level on National Shipments, Inventories, and Orders Resource Conservationist, Natural Forest System lands within the BWCAW Branch, Manufacturing and Resources Conservation Service, P.O. would also require approval. Construction Division, on (301) 457– Box 1458 Bismarck, ND 58502–1458. 4832. Lead and Cooperating Agencies Copies of this standard will be made The Superior National Forest manages available upon written request. You may SUPPLEMENTARY INFORMATION: The approximately 800,000 acres within the submit electronic requests and Census Bureau is authorized to conduct boundaries of the BWCAW. It is the lead comments to surveys necessary to furnish current agency for preparation of this document. [email protected]. data on subjects covered by the major censuses authorized by Title 13, United The State of Minnesota manages FOR FURTHER INFORMATION CONTACT: States Code, Sections 182, 224, and 225. approximately 279,000 acres wthin the Myron P. Senechal, (701) 530–2085. boundaries of the BWCAW. In order to The Unfilled Orders Benchmark survey SUPPLEMENTARY INFORMATION: Section will provide continuing and timely achieve the best arrangement of 343 of the Federal Agriculture prescribed burn treatment units to national statistical data for the period Improvement and Reform Act of 1996 between the economic censuses. The minimize the risk of an escaped wildfire states that revisions made after it may be necessary to treat State lands. next economic census will occur in enactment of the law to NRCS state 2002. Data collected in this survey will The Minnesota Department of Natural technical guides used to carry out Resources is a cooperating agency on be within the general scope, type, and highly erodible land and wetland character of those inquiries covered in this project. They will provide direction provisions of the law, shall be made and approval regarding fuels treatment the economic census. available for public review and This survey is a supplement to the on State lands. comment. For the next 30 days, the Manufacturers’ Shipments, Inventories, Responsible Official NRCS in North Dakota will receive and Orders survey and will request end- comments relative to the proposed James W. Sanders, Forest Supervisor, of-year unfilled orders and annual sales changes. Following that period, a Superior National Forest, is the data for 1999. The unfilled orders series determination will be made by the responsible official. In making the is an important indicator of economic NRCS in North Dakota regarding decision, the responsible official will activity and has significant application disposition of those comments and a consider the comments; responses; to the needs of the public and industry. final determination of changes will be disclosure of environmental These data are not available from made. consequences; and applicable laws, nongovernmental or other governmental regulations, and policies. The Dated: March 16, 2000. sources. responsible official will state the Thomas E. Coleman The survey will require a selected sample of manufacturing companies, rationale for the chosen alternative in Assistant State Conservationist (Operations, the Record of Decision. Bismarck, North Dakota. classified in industries for which [FR Doc. 00–7398 Filed 3–24–00; 8:45 am] unfilled orders are normally maintained Dated: March 20, 2000. longer than one month, to report in the James W. Sanders, BILLING CODE 3410±16±P 1999 Unfilled Orders Benchmark Forest Supervisor. survey. We will furnish report forms [FR Doc. 00–7411 Filed 3–24–00; 8:45 am] and instruction manuals to the firms DEPARTMENT OF COMMERCE BILLING CODE 3410±11±U covered by this survey and will require their submissions within 45 days after Bureau of the Census receipt. The resulting unfilled orders DEPARTMENT OF AGRICULTURE [Docket Number 000207031±0074±02] estimates will be used to revise the levels currently being published for the Natural Resources Conservation RIN Number 0607±XX55 monthly survey and will improve the Service Manufacturers' Shipments, Inventories accuracy of the data. The current estimates are based on a small sample Notice of Proposed Changes to and Orders (M3) Supplement: Unfilled and are subject to error. The survey is Section IV of the Field Office Technical Orders Benchmark Survey especially critical because of the Guide (FOTG) of the Natural Resources AGENCY: Bureau of the Census, conversion to the new North American Conservation Service in North Dakota Commerce. Industry Classification System. AGENCY: Natural Resources ACTION: Notice of determination. Notwithstanding any other provision Conservation Service (NRCS), USDA. of law, no person is required to respond ACTION: Notice of availability of SUMMARY: Notice is hereby given that to, nor shall a person be subject to a proposed changes in Section IV of the the Bureau of the Census (Census penalty for failure to comply with, a FOTG of the NRCS in North Dakota for Bureau) will conduct a survey, the collection of information subject to the review and comment. Unfilled Orders Benchmark survey, to requirements of the Paperwork supplement the monthly Manufacturers’ Reduction Act (PRA) unless that SUMMARY: It is the intention of the NRCS Shipments, Inventories, and Orders collection of information displays a in North Dakota to issue a revised survey for 1999. The Census Bureau has current valid Office of Management and
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Budget (OMB) control number. In opportunities and promotes the practical utility; (b) the accuracy of the accordance with the PRA, 44 United competitiveness of U.S. financial agency’s estimate of the burden States Code, Chapter 35, the OMB services in international trade. The (including hours and costs) of the approved the 1999 Unfilled Orders Office of Finance interacts with private proposed collection of information; (c) Benchmark survey under OMB Control financial institutions in insurance, ways to enhance the quality, utility, and Number 0607–0868. We will furnish banking, leasing, factoring, barter, and clarity of the information to be report forms to companies included in counter trade; U.S. financing agencies, collected; and (d) ways to minimize the the survey, and additional copies are such as the Export-Import Bank and the burden of the collection of information available on written request to the Overseas Private Investment on respondents, including through the Director, U.S. Census Bureau, Corporation; and multilateral use of automated collection techniques Washington, DC 20233–0101. development banks, such as the World or forms of information technology. Based on the foregoing, I have Bank, Asian Development Bank, and Comments submitted in response to directed that a survey be conducted for others. To facilitate contact between this notice will be summarized and/or the purpose of collecting these data. exporters and financial institutions, the included in the request for OMB approval of this information collection; Dated: March 21, 2000. Office of Finance is developing an they also will become a matter of public Kenneth Prewitt, interactive INTERNET trade finance match-making program to link exporters record. Director, Bureau of the Census. seeking trade finance with banks and Dated: March 21, 2000. [FR Doc. 00–7443 Filed 3–24–00; 8:45 am] other financial institutions. The Linda Engelmeier, BILLING CODE 3510±07±P information collected from financial Departmental Forms Clearance Officer, Office institutions regarding the trade finance of the Chief Information Officer. DEPARTMENT OF COMMERCE products and services they offer will be [FR Doc. 00–7423 Filed 3–24–00; 8:45 am] compiled into a database. An exporter BILLING CODE 3510±DR±P International Trade Administration will be able to electronically submit a one page form identifying the potential Agency Information Collection export transaction and type of financing DEPARTMENT OF COMMERCE Activities: Proposed Collection requested. This information will be Comment Request electronically matched with the International Trade Administration financial institution(s) that meet the TITLE: Internet Export Finance requirements of the exporter. After a Extension of Time Limit for Preliminary Matchmaker. match has been made, a message will be Results of Full Five-Year Reviews ACTION: Proposed collection; comment electronically sent to both the exporter AGENCY: Import Administration, request. and the financial institution containing International Trade Administration, information about the match, and Department of Commerce. SUMMARY: The Department of contact information for either party to ACTION: Notice of extension of time limit Commerce, as part of its continuing initiate communication. This program is effort to reduce paperwork and for preliminary results of full five-year designed to implement the Department (‘‘sunset’’) reviews. respondent burdens, invites the general of Commerce’s goal of improving access public and other Federal agencies to to trade financing for small business SUMMARY: The Department of Commerce take this opportunity to comment on the exporters. is extending the time limit for the continuing information collections, as preliminary results of two full sunset II. Method of Collection required by the Paperwork Reduction reviews initiated on December 1, 1999 Act of 1995, Public Law 104–13 (44 Electronic submission to the (64 FR 67247), covering an antidumping U.S.C. 3506(c)(2)(A)). International Trade Administration, and countervailing duty order. Based on DATES: Written comments must be Office of Finance. adequate responses from domestic and submitted on or before May 26, 2000. III. Data respondent interested parties, the ADDRESSES: Direct all written comments Department of Commerce is conducting to Linda Engelmeier, Departmental OMB Number: 0625–0232. full sunset reviews to determine Forms, Clearance Officer, (202) 482– Form Number: N/A. whether revocation of the antidumping 3272, Email [email protected]., Type of Review: Regular Submission. duty order on aramid fiber formed of Affected Public: Business or other for Department of Commerce, Room 5027, poly para-phenylene terephthalamide profit. 14th & Constitution Avenue, NW, from the Netherlands and the Estimated Number of Respondents: Washington, D.C. 20230. countervailing duty order on grain- 2,000. oriented electrical steel from Italy FOR FURTHER INFORMATION CONTACT: Estimated Time Per Response: would be likely to lead to continuation Request for additional information or Exporters: 10 minutes, Financial or recurrence of dumping and copies of the information collection Institution: 30 minutes. instrument and instructions should be Estimated Total Annual Burden countervailable subsidy, respectively. directed to: John Shuman, Office of Hours: 350 hours. As a result of these extensions, the Finance, Room 1800. The U.S. Estimated Total Annual Costs: Department of Commerce intends to Department of Commerce, 14th & $21,000 (Government $8,750, issue its preliminary results not later Constitution Ave., NW, Washington, Respondents $12,250). than June 19, 2000. D.C. 20230; Phone number: (202) 482– EFFECTIVE DATE: March 27, 2000. 3277. IV. Request for Comments FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Comments are invited on (a) whether Martha V. Douthit or Melissa G. the proposed collection of information Skinner, Import Administration, I. Abstract is necessary for the proper performance International Trade Administration, The Office of Finance assists U.S. of the functions of the agency, including U.S. Department of Commerce, 14th firms in identifying trade finance whether the information shall have Street and Constitution Avenue, NW,
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Washington, DC 20230; telephone: (202) Republic of China (‘‘PRC’’).1 Subsequent conclusive court decision in this action, 482–5050, or (202) 482–1560, to the publication of the preliminary we are amending our final results. respectively. results, we identified an inadvertent EFFECTIVE DATE: March 27, 2000. error in the Preliminary Results of Extension of Preliminary Results FOR FURTHER INFORMATION CONTACT: John Reviews section of the notice. Therefore, Brinkmann or Jarrod Goldfeder, Office In accordance with section we are correcting and clarifying this of AD/CVD Enforcement VI, Group II, 751(c)(5)(C)(v) of the Tariff Act of 1930, inadvertent error. Import Administration, International as amended (‘‘the Act’’), the Department The error lies in the last sentence of Trade Administration, U.S. Department of Commerce (‘‘the Department’’) may the next-to-last paragraph: ‘‘The of Commerce, 14th Street and treat a sunset review as extraordinarily Department will issue a notice of final Constitution Avenue, N.W., complicated if it is a review of a results of this sunset review, which will Washington, D.C. 20230; telephone: transition order (i.e., an order in effect include the results of its analysis of (202) 482–4126 or (202) 482–2305, on January 1, 1995). Because the sunset issues raised in any such comments, no respectively. reviews at issue concern transition later than June 26, 2000.’’ This sentence SUPPLEMENTARY INFORMATION: orders within the meaning of section should be replaced with: ‘‘The 751(c)(6)(C)(i) and (ii) of the Act, the Department will issue a notice of final Background results of these sunset reviews, which Department has determined that the On January 19, 1996, the Department will include the results of its analysis of sunset reviews of the following published the final results of the third issues raised in any such comments, no antidumping and countervailing duty administrative review in Brass Sheet later than May 26, 2000.’’ orders are extraordinarily complicated: and Strip from the Netherlands (61 FR EFFECTIVE DATE: March 27, 2000. A–421–805 Aramid Fiber Formed of 1324) (Brass Final), covering the period Poly Para-Phenylene FOR FURTHER INFORMATION CONTACT: of review (POR) August 1, 1990 through Terephthalamide from the Darla D. Brown or Melissa G. Skinner, July 31, 1991. On February 12, 1996, the Netherlands Office of Policy for Import Department received timely allegations Administration, International Trade C–475–812 Grain-Oriented Electrical from the petitioners and the respondent Administration, U.S. Department of Steel from Italy that the Department had made certain Commerce, 14th Street & Constitution ministerial errors in the Brass Final that Therefore, in accordance with section Avenue, NW, Washington, DC 20230: affected the final dumping margin. 751(c)(5)(B) of the Act, the Department telephone (202) 482–3207 and (202) Although the Department agreed that is extending the time limit for 482–1560, respectively. certain of the allegations constituted completion of the preliminary results of This correction is issued and ministerial errors, the Department was these reviews until not later than June published in accordance with sections unable to issue a determination 19, 2000, 751(h) and 777(i) of the Act. correcting these errors before the Dated: March 20, 2000. Dated: March 20, 2000. petitioners filed a complaint with the Richard W. Moreland, Richard W. Moreland, Court challenging the Brass Final. Acting Assistant Secretary for Import Acting Assistant Secretary for Import Therefore, the Department requested Administration. Administration. leave from the Court to correct these [FR Doc. 00–7382 Filed 3–24–00; 8:45 am] [FR Doc. 00–7383 Filed 3–24–00; 8:45 am] errors and on August 1, 1996, the Court BILLING CODE 3510±DS±P BILLING CODE 3510±DS±P granted the Department’s request. See August 1, 1996 Order, Hussey Copper, Ltd. v. United States, Ct. No. 96–02– DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE 00578 (CIT dismissed August 7, 1997). Accordingly, on June 19, 1997, the International Trade Administration International Trade Administration Department published amended final [A±421±701] results (62 FR 33395) (Amended Brass [A±570±803, A±570±803] Final). Brass Sheet and Strip from the In the original Brass Final, the U.S. Bars and Wedges and Hammers and Netherlands; Notice of Second sales database used to calculate the Sledges from the People's Republic of Amended Final Results of dumping margin included all entries China; Corrected Preliminary Results Administrative Review in Accordance made during the POR, regardless of date of Full Sunset Reviews With Final Court Decision of sale. The respondent alleged that in addition to correcting the ministerial AGENCY: Import Administration, AGENCY: Import Administration, errors identified in the Court’s August 1, International Trade Administration, International Trade Administration, 1996 order, in the Amended Brass Final Department of Commerce. Department of Commerce. the Department also excluded several ACTION: Notice of Correction to SUMMARY: On September 29, 1998, the purchase price (PP) transactions and Preliminary Results of Full Sunset U.S. Court of International Trade (the one exporter’s sales price (ESP) Reviews: Bars and Wedges and Court) affirmed the Department of transaction that entered the United Hammers and Sledges from the People’s Commerce’s (the Department’s) remand States during, but were sold prior to, the Republic of China. determination of the final results of the POR. Consequently, the respondent antidumping duty administrative review claimed that these changes reduced the SUMMARY: On January 24, 2000, the of brass sheet and strip from the number of transactions included in the Department of Commerce (‘‘the Netherlands. No party has appealed this database from 391 to 150 and increased Department’’) published in the Federal ruling. As there is now a final and the weighted-average dumping margin Register the preliminary results of the to 5.85%. The Department agreed that it full sunset reviews of the antidumping 1 See Preliminary Results of Full Sunset Reviews: Bars and Wedges and Hammers and Sledges from should not have omitted these duty orders on bars and wedges and the People’s Republic of China, 65 FR 3658 (January transactions from the U.S. sales database hammers and sledges from the People’s 24, 2000). and requested that the Court remand the
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In accordance with section Included in this order are flat-rolled accordance with 19 CFR 351.310(d). 751(c)(5)(C)(v) of the Act, the products of non-rectangular cross- Interested parties may submit case briefs Department may treat a review as section where such cross-section is no later than May 8, 2000, in accordance extraordinarily complicated if it is a achieved subsequent to the rolling with 19 CFR 351.309(c)(1)(i). Rebuttal review of a transition order (i.e., an process (i.e., products which have been briefs, which must be limited to issues order in effect on January 1, 1995). This ‘‘worked after rolling’’)—for example, raised in the case briefs, may be filed review concerns a transition order products which have been beveled or not later than May 15, 2000. The within the meaning of section rounded at the edges. Excluded from Department will issue a notice of final 751(c)(6)(C)(ii) of the Act. Accordingly, this order is certain shadow mask steel, results of this sunset review, which will on December 22, 1999, the Department i.e., aluminum-killed, cold-rolled steel include the results of its analysis of determined that the sunset review of coil that is open-coil annealed, has a issues raised in any such comments, no cold-rolled carbon steel flat products is carbon content of less than 0.002 later than July 27, 2000, in accordance extraordinarily complicated, and percent, is of 0.003 to 0.012 inch in with section 751(c)(5)(B) of the Act. extended the time limit for completion thickness, 15 to 30 inches in width, and This five-year (‘‘sunset’’) review and of the preliminary results of this review has an ultra-flat, isotropic surface. These notice are in accordance with sections until not later than March 20, 2000, in HTS item numbers are provided for 751(c), 752, and 777(i)(1) of the Act. accordance with section 751(c)(5)(B) of convenience and customs purposes. The Dated: March 20, 2000. the Act.4 written description of the scope of this order remains dispositive. Richard W. Moreland, Scope of Review Acting Assistant Secretary for Import The products covered by this order Analysis of Comments Received Administration. include cold-rolled (cold-reduced) All issues raised in the case and [FR Doc. 00–7387 Filed 3–24–00; 8:45 am] carbon steel flat-rolled products, of rebuttal briefs by parties to this sunset BILLING CODE 3510±DS±P rectangular shape, neither clad, plated review are addressed in the ‘‘Issues and nor coated with metal, whether or not Decision Memorandum’’ (‘‘Decision painted, varnished or coated with Memo’’) from Jeffrey A. May, Director, DEPARTMENT OF COMMERCE plastics or other nonmetallic substances, Office of Policy, Import Administration, in coils (whether or not in successively to Robert S. La Russa, Assistant International Trade Administration superimposed layers) and of a width of Secretary for Import Administration, [A±588±826] 0.5 inch or greater, or in straight lengths dated March 20, 2000, which is hereby which, if of a thickness less than 4.75 adopted and incorporated by reference Corrosion-Resistant Carbon Steel Flat millimeters, are of a width of 0.5 inch into this notice. The issues discussed in Products From Japan; Preliminary or greater and which measures at least the attached Decision Memo include the Results of Sunset Review of 10 times the thickness or if of a likelihood of continuation or recurrence Antidumping Duty Order thickness of 4.75 millimeters or more of dumping and the magnitude of the AGENCY: Import Administration, are of a width which exceeds 150 margin likely to prevail were the order International Trade Administration, millimeters and measures at least twice revoked. Parties can find a complete Department of Commerce. the thickness, as currently classifiable in discussion of all issues raised in this the Harmonized Tariff Schedule review and the corresponding ACTION: Notice of preliminary results of (‘‘HTS’’) under item numbers recommendations in this public full sunset review: Corrosion-resistant 7209.15.0000, 7209.16.0030, memorandum which is on file in the carbon steel flat products from Japan. 7209.16.0060, 7209.16.0090, Central Records Unit, room B–099, of SUMMARY: On September 1, 1999, the 7209.17.0030, 7209.17.0060, the main Commerce building. Department of Commerce (‘‘the 7209.17.0090, 7209.18.1530, In addition, a complete version of the Department’’) initiated a sunset review 7209.18.1560, 7209.18.2550, Decision Memo can be accessed directly of the antidumping duty order on 7209.18.6000, 7209.25.0000, on the Web at www.ita.doc.gov/ corrosion-resistant carbon steel flat 7209.26.0000, 7209.27.0000, importladmin/records/frn/. The paper products from Japan (64 FR 47767) 7209.28.0000, 7209.90.0000, copy and electronic version of the pursuant to section 751(c) of the Tariff 7210.70.3000, 7210.90.9000, Decision Memo are identical in content. Act of 1930, as amended (‘‘the Act’’). On 7211.23.1500, 7211.23.2000, Preliminary Results of Review the basis of a notice of intent to 7211.23.3000, 7211.23.4500, participate filed on behalf of domestic 7211.23.6030, 7211.23.6060, We preliminarily determine that interested parties and adequate 7211.23.6085, 7211.29.2030, revocation of the antidumping duty 7211.29.2090, 7211.29.4500, order on cold-rolled carbon steel flat substantive responses filed on behalf of 7211.29.6030, 7211.29.6080, products from the Netherlands would be domestic and respondent interested 7211.90.0000, 7212.40.1000, likely to lead to continuation or parties, the Department determined to 7212.40.5000, 7212.50.0000, recurrence of dumping at the following conduct a full review. As a result of this 7215.50.0015, 7215.50.0060, percentage weighted-average margins: review, the Department preliminarily 7215.50.0090, 7215.90.5000, finds that revocation of the antidumping Margins duty order would likely lead to 7217.10.1000, 7217.10.2000, Manufacturer/exporters (percent) 7217.10.3000, 7217.10.7000, continuation or recurrence of dumping at the levels indicated in the 7217.90.1000, 7217.90.5030, Hoogovens ...... 7.96 7217.90.5060, and 7217.90.5090. All Others ...... 7.96 Preliminary Results of Review section of this notice. Products from the Netherlands; Adequacy of Any interested party may request a EFFECTIVE DATE: March 27, 2000. Respondent Interested Party Response to the Notice hearing within 30 days of publication of FOR FURTHER INFORMATION CONTACT: of Initiation. this notice in accordance with 19 CFR Kathryn B. McCormick or Melissa G. 4 See Extension of Time Limit for Preliminary Results of Full Five-Year Reviews, 64 FR 71726 351.310(c). Any hearing, if requested, Skinner, Office of Policy for Import (December 22, 1999). will be held on May 17, 2000, in Administration, International Trade
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Administration, U.S. Department of 351.302(b)(1999), the Department measures at least twice the thickness.5 Commerce, 14th Street and Constitution extended the deadline for all as currently classifiable in the Avenue, NW., Washington, DC 20230; participants eligible to file rebuttal Harmonized Tariff Schedule (‘‘HTS’’) telephone: (202) 482–1930 or (202) 482– comments until October 15, 1999.2 On under item numbers: 7210.30.0030, 1560, respectively. October 1, 1999, we received a complete 7210.30.0060, 7210.41.0000, SUPPLEMENTARY INFORMATION: substantive response from domestic 7210.49.0030, 7210.49.0090, interested parties, within the 30-day 7210.61.0000, 7210.69.0000, Statute and Regulations deadline specified in the Sunset 7210.70.6030, 7210.70.6060, Unless otherwise indicated, all Regulations under section 7210.70.6090, 7210.90.1000, citations to the Act are references to the 351.218(d)(3)(i). On October 1, 1999, we 7210.90.6000, 7210.90.9000, provisions effective January 1, 1995, the received a complete substantive 7212.20.0000, 7212.30.1030, effective date of the amendments made response from NSC. The Department 7212.30.1090, 7212.30.3000, to the Act by the Uruguay Round received rebuttal comments from 7212.30.5000, 7212.40.1000, Agreements Act (‘‘URAA’’). In addition, domestic interested parties and NSC, on 7212.40.5000, 7212.50.0000, unless otherwise indicated, all citations October 15, 1999, and October 12, 1999, 7212.60.0000, 7215.90.1000, to the Department regulations are to 19 respectively. On October 20, 1999, 7215.90.3000, 7215.90.5000, CFR part 351 (1999). Guidance on pursuant to 19 CFR 351.218 (e)(2), the 7217.20.1500, 7217.30.1530, methodological or analytical issues Department determined to conduct a 7217.30.1560, 7217.90.1000, relevant to the Department’s conduct of full (240-day) sunset review of this 7217.90.5030, 7217.90.5060, and sunset reviews is set forth in the order.3 7217.90.5090. Department’s Policy Bulletin 98.3— In accordance with section Included in this order are flat-rolled Policies Regarding the Conduct of Five- 751(c)(5)(C)(v) of the Act, the products of non-rectangular cross- year (‘‘Sunset’’) Reviews of Department may treat a review as section where such cross-section is Antidumping and Countervailing Duty extraordinarily complicated if it is a achieved subsequent to the rolling Orders; Policy Bulletin, 63 FR 18871 review of a transition order (i.e., an process (i.e., products which have been (April 16, 1998) (‘‘Sunset Policy order in effect on January 1, 1995). This ‘‘worked after rolling’’)—for example, Bulletin’’). review concerns a transition order products which have been bevelled or within the meaning of section rounded at the edges. Background 751(c)(6)(C)(ii) of the Act. Accordingly, Excluded from order are flat-rolled On September 1, 1999, the on December 22, 1999, the Department steel products either plated or coated Department initiated a sunset review of determined that the sunset review of with tin, lead, chromium, chromium the antidumping duty order on Japanese corrosion-resistant carbon steel flat oxides, both tin and lead (‘‘terne plate’’), corrosion-resistant carbon steel flat products from Japan is extraordinarily or both chromium and chromium oxides products (64 FR 47767), pursuant to complicated, and extended the time (‘‘tin-free steel’’), whether or not section 751(c) of the Act. The limit for completion of the preliminary painted, varnished or coated with Department received a notice of intent results of this review until not later than plastics or other nonmetallic substances to participate on behalf of the March 20, 2000, in accordance with in addition to the metallic coating. Also 4 Bethlehem Steel Corporation and U.S. section 751(c)(5)(B) of the Act. excluded from these investigations are Steel Group, a unit of USX Corporation Scope of Order clad products in straight lengths of (‘‘domestic interested parties’’), within 0.1874 inch or more in composite These products include flat-rolled the applicable deadline (September 15, thickness and of a width which exceeds carbon steel products, of rectangular 1999) specified in section shape, either clad, plated, or coated 150 millimeters and measures at least 351.218(d)(1)(i) of the Sunset with corrosion-resistant metals such as twice the thickness. Also excluded are Regulations. On October 1, 1999, zinc, aluminum, or zinc-, aluminum-, certain clad stainless flat-rolled respondent interested party Nippon nickel-or iron-based alloys, whether or products which are three-layered Steel Corporation (‘‘NSC’’) notified the not corrugated or painted, varnished or corrosion-resistant carbon steel flat- Department that it intended to coated with plastics or other rolled products less than 4.74 participate in this review. Domestic nonmetallic substances in addition to millimeters in composite thickness that interested parties claimed interested- the metallic coating, in coils (whether or consist of a carbon steel flat-rolled party status under section 771(9)(C) of not in successively superimposed product clad on both sides with the Act, as the U.S. producers of a layers) and of a width of 0.5 inch or stainless steel in a 20–60–20 percent domestic like product; NSC is an greater, or in straight lengths which, if ratio. The HTS item numbers are interested party pursuant to section of a thickness less than 4.75 millimeters, provided for convenience and Customs 771(9)(A) of the Act as a foreign are of a width of 0.5 inch or greater and purposes. The written description producer and exporter of subject which measures at least 10 times the remains dispositive. merchandise. thickness or, if of a thickness of 4.75 Also excluded are certain corrosion- On September 24, 1999, we received millimeters or more, are of a width resistant carbon steel flat products a request for an extension to file rebuttal which exceeds 150 millimeters and meeting the following specifications: (1) comments from domestic interested Widths ranging from 10 millimeters 1 parties. Pursuant to 19 CFR 2 See September 30, 1999, Letter from Jeffrey A. (0.394 inches) through 100 millimeters May, Director, Office of Policy to Valerie S. (3.94 inches); (2) thicknesses, including 1 See September 24, 1999, Request for an Schindler, Skadden, Arps, Slate, Meagher & Flom coatings, ranging from 0.11 millimeters Extension to File Rebuttal Comments in the Sunset LLP. (0.004 inches) through 0.60 millimeters Reviews of Antidumping and Countervailing Duty 3 See October 20, 1999, Memoranda for Jeffrey A. Orders: A–602–803; A–351–817; C–351–818, A– May, Re: Certain Corrosion-Resistant Carbon Steel (0.024 inches); and (3) a coating that is 122–822, A–122–823, A–405–802, A–588–826, A– Flat Products from Japan; Adequacy of Respondent 421–804, A–455–802, A–485–803, C–401–401, C– Interested Party Response to the Notice of Initiation. 5 See Certain Corrosion-Resistant Carbon Steel 401–804, C–401–805, from Valerie S. Schindler, 4 See Extension of Time Limit for Preliminary Flat Products from Japan: Preliminary Results of Skadden, Arps, Slate, Meagher & Flom LLP, to Results of Full Five-Year Reviews, 64 FR 71726 Antidumping Duty Administrative Review, 64 FR Jeffrey A. May, Office of Policy. (December 22, 1999). 44483 (August 16, 1999).
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Statute and Regulations October 1, 1999, we received a complete 7208.33.1000. 7208.33.5000, This review is being conducted substantive response from domestic 7208.41.0000, 7208.42.0000, pursuant to sections 751(c) and 752 of interested parties, within the 30-day 7208.43.0000, 7208.90.0000, the Tariff Act of 1930, as amended (‘‘the deadline specified in the Sunset 7210.70.3000, 7210.90.9000, Act’’). The Department’s procedures for Regulations under section 7211.11.0000, 7211.12.0000, the conduct of sunset reviews are set 351.218(d)(3)(i), and a complete 7211.21.0000, 7211.22.0045, forth in Procedures for Conducting Five- substantive response from Sidex. On 7211.90.1000, 7212.40.1000, year (‘‘Sunset’’) Reviews of October 15, 1999, we received rebuttal 7212.50.0000, and 7212.50.5000. Antidumping and Countervailing Duty comments from domestic interested Included in this order are flat-rolled products of non-rectangular cross- Orders, 63 FR 13516 (March 20, 1998) parties. On October 21, 1999, pursuant section where such cross-section is (‘‘Sunset Regulations’’) and in 19 CFR to 19 CFR 351.218(e)(1)(ii)(A), the achieved subsequent to the rolling part 351 (1999) in general. Guidance on Department determined to conduct a process (i.e., products which have been methodological or analytical issues full (240-day) sunset review of this 3 ‘‘worked after rolling’’)—for example, relevant to the Department’s conduct of order. In accordance with section products which have been beveled or sunset reviews is set forth in the 751(c)(5)(C)(v) of the Act, the rounded at the edges. Excluded from Department’s Policy Bulletin 98.3— Department may treat a review as this order is grade X–70 plate. These Policies Regarding the Conduct of Five- extraordinarily complicated if it is a HTS item numbers are provided for year (‘‘Sunset’’) Reviews of review of a transition order (i.e., an convenience and customs purposes. The Antidumping and Countervailing Duty order in effect on January 1, 1995). This written description remains dispositive. Orders; Policy Bulletin, 63 FR 18871 review concerns a transition order (April 16, 1998) (‘‘Sunset Policy Analysis of Comments Received within the meaning of section Bulletin’’). 751(c)(6)(C)(ii) of the Act. Accordingly, All issues raised in the case and Background on December 22, 1999, the Department rebuttal briefs by parties to this sunset review are addressed in the ‘‘Issues and On September 1, 1999, the determined that the sunset review of cut-to-length carbon steel flat plate is Decision Memorandum’’ (‘‘Decision Department initiated a sunset review of Memo’’) from Jeffrey A. May, Director, the antidumping duty order on cut-to- extraordinarily complicated, and extended the time limit for completion Office of Policy, Import Administration, length carbon steel plate from Romania to Robert S. La Russa, Assistant (64 FR 47767), pursuant to section of the preliminary results of this review until not later than March 20, 2000, in Secretary for Import Administration, 751(c) of the Act. The Department dated March 20, 2000, which is hereby received a notice of intent to participate accordance with section 751(c)(5)(B) of the Act.4 adopted and incorporated by reference on behalf of the Bethlehem Steel into this notice. The issues discussed in Corporation and U.S. Steel Corporation, Scope of Review the attached Decision Memo include the a unit of USX Corporation (‘‘domestic These products include hot-rolled likelihood of continuation or recurrence interested parties’’), within the carbon steel universal mill plates (i.e., of dumping and the magnitude of the applicable deadline (September 15, flat-rolled products rolled on four faces margin likely to prevail were the order 1999) specified in section or in a closed box pass, of a width revoked. Parties can find a complete 351.218(d)(1)(i) of the Sunset exceeding 150 millimeters but not discussion of all issues raised in this Regulations. On October 4, 1999, Sidex, exceeding 1,250 millimeters and of a review and the corresponding S.A. (‘‘Sidex’’) notified the Department thickness of not less than 4 millimeters, recommendations in this public that it intended to participate in this not in coils and without patterns in memorandum which is on file in the review as a respondent interested party. relief), of rectangular shape, neither Central Records Unit, room B–099, of Domestic interested parties claimed clad, plated, nor coated with metal, the main Commerce building. interested-party status under section whether or not painted, varnished, or In addition, a complete version of the 771(9)(C) of the Act, as U.S. producers coated with plastics or other Decision Memo can be accessed directly of a domestic like product; Sidex is an nonmetallic substances; and certain hot- on the Web at www.ita.doc.gov/ interested party pursuant to section rolled carbon steel flat-rolled products import—admin/records/frn. The paper 771(9)(A) of the Act, as a foreign in straight lengths, of rectangular shape, copy and electronic version of the producer and exporter of subject hot rolled, neither clad, plated, nor Decision Memo are identical in content. merchandise. coated with metal, whether or not On September 24, 1999, we received Preliminary Results of Review painted, varnished, or coated with a request for an extension to file rebuttal We preliminarily determine that plastics or other nonmetallic substances, comments from domestic interested revocation of the antidumping duty 4.75 millimeters or more in thickness parties.1 Pursuant to 19 CFR order on cut-to-length carbon steel plate and of a width which exceeds 150 from Romania would be likely to lead to 351.302(b)(1999), the Department millimeters and measures at least twice extended the deadline for all continuation or recurrence of dumping the thickness, as currently classifiable in at the following percentage weighted- participants eligible to file rebuttal the Harmonized Tariff Schedule 2 average margins: comments until October 15, 1999. On (‘‘HTS’’) under item numbers: 7208.31.0000, 7208.32.0000, 1 See September 24, 1999, Request for an Manufacturer/exporters Margin Extension to File Rebuttal Comments in the Sunset (percent) Reviews of Antidumping and Countervailing Duty Schindler, Skadden, Arps, Slate, Meagher & Flom Orders: A–602–803; A–351–817; C–351–818, A– LLP. Metalexportimport, S.A...... 75.04 122–822, A–122–823, A–405–802, A–588–826, A– 3 See October 21, 1999, Memoranda for Jeffrey A. All Others ...... 75.04 421–804, A–455–802, A–485–803, C–401–401, C– May, Re: Certain Cut-to-Length Carbon Steel Plate 401–804, C–401–805, from Valerie S. Schindler, from Romania; Adequacy of Respondent Interested Any interested party may request a Skadden, Arps, Slate, Meagher & Flom LLP, to Party Response to the Notice of Initiation. hearing within 30 days of publication of Jeffrey A. May, Office of Policy. 4 See Extension of Time Limit for Preliminary 2 See September 30, 1999, Letter from Jeffrey A. Results of Full Five-Year Reviews, 64 FR 71726 this notice in accordance with 19 CFR May, Director, Office of Policy to Valerie S. (December 22, 1999). 351.310(c). Any hearing, if requested,
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Census’ IM–146 import statistics for the Based on comparisons of EP to NV, causation are supported by relevant month of December 1999. Deductions calculated in accordance with section evidence including U.S. Customs import were made for foreign inland freight 773(a) of the Act, the estimated data, lost sales, and pricing information. charges incurred in moving the subject dumping margins for steel wire rope We have assessed the allegations and merchandise from the plant in India to from Malaysia range from 11 percent to supporting evidence regarding material the closest port of export. 63 percent. injury and causation, and have determined that these allegations are Normal Value Thailand properly supported by accurate and The petitioner identified Usha Martin Export Price adequate evidence and meet the Industries Limited, Mohatta & Heckel The petitioner based export price on statutory requirements for initiation (see Ltd., Bombay Wire Ropes Limited, AUV data, using the reported quantity Initiation Checklist at Attachment Re: Bharat Wire Ropes Ltd., Asahi Steel and customs value for imports as Material Injury). Industries Ltd., Wellworth Wire Ropes recorded in the U.S. Bureau of the Initiation of Antidumping Investigations Pvt. Ltd., and Davangere Wire Rope Census’ IM–146 import statistics for the Industry Pvt. Ltd. as the producers following ten-digit categories of the Based upon our examination of the accounting for almost all steel wire rope HTSUS: 7312.10.9030 and petitions on steel wire rope, we have production in India. NV was based on 7312.10.9060. The petitioner used the found that the petitions meet the actual price quotes from several Indian information from the month of requirements of section 732 of the Act. manufacturers to a customer in India for December 1999. The petitioner Therefore, we are initiating specific wire rope products. This conservatively did not make any antidumping duty investigations to information was obtained principally deductions for movement expenses. determine whether imports of steel wire through the foreign market researcher. rope from China, India, Malaysia and The price quotes are provided on an ex- Normal Value Thailand are being, or are likely to be, factory basis, exclusive of all taxes. The The petitioner identified Usha Siam sold in the United States at less than fair petitioner subtracted estimated foreign Steel Industries Public Co., Ltd. (Usha value. Unless this deadline is extended, packing costs and added estimated U.S. Siam); Lee Thai Mui 1991 Co., Ltd. (Lee we will make our preliminary packing costs to the price quotes. Thai Mui); Jinyang Wire Rope determinations no later than 140 days Based on comparisons of EP to NV, (Thailand) Co., Ltd.; Thai Steel Cable after the date of this initiation. calculated in accordance with section Co., Ltd.; Thai Wire Products Pcl, and Distribution of Copies of the Petitions 773(a) of the Act, the estimated Steel Processing (Thailand) Co., Ltd. as dumping margins for steel wire rope the producers which account for almost In accordance with section from India range from 59 percent to 142 all steel wire rope production in 732(b)(3)(A) of the Act, a copy of the percent. Thailand. The foreign market researcher public version of each petition has been obtained five prices quotes for sale provided to the representatives of Malaysia offers to unrelated customers in China, India, Malaysia and Thailand. Export Price Thailand. The petitioner calculated net We will attempt to provide a copy of the prices for sales in Thailand by public version of each petition to each The petitioner based export price on subtracting estimated home market exporter named in the petition, as AUV data, using the reported quantity packing expenses and adding estimated appropriate. and customs value for imports as U.S. packing expenses. recorded in the U.S. Bureau of the Based on comparisons of EP to NV, International Trade Commission Census’ IM–146 import statistics for the calculated in accordance with section Notification following ten-digit categories of the 773(a) of the Act, the estimated We have notified the ITC of our HTSUS: 7312.10.9030, 7312.10.9060 dumping margins for steel wire rope initiations, as required by section 732(d) and 7312.10.9090. The petitioner used from Thailand range from 49 percent to of the Act. the AUV data from the month of 69 percent. December 1999. The petitioner Preliminary Determinations by the ITC Fair Value Comparisons conservatively did not make any The ITC will determine, no later than deductions for movement expenses. Based on the data provided by the April 17, 2000, whether there is a Normal Value petitioner, there is reason to believe that reasonable indication that imports of imports of steel wire rope from China, certain steel wire rope products from The petitioner identified KISWIRE India, Malaysia and Thailand are being, China, India, Malaysia and Thailand are SDN. BHD (KISWIRE), Southern Wire or are likely to be, sold at less than fair causing material injury, or threatening Industries SDN. BHD. (Southern Wire) value. to cause material injury, to a U.S. and Berjaya Kawat Manufacturing SDN. industry. A negative ITC determination BHD. as the producers accounting for Allegations and Evidence of Material Injury and Causation for any country will result in the almost all steel wire rope production in investigation being terminated with Malaysia. NV is based on Malaysian The petitions allege that the U.S. respect to that country; otherwise, these home market price quotes. The foreign industry producing the domestic like investigations will proceed according to market researcher obtained prices product is being materially injured, or is statutory and regulatory time limits. offered by Malaysian distributors to threatened with material injury, by This notice is published pursuant to unrelated customers. Since the price reason of the individual and cumulated section 777(i) of the Act. quotes came from distributors, the imports of the subject merchandise sold petitioner made a deduction for the at less than NV. The petitioner contends Dated: March 17, 2000. estimated distributors’ mark-up. that the industry’s injured condition is Robert S. LaRussa, Additionally, the petitioner subtracted evident in the declining trends in net Assistant Secretary for Import estimated home market packing operating profits, net sales volumes, Administration. expenses and added estimated U.S. profit to sales ratios, and capacity [FR Doc. 00–7384 Filed 3–24–00; 8:45 am] packing expenses to calculate net price. utilization. The allegations of injury and BILLING CODE 3510±DS±P
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DEPARTMENT OF COMMERCE CFR Part 351 (1999). Guidance on based alloys, whether or not corrugated methodological or analytical issues or painted, varnished or coated with International Trade Administration relevant to the Department’s conduct of plastics or other nonmetallic substances [C±428±817] sunset reviews is set forth in the in addition to the metallic coating, in Department Policy Bulletin 98:3— coils (whether or not in successively Certain Corrosion-Resistant Carbon Policies Regarding the Conduct of Five- superimposed layers) and of a width of Steel Flat Products; Cold-Rolled year (‘‘Sunset’’) Reviews of 0.5 inch or greater, or in straight lengths Carbon Steel Flat Products; and Cut- Antidumping and Countervailing Duty which, if of a thickness less than 4.75 to-Length Carbon Steel Plate Products Orders; Policy Bulletin, 63 FR 18871 millimeters, are of a width of 0.5 inch From Germany; Preliminary Results of (April 16, 1998) (Sunset Policy or greater and which measures at least Full Sunset Reviews Bulletin). 10 times the thickness or if of a thickness of 4.75 millimeters or more AGENCY: Import Administration, Background are of a width which exceeds 150 International Trade Administration, On September 1, 1999, the millimeters and measures at least twice Department of Commerce Department initiated sunset reviews of the thickness, as currently classifiable in ACTION: Notice of preliminary results of the countervailing duty orders on the the Harmonized Tariff Schedule steel products from Germany (64 FR full sunset reviews: Certain corrosion- (‘‘HTS’’) under item numbers resistant carbon steel flat products; cold- 47767). We invited parties to comment. 7210.31.0000, 7210.39.0000, rolled carbon steel flat products; and On the basis of notices of intent to 7210.41.0000, 7210.49.0030, cut-to-length carbon steel plate products participate filed on behalf of domestic 7210.49.0090, 7210.60.0000, from Germany. interested parties and substantive 7210.70.6030, 7210.70.6060, responses filed on behalf of domestic SUMMARY: On September 1, 1999, the and respondent interested parties, the 7210.70.6090, 7210.90.1000, Department of Commerce (‘‘the Department is conducting full (240-day) 7210.90.6000, 7210.90.9000, Department’’) initiated sunset reviews of sunset reviews. The Department is 7212.21.0000, 7212.29.0000, the countervailing duty orders on conducting these sunset reviews in 7212.30.1030, 7212.30.1090, certain corrosion-resistant carbon steel accordance with sections 751 and 752 of 7212.30.3000, 7212.30.5000, flat products, cold-rolled carbon steel the Act. 7212.40.1000, 7212.40.5000, flat products, and cut-to-length carbon In accordance with section 7212.50.0000, 7212.60.0000, steel plate products (collectively the 751(c)(5)(C)(v) of the Act, the 7215.90.1000, 7215.90.5000, ‘‘steel products’’) from Germany (64 FR Department may treat a review as 7217.12.1000, 7217.13.1000, 47767) pursuant to section 751(c) of the extraordinarily complicated if it is a 7217.19.1000, 7217.19.5000, Tariff Act of 1930, as amended (‘‘the review of a transition order (i.e., an 7217.22.5000, 7217.23.5000, Act’’). On the basis of notices of intent order in effect on January 1, 1995). 7217.29.1000, 7217.29.5000, to participate filed on behalf of domestic These reviews concern transition orders 7217.32.5000, 7217.33.5000, interested parties and substantive within the meaning of section 7217.39.1000, and 7217.39.5000. responses filed on behalf of domestic 751(c)(6)(C)(i) of the Act. Therefore, on Included in this scope are flat-rolled and respondent interested parties, the December 22, 1999, the Department products of non-rectangular cross- Department is conducting full (240-day) determined that the sunset reviews of section where such cross-section is sunset reviews. As a result of these the countervailing duty orders on the achieved subsequent to the rolling reviews, the Department preliminarily steel products from Germany are process (i.e., products which have been finds that revocation of the extraordinarily complicated and worked after rolling)—for example, countervailing duty orders would be extended the time limit for completion products which have been bevelled or likely to lead to continuation or of the preliminary results of these rounded at the edges. Excluded from recurrence of countervailing subsidies at reviews until not later than March 19, this scope are flat-rolled steel products the levels indicated in the Preliminary 2000, in accordance with section either plated or coated with tin, lead, Results of Review section of this notice. 751(c)(5)(B) of the Act.1 chromium, chromium oxides, both tin EFFECTIVE DATE: March 27, 2000. Scope of Review and lead (‘‘terne plate’’), or both FOR FURTHER INFORMATION CONTACT: Eun chromium and chromium oxides (‘‘tin- W. Cho or Melissa G. Skinner, Office of The products covered by these free steel’’), whether or not painted, Policy for Import Administration, reviews are certain corrosion-resistant varnished or coated with plastics or International Trade Administration, carbon steel flat products, cold-rolled other nonmetallic substances in U.S. Department of Commerce, 14th carbon steel flat products, and cut-to- addition to the metallic coating. Also Street and Constitution Avenue, NW, length steel plate products from excluded from this scope are clad Washington, DC 20230; telephone: (202) Germany. products in straight lengths of 0.1875 482–1698 or (202) 482–1560, (1) Certain corrosion-resistant carbon inch or more in composite thickness respectively. steel flat products: The scope of and of a width which exceeds 150 countervailing duty order of certain millimeters and measures at least twice SUPPLEMENTARY INFORMATION: corrosion-resistant carbon steel flat the thickness. Also excluded from this products (‘‘corrosion-resistant’’) The Applicable Statute scope are certain clad stainless flat- includes flat-rolled carbon steel rolled products, which are three-layered Unless otherwise indicated, all products, of rectangular shape, either corrosion-resistant carbon steel flat- citations to the Act are references to the clad, plated, or coated with corrosion- rolled products less than 4.75 provisions effective January 1, 1995, the resistant metals such as zinc, aluminum, millimeters in composite thickness that effective date of the amendments made or zinc-, aluminum-, nickel- or iron- to the Act by the Uruguay Round consist of a carbon steel flat-rolled product clad on both sides with Agreements Act (‘‘URAA’’). In addition, 1 See Extension of Time Limit for Preliminary unless otherwise indicated, all citations Results of Full Five-Year Reviews, 64 FR 71726 stainless steel in a ‘‘20 percent–60 to the Department regulations are to 19 (December 22, 1999). percent–20 percent’’ ratio.
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On September 22, 1999, the 7211.49.3000, 7211.49.5030, rounded at the edges. Excluded is grade Department issued the final results of a 7211.49.5060, 7211.49.5090, X–70 plate. changed circumstances review and 7211.90.0000, 7212.40.1000, On August 25, 1999, the Department revoked the order with respect to certain 7212.40.5000, 7212.50.0000, issued the final results of a changed- corrosion-resistant steel.2 7217.11.1000, 7217.11.2000, circumstances review revoking the order (2) Certain cold-rolled carbon steel 7217.11.3000, 7217.19.1000, in part, with respect to certain carbon flat products: The scope of 7217.19.5000, 7217.21.1000, cut-to-length steel plate with a countervailing duty order of certain 7217.29.1000, 7217.29.5000, maximum thickness of 80 mm in steel cold-rolled carbon steel flat products 7217.31.1000, 7217.39.1000, and grades BS 7191, 355 EM and 355 EMZ, includes cold-rolled (cold-reduced) 7217.39.5000. Included in this scope are as amended by Sable Offshore Energy carbon steel flat-rolled products, of flat-rolled products of non-rectangular Project Specification XB MOO Y 15 rectangular shape, neither clad, plated cross-section where such cross-section 0001, types 1 and 2.3 nor coated with metal, whether or not is achieved subsequent to the rolling The HTS item numbers are provided painted, varnished or coated with process (i.e., products which have been for convenience and custom purposes. plastics or other nonmetallic substances, worked after rolling)—for example, The written description remains in coils (whether or not in successively products which have been bevelled or dispositive. superimposed layers) and of a width of rounded at the edges. Excluded from Analysis of Comments Received 0.5 inch or greater, or in straight lengths this scope is certain shadow mask steel; which, if of a thickness less than 4.75 i.e., aluminum-killed, cold-rolled steel All issues raised in substantive millimeters, are of a width of 0.5 inch coil that is open-coil annealed, has a responses and rebuttals by parties to or greater and which measures at least carbon content of less than 0.002 these sunset reviews are addressed in 10 times the thickness or if of a percent, is of 0.003 to 0.012 inch in the Issues and Decision Memorandum thickness of 4.75 millimeters or more thickness, 15 to 30 inches in width, and (‘‘Decision Memo’’) from Jeffrey A. May, are of a width which exceeds 150 has an ultra flat, isotropic surface. Director, Office of Policy, Import millimeters and measures at least twice (3) Certain cut-to-length carbon steel Administration, to Richard W. the thickness, as currently classifiable in plate products: The scope of Moreland, Acting Assistant Secretary for the Harmonized Tariff Schedule countervailing duty order on certain Import Administration, dated March 20, (‘‘HTS’’) under item numbers cut-to-length carbon steel plate products 2000, which is hereby adopted and 7209.11.0000, 7209.12.0030, incorporated by reference into this 7209.12.0090, 7209.13.0030, (‘‘cut-to-length steel’’) includes hot- rolled carbon steel universal mill plates notice. The issues discussed in the 7209.13.0090, 7209.14.0030, attached Decision Memo include the 7209.14.0090, 7209.21.0000, (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width likelihood of continuation or recurrence 7209.22.0000, 7209.23.0000, of countervailable subsidy, the net 7209.24.1000, 7209.24.5000, exceeding 150 millimeters but not exceeding 1,250 millimeters and of a countervailable subsidy likely to prevail 7209.31.0000, 7209.32.0000, were the order revoked, and the nature 7209.33.0000, 7209.34.0000, thickness of not less than 4 millimeters, not in coils and without patterns in of the subsidy. Parties can find a 7209.41.0000, 7209.42.0000, complete discussion of all issues raised 7209.43.0000, 7209.44.0000, relief), of rectangular shape, neither clad, plated nor coated with metal, in this review and the corresponding 7209.90.0000, 7210.70.3000, recommendations in this public 7210.90.9000, 7211.30.1030, whether or not painted, varnished, or coated with plastics or other memorandum which is on file in B–099, 7211.30.1090, 7211.30.3000, the Central Records Unit, of the Main 7211.30.5000, 7211.41.1000, nonmetallic substances; and certain hot- rolled carbon steel flat-rolled products Commerce building. 7211.41.3030, 7211.41.3090, In addition, a complete version of the 7211.41.5000, 7211.41.7030, in straight lengths, of rectangular shape, hot rolled, neither clad, plated, nor Decision Memo can be accessed directly 7211.41.7060, 7211.41.7090, on the Web at www.ita.doc.gov/ 7211.49.1030, 7211.49.1090, coated with metal, whether or not painted, varnished, or coated with import—admin/records/frn. The paper copy and electronic version of the 2 See Notice of Final Results of Changed plastics or other nonmetallic substances, Circumstances Antidumping Duty and 4.75 millimeters or more in thickness Decision Memo are identical in content. Countervailing Duty Reviews and Revocation of and of a width which exceeds 150 Preliminary Results of Review Orders in Part: Certain Corrosion-Resistant Carbon millimeters and measures at least twice Steel Flat Products From Germany, 64 FR 51292 We preliminarily determine that (September 22, 1999). The Department noted that the thickness, as currently classifiable in the affirmative statement of no interest by the Harmonized Tariff Schedule revocation of the countervailing duty petitioners, combined with the lack of comments (‘‘HTS’’) under item numbers orders would be likely to lead to from interested parties, is sufficient to warrant 7208.40.3030, 7208.40.3060, continuation or recurrence of a partial revocation. This partial revocation applies to countervailable subsidy at the following certain corrosion-resistant deep-drawing carbon 7208.51.0030, 7208.51.0045, steel strip, roll-clad on both sides with aluminum 7208.51.0060, 7208.52.0000, net subsidy rates. (AlSi) foils in accordance with St3 LG as to EN 7208.53.0000, 7208.90.0000, 10139/10140. The merchandise’s chemical Manufacturer/exporters Margin composition encompasses a core material of U St 7210.70.3000, 7210.90.9000, (percent) 23 (continuous casting) in which carbon is less than 7211.13.0000, 7211.14.0030, 0.08 percent; manganese is less than 0.30 percent; 7211.14.0045, 7211.90.0000, Corrosion-resistant carbon steel phosphorous is less than 0.20 percent; sulfur is less 7212.40.1000, 7212.40.5000, and flat products: Country-wide than 0.015 percent; aluminum is less than 0.01 rate ...... 0.54 percent; and the cladding material is a minimum of 7212.50.0000. Included are flat-rolled 99 percent aluminum with silicon/copper/iron of products of non-rectangular cross- less than 1 percent. The products are in strips with section where such cross-section is 3 See Certain Cut-to-Length Carbon Steel Plate thicknesses of 0.07mm to 4.0mm (inclusive) and achieved subsequent to the rolling from Finland, Germany, and United Kingdom: Final widths of 5mm to 800mm (inclusive). The thickness Results of Changed Circumstances Antidumping ratio of aluminum on either side of steel may range process (i.e., products which have been Duty and Countervailing Duty Reviews, and from 3 percent/94 percent/3 percent to 10 percent/ worked after rolling) for example, Revocation of Orders in Part, 64 FR 46343 (August 80 percent/10 percent. products which have been bevelled or 25, 1999).
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company, Usinor Sacilor, created a new DEPARTMENT OF COMMERCE Manufacturer/exporters Margin (percent) holding company, DHS, making Dillinger and Saarstahl wholly-owned National Institute of Standards and Cold-rolled carbon steel flat subsidiaries of DHS. In this Technology products: Country-wide rate .. 0.55 restructuring process, the governments Cut-to-length steel plate prod- Computer System Security and Privacy of Germany and Saarland forgave debts ucts: Advisory Board; Notice of Meeting Salzgitter ...... 1.62 owed to them by Saarstahl. Also, private TKS ...... 0.51 creditors forgave Saarstahl’s debts as a AGENCY: National Institute of Standards Country-wide (Dillinger) ..... 14.84 part of the aforementioned and Technology. restructuring. ACTION: Notice of meeting. Although the programs included in Structural Improvement Aids: This our calculation of the net SUMMARY: Pursuant to the Federal countervailable subsidy likely to prevail program was created to provide funds for companies in the iron and steel Advisory Committee Act, 5 U.S.C. App., if the orders were revoked do not fall notice is hereby given that the Computer industry to cover severance pay and within the definition of an export System Security and Privacy Advisory transitional assistance for steel workers subsidy under Article 3.1(a) of the Board (CSSPAB) will meet Wednesday, affected by the restructuring plan within Subsidies Agreement, they may be March 29, 2000, and Thursday, March the industry and to assist steel subsidies described in Article 6, if the 30, 2000, from 9 a.m. to 5 p.m. The companies with the costs associated net countervailable subsidy exceeds five Advisory Board was established by the percent, as measured in accordance with plant closures. Computer Security Act of 1987 (P.L. with Annex IV of the Subsidies Ruhr District Action Program: This 100–235) to advise the Secretary of Agreement. The Department, however, program provided grants for Commerce and the Director of NIST on has no information with which to make investments in the Ruhr region. Under security and privacy issues pertaining to such a calculation; nor do we believe it this program, grants relating to federal computer systems. All sessions appropriate to attempt such a environmental protection were available will be open to the public. Details calculation in the course of a sunset exclusively to the steel industry. regarding the Board’s activities are review. Moreover, we note that as of available at http://csrc.nist.gov/csspab/. January 1, 2000, Article 6.1 has ceased ECSC 56: This program was created to DATES: The meeting will be held on to apply (see Article 31 of the Subsidies provide assistance to persons who lost March 29–30, 2000, from 9 a.m. to 5 Agreement). As such, we are providing their jobs in iron, steel, and coal the Commission the following program industries. p.m. descriptions: ECSC 54: This program was available ADDRESSES: The meeting will take place Capital Investment Grants: This non- only to the iron, steel, and coal at the National Institute of Standards recurring program provided grants to industries to purchase new equipment and Technology, Gaithersburg, MD, reimburse a certain percentage of or finance modernization. Administration Building, Lecture Room acquisition-cost of assets purchased or D. ECSC 54 Interest: This program was produced after July 1981 but prior to Agenda January 1986. available only to the iron, steel, and coal Investment Premium Act: Under this industries providing rebates during the —Welcome and Overview non-recurring program, which was restructuring and modernization of the —Issues Update and Briefings supposedly in effect from 1969 through industry beginning in the 1980’s. —Legislative Updates 1989, grants were provided to Any interested party may request a —Systems Security Engineering- companies investing in specific regions hearing within 30 days of publication of Capability Maturity Model Briefing of Germany for projects implemented by this notice in accordance with 19 CFR —Office of Management and Budget/ the company within three years of the 351.310(c). Any hearing, if requested, Office of Information and Regulatory certification. will be held on May 17, 2000. Interested Affairs Briefing Joint Scheme: This non-recurring parties may submit case briefs no later —Update on GSA’s Access Certificates program, which was signed in October than May 8, 2000, in accordance with 19 Electronic (ACES) 1969 and came into force in January CFR 351.309(c)(1)(i). Rebuttal briefs, —Best Practices Briefing 1970, was designed to assist companies which must be limited to issues raised —NIST Computer Security Updates —Planning for Security Program Metrics in depressed areas. in the case briefs, may be filed not later Workshop Aid for Closure of Steel Operations: than May 15, 2000. The Department will —Pending Business/Discussion Based on two laws, this non-recurring issue a notice of final results of this program was created to reduce the —Public Participation sunset review, which will include the —Agenda Development for June 2000 economic and social costs of plant results of its analysis of issues raised in closings in the steel industry between Meeting any such comments and/or at a hearing, 1987 and 1990. —Wrap-U no later than July 27, 2000. Upswing East: This non-recurring Note that agenda items may change program was established to provide a We are issuing and publishing this without notice because of possible special investment allowance in five determination and notice in accordance unexpected schedule conflicts of new states in Berlin. with sections section 751(c), 752, and presenters. TRA/BvS: The purpose of this non- 777(i) of the Act. Public Participation recurring program is to take over the Dated: March 20, 2000. government-held assets in the former The Board agenda will include a GDR and place them within the Richard W. Moreland, period of time, not to exceed thirty competition-directed market economy Acting Assistant Secretary for Import minutes, for oral comments and of the unified Germany. Administration. questions from the public. Each speaker SVK grant: The Government of [FR Doc. 00–7493 Filed 3–24–00; 8:45 am] will be limited to five minutes. Saarland and Dillinger’s parent BILLING CODE 3510±DS±P Members of the public who are
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FCRA Cost Appropriation FCRA Cost Rate Loan Ceiling
$0.1 million ...... 1% $10 million $0.1 million ...... 2% $5 million $0.1 million ...... 5% $2 million $0.1 million ...... 10% $1 million
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FCRA Cost Appropriation FCRA Cost Rate Loan Ceiling
$0.1 million ...... 20% $0.5 million $0.1 million ...... 50% $0.2 million
The FFP uses FCRA cost (5) FFP’s FY 2000 loan ceiling. The The President’s budgets have not, appropriations as lending capital, President’s FY 2000 budget established through FY 2000, requested IFQ loan borrowing the balance from the U.S. a 1 percent FCRA cost rate for the FFP ceilings. OMB, however, established a Treasury. If, for example, the FFP had loan ceiling that the budget requested 2– percent FCRA cost rate for the first a $0.1 million FCRA cost appropriation (which did not include IFQ loans). FCRA cost appropriation that Congress at a 1 percent FCRA cost rate, the FFP’s Congress enacted a FY 2000 FCRA dedicated to IFQ loans. This FCRA cost lending capital would be the $0.1 cost appropriation of $0.338 million and rate has since applied to all FCRA cost million FCRA cost appropriation plus appropriations that Congress dedicated $9.9 million borrowed from the U.S. dedicated $0.1 million of it to IFQ loans, leaving the undedicated $0.238 million to IFQ loans (fiscal years 1998 and Treasury. The FFP would then make 1999). loans worth $10 million, using their balance available for the FFP’s other repayment proceeds to repay (with lending purposes. OMB reduced the Consequently, the FFP’s apportioned interest) the FFP’s own loan from the apportioned FCRA cost to $0.337 loan ceiling for FY 2000 is as follows: Treasury. million.
FCRA Cost × FCRA = Loan
Loan Purpose ...... Appropriation Cost Rate Ceiling IFQ ...... $0.1 million 2 percent $5 million Other Purposes ...... $0.237 million 1 percent $23.7 million Totals ...... $0.337 million - $28.7 million
(6) Catalog of Federal Domestic servicing actions that protect the FFP loan ceiling not previously reserved Assistance. The FFP is listed in the Government’s interest in the existing for another purpose. NMFS will do so ‘‘Catalog of Federal Domestic FFP portfolio and limit loan loss only for accepted fishing capacity Assistance’’ under number 11.415: exposure; reduction requests whose further Fisheries Finance Program. (c) Backlogged FY 1999 loan processing requires FY 2000 loan applications. This includes about $10 approval. II. $5 Million Ceiling For IFQ Loans million in FFP loan applications (4) Application fee. NMFS will During FY 2000 backlogged from FY 1999; and reserve loan ceiling for an application Backlogged IFQ applications from FY (d) Marine and closed system only upon the applicant’s payment of an 1999 far exceed this $5 million loan aquaculture. This excludes land-based application fee. Fifty percent of this fee ceiling. NMFS will not, consequently, aquaculture not occurring in closed is non-refundable (NMFS earns the accept new IFQ loan applications systems. remainder upon loan approval). during FY 2000. Instead, NMFS will (2) Non-priority lending purposes. (5) Losing loan ceiling reservations. select $5 million worth of backlogged These are the non-priority lending NMFS intends to ensure that it obligates applications for processing. This purposes for this $23.7 million loan this entire $23.7 million loan ceiling accords with NMFS’ previous Federal ceiling: before October 1, 2000. If an applicant Register notice (64 FR 25289, May 11, (a) Land based aquaculture in open with a loan ceiling reservation does not 1999). NMFS will use for FY 2000 systems; comply with NMFS’ loan processing selection the same random process it (b) Fisheries shoreside facilities; and requirements promptly enough for used for FY 1999 selection. NMFS’ (c) Fishing vessels. NMFS to prospectively achieve this previous Federal Register notice (3) Reserving FY 2000 loan ceiling. (a) intention, NMFS may transfer the loan requested, but did not receive, public Before April 17, 2000. Before this date, ceiling reservation to another applicant comment about this. NMFS will reserve the entire $23.7 who can and will comply. million loan ceiling for applications that (6) Applications and waiting list. All III. $23.7 Million Ceiling For Other involve the priority lending purposes. potential applicants must first discuss Loan Purposes During FY 2000 (1) (b) After April 17, 2000. If any of the their loan projects with the appropriate Priority lending purposes. These are the $23.7 million loan ceiling remains NMFS Regional Financial Services priority lending purposes for this $23.7 unreserved after this date, the Branch. million loan ceiling: unreserved amount will then be If a potential applicant appears to be (a) Fishing Capacity Reduction. This available to reserve for applications ineligible for an FFP loan or unable to is the highest priority because involving any FFP lending purpose. meet the FFP’s loan risk criteria, NMFS harvesting overcapitalization is a major (c) Fishing Capacity Reduction will take no further action. national fisheries problem. Exclusion. Because this is the highest If, however, a potential applicant (b) Supporting the existing FFP credit FFP lending priority, NMFS may at any prospectively appears to be both eligible portfolio. This includes: refinancing time during FY 2000 consider reserving and able to meet the loan risk criteria, loans, assuming loans, and other loan for this purpose any or all of the $23.7 NMFS will either then advise the
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IV. What To Submit request for each year of the project, to evaluate the appropriateness of the including matching funds if funding requested. For all applications, Full Proposal Guidelines appropriate. 4. Project Period: Start and regardless of any approved indirect cost Each full proposal should include the completion dates. Proposals should rate applicable to the award, the first six items listed below: the standard request a start date of July 1, 2000, or maximum dollar amount of allocable forms included as Item 7 will only be later. 5. Project Summary: This should indirect costs for which the Department required for proposals for selected include the rationale for the project, the of Commerce will reimburse the funding. All pages should be single– or scientific or technical objectives and/or Recipient shall be the lesser of: (a) The double-spaced, typewritten in at least a hypotheses to be tested, and a brief Federal share of the total allocable 10-point font, and printed on metric A4 summary of work to be completed. indirect costs of the award based on the (210 mm × 297 mm) or 8 2″ × 11″ paper. negotiated rate with the cognizant (3) Project Description (15-page limit) Brevity will assist reviewers and Federal agency as established by audit program staff in dealing effectively with (a) Introduction/Background/ or negotiation; or (b) The line item proposals. Therefore, the Project Justification: Subjects that the amount for the Federal share of indirect Description may not exceed 15 pages. investigator(s) may wish to include in costs contained in the approved budget Tables and visual materials, including this section are: (i) Current state of of the award. figures, charts, graphs, maps, knowledge; (ii) Contributions that the photographs and other pictorial study will make to the particular (5) Current and Pending Support presentations are included in the 15- discipline or subject area; (iii) Applicants must provide information page limitation; literature citations and Contributions and impacts the study on all current and pending support for letters of support, if any, are not will make toward advancement of ongoing projects and proposals, included in the 15-page limitation. marine aquaculture technology and including subsequent funding in the Conformance to the 15-page limitation policy; and iv) As appropriate, case of continuing grants. All current will be strictly enforced. All information contributions of investigator’s project support from whatever source needed for review of the proposal previously funded research results to (e.g., Federal, State, or local government should be included in the main text; no current proposal. agencies, private foundations, industrial appendices, other than support letters, if (b) Research or Technical Plan: (i) or other commercial organizations) must any, are permitted. Failure to adhere to Objectives to be achieved, hypotheses to be listed. The proposed project and all the above limitations will result in the be tested; (ii) Plan of work—discuss other projects or activities requiring a proposal being rejected without review. how stated project objectives will be portion of time of the principal (2) Signed Title Page achieved; and (iii) Role of project investigator and other senior personnel personnel. should be included, even if they receive The title page should be signed by the (c) Output: Describe the project no Federal salary support from the Principal Investigator and the outputs and impacts that will enhance project(s). The number of person- institutional representative and should the Nation’s ability to develop marine months per year to be devoted to the clearly identify the program area being aquaculture in an environmentally projects must be stated, regardless of addressed by starting the project title responsible way. source of support. Similar information ‘‘National Marine Aquaculture (d) Coordination with other Program must be provided for all proposals Initiative.’’ The Principal Investigator Elements: Describe any coordination already submitted or submitted and institutional representative should with other agency programs or ongoing concurrently to other possible sponsors, be identified by full name, title, research efforts. Describe any other including those within NOAA. organization, telephone number, and proposals that are essential to the address. The total amount of Federal success of this proposal. (6) Vitae funds being requested should be listed (e) Literature Cited: Should be (2 pages maximum per investigator). for each budget period; the total should included here, but does not count include all subrecipient’s budgets on against the 15-page limit. (7) Standard Application Forms projects involving multiple institutions. Applicants may obtain all required (4) Budget and Budget Justification application forms at the following (2) Project Summary There should be a separate budget for Internet website: (http:// This information is very important. each year of the project as well as a www.nsgo.seagrant.org/research/rfp/ Prior to attending the peer review panel cumulative annual budget for the entire index.html#3), from the state Sea Grant meetings, some of the panelists may project. Applicants are encouraged to Programs, or from Dr. James McVey at read only the project summary. use the Sea Grant Budget Form 90–4, the NSGO (phone: 301–713–2451 x160 Therefore, it is critical that the project but may use their own form as long as or e-mail: [email protected]). For summary accurately describes the it provides the same information as the proposals selected for funding, the research being proposed and conveys all Sea Grant form. Successful applicants following forms must also be submitted: essential elements of the research. whose awards would be made through (a) Standard Form 424, Application Applicants are encouraged to use to Sea a state Sea Grant Program must consult for Federal Assistance, and 424B Grant Project Summary Form 90–2, but with that state Sea Grant Program Assurances—Non-Construction may use their own form as long as it budget office to ensure that all necessary Programs, (Rev 4–88). Applications provides the same information as the overhead costs are included. should clearly identify the program area Sea Grant form. The project summary Subcontracts should have a separate being addressed by starting the project should include: 1. Title: Use the exact budget page. Matching funds must be title with ‘‘Marine Aquaculture title as it appears in the rest of the indicated if required; failure to provide Initiative.’’ Please note that both the application. 2. Investigators: List the adequate matching funds will result in Principal Investigator and an names and affiliations of each the proposal being rejected without administrative contact should be investigator who will significantly con- review. Applicants should provide identified in Section 5 of the SF424. For tribute to the project. Start with the justification for all budget items in Section 10, applicants should enter Principal Investigator. 3. Funding sufficient detail to enable the reviewers ‘‘11.417’’ for the CFDA Number and Sea
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Grant Support for the title. The form submitted by any tier recipient or Attn.: Dr. James P. McVey, National must contain the original signature of an subrecipient should be submitted to Marine Aquaculture Initiative, 1315 authorized representative of the DOC in accordance with the East-West Highway, Room 11838, Silver applying institution. instructions contained in the award Spring, MD 20910 (phone number for (b) Primary Applicant Certifications. document. express mail applications is 301–713– All primary applicants must submit a 2435). completed Form CD–511, V. Selection Procedures Applications received after the ‘‘Certifications Regarding Debarment, All proposals will be sent out for deadline and application that deviate Suspension and Other Responsibility written reviews and a blue ribbon panel from the format described above will be Matters; Drug-Free Workplace of non-government aquaculture experts returned to the sender without review. Requirements and Lobbying,’’ and the and NOAA scientists will rate the Facsimile transmissions and electronic following explanations are hereby proposals in rank order for funding mail submission of pre-proposals and provided: based on the written reviews and the (i) Non-Procurement Debarment and panel process. OAR, in cooperation with full proposals will not be accepted. Suspension. Prospective participants (as the NOAA/DOC Steering Committee on VIII. Other Requirements defined at 15 CFR Part 26, Section 105) Aquaculture, will make the final are subject to 15 CFR Part 26, ‘‘Non- proposal selection based on the input (A) Federal Policies and Procedures— Procurement Debarment and from the selection panel, but reserves Recipients and subrecipients are subject Suspension’’ and the related section of the right to select outside of rank order to all Federal laws and Federal and the certification form prescribed above for programmatic balance and purposes. Department of Commerce (DOC) applies; Selection criteria will be as follows: policies, regulations, and procedures (ii) Drug-Free Workplace. Grantees (as 60% Scientific and/or technical merit applicable to Federal financial defined in 15 CFR Part 26, Section 605) 20% Project relevance to the priorities assistance awards. are subject to 15 CFR Part 26, Subpart of the RFP (B) Past Performance—Unsatisfactory F, ‘‘Government-wide Requirements for 10% Competency of project team and performance under prior Federal awards Drug-Free Workplace (Grants)’’ and the ability to complete project according may result in an application not being related section of the certification form to schedule considered for funding. prescribed above applies; 10% Plan for dissemination and (iii) Anti-Lobbying. Persons (as incorporation of project results, (C) Pre-Award Activities—If defined at 15 CFR Part 28, Section 105) including publication and extension applicants incur any costs prior to an are subject to the lobbying provisions of opportunities. award being made, they do so solely at 31 U.S.C. 1352, ‘‘Limitation on use of Projects will be graded on a percent their own risk of not being reimbursed appropriated funds to influence certain system with each category contributing by the Government. Notwithstanding Federal contracting and financial towards a total of 100% any verbal or written assurance that may transactions,’’ and the lobbying section have been received, there is no of the certification form prescribed VI. Eligibility obligation on the part of DOC to cover above applies to applications/bids for Support under this call for proposals pre-award costs. grants, cooperative agreements, and is available to all non-federal scientists (B) No Obligation for Future contracts for more than $100,000, and as well as all federal and state agencies Funding—If an application is selected loans and loan guarantees for more than and institutions. Investigators for funding, DOC has no obligation to $150,000, or the single family maximum submitting proposals in response to this provide any additional future funding in mortgage limit for affected programs, announcement are strongly encouraged connection with that award. Renewal of whichever is greater; and to develop inter-institutions, inter- an award to increase funding or extend (iv) Anti-Lobbying Disclosures. Any disciplinary research teams in the form the period of performance is at the total applicant that has paid or will pay for of single, integrated proposals or as discretion of DOC. lobbying using any funds must submit individual proposals that are clearly (E) Delinquent Federal Debts—No an SF–LLL, ‘‘Disclosure of Lobbying linked together. Persons directly award of Federal funds shall be made to Activities,’’ as required under 15 CFR involved in the proposal selection an applicant who has an outstanding Part 28, Appendix B. process are not eligible for support. delinquent Federal debt until either: (c) Lower Tier Certifications. NOAA conflict of interest procedures Recipients shall require applicants/ will be followed. (1) The delinquent account is paid in bidders for subgrants, contracts, full, VII. How To Submit subcontracts, or other lower tier covered (2) A negotiated repayment schedule transactions at any tier under the award Proposals can be submitted directly to is established and at least one payment to submit, if applicable, a completed the National Sea Grant Office (NSGO), is received, or Form CD–512, ‘‘Certifications Regarding according to the schedule outlined Debarment, Suspension, Ineligibility above. Although investigators are not (3) Other arrangement satisfactory to and Voluntary Exclusion-Lower Tier required to submit more than 3 copies DOC are made. Covered Transactions and Lobbying’’ of full proposals, the normal review (F) Name Check Review—All non- and disclosure form, SF–LLL, process requires 10 copies. Investigators profit and for-profit applicants are ‘‘Disclosure of Lobbying Activities.’’ are encouraged to submit sufficient subject to a name check review process. Form CD–512 is intended for the use of copies for the full review process if they Name checks are intended to reveal if recipients and should not be transmitted wish all reviewers to receive color, any key individuals associated with the to the Department of Commerce (DOC). unusually sized (not 8.5″ x 11″), or applicant have been convicted of or are Renewal of an award to increase otherwise unusual materials submitted presently facing criminal charges such funding or extend the period of as part of the proposal. Only three as fraud, theft, perjury, or other matters performance is based on satisfactory copies of the Federally required forms which significantly reflect on the performance and is at the total are needed. Proposals sent to the NSGO applicant’s management honesty or discretion of the DOC. SF–LLL should be addressed to: NSGO, R/SG, financial integrity.
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(G) False Statements—A false application must not exceed the indirect ACTION: Notice of public meeting. statement on an application is grounds cost rate negotiated and approved by a for denial or termination of funds and cognizant Federal agency prior to the SUMMARY: The Gulf of Mexico Fishery grounds for possible punishment by a proposed effective date of the award. Management Council (Council) will fine or imprisonment as provided in 18 convene a public meeting of the Classification U.S.C. 1001. Socioeconomic Panel (SEP). (H) Intergovernmental Review— Prior notice and an opportunity for DATES: A meeting of the SEP will be Applications for support from the public comments are not required by the held beginning at 8:30 a.m. on National Sea Grant College Program are Administrative Procedure Act or any Thursday, April 13, and will conclude not subject to Executive Order 12372, other law for this notice concerning by 4:00 p.m. on Friday, April 14, 2000. ‘‘Intergovernmental Review of Federal grants, benefits, and contracts. ADDRESSES: The meeting will be held at Programs.’’ Therefore, a regulatory flexibility the Tampa Airport Hilton Hotel, 2225 (I) Purchase of American-Made analysis is not required for purposes of Lois Avenue, Tampa, FL 33607; Equipment and Products—Applicants the Regulatory Flexibility Act. telephone: 813–877–6688. are hereby notified that they will be This action has been determined to be FOR FURTHER INFORMATION CONTACT: encouraged, to the greatest extent not significant for purposes of E.O. Antonio B. Lamberte, Economist, Gulf of practicable, to purchase American-made 12866. Mexico Fishery Management Council, equipment and products with funding This notice contains collection of 3018 U.S. Highway 301 North, Suite provided under this program. information requirements subject to the (J) Pursuant to Executive Orders Paperwork Reduction Act. The Sea 1000, Tampa, FL 33619; telephone: 813– 12876, 12900, and 13021, the Grant Budget Form, 90–4, Sea Grant 228–2815. Department of Commerce, National Summary Form, 90–2, and Standard SUPPLEMENTARY INFORMATION: The SEP Oceanic and Atmospheric Forms 424, and 424b have been will convene to review available social Administration (DOC/NOAA) is approved under control numbers 0648– and economic information on the Gulf strongly committed to broadening the 0362, 0648–0362, 0348–0043, and 0348– migratory group of king and Spanish participation of Historically Black 0040 with average responses estimated mackerels and to determine the social Colleges and Universities (HBCU), to take 15, 20, 45, and 15 minutes, and economic implications of the levels Hispanic Serving Institutions (HSI), and respectively. These estimates include of acceptable biological catches Tribal Colleges and Universities (TCU) the time for reviewing instructions, recommended by the Council’s in its educational and research searching existing data sources, Mackerel Stock Assessment Panel programs. The DOC/NOAA vision, gathering and maintaining the data (MSAP). The SEP may recommend to mission, and goals are to achieve full needed, and completing and reviewing the Council total allowable catch (TAC) participation by Minority Serving the collection of information. Send levels for the 2000–01 fishing year and Institutions (MSI) in order to advance comments on these estimates or any certain management measures the development of human potential, to other aspect of these collections to associated with achieving the TACs. strengthen the nation’s capacity to National Sea Grant College Program, Composing the SEP membership are provide high-quality education, and to R/SG, NOAA, 1315 East-West Highway, economists, sociologists, and increase opportunities for MSIs to Silver Spring, MD 20910 (Attention: anthropologists from various participate in and benefit from Federal Francis S. Schuler). Notwithstanding universities and state fishery agencies Financial Assistance programs. DOC/ any other provision of the law, no throughout the Gulf. They advise the NOAA encourages all applicants to person is required to respond to, nor Council on the social and economic include meaningful participation of shall any person be subject to a penalty implications of certain fishery MSIs. Institutions eligible to be for failure to comply with, a collection management measures. considered HBCU/MSIs are listed at the of information subject to the A copy of the agenda can be obtained following Internet website: http:// requirements of the Paperwork by calling 813–228–2815. www.ed.gov/offices/OCR/99minin.html. Reduction Act, unless that collection of Although other non-emergency issues (K) For awards receiving funding for information displays a currently valid not on the agendas may come before the the collection or production of OMB Control Number. SEP for discussion, in accordance with geospatial data (e.g., GIS data layers), the Magnuson-Stevens Fishery Louisa Koch, the recipient will comply to the Conservation and Management Act, maximum extent practicable with E.O. Deputy Assistant Administrator, Office of those issues may not be the subject of Oceanic and Atmospheric Research, National 12906, Coordinating Geographic Data Oceanic and Atmospheric Administration. formal action during these meetings. Acquisition and Access, The National Actions of the SEP will be restricted to [FR Doc. 00–7512 Filed 3–24–00; 8:45 am] Spatial Data Infrastructure, 59 FR 17671 those issues specifically identified in (April 11, 1994). The award recipient BILLING CODE 3510±KA±M the agendas and any issues arising after shall document all new geospatial data publication of this notice that require collected or produced using the DEPARTMENT OF COMMERCE emergency action under Section 305(c) standard developed by the Federal of the Magnuson-Stevens Act, provided Geographic Data Center, and make that National Oceanic and Atmospheric the public has been notified of the standardized documentation Administration Council’s intent to take action to electronically accessible. The standard address the emergency. [I.D. 032000C] can be found at the following Internet Special Accommodations website: Gulf of Mexico Fishery Management (http://www.fgdc.gov/standards/ Council; Public Meetings The meeting is open to the public and standards/html). is physically accessible to people with L. Indirect Costs: If indirect costs are AGENCY: National Marine Fisheries disabilities. Requests for sign language proposed, the following statement Service (NMFS), National Oceanic and interpretation or other auxiliary aids applies: The total dollar amount of the Atmospheric Administration (NOAA), should be directed to the Council office indirect costs proposed in an Commerce. by April 6, 2000.
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Dated: March 20, 2000. organize into subcommittees that will be Plan Development Team (PDT) should Bruce C. Morehead, tasked to develop specific management they choose to continue development of Acting Director, Office of Sustainable options for consideration by the full a limited entry or controlled access Fisheries, National Marine Fisheries Service. committee. These tasks will be based on system. The committees will discuss [FR Doc. 00–7502 Filed 3–24–00; 8:45 am] broad approaches to management options for the protection of spawning BILLING CODE 3510±22±M selected by the committee. herring and will decide whether to Tuesday, April 12, 2000, 9 a.m.— make any revisions to the spawning Research Steering Committee Meeting restrictions contained in the ASMFC DEPARTMENT OF COMMERCE Location: Sheraton Ferncroft Hotel, 50 management plan, and whether to Ferncroft Road, Danvers, MA 01923; recommend spawning restrictions for National Oceanic and Atmospheric telephone: (978) 777–2500. the Council’s Atlantic Herring FMP. The Administration The committee will discuss and committees will discuss the impact of establish a method to score concept [I.D. 032000E] the total allowable catch on industry papers received in response to a Request sectors and will determine what action, New England Fishery Management for Information (RFI) distributed by if any, should be taken to insure the Council; Public Meetings NMFS. The RFI was developed as part fixed gear sector has access to the of a program to fund collaborative fishery. The committees may also AGENCY: National Marine Fisheries research projects developed by discuss the annual specification process Service (NMFS), National Oceanic and fishermen and scientists to investigate and may provide direction to the PDT Atmospheric Administration (NOAA), scientific and management questions on how that process should proceed. Commerce. related to groundfish management in the Although non-emergency issues not ACTION: Notice of public meetings. Northeast. The committee also will contained in this agenda may come develop a procedure to evaluate scallop before this Council for discussion, those SUMMARY: The New England Fishery research proposals to be funded through issues may not be the subject of formal Management Council (Council) is the Total Allowable Catch set-aside Council action during this meeting. scheduling public meetings of its approved by the Council in Framework Council action will be restricted to those Groundfish, Research Steering and 13 to the Atlantic Sea Scallop FMP. issues specifically listed in this notice Herring Committees in April, 2000. Additionally, if it is determined to be and any issues arising after publication Recommendations from these groups appropriate and time allows, the of this notice that require emergency will be brought to the full Council for committee may begin review of the action under section 305(c) of the formal consideration and action, if concept papers received in response to Magnuson-Stevens Act, provided the appropriate. the RFI. public has been notified of the Council’s DATES: The meetings will be held Tuesday, April 25, 2000, 9:00 a.m. intent to take final action to address the between April 11, 2000 and April 27, and Wednesday, April 26, 2000, 8:30 emergency. a.m.—Research Steering Committee 2000. See SUPPLEMENTARY INFORMATION Special Accommodations for specific dates and times. Meeting Location: Sheraton Ferncroft Hotel, 50 This meeting is physically accessible ADDRESSES: The meetings will be held Ferncroft Road, Danvers, MA 01923; to people with disabilities. Requests for in Mansfield and Danvers, MA. See telephone: (978) 777–2500. sign language interpretation or other SUPPLEMENTARY INFORMATION for specific The committee will review and auxiliary aids should be directed to Paul locations. evaluate concept papers submitted to J. Howard (see FOR FURTHER INFORMATION FOR FURTHER INFORMATION CONTACT: Paul NMFS in response to a Request for CONTACT) at least 5 days prior to the J. Howard, Executive Director, New Information distributed by NMFS in meeting dates. England Fishery Management Council; early March. The RFI was developed as Dated: March 21, 2000. (978) 465–0492. part of a program to fund collaborative Bruce C. Morehead, SUPPLEMENTARY INFORMATION: research projects developed by fishermen and scientists to investigate Acting Director, Office of Sustainable Meeting Dates and Agendas Fisheries, National Marine Fisheries Service. scientific and management questions Tuesday, April 11, 2000 at 9:30 a.m.— related to groundfish management in the [FR Doc. 00–7500 Filed 3–24–00; 8:45 am] Groundfish Committee Meeting Northeast. Results of this meeting will BILLING CODE 3510±22±F Location: Holiday Inn, 31 Hampshire be discussed at the next full Council Street, Mansfield, MA 02048; telephone: scheduled for May 3–4, 2000. DEPARTMENT OF COMMERCE (508) 339–2200. Thursday, April 27, 2000, 10:00 The committee will continue a.m.—Joint New England Fishery National Oceanic and Atmospheric development of management options for Management Council and Atlantic Administration Amendment 13 to the Northeast States Marine Fisheries Commission Multispecies Fishery Management Plan (ASMFC) Herring Section Meeting [I.D. 032100A] (FMP). Agenda items include discussion Location: Sheraton Ferncroft Hotel, 50 of guidance received from the full Ferncroft Road, Danvers, MA 01923; National Plan of Action for the Council concerning overfishing telephone: (978) 777–2500. Conservation and Management of definitions and control rules. Current The two committees will review the Sharks overfishing definitions and control rules comments received from the public AGENCY: National Marine Fisheries for the multispecies complex will be during the scoping process for a limited Service (NMFS), National Oceanic and reviewed and the assumptions and entry or controlled access system for the Atmospheric Administration (NOAA), policy decisions in those rules Atlantic herring fishery. Based on this Commerce. examined. The committee will review, the committees will decide how ACTION: Notice of revised timeframe. determine the biological goals of the to proceed in the development of such amendment in light of these a system, and will develop a schedule SUMMARY: On September 30, 1999, discussions. The committee also will for and provide initial direction to the NMFS announced its intention to
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7. Review and comment on NMFS www.customs.ustreas.gov. For Sincerely, Economic Guidelines. information on embargoes and quota re- Troy H. Cribb, Other committees and workgroups openings, call (202) 482–3715. may hold impromptu meetings Chairman, Committee for the Implementation SUPPLEMENTARY INFORMATION: of Textile Agreements. throughout the meeting week. Such meetings will be announced during Authority: Section 204 of the Agricultural [FR Doc. 00–7406 Filed 3–24–00; 8:45 am] regularly-scheduled meetings of the Act of 1956, as amended (7 U.S.C. 1854); BILLING CODE 3510±DR±F Council, Advisory Panel, and SSC, and Executive Order 11651 of March 3, 1972, as will be posted at the hotel. amended. COMMITTEE FOR THE Although non-emergency issues not The current limits for certain IMPLEMENTATION OF TEXTILE contained in this agenda may come categories are being increased for AGREEMENTS before these groups for discussion, those carryover and recrediting of unused issues may not be the subject of formal carryforward. Adjustment of Import Restraint Limits action during this meeting. Action will for Certain Cotton and Man-Made Fiber be restricted to those issues specifically A description of the textile and apparel categories in terms of HTS Textiles and Textile Products identified in this notice and any issues Produced or Manufactured in Thailand arising after publication of this notice numbers is available in the that require emergency action under CORRELATION: Textile and Apparel March 21, 2000. section 305(c) of the Magnuson-Stevens Categories with the Harmonized Tariff AGENCY: Committee for the Fishery Conservation and Management Schedule of the United States (see Implementation of Textile Agreements Act, provided the public has been Federal Register notice 64 FR 71982, (CITA). notified of the Council’s intent to take published on December 22, 1999). Also ACTION: Issuing a directive to the final action to address the emergency. see 64 FR 70223, published on Commissioner of Customs adjusting December 16, 1999. Special Accommodations limits. Troy H. Cribb, These meetings are physically EFFECTIVE DATE: March 27, 2000. Chairman, Committee for the Implementation accessible to people with disabilities. of Textile Agreements. FOR FURTHER INFORMATION CONTACT: Ross Requests for sign language Arnold, International Trade Specialist, interpretation or other auxiliary aids Committee for the Implementation of Textile Office of Textiles and Apparel, U.S. should be directed to Helen Allen at Agreements Department of Commerce, (202) 482– 907–271–2809 at least 7 working days March 21, 2000. 4212. For information on the quota prior to the meeting date. Commissioner of Customs, status of these limits, refer to the Quota Dated: March 21, 2000. Department of the Treasury, Washington, DC Status Reports posted on the bulletin 20229. Bruce C. Morehead, boards of each Customs port, call (202) Acting Director, Office of Sustainable Dear Commissioner: This directive 927–5850, or refer to the U.S. Customs Fisheries, National Marine Fisheries Service. amends, but does not cancel, the directive website at http:// issued to you on December 10, 1999, by the [FR Doc. 00–7501 Filed 3–24–00; 8:45 am] www.customs.ustreas.gov. For Chairman, Committee for the Implementation information on embargoes and quota re- BILLING CODE 3510±22±F of Textile Agreements. That directive openings, call (202) 482–3715. concerns imports of certain cotton, man- SUPPLEMENTARY INFORMATION: made fiber, silk blend and other vegetable COMMITTEE FOR THE fiber textile products, produced or Authority: Section 204 of the Agricultural IMPLEMENTATION OF TEXTILE manufactured in Oman and exported during Act of 1956, as amended (7 U.S.C. 1854); AGREEMENTS the twelve-month period beginning on Executive Order 11651 of March 3, 1972, as January 1, 2000 and extending through amended. Adjustment of Import Limits for Certain December 31, 2000. The current limits for certain Cotton, Man-Made Fiber, Silk Blend Effective on March 28, 2000, you are categories are being reduced for and Other Vegetable Fiber Textile directed to increase the current limits for the carryforward used. The current limits Products Produced or Manufactured in following categories, as provided for under are being increased in Category 603 for Oman the current bilateral textile agreement unused carryforward. between the Governments of the United A description of the textile and March 21, 2000. States and the Sultanate of Oman: apparel categories in terms of HTS AGENCY: Committee for the numbers is available in the Implementation of Textile Agreements Category Adjusted twelve-month limit 1 CORRELATION: Textile and Apparel (CITA). Categories with the Harmonized Tariff ACTION: Issuing a directive to the 334/634 ...... 176,640 dozen. Schedule of the United States (see Commissioner of Customs increasing 335/635 ...... 314,911 dozen. Federal Register notice 64 FR 71982, limits. 338/339 ...... 653,441 dozen. published on December 22, 1999). Also 340/640 ...... 287,097 dozen. see 64 FR 68336, published on EFFECTIVE DATE: March 28, 2000. 341/641 ...... 236,182 dozen. December 7, 1999. FOR FURTHER INFORMATION CONTACT: Roy 347/348 ...... 986,616 dozen. Unger, International Trade Specialist, 647/648/847 ...... 482,765 dozen. Troy H. Cribb, Chairman, Committee for the Implementation Office of Textiles and Apparel, U.S. 1 The limits have not been adjusted to ac- of Textile Agreements. Department of Commerce, (202) 482– count for any imports exported after December 4212. For information on the quota 31, 1999. Committee for the Implementation of Textile status of these limits, refer to the Quota The Committee for the Implementation of Agreements Status Reports posted on the bulletin Textile Agreements has determined that March 21, 2000. boards of each Customs port, call (202) these actions fall within the foreign affairs Commissioner of Customs, 927–5850, or refer to the U.S. Customs exception of the rulemaking provisions of 5 Department of the Treasury, Washington, DC website at http:// U.S.C. 553(a)(1). 20229.
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Dear Commissioner: This directive accordance with the Paperwork AmeriCorps, the national service amends, but does not cancel, the directive Reduction Act of 1995 (PRA95) (44 program funded at $435 million issued to you on December 1, 1999, by the U.S.C. 3506(c)(2)(A)). This program annually. While the primary emphasis Chairman, Committee for the Implementation of Textile Agreements. That directive helps to ensure that requested data can of AmeriCorps is on providing services concerns imports of certain cotton, wool, be provided in the desired format, to communities and other beneficiaries, man-made fiber, silk blend and other reporting burden (time and financial of key importance is participant vegetable fiber textiles and textile products, resources) is minimized, collection development. AmeriCorps includes the produced or manufactured in Thailand and instruments are clearly understood, and State/National program and the National exported during the period which began on the impact of collection requirement on Civilian Community Corps (NCCC) January 1, 2000 and extends through respondents can be properly assessed. program. The objectives of this study are December 31, 2000, except for the period for Currently, the Corporation is soliciting to describe the outcomes that are Category 603 which began on January 1, 2000 and extends through September 30, 2000. comments concerning its request for associated with participating and Effective on March 27, 2000, you are approval of a new information document changes in those outcomes directed to adjust the limits for the following collection from representatives of over time; to identify factors explaining categories, as provided for under the Uruguay communities served by organizations variation in outcomes at different stages Round Agreement on Textiles and Clothing: that conduct community service of time; and to identify relationships activities under the sponsorship of between selected program features and Adjusted twelve-month Corporation grants. This information member outcomes. Outcome domains Category 1 limit will be used by the Corporation to will include civic engagement, Levels in Group I evaluate the nature and effectiveness of educational skill aspiration and 363 ...... 23,193,679 numbers. its national service programs. achievements, employment skill 369±D 2 ...... 263,114 kilograms. Copies of the proposed information aspiration and achievements, and life 603 ...... 1,735,591 kilograms. collection request may be obtained by skills. 619 ...... 8,066,394 square me- contacting the office listed below in the To meet these objectives, the study ters. ADDRESSES section of this notice. Sublevels in Group II has selected a nationally representative DATES: Written comments must be 336/636 ...... 363,239 dozen. sample of 2,500 incoming AmeriCorps 338/339 ...... 2,123,160 dozen submitted to the office listed in the members from over 100 programs to 340 ...... 318,335 dozen. ADDRESSES section by May 26, 2000. ensure generalizability to the overall 347/348/847 ...... 935,030 dozen. ADDRESSES: Send comments to the population. The Corporation is 638/639 ...... 2,510,374 dozen. Corporation for National and conducting a study to collect baseline 1 The limits have not been adjusted to ac- Community Service Attn: Marcia Scott, data from a self-report survey measuring count for any imports exported after December Office of Evaluation, 1201 New York a variety of life outcomes for 31, 1999. Avenue, N.W., 9th floor, Washington, AmeriCorps members of State/National 2 Category 369±D: only HTS numbers D.C. 20525. and NCCC programs as well as 6302.60.0010, 6302.91.0005 and 6302.91.0045. FOR FURTHER INFORMATION CONTACT: individual background characteristics. Marcia Scott, (202) 606–5000, ext. 100. To fully understand the impacts that The Committee for the Implementation of cause change in outcomes, the Textile Agreements has determined that SUPPLEMENTARY INFORMATION: these actions fall within the foreign affairs The Corporation is particularly Corporation has selected a comparison exception to the rulemaking provisions of 5 interested in comments which: group for both programs and is in the U.S.C. 553(a)(1). • Evaluate whether the proposed process of collecting baseline Sincerely, collection of information is necessary information on those individuals. Troy H. Cribb, for the proper performance of the Current Action functions of the Corporation, including Chairman, Committee for the Implementation of Textile Agreements. whether the information will have The Corporation seeks approval to practical utility; [FR Doc. 00–7405 Filed 3–24–00; 8:45 am] continue to study the impact of • Evaluate the accuracy of the AmeriCorp*State/National and BILLING CODE 3510±DR±F agency’s estimate of the burden of the AmeriCorps*NCCC on members over proposed collection of information, time. The initial round of data including the validity of the collection for this study was authorized CORPORATION FOR NATIONAL AND methodology and assumptions used; COMMUNITY SERVICE under OMB approval 3045–0060 which • Propose ways to enhance the expires September 30, 2002. This is a quality, utility and clarity of the Proposed Information Collection; request to conduct two additional information to be collected; and rounds of data collection on the study: Comment Request • Propose ways to minimize the (1) Surveys of treatment and comparsion AGENCY: Corporation for National and burden of the collection of information group members at two time points: ten Community Service. on those who are to respond, including months and two years after baseline; ACTION: Notice. through the use of appropriate and (2) a survey of AmeriCorps program automated, electronic, mechanical, or administrators at the end of the 1999– SUMMARY: The Corporation for National other technological collection 2000 program year. and Community Service (hereinafter the techniques or other forms of information ‘‘Corporation’’), as part of its continuing technology, e.g., permitting electronic Type of Review: New approval. effort to reduce paperwork and submissions of responses. Agency: Corporation for National and respondent burden, conducts a Community Service. Background preclearance consultation program to Title: Long-term Study of Member provide the general public and Federal The Corporation for National Service Outcomes. agencies with an opportunity to has the responsibility to evaluate the comment on proposed and/or effectiveness of its programs. The OMB Number: None. continuing collections of information in Corporation’s major initiative is Agency Number: None.
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Affected Public: AmeriCorps DEPARTMENT OF DEFENSE upland disposal areas. Diminishing members, comparison group disposal area capacity primarily in individuals, AmeriCorps program Department of the Army upland disposal areas, has begun to administrators. impact operation and maintenance Board of Visitors, United States Total Respondents: 4613. dredging activities at several locations Military Academy; Meeting along the BWT Waterway. Rock • 2,500 AmeriCorps members (2,000 formations have also been identified State/National and 500 NCCC). AGENCY: United States Military Academy. that are impacting the navigation • 2,000 individuals in the comparison channel. The Mobile District will ACTION: Notice of Open Meeting. groups (1,500 individuals who inquired evaluate dredging and disposal area about AmeriCorps through the CNS SUMMARY: In accordance with Section needs, develop and evaluate alternatives inquiry line for the State/National 10(a)(2) of the Federal Advisory for long-term operation and comparison group; 500 individuals from Committee Act (P.L. 92–463), maintenance dredging on the BWT the NCCC program’s wait list for the announcement is made of the following Waterway and recommend an NCCC comparison group). meeting: environmentally and economically sound plan. • 113 AmeriCorps program Name of Committee: Board of FOR FURTHER INFORMATION CONTACT: administrators. Visitors, United States Military Academy. Questions about the SEIS can be Frequency: Date of Meeting: 8 May 2000. answered by: Mr. Steve Hrabovsky; Inland Environment Section; U.S. Army • Place of Meeting: Superintendent’s AmeriCorps members at post- Conference Room, Taylor Hall, United Engineer District-Mobile; Post Office program (eight months after baseline). States Military Academy, West Point, Box 2288; Mobile, Alabama 36628– • Comparison group individuals eight New York. 0001; Telephone (334) 690–2872; Fax months after baseline. Start Time of Meeting: Approximately (334) 694–3815. Mr. Hrabovsky can also • Program characteristics from 2:00 pm. be reached by e-mail (steven.l.hrabovsky@sam. AmeriCorps administrators. FOR FURTHER INFORMATION CONTACT: For usace.army.mil). • AmeriCorps member and further information, contract Lieutenant SUPPLEMENTARY INFORMATION: comparison group follow-up at three Colonel Lawrence J. Verbiest, United The Black years after baseline (approximately two States Military Academy, West Point, Warrior and Tombigbee Rivers Project years after the post-program survey). NY 10996–5000, (914) 938–4200. was authorized by Congress in various SUPPLEMENTARY INFORMATION: River and Harbor Acts from 1884–1986 Average Time Per Response: Proposed Agenda: Review of the for the primary purpose of navigation. Academic, Military and Physical Construction of the project was • The Post-program survey of Programs, Intercollegiate Sports completed to existing channel members will require an average of 45 Programs and Admissions at USMA. All dimensions in 1938. Other project minutes per respondent. proceedings are open. purposes include hydroelectric power, • The initial follow-up survey of public recreation, regulation of stream individuals in the comparison groups Gregory D. Showalter, flow, water quality, fish and wildlife will take an average of 30 minutes per Army Federal Register Liaison Officer. conservation and fish and wildlife respondent. [FR Doc. 00–7391 Filed 3–24–00; 8:45 am] mitigation. O&M dredging activities on • The survey of AmeriCorps program BILLING CODE 3710±08±M the BWT Waterway have been discussed administrators will take an average of 30 in two environmental impact statements minutes per program. (EISs) prepared by the Corps: (1) Final DEPARTMENT OF DEFENSE EIS Black Warrior and Tombigbee • Follow-up surveys of AmeriCorps Rivers (Maintenance), Alabama, filed members and individuals in the Department of the Army Corps of with the Council on Environmental comparison group at three years after Engineers Quality on April 16, 1976; and (2) Final baseline will take an average of 30 Supplement to the Final EIS Black Intent To Prepare a Supplemental minutes per respondent. Warrior and Tombigbee Rivers, Alabama Environmental Impact Statement (Maintenance), filed with the Council Estimated Total Burden Hours: 5,182 (SEIS) for Modifications to Operation on Environmental Quality on April 13, hours. and Maintenance Dredging Activities 1987. However, the dynamics of the Total Burden Cost (capital/startup): on the Black Warrior and Tombigbee river system have forced more changes None. Rivers, Alabama to meet current O&M needs. The Mobile Total Burden Cost (operating/ AGENCY: U.S. Army Corps of Engineers, District has identified additional within- maintenance): None. DoD. bank disposal areas that are required Comments submitted in response to ACTION: Notice of intent. due to changing sedimentation patterns; this notice will be summarized and/or additional upland disposal areas included in the request for Office of SUMMARY: The Mobile District, U.S. required to supplement existing upland Management and Budget approval of the Army Corps of Engineers intends to sites or establish disposal area capacity information collection request; they also prepare a SEIS. Operation and in other portions of the BWT Waterway; will become a matter of public record. maintenance (O&M) dredging needs on and changes to the list of small boat Dated: March 21, 2000. the Black Warrior and Tombigbee Rivers access channels to potentially be (BWT Waterway) have been dynamic dredged. These changes to the small Thomasenia P. Duncan, over time as has sediment transport. boat access channel list consist General Counsel. Removal of sediment deposited in the primarily of corrections/updates in [FR Doc. 00–7393 Filed 3–24–00; 8:45 am] navigation channel has resulted in the name and river mile number, as well as, BILLING CODE 6050±28±U need for additional within-bank and dredging quantities and frequency. In
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(both residential and nonresidential) in run to high ground in the vicinity of requests as required by the Paperwork Marlinton stand within the 100-year Burns Motor Freight. The Riverside Reduction Act of 1995. floodplain. Potential annual damages for levee would be required because the DATES: Interested persons are invited to this reach are estimated to be $1.8 Marlinton protection would increase submit comments on or before May 26, million (1997 dollars). Located near the flood heights in the Riverside area. 2000. headwaters of the Greenbrier, warning e. Alternative 2—An earth levee/ SUPPLEMENTARY INFORMATION: times for floods in Marlinton are short, concrete floodwall combination and a Section yet flood flows can be significant diversion of Knapp Creek to protect 3506 of the Paperwork Reduction Act of because of the large drainage area. Marlinton, and an earth levee to protect 1995 (44 U.S.C. Chapter 35) requires b. The largest known floods in the Riverside. The Marlinton levee would that the Office of Management and basin occurred in 1812, 1877, 1985, and be the same as in Alternative 1 along the Budget (OMB) provide interested 1996. At least eleven other major, but Greenbrier River to Knapp Creek. From Federal agencies and the public an early less severe, floods occurred in the 20th that point along Knapp Creek, the levee opportunity to comment on information centruy. In November 1985, the flood of would then cross Knapp Creek and run collection requests. OMB may amend or record for the upper portion of the basin 800 feet to high ground. Three, gated waive the requirement for public occurred, resulting in five deaths. This culverts would run through this consultation to the extent that public event caused an estimated $97 million structure at Knapp Creek. A pump participation in the approval process (1997 dollars) in damages basin-wide, station would be mounted on the levee would defeat the purpose of the with approximately $20 million (1997 in close proximity. When the level of information collection, violate State or dollars) occurring in Marlinton alone. the Greenbrier River reaches a set point, Federal law, or substantially interfere The most recent major flood occurred in the culvert gates would close and with any agency’s ability to perform its January 1996 and was approximately 1.5 pumping of Knapp Creek to the statutory obligations. The Leader, feet lower than the 1985 event in Greenbrier River would occur. A 2,200- Information Management Group, Office Marlinton, but still caused widespread foot long diversion channel would be of the Chief Information Officer, destruction. cut through Buckley Mountain, from a publishes that notice containing c. Section 579 of the 1996 Water point approximately 1 mile upstream of proposed information collection Resources Development Act specifically the mouth of Knapp Creek to a point on requests prior to submission of these authorized the Corps to again consider the Greenbrier River 2000 feet requests to OMB. Each proposed local protection plans that would downstream of their confluence. This information collection, grouped by include such measures as floodwalls, channel diversion would carry Knapp office, contains the following: (1) Type levees, channelization and small Creek flood flows away from Marlinton. of review requested, e.g. new, revision, tributary impoundments along with the In conjunction with the channel extension, existing or reinstatement; (2) nonstructural plans. The Greenbrier diversion, an 800-foot long, 25foot-high Title; (3) Summary of the collection; (4) Limited Feasibility Study, completed in concrete dam would be built across Description of the need for, and 1997 by the Huntington District Corps, Knapp Creek just downstream of the proposed use of, the information; (5) evaluated alternatives for three major channel diversion. Respondents and frequency of damage centers, including Marlinton. f. Alternative 3—Nonstructural plan collection; and (6) Reporting and/or The 1997 study reevaluated the for both Marlinton and Riverside. The Recordkeeping burden. OMB invites economic analysis of structural nonstructural plan for the Marlinton/ public comment. alternatives using more accurate Riverside area involves the raising in The Department of Education is property evaluation data. Three feasible place of 260 residential and 5 especially interested in public comment alternatives emerged from the 1997 addressing the following issues: (1) is study for local flood protection at nonresidential structures and the acquisition of 10 residential structures this collection necessary to the proper Marlinton. These are: functions of the Department; (2) will d. Alternative 1—An earthen levee/ and 145 nonresidential structures. g. These alternatives, along with the this information be processed and used concrete floodwall combination to in a timely manner; (3) is the estimate protect Marlinton, and an earthen levee no-action will be the alternatives the Corps initially proposes to evaluate in of burden accurate; (4) how might the to protect Riverside. The Marlinton Department enhance the quality, utility, levee will begin at high ground 200 feet the EIS. As necessary, any reasonable alternatives that may become apparent and clarity of the information to be north, or at the end of First Avenue, and collected; and (5) how might the run 6,000 feet along the Greenbrier as the evaluation proceeds will be addressed. Department minimize the burden of this River to Knapp Creek, and then 2,900 collection on the respondents, including feet up Knapp Creek to the vicinity of Gregory D. Showalter, through the use of information the water plant. From this point, a Army Federal Register Liaison Officer. technology. 1,000-foot long floodwall would [FR Doc. 00–7390 Filed 3–24–00; 8:45 am] continue to the protection along Knapp Dated: March 22, 2000. Creek. A 600-foot levee would run from BILLING CODE 3710±GM±U William Burrow, the end of the floodwall to high ground Leader, Information Management Group, in the vicinity of Wilson’s field. Marlin Office of the Chief Information Officer. Run, which flows into Knapp Creek and DEPARTMENT OF EDUCATION Office of Postsecondary Education which would be blocked by the proposed levee, would be re-routed to a Notice of Proposed Information Type of Review: Extension. point upstream of the end of the levee Collection Requests Title: Final Performance Report for to avoid the need for a pump station. the Business and International The 5,000-foot long Riverside levee AGENCY: Department of Education. Education Program. would begin at high ground in the SUMMARY: The Leader, Information Frequency: After the completion of vicinity of Campbelltown, and run along Management Group, Office of the Chief the project. Stoney Creek to the Greenbrier. Along Information Officer, invites comments Affected Public: Not-for-profit the Greenbrier River, the levee would on the proposed information collection institutions.
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Reporting and Recordkeeping Hour 1995 (44 U.S.C. Chapter 35) requires Requests for copies of the proposed Burden: Responses: 30; Burden Hours: that the Office of Management and information collection request may be 150. Budget (OMB) provide interested accessed from http://edicsweb.ed.gov, or Abstract: The data collected through Federal agencies and the public an early should be addressed to Vivian Reese, the final performance report will enable opportunity to comment on information Department of Education, 400 Maryland ED officials to determine the impact of collection requests. OMB may amend or Avenue, SW, Room 5624, Regional the Business and International waive the requirement for public Office Building 3, Washington, DC Education federal funds on its consultation to the extent that public 20202–4651. Requests may also be recipients. US/ED will sue the participation in the approval process electronically mailed to the internet information collected to meet would defeat the purpose of the address [email protected] or Government Performance and Results information collection, violate State or faxed to 202–708–9346. Please specify Act (GPRA) requirements and to provide Federal law, or substantially interfere the complete title of the information budget justification. with any agency’s ability to perform its collection when making your request. Requests for copies of the proposed statutory obligations. The Leader, Comments regarding burden and/or the information collection request may be Information Management Group, Office collection activity requirements should accessed from http://edicsweb.ed.gov, or of the Chief Information Officer, be directed to Kathy Axt at (202) 708– should be addressed to Vivian Reese, publishes that notice containing 9346 (fax). Individuals who use a Department of Education, 400 Maryland proposed information collection telecommunications device for the deaf Avenue, SW, Room 5624, Regional requests prior to submission of these (TDD) may call the Federal Information Office Building 3, Washington, D.C. requests to OMB. Each proposed Relay Service (FIRS) at 1–800–877– 20202–4651. Requests may also be information collection, grouped by 8339. electronically mailed to the internet office, contains the following: (1) Type [FR Doc. 00–7403 Filed 3–24–00; 8:45 am] address [email protected] or of review requested, e.g. new, revision, BILLING CODE 4000±01±P faxed to 202–708–9346. Please specify extension, existing or reinstatement; (2) the complete title of the information Title; (3) Summary of the collection; (4) collection when making your request. Description of the need for, and DEPARTMENT OF EDUCATION Comments regarding burden and/or proposed use of, the information; (5) the collection activity requirements Respondents and frequency of Submission for OMB Review; should be directed to Joseph Schubart at collection; and (6) Reporting and/or Comment Request (202) 708–9266 or via his internet Recordkeeping burden. OMB invites AGENCY: Department of Education. address [email protected]. public comment. Individuals who use a SUMMARY: The Leader, Information Dated: March 21, 2000. telecommunications device for the deaf Management Group, Office of the Chief (TDD) may call the Federal Information William Burrow, Information Officer invites comments Relay Service (FIRS) at 1–800–877– Leader, Information Management Group, on the submission for OMB review as 8339. Office of the Chief Information Officer. required by the Paperwork Reduction Act of 1995. [FR Doc. 00–7508 Filed 3–24–00; 8:45 am] Office of Elementary and Secondary Education DATES: Interested persons are invited to BILLING CODE 4000±01±U submit comments on or before April 26, Type of Review: New. 2000. Title: Arts in Education Competitive DEPARTMENT OF EDUCATION Grants Program. ADDRESSES: Written comments should Frequency: Annually. be addressed to the Office of Submission for OMB Review; Affected Public: Individuals or Information and Regulatory Affairs, Comment Request households; State, Local, or Tribal Attention: Danny Werfel, Desk Officer, Department of Education, Office of AGENCY: Department of Education. Gov’t, SEAs or LEAs. Reporting and Recordkeeping Hour Management and Budget, 725 17th SUMMARY: The Leader, Information Street, N.W., Room 10235, New Management Group, Office of the Chief Burden: Responses: 1. Executive Office Building, Washington, Information Officer invites comments DC 20503 or should be electronically on the submission for OMB review as Burden Hours: 3,200. Abstract: To provide assistance to mailed to the internet address required by the Paperwork Reduction [email protected]. Act of 1995. eligible schools to support programs for media literacy that will (1) Enable SUPPLEMENTARY INFORMATION: Section DATES: Interested persons are invited to students to critically interpret and 3506 of the Paperwork Reduction Act of submit comments on or before April 26, analyze the violent messages 1995 (44 U.S.C. Chapter 35) requires 2000. transmitted through the media and (2) that the Office of Management and ADDRESSES: Written comments should enable students to create their own Budget (OMB) provide interested be addressed to the Office of media-based arts project through the Federal agencies and the public an early Information and Regulatory Affairs, uses of film, video, hypermedia, website opportunity to comment on information Attention: Danny Werfel, Desk Officer, design and other contemporary collection requests. OMB may amend or Department of Education, Office of communications media. waive the requirement for public Management and Budget, 725 17th This information collection is being consultation to the extent that public Street, NW, Room 10235, New submitted under the Streamlined participation in the approval process Executive Office Building, Washington, Clearance Process for Discretionary would defeat the purpose of the DC 20503 or should be electronically Grant Information Collections (1890– information collection, violate State or mailed to the internet address 0001). Therefore, the 30-day public Federal law, or substantially interfere [email protected]. comment period notice will be the only with any agency’s ability to perform its SUPPLEMENTARY INFORMATION: Section public comment notice published for statutory obligations. The Leader, 3506 of the Paperwork Reduction Act of this information collection. Information Management Group, Office
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Disposition, Environmental aging facilities. Currently, the accepted DEPARTMENT OF ENERGY Management, Department of Energy, Implementation Plan for 94–1 is the 1000 Independence Avenue SW, December 1998 version, which has since Federal Energy Regulatory been revised to reflect these factors. As such, Washington, DC 20585. an analysis of funding requirements for the Commission Issued in Washington, DC, on March 21, accepted Implementation Plan would not 2000. provide a realistic or meaningful measure of [Docket No. RP99±496±005] Mark B. Whitaker, Jr., how our stabilization activities could be accelerated. In addition, budgetary shortfalls Departmental Representative to the Defense Southern Natural Gas Company; have not made implementation impracticable Notice of Proposed Changes in FERC Nuclear Facilities Safety Board. and thus do not provide a basis for so Gas Tariff The Secretary of Energy notifying the President and the Congress. Dr. Carolyn Huntoon, Assistant Secretary Washington, DC 20585 for Environmental Management, is March 21, 2000. March 13, 2000. accountable to me for effective Take notice that on March 17, 2000, The Honorable John T. Conway, implementation of this recommendation. Mr. Southern Natural Gas Company David Huizenga, Deputy Assistant Secretary Chairman, Defense Nuclear Facilities Safety (Southern) tendered for filing to become Board, 625 Indiana Avenue, NW, Suite for Integration and Disposition in 700, Washington, D.C. 20004. Environmental Management, is the part of its FERC Gas Tariff, Seventh responsible manager for the preparation of Revised Volume No. 1, the revised tariff Dear Mr. Chairman: This letter the Implementation Plan. He will work with acknowledges receipt of your sheets in Appendix A to the filing, with you, other board members, and your staff to an effective date of March 1, 2000. Recommendation 2000–1, ‘‘Stabilization and develop an acceptable Implementation Plan Storage of Nuclear Materials,’’ issued on meeting our mutual expectations. He can be Southern hereby files to place into January 14, 2000, concerning continued reached at (202) 586–5151. efforts to stabilize and safely store the effect as of March 1, 2000 an interim materials identified in your previous Yours sincerely, rate reduction as reflected on the tariff Recommendation 94–1. I share the Board’s Bill Richardson. sheets listed on Appendix A. The concerns that the nuclear materials [FR Doc. 00–7499 Filed 3–24–00; 8:45 am] interim rates set forth on such sheets are remaining to be stabilized throughout the BILLING CODE 6450±01±P proposed to go into effect for customers DOE complex pose significant risks, and I agree it is a priority to improve the consenting to the offer of settlement filed by Southern on March 10, 2000 in Department’s performance reducing these DEPARTMENT OF ENERGY risks. Docket Nos. RP99–495–004 et al. The The Department has made progress in the Federal Energy Regulatory interim rates will remain in effect last six years. Most of the very immediate Commission pending final Commission action on the concerns prompting Recommendation 94–1 settlement in this proceeding. have been mitigated. Stabilization activities [Docket Nos. ER00±188±000; ER00±213±000 are continuing. The Department has updated and EL00±22±000] Southern states that copies of the its safety analyses and implemented needed revised tariff sheets are being filed to compensatory measures to ensure interim PSI Energy, Inc.; Cincinnati Gas & Southern’s jurisdictional customers and safe storage of nuclear materials. We Electric Company; Notice of Informal recognize, however, that we must remain interested state commissions and to focussed until the task is complete. Settlement Conference parties on the official service list We are working aggressively to complete March 21, 2000. complied by the Secretary in this the resource-loaded baselines for the Take notice that an informal proceeding. Savannah River Site and the Los Alamos National Laboratory to finish the stabilization settlement conference will convened in Any person desiring to protest said work begun under 94–1. By the end of April, this proceeding on March 29, 2000, at filing should file a protest with the we plan to provide you with an 10:00 am (in a Room to be posted on the Federal Energy Regulatory Commission, implementation plan for completing the Commission’s Posting Screen), and on 888 First Street, NE., Washington, DC remaining 94–1 activities and satisfying the March 30, 2000, at 10:00 am in Room 20426, in accordance with Section risk-reduction requirements of 3M–3, at the offices of the Federal Recommendation 2000–1. It is our intention 385.211 of the Commission’s Rules and that this combined plan will serve as the Energy Regulatory Commission, 888 Regulations. All such protests must be Department’s 2000–1 Implementation Plan First Street, NE., Washington, DC 20426, filed on or before March 27, 2000. and enable the closure of Recommendation for the purpose of exploring the possible Protests will be considered by the 94–1. Morever, as we proceed with settlement of the above referenced Commission in determining the implementing Recommendation 2000–1, we docket. will continually examine options and related Any party, as defined by 18 CFR appropriate action to be taken, but will resource requirements that may allow 385.102(c), or any participant as defined not serve to make protestants parties to schedule acceleration. in 18 CFR 385.102(b), is invited to the proceedings. Copies of this filing are Accordingly, the Department accepts sub- attend. Persons wishing to become a on file with the Commission and are recommendations 1 through 9 of available for public inspection in the Recommendation 2000–1, which deal party must move to intervene and specifically with the technical aspects of our receive intervenor status pursuant to the Public Reference Room. This filing may stabilization plans. We do not accept sub- Commission’s regulations (18 CFR be viewed on the web at http:// recommendations 10 and 11. While we agree 385.214). www.ferc.fed.us/online/rims.htm (call that the funding requirements of our work For additional information, contact 202–208–2222 for assistance). need to be addressed, funding is not the only Joel Cockrell at (202) 208–1184 or Anja factor affecting the implementation of M. Clark at (202) 208–2034. David P. Boergers, stabilization activities. Our rate of progress to Secretary. date has also been affected by such factors as David P. Boergers, lack of adequate contractor baselines to guide [FR Doc. 00–7396 Filed 3–24–00; 8:45 am] Secretary. work, technology maturity, facility and BILLING CODE 6717±01±M operational readiness, and unanticipated [FR Doc. 00–7397 Filed 3–24–00; 8:45 am] difficulties in maintaining and operating BILLING CODE 6717±01±M
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DEPARTMENT OF ENERGY PLACE: Room 2C, 888 First Street, N.E., SUPPLEMENTARY INFORMATION: Washington, D.C. 20426. Background Federal Energy Regulatory STATUS: Closed. Commission MATTERS TO BE CONSIDERED: Docket No. Today’s notice is simply an IN00–1–000, Kinder Morgan Interstate announcement of a finding that we have [Docket No. ER00±771±001] Gas Transmission LLC, et al. already made. EPA Region 2 sent a letter CONTACT PERSON FOR MORE INFORMATION to the New York State Department of Tucson Electric Power Company; : Notice of Filing David P. Boergers, Secretary, Telephone Environmental Conservation on March (202) 208–0400. 17, 2000 stating that the motor vehicle March 21, 2000. emissions budgets for 2000, 2007 and David P. Boergers, 2012 in the submitted carbon monoxide Take notice that on March 9, 2000, Secretary. Tucson Electric Power Company maintenance plan for the New York [FR Doc. 00–7645 Filed 3–23–00; 3:56 pm] (Tucson) tendered for filing revised State portion of the New York-New tariff sheets in compliance with the BILLING CODE 6717±01±M Jersey-Connecticut carbon monoxide Commission’s Order of February 8, 2000 nonattainment area are adequate. This in this proceeding. In that order, the finding will also be announced on ENVIRONMENTAL PROTECTION Commission required that Tucson EPA’s conformity website: http:// AGENCY modify the methodology for computing www.epa.gov/oms/traq (once there, load ratios under its Open Access [FRL±6565±3] click on the ‘‘Conformity’’ button, then Transmission Tariff (OATT) to conform look for ‘‘Adequacy Review of SIP to the pro forma tariff. Adequacy Status of the New York State Submissions for Conformity’’). Any person desiring to be heard or to Portion of the New York-New Jersey- protest such filing should file a motion Connecticut Carbon Monoxide Transportation conformity is required to intervene or protest with the Federal Maintenance Plan for Transportation by section 176(c) of the Clean Air Act. Energy Regulatory Commission, 888 Conformity Purposes EPA’s conformity rule requires that First Street, NE., Washington, DC 20426, transportation plans, programs, and AGENCY: Environmental Protection in accordance with Rules 211 and 214 projects conform to State air quality Agency (EPA). of the Commission’s Rules of Practice implementation plans (SIPs) and and Procedure (18 CFR 385.211 and ACTION: Notice of adequacy. establishes the criteria and procedures for determining whether or not they do. 385.214). All such motions and protests SUMMARY: In this notice, EPA is should be filed on or before March 31, notifying the public that we have found Conformity to a SIP means that 2000. Protests will be considered by the that the motor vehicle emissions transportation activities will not Commission to determine the budgets contained in the November 23, produce new air quality violations, appropriate action to be taken, but will 1999 carbon monoxide maintenance worsen existing violations, or delay not serve to make protestants parties to plan for the New York State portion of timely attainment of the national the proceedings. Any person wishing to the New York-New Jersey-Connecticut ambient air quality standards. become a party must file a motion to carbon monoxide nonattainment area The criteria by which we determine intervene. Copies of this filing are on are adequate for conformity purposes. whether a SIP’s motor vehicle emission file with the Commission and are On March 2, 1999, the D.C. Circuit budgets are adequate for conformity available for public inspection. This Court ruled that submitted State purposes are outlined in 40 CFR filing may also be viewed on the implementation plans (SIPs) cannot be Internet at http://www.ferc.fed.us/ 93.118(e)(4). Please note that an used for conformity determinations adequacy review is separate from EPA’s online/rims.htm (call 202–208–2222 for until EPA has affirmatively found them assistance). completeness review, and it also should adequate. As a result of our finding, the not be used to prejudge EPA’s ultimate Linwood A. Watson, Jr., New York State portion of the New approval of the SIP. Even if we find a Acting Secretary. York-New Jersey-Connecticut carbon budget adequate, the SIP could later be monoxide nonattainment area must use [FR Doc. 00–7395 Filed 3–24–00; 8:45 am] disapproved. the motor vehicle emissions budgets BILLING CODE 6717±01±M from the submitted carbon monoxide We have described our process for maintenance plan for future conformity determining the adequacy of submitted DEPARTMENT OF ENERGY determinations. This finding is effective SIP budgets in guidance (May 14, 1999 April 11, 2000. memo titled ‘‘Conformity Guidance on Federal Energy Regulatory FOR FURTHER INFORMATION CONTACT: Implementation of March 2, 1999 Commission Rudolph K. Kapichak, Mobile Source Conformity Court Decision’’). We Team Leader, Air Programs Branch, followed this guidance in making our Notice of Meeting Environmental Protection Agency, 290 adequacy determination. March 22, 2000. Broadway, 25th Floor, New York, New Authority: 42 U.S.C. 7401–7671q. York 10007–1866, (212) 637–3804, e- The following notice of meeting is mail address: Dated: March 17, 2000. published pursuant to Section 3(a) of [email protected]. William Muszynski, the Government in the Sunshine Act The finding and the response to (Pub. L. No. 94–409), 5 U.S.C. 552b: Acting Regional Administrator, Region 2. comments will be available at EPA’s [FR Doc. 00–7453 Filed 3–24–00; 8:45 am] AGENCY HOLDING MEETING: Federal conformity website: http:// BILLING CODE 6560±50±U Energy Regulatory Commission. www.epa.gov/oms/traq (once there, DATE AND TIME: March 29, 2000 click on the ‘‘Conformity’’ button, then (Following Regular Commission look for ‘‘Adequacy Review of SIP Meeting). Submissions for Conformity’’).
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ENVIRONMENTAL PROTECTION Advisory Committee Act,’’ notice is public participation period during AGENCY hereby given that two conference calls which the public is encouraged to of the Small Systems Implementation submit risk management ideas or [FRL±6565±2] Working Group of the National Drinking proposals. These actions are in response Gulf of Mexico Program Citizens Water Advisory Council established to a joint initiative between EPA and the Advisory Committee Meeting under the Safe Drinking Water Act, as Department of Agriculture (USDA) to amended (42 U.S.C. S300f et seq.), will increase transparency in the tolerance AGENCY: Environmental Protection be held on April 10, 2000, from 1:00 reassessment process for Agency (USEPA). p.m. to 3:00 p.m. EDT, and April 20, organophosphate pesticides. ACTION: Notice of meeting. 2000 from 1:00 pm to 3:00 pm EDT. The DATES: Comments, identified by docket calls will be held at the U.S. control numbers OPP–34186A for SUMMARY: Under the Federal Advisory Environmental Protection Agency, 401 phostebupirim and OPP–34175B for Act, P.L. 92463, EPA gives notice of a M Street S.W., Room 1209 East Tower, tetrachlorvinphos, must be received by meeting of the Gulf of Mexico Program Washington, D.C. Both meetings are EPA on or before May 26, 2000. (GMP) Citizens Advisory Committee open to the public to observe, but ADDRESSES: Comments may be (CAC) in conjunction with the Gulf of seating will be limited. submitted by mail, electronically, or in Mexico Symposium. The purpose of the first meeting is to person. Please follow the detailed DATES: The CAC meeting will be held on review the draft report outlining the instructions for each method as Monday, April 10, 2000 from 12:00 p.m. working group’s final recommendations provided in Unit III. of the to 1:00 p.m. and on Tuesday, April 11, to the National Drinking Water Advisory SUPPLEMENTARY INFORMATION. To ensure 2000 from 8:00 a.m. to11:00 a.m. and Council. These recommendations are proper receipt by EPA, it is imperative 1:30 p.m. to 4:30 p.m. and on based on a series of analyses and that you identify docket control Wednesday, April 12, 2000 from 1:00 deliberations on seven issue areas numbers OPP–34186A for p.m. to 3:00 p.m. including water-system capacity phostebupirim and OPP–34175B for ADDRESSES: The meeting will be held at development, public awareness and tetrachlorvinphos in the subject line on the Mobile Convention Center, 1 South education, water-system governance, the first page of your response. Water Street, Mobile, AL, (334) 415– water-system organization, water service FOR FURTHER INFORMATION CONTACT: 2100. costs and affordability, unsustainable Karen Angulo, Special Review and water systems, and water-policy Reregistration Division (7508C), Office FOR FURTHER INFORMATION CONTACT: institutions. The second meeting will be Gloria D. Car, Designated Federal of Pesticide Programs, Environmental used to reach a final consensus of any Protection Agency, Ariel Rios Bldg., Officer, Gulf of Mexico Program Office, revisions made as a result of discussions 1200 Pennsylvania Ave., NW., Building 1103, Room 202, Stennis Space from the first conference call. Washington, DC 20460; telephone Center, MS 39529–6000 at (228) 688– For more information, please contact number: (703) 308–8004; e-mail address: 2421. Peter E. Shanaghan, Designated Federal [email protected]. SUPPLEMENTARY INFORMATION: Proposed Officer, Small Systems Implementation SUPPLEMENTARY INFORMATION: agenda items will include: Coordination Working Group, U.S. EPA, Office of of Gulf of Mexico Symposium activities, Ground Water and Drinking Water I. Does This Action Apply to Me? Participation in Gulf of Mexico (4606), 401 M Street, S.W., Washington, This action is directed to the public Symposium community action sessions, D.C. 20460. The telephone number is in general, nevertheless, a wide range of Progress of place-based work within 202–260–5813 and the email address is stakeholders will be interested in Gulf States’ watersheds, status of CAC [email protected]. obtaining the revised risk assessments membership appointments, review and Dated: March 21, 2000. and submitting risk management update on Measures of Success and CAC comments on phostebupirim and Charlene E. Shaw, activities, and Symposium reports. tetrachlorvinphos, including The meeting is open to the public. Designated Federal Officer, National Drinking environmental, human health, and Water Advisory Council. agricultural advocates; the chemical Dated: March 20, 2000. [FR Doc. 00–7451 Filed 3–24–00; 8:45 am] James D. Giattina, industry; pesticide users; and members BILLING CODE 6560±50±P of the public interested in the use of Director, Gulf of Mexico Program Office. pesticides on food. As such, the Agency [FR Doc. 00–7452 Filed 3–24–00; 8:45 am] has not attempted to specifically ENVIRONMENTAL PROTECTION BILLING CODE 6560±50±P describe all the entities potentially AGENCY affected by this action. If you have any [OPP±34220; FRL±6551±4] questions regarding the applicability of ENVIRONMENTAL PROTECTION this action to a particular entity, consult AGENCY Organophosphate Pesticides; the person listed under FOR FURTHER [FRL±6564±9] Availability of Revised Risk INFORMATION CONTACT. Assessments National Drinking Water Advisory II. How Can I Get Additional Council; Small Systems AGENCY: Environmental Protection Information, Including Copies of This Implementation Working Group; Notice Agency (EPA). Document or Other Related Documents? ACTION: of Conference Call Notice. A. Electronically AGENCY: Environmental Protection SUMMARY: This notices announces the You may obtain electronic copies of Agency (EPA). availability of the revised risk this document and other related ACTION: Notice. assessments and related documents for documents from the EPA Internet Home two organophosphate pesticides, Page at http://www.epa.gov/. To access SUMMARY: Under Section 10(a)(2) of phostebupirim and tetrachlorvinphos. this document, on the Home Page select Public Law 92–423, ‘‘The Federal In addition, this notice starts a 60-day ‘‘Laws and Regulations’’ and then look
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Regulatory Action Leader Mailing address/telephone number E-mail address
Cynthia Giles-Parker Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania [email protected] (PM±22) Ave., NW., Washington, DC 20460 (703) 305±7740 Mary L. Waller (PM±21) Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania [email protected] Ave., NW., Washington, DC 20460 (703) 308±9354
SUPPLEMENTARY INFORMATION: regarding the applicability of this action includes the documents that are to a particular entity, consult the person physically located in the docket, as well I. General Information listed under ‘‘FOR FURTHER as the documents that are referenced in A. Does this Action Apply to Me? INFORMATION CONTACT.’’ those documents. The public version of the official record does not include any B. How Can I Get Additional You may be affected by this action if information claimed as CBI. The public Information, Including Copies of this you are an agricultural producer, food version of the official record, which Document and Other Related manufacturer, or pesticide includes printed, paper versions of any Documents? manufacturer. Potentially affected electronic comments submitted during categories and entities may include, but 1. Electronically. You may obtain an applicable comment period, is are not limited to: electronic copies of this document, and available for inspection in the Public certain other related documents that Information and Records Integrity might be available electronically, from Branch (PIRIB), Rm. 119, Crystal Mall the EPA Internet Home Page at http:// #2, 1921 Jefferson Davis Hwy., Cat- NAICS Examples of poten- egories codes tially affected entities www.epa.gov/. To access this Arlington, VA, from 8:30 a.m. to 4 p.m., document, on the Home Page select Monday through Friday, excluding legal Industry 111 Crop production ‘‘Laws and Regulations’’ and then look holidays. The PIRIB telephone number 112 Animal production up the entry for this document under is (703) 305–5805. 311 Food manufacturing the ‘‘Federal Register—Environmental 32532 Pesticide manufac- Documents.’’ You can also go directly to C. How and to Whom Do I Submit turing the Federal Register listings at http:// Comments? www.epa.gov/fedrgstr/. You may submit comments through This listing is not intended to be 2. In person. The Agency has the mail, in person, or electronically. To exhaustive, but rather provides a guide established an official record for this ensure proper receipt by EPA, it is for readers regarding entities likely to be action under docket control number imperative that you identify docket affected by this action. Other types of OPP–30492. The official record consists control number OPP–30492 in the entities not listed in the table could also of the documents specifically referenced subject line on the first page of your be affected. The North American in this action, any public comments response. Industrial Classification System received during an applicable comment 1. By mail. Submit your comments to: (NAICS) codes have been provided to period, and other information related to Public Information and Records assist you and others in determining this action, including any information Integrity Branch (PIRIB), Information whether or not this action might apply claimed as confidential business Resources and Services Division to certain entities. If you have questions information (CBI). This official record (7502C), Office of Pesticide Programs
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(OPP), Environmental Protection 3. Provide copies of any technical ingredient: propyl[3- Agency, Ariel Rios Bldg., 1200 information and/or data you used that (dimethylamino)propyl]carbamate Pennsylvania Ave., NW., Washington, support your views. monohydrochloride 66.5%. Proposed DC 20460. 4. If you estimate potential burden or classification/Use: To include in its 2. In person or by courier. Deliver costs, explain how you arrived at the presently registered use on turf and your comments to: Public Information estimate that you provide. ornamentals, new use on potato for the and Records Integrity Branch (PIRIB), 5. Provide specific examples to control of late blight. (PM–21) Information Resources and Services illustrate your concerns. Division (7502C), Office of Pesticide 6. Offer alternative ways to improve List of Subjects Programs (OPP), Environmental the registration activity. Environmental protection, Pesticides Protection Agency, Rm. 119, Crystal 7. Make sure to submit your and pest. comments by the deadline in this Mall #2, 1921 Jefferson Davis Highway, Dated: March 13, 2000. Arlington, VA. The PIRIB is open from notice. James Jones, 8:30 a.m. to 4 p.m., Monday through 8. To ensure proper receipt by EPA, Friday, excluding legal holidays. The be sure to identify the docket control Director, Registration Division, Office of Pesticide Programs. PIRIB telephone number is (703) 305– number assigned to this action in the 5805. subject line on the first page of your [FR Doc. 00–7417 Filed 3–24–00; 8:45 am] 3. Electronically. You may submit response. You may also provide the BILLING CODE 6560±50±F your comments electronically by e-mail name, date, and Federal Register to: ‘‘[email protected],’’ or you can citation. ENVIRONMENTAL PROTECTION submit a computer disk as described II. Registration Applications AGENCY above. Do not submit any information electronically that you consider to be EPA received applications as follows [FRL±6564±7] CBI. Avoid the use of special characters to register pesticide products containing and any form of encryption. Electronic active ingredients not included in any Methods for Measuring the Toxicity submissions will be accepted in previously registered products, and and Bioaccumulation of Sediment- WordPerfect 6.1/8.0 or ASCII file pesticide products involving a changed Associated Contaminants With format. All comments in electronic form use pattern pursuant to the provision of Freshwater InvertebratesÐSecond must be identified by docket control section 3(c)(4) of FIFRA. Notice of Edition number OPP–30492. Electronic receipt of these applications does not AGENCY: Environmental Protection comments may also be filed online at imply a decision by the Agency on the Agency (EPA). many Federal Depository Libraries. applications. ACTION: Notice of availability of methods D. How Should I Handle CBI that I Want A. Products Containing Active for measuring the toxicity and to Submit to the Agency? Ingredients Not Included in any bioaccumulation of sediment-associated Previously Registered Products Do not submit any information contaminants with freshwater electronically that you consider to be File Symbol: 71512–R. Applicant: ISK invertebrates—second edition. CBI. You may claim information that Biosciences Corporation. Product Name: you submit to EPA in response to this Omega 500F. Fungicide. Active SUMMARY: The Environmental Protection document as CBI by marking any part or Ingredient: Fluazinam, 3-chloro-N-3- Agency (EPA) is publishing procedures all of that information as CBI. chloro-2,6-dinitro-4- for testing freshwater organisms in the Information so marked will not be (trifluoromethyl)phenyl-5- laboratory to evaluate the potential disclosed except in accordance with (trifluoromethyl)-2-pyridinamine. toxicity or bioaccumulation of procedures set forth in 40 CFR part 2. Proposed classification/Use: none. For chemicals in whole sediments. This In addition to one complete version of sclerotinia blight, southern blight and second edition updates methods the comment that includes any limb and pod rot on peanuts. For late originally published in 1994 (EPA/600/ information claimed as CBI, a copy of blight and white mold on potatoes. (PM 6–94/024). The second edition of the the comment that does not contain the 22) manual includes new methods for information claimed as CBI must be evaluating sublethal effects of sediment- B. Products Involving a Changed Use associated contaminants utilizing long- submitted for inclusion in the public Pattern version of the official record. term sediment exposures. Procedures Information not marked confidential 1. EPA File Symbol 264–ATA. are described for testing the freshwater will be included in the public version Applicant: Aventis CropScience USA organisms in the laboratory to evaluate of the official record without prior LP, 2 T.W. Alexander Drive, Research the potential toxicity or notice. If you have any questions about Triangle Park, NC 27709. Product name: bioaccumulation of chemicals in whole CBI or the procedures for claiming CBI, Tatoo C Fungicide. Fungicide. Active sediments. Sediments may be collected please consult the person identified ingredient: propyl[3-(dimethyl from the field or spiked with under ‘‘FOR FURTHER INFORMATION amino)propyl]carbamate compounds in the laboratory. Toxicity CONTACT.’’ monohydrochloride 30.5% and methods are outlined for two (2) tetrachloroisophthalonitrile 30.5%. organisms, the amphipod Hyalella E. What Should I Consider as I Prepare Proposed classification/Use: To include azteca, and the midge Chironomus My Comments for EPA? in its presently registered use on turf tentans. Toxicity tests with amphipods You may find the following and ornamentals, new use on potato for or midges are conducted for 10 days in suggestions helpful for preparing your the control of late blight. (PM–21) 300-mL chambers containing 100 mL of comments: 2. EPA File Symbol 264–ATI. sediment and 175 mL of overlying 1. Explain your views as clearly as Applicant: Aventis CropScience USA water. Overlying water is renewed daily possible. LP, 2 T.W. Alexander Drive, Research and test organisms are fed during the 2. Describe any assumptions that you Triangle Park, NC 27709. Product name: toxicity tests. The endpoints in the 10 used. Previcur Fungicide. Fungicide. Active day test with H. azteca and C. tentans
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Federal Communications Commission. Assistant Vice President) 90 Hennepin 1. Eastern Virginia Bankshares, Inc., Louis J. Sigalos, Avenue, Minneapolis, Minnesota Tappahannock, Virginia; to acquire 100 Deputy Chief, Auctions & Industry Analysis 55480–0291: percent of the voting shares of Hanover Division. 1. Gunter Family Limited Partnership, Bank (in organization), Mechanicsville, [FR Doc. 00–7424 Filed 3–24–00; 8:45 am] Sour Lake, Texas; to acquire voting Virginia. BILLING CODE 6712±01±P shares of Norkitt Bancorp, Inc., Hallock, B. Federal Reserve Bank of Minnesota, and thereby indirectly Minneapolis (JoAnne F. Lewellen, acquire voting shares of Northwestern Assistant Vice President) 90 Hennepin FEDERAL DEPOSIT INSURANCE State Bank of Hallock, Hallock, Avenue, Minneapolis, Minnesota CORPORATION Minnesota. 55480–0291: Board of Governors of the Federal Reserve 1. First Security Group, Inc., Deer Sunshine Act Meeting; Cancellation System, March 21, 2000. Lodge, Montana; to become a bank holding company by acquiring 89.4 Pursuant to the provisions of the Robert deV. Frierson, percent of the voting shares of First ‘‘Government in the Sunshine Act’’ (5 Associate Secretary of the Board. Security Bank of Deer Lodge, Deer U.S.C. 552b), notice is hereby given that Lodge, Montana. the previously announced closed [FR Doc. 00–7402 Filed 3–24–00; 8:45 am] meeting of the Board of Directors of the BILLING CODE 6210±01±P Board of Governors of the Federal Reserve System, March 21, 2000. Federal Deposit Insurance Corporation scheduled to be held at 2 pm on Friday, Robert deV. Frierson, March 24, 2000, has been Cancelled. FEDERAL RESERVE SYSTEM Associate Secretary of the Board. No earlier notice of this cancellation Formations of, Acquisitions by, and was practicable. [FR Doc. 00–7401 Filed 3–24–00; 8:45 am] Mergers of Bank Holding Companies BILLING CODE 6210±01±P Dated: March 22, 2000. Federal Deposit Insurance Corporation. The companies listed in this notice have applied to the Board for approval, Robert E. Feldman, pursuant to the Bank Holding Company FEDERAL RESERVE SYSTEM Executive Secretary. Act of 1956 (12 U.S.C. 1841 et seq.) [FR Doc. 00–7546 Filed 3–23–00; 10:13 am] Formations of, Acquisitions by, and (BHC Act), Regulation Y (12 CFR Part Mergers of Bank Holding Companies BILLING CODE 6714±01±M 225), and all other applicable statutes and regulations to become a bank The companies listed in this notice holding company and/or to acquire the have applied to the Board for approval, FEDERAL RESERVE SYSTEM assets or the ownership of, control of, or pursuant to the Bank Holding Company the power to vote shares of a bank or Act of 1956 (12 U.S.C. 1841 et seq.) Change in Bank Control Notices; bank holding company and all of the (BHC Act), Regulation Y (12 CFR Part Acquisitions of Shares of Banks or banks and nonbanking companies 225), and all other applicable statutes Bank Holding Companies owned by the bank holding company, and regulations to become a bank The notificants listed below have including the companies listed below. holding company and/or to acquire the applied under the Change in Bank The applications listed below, as well assets or the ownership of, control of, or Control Act (12 U.S.C. 1817(j)) and as other related filings required by the the power to vote shares of a bank or § 225.41 of the Board’s Regulation Y (12 Board, are available for immediate bank holding company and all of the CFR 225.41) to acquire a bank or bank inspection at the Federal Reserve Bank banks and nonbanking companies holding company. The factors that are indicated. The application also will be owned by the bank holding company, considered in acting on the notices are available for inspection at the offices of including the companies listed below. set forth in paragraph 7 of the Act (12 the Board of Governors. Interested The applications listed below, as well U.S.C. 1817(j)(7)). persons may express their views in as other related filings required by the The notices are available for writing on the standards enumerated in Board, are available for immediate immediate inspection at the Federal the BHC Act (12 U.S.C. 1842(c)). If the inspection at the Federal Reserve Bank Reserve Bank indicated. The notices proposal also involves the acquisition of indicated. The application also will be also will be available for inspection at a nonbanking company, the review also available for inspection at the offices of the offices of the Board of Governors. includes whether the acquisition of the the Board of Governors. Interested Interested persons may express their nonbanking company complies with the persons may express their views in views in writing to the Reserve Bank standards in section 4 of the BHC Act writing on the standards enumerated in indicated for that notice or to the offices (12 U.S.C. 1843). Unless otherwise the BHC Act (12 U.S.C. 1842(c)). If the of the Board of Governors. Comments noted, nonbanking activities will be proposal also involves the acquisition of must be received not later than April 10, conducted throughout the United States. a nonbanking company, the review also 2000. Additional information on all bank includes whether the acquisition of the A. Federal Reserve Bank of Chicago holding companies may be obtained nonbanking company complies with the (Phillip Jackson, Applications Officer) from the National Information Center standards in section 4 of the BHC Act 230 South LaSalle Street, Chicago, website at www.ffiec.gov/nic/. (12 U.S.C. 1843). Unless otherwise Illinois 60690–1414: Unless otherwise noted, comments noted, nonbanking activities will be 1. Theresa M. Ward, Peoria, Illinois; regarding each of these applications conducted throughout the United States. to acquire voting shares of Mid Illinois must be received at the Reserve Bank Additional information on all bank Bancorp, Inc., Peoria, Illinois, and indicated or the offices of the Board of holding companies may be obtained thereby indirectly acquire voting shares Governors not later than April 20, 2000. from the National Information Center of South Side Trust and Savings Bank A. Federal Reserve Bank of Richmond website at www.ffiec.gov/nic/. of Peoria, Peoria, Illinois. (A. Linwood Gill, III, Vice President) Unless otherwise noted, comments B. Federal Reserve Bank of 701 East Byrd Street, Richmond, regarding each of these applications Minneapolis (JoAnne F. Lewellen, Virginia 23261–4528: must be received at the Reserve Bank
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Avg. burden/ Type of burden Number of Number of Response Total burden respondents responses (in hrs.) (in hrs.)
Information only Calls ...... 800 1 5/60 66 Symptomatic ReportsÐtelephone interview ...... 80 1 25/60 33 Total ...... 99
2. Microbial Contamination of associated with many different foods, agricultural practices where Produce: A Field Study in the Lower including recent outbreaks linked to contamination with foodborne Rio Grande Valley, Texas—New— contaminated fresh fruits (e.g., pathogens is likely will be identified by National Center for Environmental cantaloupe, strawberries) and vegetables measuring the microbial quality of Health (NCEH). Foodborne diseases are (e.g., leaf lettuce, alfalfa sprouts). produce at each step during harvesting common; an estimated 6–33 million NCEH proposes to conduct a study to and processing (farm to shipping). cases occur each year in the United determine what specific farm and Sources of fecal contamination will be States. Although most of these produce processing practices are determined by measuring the microbial associated with fecal contamination of infections cause mild illness, severe quality of irrigation and process water, fruits and vegetables. Growing, handling infections and serious complications do measuring fecal indicator organisms on and processing methods used in the occur. The public health challenges of produce industry may increase the risk hand rinses from farm laborers and foodborne diseases are changing that these foods will become handlers, and conducting sanitary rapidly. In recent years, new and contaminated with fecal matter. The surveys of sources of human and animal emerging foodborne pathogens have study will describe the chain of farm to feces in and around the farms and been described and changes in food shipping practices for three vulnerable processing areas. CDC/NCEH is production have led to new food safety produce groups (leafy lettuces, leafy requesting a 3-year clearance. There is concerns. Foodborne diseases have been herbs, green onions). Critical no cost to respondents.
Avg. burden/ Respondents Number of re- Responses/ respondent Total burden spondents respondents (in hrs.) (in hrs.)
Farm Recruiting visit ...... 14 1 30/60 7 Packing Facility Recruiting visit ...... 9 1 30/60 4.5 Farm Manager interview (in person) ...... 12 2 30/60 12 Packing Facility Manager interview (in person) ...... 8 1 30/60 4 Hand rinse sample collection ...... 160 1 10/60 26.7 Total ...... 54.2
3. The National Health and Nutrition individuals receive a health interview in the relationship between diet, nutrition Examination Survey (NHANES)—(0920- their homes annually; of these, 5,000 and health in a representative sample of 0237)—Revision— The National Health persons complete a physical the United States civilian, and Nutrition Examination Survey examination. Participation in the survey noninstitutionalized population. (NHANES) has been conducted in is voluntary and confidential. NHANES monitors the prevalence of several cycles since 1970 by the NHANES programs produce chronic conditions and risk factors such National Center for Health Statistics descriptive statistics which measure the as coronary heart disease, arthritis, (NCHS). The current cycle of NHANES health and nutritional status of the U.S. osteoporosis, pulmonary and infectious began in February 1999. The survey will population. Through the use of diseases, diabetes, high blood pressure, now be conducted on a continuous, questionnaires, physical examinations, high cholesterol, obesity, smoking, drug rather than episodic, basis. About 6,700 and laboratory tests, NHANES studies and alcohol use, environmental
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Number of respondents Number of Avg. burden Total burden Burden category between 12/ responses/ re- per response (hours) 00±12/02 spondent (in hours)
1. Screening interview only ...... 40,000 1 10/60 6,680 2. Screeners and family interviews only ...... 2,000 1 26/60 868 3. Screeners, family, and SP interviews only ...... 3,000 1 1 6/60 3,303 4. Screener, household, and SP interviews and primary MEC exam only ..... 14,800 1 6 40/60 98,686 5. Screener, household, and SP interviews, primary MEC exam and full MEC replicate exam ...... 740 1 11 40/60 8,634 6. Screener, household, and SP interviews, MEC exam and dietary rep- licate interview only (5% + optional 15%) ...... 2,960 1 9 1/60 26,693 7. Home exam ...... 200 1 2 36/60 521 8. Telephone follow-up of elderlyÐoption ...... 3,500 1 15/60 875
Total ...... 146,260
Dated: March 20, 2000. At the request of the Commissioner of schedule of its upcoming public Charles Gollmar, Food and Drugs (the Commissioner), the advisory committee meetings in the Acting Associate Director for Policy, Institute of Medicine (the IOM) Federal Register. FDA has implemented Planning, and Evaluation, Centers for Disease conducted a study of the use of FDA’s this recommendation. A tentative Control and Prevention (CDC). advisory committees. The IOM schedule of forthcoming meetings will [FR Doc. 00–7412 Filed 3–24–00; 8:45 am] recommended that the agency publish be published annually in the Federal BILLING CODE 4163±18±P an annual tentative schedule of its Register. The annual publication of meetings in the Federal Register. In tentatively scheduled advisory response to that recommendation, FDA committee meetings will provide both DEPARTMENT OF HEALTH AND is publishing its annual tentative advisory committee members and the HUMAN SERVICES scheduled meetings for the remainder of public with the opportunity, in advance, 2000. to schedule attendance at FDA’s Food and Drug Administration FOR FURTHER INFORMATION CONTACT: upcoming advisory committee meetings. The schedule is tentative and Advisory Committees; Notice of Donna M. Combs, Committee amendments to this notice will not be Meetings Management Office (HFA–306), Food and Drug Administration, 5600 Fishers published in the Federal Register. FDA AGENCY: Food and Drug Administration, Lane, Rockville, MD 20857, 301–827– will, however, publish a Federal HHS. 4820. Register notice 15 days in advance of ACTION: Notice. each upcoming advisory committee SUPPLEMENTARY INFORMATION: The IOM, meeting, announcing the meeting (21 SUMMARY: The Food and Drug at the request of the Commissioner, CFR 14.20). Administration (FDA) is announcing a undertook a study of the use of FDA’s The following list announces FDA’s tentative schedule of forthcoming advisory committees. In its final report, tentatively scheduled advisory meetings of its public advisory the IOM recommended that FDA adopt committee meetings for the remainder of committees for the remainder of 2000. a policy of publishing an advance yearly 2000:
Committee Names Dates of Meetings
OFFICE OF THE COMMISSIONER Science Board to the Food and Drug Administration April 21 CENTER FOR BIOLOGICS EVALUATION AND RESEARCH Allergenic Products Advisory Committee October 24 Biological Response Modifiers Advisory Committee March 20±21, October 19±20 Blood Products Advisory Committee March 16±17, June 15±16, September 14±15, December 14±15 Transmissible Spongiform Encephalopathies Advisory Committee November 2±3 Vaccines and Related Biological Products Advisory Committee May 11±12, July 27±28, September 21±22, November 2±3 CENTER FOR DRUG EVALUATION AND RESEARCH Advisory Committee for Pharmaceutical Science April 26, May 15±16, November 2±3 Advisory Committee for Reproductive Health Drugs March 28±29, April 10, May 4±5 Anesthetic and Life Support Drugs Advisory Committee November 6±7
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Committee Names Dates of Meetings
Anti-Infective Drugs Advisory Committee March 24, September 11±12 Antiviral Drugs Advisory Committee July 20±21 Arthritis Advisory Committee April 11, June 8±9, September 11±12, November 9±10 Cardiovascular and Renal Drugs Advisory Committee May 1±2, July 20±21, October 19±20 Dermatologic and Ophthalmic Drugs Advisory Committee May 4±5 Drug Abuse Advisory Committee October 19±20 Endocrinologic and Metabolic Drugs Advisory Committee May 18±19, July 13±14, October 5±6, December 7±8 Gastrointestinal Drugs Advisory Committee April 12 Medical Imaging Drugs Advisory Committee May 22±23, October 30±31 Nonprescription Drugs Advisory Committee June 22±23, July 13±14, October 19±20, December 7±8 Oncologic Drugs Advisory Committee March 16±17, June 5±6 Peripheral and Central Nervous System Drugs Advisory Com- October 26 mittee Pharmacy Compounding Advisory Committee May 15±16 Psychopharmacologic Drugs Advisory Committee June 28±29, November 2±3 Pulmonary-Allergy Drugs Advisory Committee November 6±7 CENTER FOR FOOD SAFETY AND APPLIED NUTRITION Food Advisory Committee September 14±15 CENTER FOR DEVICES AND RADIOLOGICAL HEALTH Device Good Manufacturing Practice Advisory Committee No meetings planned Medical Devices Advisory Committee Anesthesiology and Respiratory Therapy Devices Panel May 25±26, September 7±8, November 2±3 Circulatory System Devices Panel May 2±3, September 25±26 Clinical Chemistry and Clinical Toxicology Devices Panel March 24, June 29±30, September 14±15, December 14±15 Dental Products Panel April 6±7, May 23±24, July 18±19, October 3±4 Ear, Nose, and Throat Devices Panel May 26, June 23, July 20±21, September 22 Gastroenterology-Urology Devices Panel April 13±14, August 31±September 1, November 30±December 1 General and Plastic Surgery Devices Panel June 12±13, September 11±12, December 4±5 General Hospital and Personal Use Devices Panel May 1±2, August 7±8, November 6±7 Hematology and Pathology Devices Panel June 12, August 8, November 7 Immunology Devices Panel June 16, September 15, December 8 Medical Devices Dispute Resolution Panel To be determined Microbiology Devices Panel June 21±22, November 16±17 Molecular and Clinical Genetics Panel June 23, September 15, December 15 Neurological Devices Panel March 31, May 11±12, August 17±18, November 16±17 Obstetrics-Gynecology Devices Panel April 10±11, July 24±25, October 9±10 Ophthalmic Devices Panel March 17, May 11±12, July 27±28, September 21±22, November 8±9 Orthopaedic and Rehabilitation Devices Panel March 18, May 4±5, August 24±25, November 16±17 Radiological Devices Panel May 15, August 14, November 6 National Mammography Quality Assurance Advisory Committee July 10, December 11 Technical Electronic Product Radiation Safety Standards Com- June 21±22 mittee CENTER FOR VETERINARY MEDICINE Veterinary Medicine Advisory Committee September 15 NATIONAL CENTER FOR TOXICOLOGICAL RESEARCH Advisory Committee on Special Studies Relating to the Possible No meetings planned Long-Term Health Effects of Phenoxy Herbicides and Con- taminants Science Board to the National Center for Toxicological Research May 1±2
Dated: March 17, 2000. DEPARTMENT OF HEALTH AND identified a factor that is produced by Linda A. Suydam, HUMAN SERVICES leukocytes when exposed to influenza Senior Associate Commissioner. virus which inhibits HIV replication. National Institutes of Health [FR Doc. 00–7429 Filed 3–24–00; 8:45 am] SUMMARY: The National Cancer Institute (NCI) seeks a Cooperative Research and BILLING CODE 4160±01±F National Cancer Institute: Opportunity Development Agreement (CRADA) for a Cooperative Research and Collaborator to aid NCI in the further Development Agreement (CRADA) for characterization and commercial the Research, Purification, and Further development of a factor(s) that inhibits Development of a Factor(s) That the replication of the Human Inhibits Human Immunodeficiency Immunodeficiency Virus (HIV). NCI Virus (HIV) Replication recently discovered that leukocytes AGENCY: National Institutes of Health, stimulated with infectious or PHS, DHHS. ultraviolet-inactivated influenza A virus ACTION: Notice. produce a factor(s) that inhibits the replication of both CCR5- and CXCR4- The National Cancer Institute’s tropic HIV–1 viral isolates. The factor(s) Experimental Immunology Branch has inhibits replication of the virus after
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4. The demonstration of adequate The National Cancer Institute’s Technology Transfer, National Institutes resources to perform the research and Laboratory of Human Carcinogenesis of Health, 6011 Executive Blvd., Suite development of this technology (e.g. (LHC) has created and characterized in 325, Rockville, MD 20852, (Tel. 301– facilities, personnel and expertise) and vitro and in vivo methods designed to 496–7056; FAX 301–402–0220). to accomplish objectives according to an screen for modulators of GADD45 SUPPLEMENTARY INFORMATION: A appropriate timetable to be outlined in polypeptide activity. Furthermore, LHC Cooperative Research and Development the CRADA Collaborator’s proposal. has developed methods for sensitizing Agreement (CRADA) is the anticipated 5. The willingness to commit best proliferating cells to DNA damaging joint agreement to be entered into with effort and demonstrated resources to the agents by inhibiting GADD45 NCI pursuant to the Federal Technology research and development of this polypeptide activity. Identification of Transfer Act of 1986 and Executive technology, as outlined in the CRADA novel inhibitors of GADD45 using LHC’s Order 12591 of April 10, 1987 as Collaborator’s proposal. screening assays would provide amended by the National Technology 6. The demonstration of expertise in potential new treatments for cancer. Transfer Advancement Act of 1995. NCI the commercial development and SUMMARY: The National Cancer Institute is looking for a CRADA partner to production of products related to this (NCI) seeks a Cooperative Research and collaborate with NCI in the further area of technology. Development Agreement (CRADA) development and commercialization of 7. The level of financial support the Collaborator to aid NCI in the screening, CRADA Collaborator will provide for screening assays and methods relating development and commercialization of to the analysis of small molecule CRADA-related Government activities. novel compounds for the treatment of 8. The willingness to cooperate with inhibitors of GADD45 polypeptide cancer. These methods focus on the the National Cancer Institute in the activity. The expected duration of the identification of small molecule timely publication of research results. CRADA would be from one (1) to five 9. The agreement to be bound by the inhibitors of GADD45 polypeptide (5) years. appropriate DHHS regulations relating activity. Mammalian cells cycle through a NCI has developed a series of in vitro to human subjects, and all PHS policies series of ordered stages that involve relating to the use and care of laboratory and in vivo assays to screen for various cellular components during animals. modulators of GADD45 polypeptide normal cellular growth (for reviews: 1, 10. The willingness to accept the legal activity. These assays may identify 2). A normal cell can arrest cell cycle provisions and language of the CRADA novel small molecule inhibitors of progression when DNA damage is with only minor modifications, if any. GADD45 activity that, when used in incurred. Cell cycle ‘‘checkpoints’’ exist These provisions govern the distribution conjunction with current at two different stages in cell cycle of future patent rights to CRADA chemotherapeutics, reduce the toxicity progression: the G1 to S (replication) inventions. Generally, the rights of of and enhance the effectiveness of stage and the G2–M (mitosis) stage. ownership are retained by the current treatments of cancer. NCI is These checkpoints are essentially stages organization that is the employer of the looking for a CRADA Collaborator with in which the cell ‘‘stalls’’ its cell cycle inventor, with (1) the grant of a license a demonstrated record of success in to repair any damaged DNA that may for research and other Government cancer diagnostics and therapeutics. exist prior to entry into mitosis. The purposes to the Government when the The proposed term of the CRADA can G2–M checkpoint prevents the improper CRADA Collaborator’s employee is the be up to five (5) years. segregation of chromosomes likely to be sole inventor, or (2) the grant of an DATES: Interested parties should notify important in human tumorigenesis (3, option to elect an exclusive or the Technology Development and 4). The G2-specific kinase composed of nonexclusive license to the CRADA Commercialization Branch of the NCI in Cdc2 and cyclin B1 is a regulator of the Collaborator when the Government writing of their interest in filing a formal cell cycle transition from G2 to M (1). employee is the sole inventor. proposal no later than May 26, 2000. NCI has recently reported the Potential CRADA Collaborators will Dated: March 20, 2000. identification of one of the gene then have an additional thirty (30) days Karen Maurey, products that controls the G2–M to submit a formal proposal. CRADA checkpoint: the ubiquitously expressed Deputy Chief, Technology Development and proposals submitted thereafter may be Commercialization Branch, National Cancer polypeptide, GADD45. GADD45 was Institute, National Institutes of Health. considered if a suitable CRADA originally identified on the basis of its Collaborator has not been selected. [FR Doc. 00–7380 Filed 3–24–00; 8:45 am] rapid transcriptional induction ADDRESSES: Inquiries and proposals following ultraviolet (UV) irradiation BILLING CODE 4140±01±P regarding this opportunity should be (5). Induction of GADD45 has also been addressed to Holly Symonds Clark, observed following various types of DEPARTMENT OF HEALTH AND Ph.D., Technology Development pathological stimuli including various HUMAN SERVICES Specialist (Tel. # 301–496–0477, FAX # environmental stresses, hypoxia, IR, 301–402–2117), Technology genotoxic drugs and growth factor National Institutes of Health Development and Commercialization withdrawal (6). The GADD45-induced Branch, National Cancer Institute, 6120 G2/M checkpoint is at least in part National Cancer Institute: Opportunity Executive Blvd., Suite 450, Rockville, mediated through inactivation of the for a Cooperative Research and MD 20852. Inquiries directed to Cdc2/cyclin B1 kinase (1). Development Agreement (CRADA) for obtaining patent license(s) for the NCI believes that the GADD45- the Screening, Development and technology described in U.S. mediated G2–M checkpoint could be a Commercialization of Novel Inhibitors Provisional Patent Application Serial new target for the development of anti- of GADD45 Polypeptide Activity for the No. 60/126,069, filed March 25, 1999, cancer agents. Inhibitors of GADD45 Treatment of Cancer for ‘‘Methods for Identifying Modulators activity at the G2–M checkpoint could AGENCY: National Institutes of Health, of GADD45 Polypeptide Activity’’ destroy the cell’s ability to stall its PHS, DHHS. (Harris et al.) should be addressed to proliferative cycle to correct damaged Vasant Gandhi, J.D., Ph.D., Technology DNA. Cancer cells are often deficient in ACTION: Notice. Licensing Specialist, Office of the G1–S checkpoint, thus, the G2–M
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8. The willingness to cooperate with Communications and Public Liaison, Office limitations imposed by the review and the National Cancer Institute in the of the Director, National Institutes of Health, funding cycle. timely publication of research results. 9000 Rockville Pike, Building 1, Room 344, (Catalogue of Federal Domestic Assistance 9. The agreement to be bound by the Bethesda, MD 20892, (301) 435–4448. Program Nos. 93.392, Cancer Construction; appropriate DHHS regulations relating This notice is being published less than 15 93.393, Cancer Cause and Prevention days prior to the meeting due to the timing to human subjects and to all PHS Research; 93.394, Cancer Detection and limitations imposed by the review and Diagnosis Research; 93.395, Cancer policies relating to the use and care of funding cycle. Treatment Research; 93.396, Cancer Biology laboratory animals. (Catalogue of Federal Domestic Assistance Research; 93.397, Cancer Centers Support; 10. The willingness to accept the legal Program Nos. 93.14, Intramural Research 93.398, Cancer Research Manpower; 93.399, provisions and language of the CRADA Training Award; 93.187, Undergraduate Cancer Control, National Institutes of Health, with only minor modifications, if any. Scholarship Program for Individuals from HHS) These provisions govern the distribution Disadvantaged Backgrounds; 93.22, Clinical Dated: March 20, 2000. of future patent rights to CRADA Research Loan Repayment Program for LaVerne Y. Stringfield, inventions. Generally, the rights of Individuals from Disadvantaged Backgrounds; 93.232, Loan Repayment Director, Office of Federal Advisory ownership are retained by the Committee Policy. organization that is the employer of the Program for Research Generally; 93.39, [FR Doc. 00–7374 Filed 3–24–00; 8:45 am] inventor with (1) the grant of a license Academic Research Enhancement Award; 93.936, NIH Acquired Immunodeficiency BILLING CODE 4140±01±M for research and other Government Syndrome Research Loan Repayment purposes to the Government when the Program, National Institutes of Health, HHS) CRADA Collaborator’s employee is the Dated: March 17, 2000. DEPARTMENT OF HEALTH AND sole inventor, or (2) the grant of an HUMAN SERVICES option to elect an exclusive or LaVerne Y. Stringfield, nonexclusive license to the CRADA Director, Office of Federal Advisory National Institutes of Health Collaborator when the Government Committee Policy. employee is the sole inventor. [FR Doc. 00–7370 Filed 3–24–00; 8:45 am] National Heart, Lung, and Blood BILLING CODE 4140±01±M Dated: March 20, 2000. Institute; Notice of Closed Meetings Karen Maurey, Pursuant to section 10(d) of the Deputy Chief, Technology Development and DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Commercialization Branch, National Cancer HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Institute, National Institutes of Health. is hereby given of the following [FR Doc. 00–7381 Filed 3–24–00; 8:45 am] National Institutes of Health meetings. BILLING CODE 4140±01±P The meetings will be closed to the National Cancer Institute; Notice of public in accordance with the Closed Meeting provisions set forth in sections DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES Pursuant to section 10(d) of the Federal Advisory Committee Act, as as amended. The grant applications and the discussions could disclose National Institutes of Health amended (5 U.S.C. Appendix 2), notice is hereby given of the following confidential trade secrets or commercial Office of the Director, National meeting. property such as patentable material, Institutes of Health; Notice of Meeting The meeting will be closed to the and personal information concerning public in accordance with the individuals associated with the grant Pursuant to section 10(a) of the provisions set forth in sections applications, the disclosure of which Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted amended (5 U.S.C. Appendix 2), notice as amended. The grant applications and invasion of personal privacy. is hereby given of a meeting of the the discussions could disclose Name of Committee: National Heart, Lung, Director’s Council of Public confidential trade secrets or commercial and Blood Institute Special Emphasis Panel, Representatives. property such as patentable material, Mouse Phenotyping RFA. The meeting will be open to the and personal information concerning Date: April 12, 2000. public, with attendance limited to space Time: 8:00 a.m. to 6:00 p.m. individuals associated with the grant available. Individuals who plan to Agenda: To review and evaluate grant applications, the disclosure of which attend and need special assistance, such applications. would constitute a clearly unwarranted as sign language interpretation or other Place: Holiday Inn Bethesda, 8120 invasion of personal privacy. Wisconsin Ave, Bethesda, MD 20814. reasonable accommodations, should Contact Person: Valerie L. Prenger, PhD, notify the Contact Person listed below Name of Committee: National Cancer Institute Initial Review Group, Subcommittee Health Science Administrator, NIH, NHLBI, in advance of the meeting. C—Basic & Preclinical. DEA, Review Branch, Rockledge Center II, Name of Committee: Director’s Council of Date: April 12–14, 2000. 6701 Rockledge Drive, Suite 7198, Bethesda, Public Representatives. Time: 7:30 p.m. to 12:00 p.m. MD 20892–7924, (301) 435–0297. Date: April 6–7, 2000. Agenda: To review and evaluate grant Name of Committee: National Heart, Lung, Time: 8:30 a.m. to 1:00 p.m. applications. and Blood Institute Special Emphasis Panel, Agenda: Among topics proposed for Place: Holiday Inn, 8120 Wisconsin Protease Inhibitor Related Atherosclerosis in discussion are: (1) health disparities; (2) Avenue, Bethesda, MD 20814. HIV Infection. human subject protections; (3) constituency Contact Person: Virginia P. Wray, PhD, Date: April 18–19, 2000. outreach; and (4) public involvement in Scientific Review Administrator, Grants Time: 7:00 p.m. to 5:00 p.m. programs of the NHGRI and NIMH. Review Branch, Division of Extramural Agenda: To review and evaluate grant Place: National Institutes of Health, 9000 Activities, National Cancer Institute, 6116 applications. Rockville Pike, Building 31, Conference Executive Boulevard, Room 8046, Rockville, Place: Holiday Inn Bethesda, 8120 Room 6, Bethesda, MD 20892. MD 20895–7405, 301/496–9236. Wisconsin Ave, Bethesda, MD 20814. Contact Person: Jennifer E. Gorman, Public This notice is being published less than 15 Contact Person: Joyce A. Hunter, PhD, NIH, Liaison/COPR Coordinator, Office of the days prior to the meeting due to the timing NHLBI, DEA, Rockledge Center II, 6701
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Rockledge Drive, Suite 7192, Bethesda, MD Name of Committee: National Institute on Agenda: To review and evaluate grant 20892–7924, (301) 435–0287. Aging Special Emphasis Panel. applications. (Catalogue of Federal Domestic Assistance Date: April 12–13, 2000. Place: Neuroscience Center, National Program Nos. 93.233, National Center for Time: 6:00 p.m. to 6:00 p.m. Institutes of Health, 6001 Executive Blvd., Sleep Disorders Research; 93.837, Heart and Agenda: To review and evaluate grant Bethesda, MD 20892 (Telephone Conference Vascular Diseases Research; 93.838, Lung applications. Call). Diseases Research; 93.839, Blood Diseases Place: Double Tree Hotel, 1750 Rockville Contact Person: Gerald E. Calderone, PhD, and Resources Research, National Institutes Pike, Rockville, MD 20852. Scientific Review Administrator, Division of of Health, HHS) Contact Person: William A. Kachadorian, Extramural Activities, National Institute of PhD, The Bethesda Gateway Building, 7201 Mental Health, NIH, Neuroscience Center, Dated: March 20, 2000. Wisconsin Avenue/Suite 2C212, Bethesda, 6001 Executive Blvd., Rm 6150, MSC 9608, LaVerne Y. Stringfield, MD 20892, (301) 496–9666. Bethesda, MD 20892–9608, 301–443–1340. Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance This notice is being published less than 15 Committee Policy. Program Nos. 93.866, Aging Research, days prior to the meeting due to the timing [FR Doc. 00–7373 Filed 3–24–00; 8:45 am] National Institutes of Health, HHS) limitations imposed by the review and funding cycle. BILLING CODE 4140±01±M Dated: March 17, 2000. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, Program Nos. 93.242, Mental Health Research Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Grants; 93.281, Scientist Development Committee Policy. Award, Scientist Development Award for HUMAN SERVICES [FR Doc. 00–7371 Filed 3–24–00; 8:45 am] Clinicians, and Research Scientist Award; BILLING CODE 4140±01±M 93.282, Mental Health National Research National Institutes of Health Service Awards for Research Training, National Institutes of Health, HHS) National Institute on Aging; Notice of Closed Meetings DEPARTMENT OF HEALTH AND Dated: March 16, 2000. HUMAN SERVICES LaVerne Y. Stringfield, Pursuant to section 10(d) of the National Institutes of Health Director, Office of Federal Advisory Federal Advisory Committee Act, as Committee Policy. amended (5 U.S.C. Appendix 2), notice National Institute of Mental Health; [FR Doc. 00–7375 Filed 3–24–00; 8:45 am] is hereby given to the following Notice of Closed Meetings BILLING CODE 4140±01±M meetings. The meetings will be closed to the Pursuant to section 10(d) of the public in accordance with the Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND provisions set forth in sections amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following National Institutes of Health as amended. The grant applications and meetings. the discussions could disclose The meetings will be closed to the public in accordance with the National Institute on Drug Abuse; confidential trade secrets or commercial Notice of Closed Meeting property such as patentable material, provisions set forth in sections and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the individuals associated with the grant as amended. The grant applications and Federal Advisory Committee Act, as applications, the disclosure of which the discussions could disclose amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted confidential trade secrets or commercial is hereby given of the following invasion of personal privacy. property such as patentable material, meeting. and personal information concerning The meeting will be closed to the Name of Committee: National Institute on individuals associated with the grant Aging Special Emphasis Panel To Review public in accordance with the applications, the disclosure of which provisions set forth in sections Applications in Racism, Stress, and Chronic would constitute a clearly unwarranted Disease in Older Blacks. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: April 10, 2000. invasion of personal privacy. as amended. The contract proposals and Time: 2:10 p.m. to 3:00 p.m. Name of Committee: National Institute of the discussions could disclose Agenda: To review and evaluate grant Mental Health Special Emphasis Panel. confidential trade secrets or commercial applications Date: April 4, 2000. property such as patentable material, Place: 7201 Wisconsin Avenue, Bethesda, Time: 1 p.m. to 2:30 p.m. and personal information concerning MD 20814 (Telephone Conference Call) Agenda: To review and evaluate grant individuals associated with the contract Contact Person: William A. Kachadorian, applications. PhD, The Bethesda Gateway Building, 7201 Place: Neuroscience Center, National proposals, the disclosure of which Wisconsin Avenue/Suite 2C212, Bethesda, Institutes of Health, 6001 Executive Blvd., would constitute a clearly unwarranted MD 20892, (301) 496–9666. Bethesda, MD 20892. invasion of personal privacy. Name of Committee: National Institute on Contact Person: Gerald E. Calderone, PhD, Name of Committee: National Institute on Aging Special Emphasis Panel To Review Scientific Review Administrator, Division of Drug Abuse Special Emphasis Panel, ;‘‘Phase Program Project in Biomedical Outcomes in Extramural Activities, National Institute of II SBIR (Develop Prevention Research Aging. Mental Health, NIH, Neuroscience Center, Dissemination—Topic 021)’’. Date: April 10, 2000. 6001 Executive Blvd., Rm 6150, MSC 9608, Date: March 31, 2000. Time: 3:00 p.m. to 5:00 p.m. Bethesda, MD 20892–9608, 301–443–1340. Time: 10:30 a.m. to 12:00 p.m. Agenda: To review and evaluate grant This notice is being published less than 15 Agenda: To review and evaluate contract applications. days prior to the meeting due to the timing proposals. Place: 7201 Wisconsin Avenue, Bethesda, limitations imposed by the review and Place: Neuroscience Center, National MD 20892 (Telephone Conference Call). funding cycle. Institutes of Health, 6001 Executive Blvd., Contact Person: William A. Kachadorian, Name of Committee: National Institute of Bethesda, MD 20892 (Telephone Conference PhD, The Bethesda Gateway Building, 7201 Mental Health Special Emphasis Panel. Call). Wisconsin Avenue/Suite 2C212, Bethesda, Date: April 6, 2000. Contact Person: Eric Zatman, Contract MD 20892, (301) 496–9666. Time: 1:30 p.m. to 2:30 p.m. Review Specialist, Office of Extramural
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Affairs, National Institute on Drug Abuse, Dated: March 16, 2000. DEPARTMENT OF HEALTH AND National Institutes of Health, DHHS, 6001 LaVerne Y. Stringfield, HUMAN SERVICES Executive Boulevard, Room 3158, MSC 9547, Director, Office of Federal Advisory Bethesda, MD 20892–9547, (301) 435–1438. Committee Policy. National Institutes of Health This notice is being published less than 15 days prior to the meeting due to the timing [FR Doc. 00–7377 Filed 3–24–00; 8:45 am] National Library of Medicine; Notice of limitations imposed by the review and BILLING CODE 4140±01±M Closed Meeting funding cycle. (Catalogue of Federal Domestic Assistance Pursuant to section 10(d) of the Program Nos. 93.277, Drug Abuse Scientist DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Development Award for Clinicians, Scientist HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Development Awards, and Research Scientist is hereby given of the following Awards; 93.278, Drug Abuse National National Institutes of Health meeting. Research Service Awards for Research The meeting will be closed to the Training; 93.279, Drug Abuse Research National Institute on Alcohol Abuse Programs, National Institutes of Health, HHS) public in accordance with the and Alcoholism; Notice of Closed provisions set forth in sections Dated: March 16, 2000. Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., LaVerne Y. Stringfield, as amended. The grant applications and Director, Office of Federal Advisory Pursuant to section 10(d) of the the discussions could disclose Committee Policy. Federal Advisory Committee Act, as confidential trade secrets or commercial [FR Doc. 00–7376 Filed 3–24–00; 8:45 am] amended (5 U.S.C. Appendix 2), notice property such as patentable material, BILLING CODE 4140±01±M is hereby given of the following and personal information concerning meeting. individuals associated with the grant The meeting will be closed to the applications, the disclosure of which DEPARTMENT OF HEALTH AND public in accordance with the would constitute a clearly unwarranted HUMAN SERVICES provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health Name of Committee: National Library of as amended. The grant applications and Medicine Special Emphasis Panel, SEP National Institute of Allergy and the discussions could disclose Review Phone Conference. Infectious Diseases; Notice of Closed confidential trade secrets or commercial Date: April 4, 2000. Meeting property such as patentable material, Time: 3:30 p.m. to 4:30 p.m. and personal information concerning Agenda: To review and evaluate grant Pursuant to section 10(d) of the individuals associated with the grant applications. Federal Advisory Committee Act, as Place: National Library of Medicine, applications, the disclosure of which Division of Extramural Programs, 6705 amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted Rockledge Drive, Suite 301, Bethesda, MD is hereby given of the following invasion of personal privacy. 20892, (Telephone Conference Call). meeting. Contact Person: Sharee Pepper, PhD, The meeting will be closed to the Name of Committee: National Institute on Alcohol Abuse and Alcoholism Special Scientific Review Administrator, Health Scientist Administrator, Office of Extramural public in accordance with the Emphasis Panel. Programs, National Library of Medicine, 6705 provisions set forth in sections Date: March 27, 2000. Rockledge Drive, Suite 301, Bethesda, MD 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 11:00 a.m. to 2:00 p.m. as amended. The grant applications and 20892, (301) 594–4933. Agenda: To review and evaluate grant This notice is being published less than 15 the discussions could disclose applications. days prior to the meeting due to the timing confidential trade secrets or commercial Place: Willco Building, Suite 409, 6000 limitations imposed by the review and property such as patentable material, Executive Boulevard, Rockville, MD 20892 funding cycle. and personal information concerning (Telephone Conference Call). (Catalogue of Federal Domestic Assistance individuals associated with the grant Contact Person: Sean O’Rourke, Scientific Program Nos. 93.879, Medical Library applications, the disclosure of which Review Administrator, Extramural Project Assistance, National Institutes of Health, would constitute a clearly unwarranted Review Branch, National Institute on Alcohol HHS) invasion of personal privacy. Abuse and Alcoholism, National Institutes of Health, Suite 409, 6000 Executive Boulevard, Dated: March 17, 2000. Name of Committee: National Institute of Bethesda, MD 20892–7003, 301–443–2861. LaVerne Y. Stringfield, Allergy and Infectious Diseases Special This notice is being published less than 15 Director, Office of Federal Advisory Emphasis Panel. days prior to the meeting due to the timing Committee Policy. Date: April 13–14, 2000. limitations imposed by the review and [FR Doc. 00–7372 Filed 3–24–00; 8:45 am] Time: 8:30 a.m. to 5:30 p.m. funding cycle. Agenda: To review and evaluate grant BILLING CODE 4140±01±M applications. (Catalogue of Federal Domestic Assistance Place: Georgetown Holiday Inn, Mirage I, Program Nos. 93.271, Alcohol Research 2101 Wisconsin Avenue, NW, Washington, Career Development Awards for Scientists DEPARTMENT OF HEALTH AND DC 20007. and Clinicians; 93.272, Alcohol National HUMAN SERVICES Contact Person: Ken Wasserman, PhD, Research Service Awards for Research Scientific Review Administrator, Scientific Training; 93.273, Alcohol Research Programs; National Institutes of Health Review Program, Division of Extramural 93.891, Alcohol Research Center Grants, Activities, NIAID, NIH, Room 2220, 6700–B National Institutes of Health, HHS) Center for Scientific Review; Notice of Rockledge Drive, MSC 7610, Bethesda, MD, Dated: March 16, 2000. Closed Meetings 301 496–2550, [email protected] LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance Pursuant to section 10(d) of the Director, Office of Federal Advisory Program Nos. 93.855, Allergy, Immunology, Federal Advisory Committee Act, as Committee Policy. and Transplantation Research; 93.856, amended (5 U.S.C. Appendix 2), notice Microbiology and Infectious Diseases [FR Doc. 00–7379 Filed 3–24–00; 8:45 am] is hereby given of the following Research, National Institutes of Health, HHS) BILLING CODE 4140±01±M meetings.
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The meetings will be closed to the Contact Person: J. Scott Osborne, PhD, MSC 7840, Bethesda, MD 20892, (301) 435– public in accordance with the Scientific Review Administrator, Center for 1023. provisions set forth in sections Scientific Review, National Institutes of This notice is being published less than 15 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 4114, days prior to the meeting due to the timing MSC 7816, Bethesda, MD 20892, (301) 435– limitations imposed by the review and as amended. The grant applications and 1782. funding cycle. the discussions could disclose This notice is being published less than 15 Name of Committee: Center for Scientific confidential trade secrets or commercial days prior to the meeting due to the timing Review Special Emphasis Panel, ZRG1 HEM– property such as patentable material, limitations imposed by the review and 2 (01). and personal information concerning funding cycle. Date: April 4, 2000. individuals associated with the grant Name of Committee: Center for Scientific Time: 4:00 p.m. to 5:30 p.m. applications, the disclosure of which Review Special Emphasis Panel. Agenda: To review and evaluate grant would constitute a clearly unwarranted Date: March 31, 2000. applications. invasion of personal privacy. Time: 10:00 a.m. to 2:00 p.m. Place: NIH, Rockledge 2, Bethesda, MD Agenda: To review and evaluate grant 20892 (Telephone Conference Call). Name of Committee: Center for Scientific applications. Contact Person: Jerrold Fried, PhD, Review Special Emphasis Panel. Place: NIH, Rockledge 2, Bethesda, MD Scientific Review Administrator, Center for Date: March 22, 2000. 20892 (Telephone Conference Call). Scientific Review, National Institutes of Time: 11:00 a.m. to 12:00 p.m. Contact Person: J. Scott Osborne, PhD, Health, 6701 Rockledge Drive, Room 4126, Agenda: To review and evaluate grant Scientific Review Administrator, Center for MSC 7802, Bethesda, MD 20892, (301) 435– applications. Scientific Review, National Institutes of 1777. Place: NIH, Rockledge 2, Bethesda, MD Health, 6701 Rockledge Drive, Room 4114, This notice is being published less than 15 20892 (Telephone Conference Call). MSC 7816, Bethesda, MD 20892, (301) 435– days prior to the meeting due to the timing Contact Person: Michael J. Kozak, PhD, 1782. limitations imposed by the review and Scientific Review Administrator, Center for This notice is being published less than 15 funding cycle. Scientific Review, National Institutes of days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 3170, Name of Committee: Center for Scientific limitations imposed by the review and MSC 7848, Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel. funding cycle. 0913. Date: April 5, 2000. This notice is being published less than 15 Name of Committee: Center for Scientific Time: 1:00 p.m. to 2:00 p.m. days prior to the meeting due to the timing Review Special Emphasis Panel. Agenda: To review and evaluate grant limitations imposed by the review and Date: April 4, 2000. applications. funding cycle. Time: 10:30 a.m. to 12:00 p.m. Place: NIH, Rockledge 2, Bethesda, MD Agenda: To review and evaluate grant 20892 (Telephone Conference Call). Name of Committee: Center for Scientific applications. Contact Person: Ranga V. Srinivas, PhD, Review Special Emphasis Panel. Place: NIH, Rockledge 2, Bethesda, MD Scientific Review Administrator, Center for Date: March 29, 2000. Time: 9:00 a.m. to 10:00 a.m. 20892 (Telephone Conference Call). Scientific Review, National Institutes of Agenda: To review and evaluate grant Contact Person: Mariana Dimitrov, PhD, Health, 6701 Rockledge Drive, Room 5108, applications. Scientific Review Administrator, Center for MSC 7852, Bethesda, MD 20892, (301) 435– Place: NIH, Rockledge 2, Bethesda, MD Scientific Review, National Institutes of 1167, [email protected] 20892 (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 3180, This notice is being published less than 15 Contact Person: Syed Quadri, Scientific Bethesda, MD 20892, (301) 435–1281. days prior to the meeting due to the timing Review Administrator, Center for Scientific This notice is being published less than 15 limitations imposed by the review and Review, National Institutes of Health, 6701 days prior to the meeting due to the timing funding cycle. Rockledge Drive, Room 4144, MSC 7804, limitations imposed by the review and Name of Committee: Center for Scientific Bethesda, MD 20892, (301) 435–1211. funding cycle. Review Special Emphasis Panel. This notice is being published less than 15 Name of Committee: Center for Scientific Date: April 5, 2000. days prior to the meeting due to the timing Review Special Emphasis Panel. Time: 1:00 p.m. to 2:30 p.m. limitations imposed by the review and Date: April 4, 2000. Agenda: To review and evaluate grant funding cycle. Time: 1:00 p.m. to 3:00 p.m. applications. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD Review Special Emphasis Panel. applications. 20892 (Telephone Conference Call). Date: March 29, 2000. Place: NIH, Rockledge 2, Bethesda, MD Contact Person: Joanne T. Fujii, PhD, Time: 12:00 p.m. to 1:00 p.m. 20892 (Telephone Conference Call). Scientific Review Administrator, Center for Agenda: To review and evaluate grant Contact Person: Eugene M. Zimmerman, Scientific Review, National Institutes of applications. PhD, Scientific Review Administrator, Center Health, 6701 Rockledge Drive, Room 5218, Place: NIH, Rockledge 2, Bethesda, MD for Scientific Review, National Institutes of Bethesda, MD 20892, (301) 435–1178, 20892 (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 4202, [email protected] Contact Person: Karen Sirocco, PhD, MSC 7812, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 Scientific Review Administrator, Center for 1220, [email protected] days prior to the meeting due to the timing Scientific Review, National Institutes of This notice is being published less than 15 limitations imposed by the review and Health, 6701 Rockledge Drive, Room 3184, days prior to the meeting due to the timing funding cycle. MSC 7848, Bethesda, MD 20892, (301) 435– limitations imposed by the review and Name of Committee: Center for Scientific 0676. funding cycle. Review Special Emphasis Panel. This notice is being published less than 15 Name of Committee: Center for Scientific Date: April 5, 2000. days prior to the meeting due to the timing Review Special Emphasis Panel. Time: 1:30 p.m. to 2:30 p.m. limitations imposed by the review and Date: April 4, 2000. Agenda: To review and evaluate grant funding cycle. Time: 2:00 p.m. to 4:00 p.m. applications. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD Review Special Emphasis Panel. applications. 20892, (Telephone Conference Call). Date: March 30, 2000. Place: NIH, Rockledge 2, Bethesda, MD Contact Person: Abubakar A. Shaikh, DVM, Time: 10:00 a.m. to 1:00 p.m. 20892 (Telephone Conference Call). PhD, Scientific Review Administrator, Center Agenda: To review and evaluate grant Contact Person: Marcia Steinberg, PhD, for Scientific Review, National Institutes of applications. Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 6166, Place: NIH, Rockledge 2, Bethesda, MD Scientific Review, National Institutes of MSC 7892, Bethesda, MD 20892, (301) 435– 20892 (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 5140, 1042.
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This notice is being published less than 15 Scientific Review, National Institutes of DEPARTMENT OF HOUSING AND days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 6164, URBAN DEVELOPMENT limitations imposed by the review and MSC 7892, Bethesda, MD 20892, (301) 435– funding cycle. 1041. [Docket No. FR±4579±FA±01] Name of Committee: Center for Scientific Name of Committee: Center for Scientific Review Special Emphasis Panel. Review Special Emphasis Panel. Announcement of Funding AwardsÐ Date: April 5, 2000. Date: April 6, 2000. Fiscal Year 1999; Office of Troubled Time: 2 p.m. to 4:40 p.m. Time: 3 p.m. to 5 p.m. Agency Recovery; Cooperative Agenda: To review and evaluate grant Agreements applications. Agenda: To review and evaluate grant applications. Place: NIH, Rockledge 2, Bethesda, MD AGENCY: Office of Public and Indian 20892, (Telephone Conference Call). Place: NIH, Rockledge 2, Bethesda, MD Housing, HUD. Contact Person: Richard Marcus, PhD, 20892, (Telephone Conference Call). Scientific Review Administrator, Center for Contact Person: Kathryn Meadow-Orlans, ACTION: Announcement of funding Scientific Review, National Institutes of PhD, Scientific Review Administrator, Center awards. Health, 6701 Rockledge Drive, Room 5168, of Scientific Review, National Institutes of MSC 7844, Bethesda, MD 20892, 301–435– Health, 6701 Rockledge Drive, Room 3182, SUMMARY: In accordance with section 1245, richard,[email protected] MSC 7848, Bethesda, MD 20892, (301) 435– 102 (a)(4)(C) of the Department of This notice is being published less than 15 0902. Housing and Urban Development days prior to the meeting due to the timing Reform Act of 1989, this announcement (Catalogue of Federal Domestic Assistance limitations imposed by the review and notifies the public of funding decisions funding cycle. Program Nos. 93.306, Comparative Medicine, 93.306; 93.333, Clinical Research, 93.333, made by the Department from funds Name of Committee: Center for Scientific distributed to the Office of Troubled Review Special Emphasis Panel, ZRG1 HEM– 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Agency Recovery during Fiscal Year 2 (03)M. 1999. This announcement contains the Date: April 5, 2000. Insitutes of Health, HHS) name and address of all awardees and Time: 2 p.m. to 3:30 p.m. Dated: March 17, 2000. Agenda To review and evaluate grant the amount of each award. LaVerne Y. Stringfield, applications. FOR FURTHER INFORMATION CONTACT: Place: NIH, Rockledge 2, Bethesda, MD Director, Office of Federal Advisory Kathryn Edgar, Department of Housing 20892, (Telephone Conference Call). Committee Policy. and Urban Development, 451 Seventh Contract Person: Jerrold Fried, PhD, [FR Doc. 00–7369 Filed 3–24–00; 8:45 am] Street, SW, Washington, DC 20410, Scienticific Review Administrator, Center for BILLING CODE 4140±01±M Scientific Review, National Institutes of telephone (202) 708–1141 (this is not a Health, 6701 Rockledge Drive, Room 4126, toll-free number). Persons with hearing MSC 7802, Bethesda, MD 20892, (301) 435– or speech impairments may access that 1777. DEPARTMENT OF HEALTH AND number via TTY by calling the Federal This notice is being published less than 15 HUMAN SERVICES Information Relay Service 1–800–877– days prior to the meeting due to the timing 8339. limitations imposed by the review and National Institutes of Health funding cycle. SUPPLEMENTARY INFORMATION: The Name of Committee: Center for Scientific Center for Scientific Review; Amended Cooperative Agreement with each of the Review Special Emphasis Panel. Notice of Meeting following recipients was issued Date: April 6, 2000. pursuant to Section 6(j) of the United Time: 9 a.m. to 5 p.m. Notice is hereby given of a change in States Housing Act of 1937. The awards Agenda: To review and evaluate grant the meeting of the Center for Scientific will be used to provide technical applications. Review Special Emphasis Panel, March assistance to support troubled agency Place: Ramada Inn, 1775 Rockville Pike, 23, 2000, 2:00 PM to March 23, 2000, recovery efforts and funding assistance Rockville, MD 20852. 3:00 PM, NIH, Rockledge 2, Bethesda, as necessary to remedy the substantial Contact Person: Gopa Rakhit, PhD, MD, 20892 which was published in the Scientific Review Administrator, Center for deterioration of living conditions in Scientific Review, National Insitutes of Federal Register on March 9, 2000, 65 public housing or other related Health, 6701 Rockledge Drive, Room 4154, FR 12565. emergencies that endanger the health, MSC 7806, Bethesda, MD 20892, (301) 435– The meeting will be held on April 5, safety, and welfare of the residents. 1721. 2000 from 3:00 PM to 4:00 PM. The The Catalog of Federal Domestic Name of Committee: Center for Scientific location remains the same. The meeting Assistance number for this program is Review Special Emphasis Panel. is closed to the public. 14.859. Date: April 6, 2000. In accordance with section 102 Time: 2 p.m. to 4 p.m. Dated: March 16, 2000. (a)(4)(C) of the Department of Housing Agenda: To review and evaluate grant LaVerne Stringfield, applications. and Urban Development Reform Act of Director, Office of Federal Advisory Place: NIH, Rockledge 2, Bethesda, MD 1989 (103 Stat. 1987, 42 U.S.C. 3545), Committee Policy. 20892, (Telephone Conference Call). the Department is publishing the name, Contact Person: N. Krish Krishnan, PhD, [FR Doc. 00–7378 Filed 3–24–00; 8:45 am] address, and amount of each award as Scientific Review Administrator, Center for BILLING CODE 4140±01±M follows:
FISCAL YEAR 1999 TROUBLED AGENCY RECOVERY RECIPIENTS OF FUNDING DECISIONS
Awardee Amount
Mobile County Housing Authority, P.O. Box 303, Citronelle, AL 36522±0309 ...... $20,000 New Haven Housing Authority, 360 Orange Street, New Haven, CT 06501 ...... $577,500 New London Housing Authority, 78 Walden Avenue, New London, CT 06320 ...... $259,220 Sarasota Housing Authority, 1300 Sixth Street, Sarasota, FL 34236 ...... $50,000 & $45,000 Venice Housing Authority, 201 North Strove Street, Venice, FL 34292 ...... $8,010
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FISCAL YEAR 1999 TROUBLED AGENCY RECOVERY RECIPIENTS OF FUNDING DECISIONSÐContinued
Awardee Amount
Housing Authority of the City of Alma, 401 East Twelfth Street, P.O. Box 190, Alma, GA 31510±0190 ...... $30,000 Housing Authority of the City of Greenville, P.O. Box 83, Greenville, GA 30222±0083 ...... $5,000 City Of Topeka Housing Authority, 2101 Southeast California, Topeka, KS 66607 ...... $40,000 Tulane University (Campus Affiliates Program), Tulane-Xavier National Center for the Urban Community, 31 McAlister, $2,000,000 New Orleans, LA 70118±5698. Dracut Housing Authority, 971 Mammoth Road, Dracut, MA 01826 ...... $15,000 Muskegon Housing Commission, 1823 Commerce Street, Muskegon, MI 49440 ...... $5,000 Muskegon Heights Housing Commission, 615 East Hovey Avenue, Muskegon Heights, MI 49444 ...... $495,000 Hayti Heights Housing Authority, 100 North Martin Luther King Drive, Hayti Heights, MO 63851 ...... $106,800 Housing Authority of Kansas City, 299 Paseo, Kansas City, MO 64106 ...... $425,000 Marionville Housing Authority, 105 East O'Dell, Marionville, MO 65705 ...... $15,000 & $5,000 St. Louis Housing Authority, 4100 Lindell Boulevard, Saint Louis, MO 63108 ...... $200,000 Sainte Genevieve Housing Authority, 225 St. Joseph Street, St. Genevieve, MO 63670 ...... $9,000 Wellston Housing Authority, 1584 Ogdon Avenue, Wellston, MO 63112 ...... $6,500 Bellevue Housing Authority, 8214 Armstrong Circle, Bellevue, NE 68147 ...... $9,500 Greeley Housing Authority, P.O. Box 219, Greeley, NE 68842 ...... $4,675 North Platte Housing Authority, 900 Autumn Park Drive, North Platte, NE 69101 ...... $8,500 Rensselaer Housing Authority, 85 Aiken Avenue, Rensselaer, NY 12144 ...... $40,000 Clinton Metropolitan Housing Authority, 478 Thorne Avenue, Wilmington, OH 45177 ...... $40,000 Springfield Metropolitan Housing Authority, 437 East John, Springfield, OH 45505 ...... $200,000 & $165,000 Waynoka Housing Authority, P.O. Box 183, Waynoka, OK 73860 ...... $4,900 Bellville Housing Authority, P.O. Box 247, Bellville, TX 77418 ...... $12,000 Orange County Housing Authority, 205 Vidor, Vidor, TX 77662 ...... $40,000
Dated: March 20, 2000. SUPPLEMENTARY INFORMATION: HUD has preceding 24 months that exceeds 200 Harold Lucas, the authority to address deficiencies in percent of the default and claim rate Assistant Secretary for Public and Indian the performance of lenders’ loans as within the geographic area served by a Housing. provided in the HUD mortgagee HUD field office, and also exceeds the [FR Doc. 00–7367 Filed 3–24–00; 8:45 am] approval regulations at 24 CFR 202.3. national default and claim rate. For the BILLING CODE 4210±33±P On May 17, 1999 (64 FR 26769), HUD second review period, HUD is only published a notice on its procedures for terminating the Agreement of terminating origination approval mortgagees whose default and claim rate DEPARTMENT OF HOUSING AND agreements with FHA lenders and exceeds both the national rate and 300 URBAN DEVELOPMENT placement of FHA lenders on Credit percent of the field office rate. Watch status (an evaluation period). In Effect [Docket No. FR±4513±N±03] the May 17, 1999 notice, HUD advised that it would publish in the Federal Termination of the Agreement Credit Watch Termination Initiative Register a list of mortgagees which have precludes that branch(s) of the had their Origination Approval mortgagee from originating FHA-insured AGENCY: Office of Assistant Secretary for Agreements terminated. single family mortgages within the area Housing-Federal Housing Termination of Origination Approval of the HUD field office(s) listed in this Commissioner, HUD. Agreement notice. Mortgagees authorized to ACTION: Notice. purchase, hold, or service FHA insured Approval of a mortgagee by HUD/ mortgages may continue to do so. FHA to participate in FHA mortgage SUMMARY: This notice advises of the insurance programs includes an Loans that closed or were approved cause and effect of termination of before the Termination became effective Origination Approval Agreements taken Agreement between HUD and the mortgagee. Under the Agreement, the may be submitted for insurance by HUD’s Federal Housing endorsement. Approved loans are (1) Administration against HUD-approved mortgagee is authorized to originate single family mortgage loans and submit those already underwritten and mortgagees through its Credit Watch them to FHA for insurance approved by a Direct Endorsement (DE) Termination Initiative. This notice endorsement. The Agreement may be underwriter employed by an includes a list of mortgagees which have terminated on the basis of poor unconditionally approved DE lender had their Origination Approval performance of FHA-insured mortgage and (2) cases covered by a firm Agreements (Agreements) terminated. loans originated by the mortgagee. The commitment issued by HUD. Cases at FOR FURTHER INFORMATION CONTACT: The Termination of a mortgagee’s Agreement earlier stages of processing cannot be Quality Assurance Division, Office of is separate and apart from any action submitted for insurance by the Housing, Department of Housing and taken by HUD’s Mortgagee Review terminated branch; however, they may Urban Development, 451 Seventh St. Board under HUD’s regulations at 24 be transferred for completion of SW, Room B133-P3214, Washington, DC CFR part 25. processing and underwriting to another 20410; telephone (202) 708–2830 (This mortgagee or branch authorized to is not a toll free number). Persons with Cause originate FHA insured mortgages in that hearing or speech impairments may HUD’s regulations permit HUD to area. Mortgagees are obligated to access that number via TTY by calling terminate the Agreement with any continue to pay existing insurance the Federal Information Relay Service at mortgagee having a default and claim premiums and meet all other obligations (800) 877–8339. rate for loans endorsed within the associated with insured mortgages.
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A terminated mortgagee may request and Program Compliance, should Action to have its authority to originate FHA describe any actions taken (e.g., changes loans reinstated no earlier that six in operations and/or personnel) to The following mortgagees have had months after the effective date of the eliminate the cause(s) of the poor loan their Agreements terminated by HUD: Termination. The request, addressed to performance that led to the the Director, Office of Lender Activities Termination.
HUD office jurisdic- Termination Home owner- Mortgagee name Mortgagee branch address tions effective date ship centers
Atlantic Vanguard Mortgage dba First Ad- 251 Maitland Ave., Suite 304 Altamonte Orlando, FL ...... 01/17/2000 Atlanta. vantage Mortgage. Springs, FL 32701. CTX Mortgage Company ...... 151 Kalmus STE J±4 Costa Mesa, CA Los Angeles, CA ...... 11/01/1999 Santa Ana. 92626. Embassy Mortgage Corp ...... 6817 W 167th St. Tinley Park, IL 60477 ... Chicago, IL ...... 01/21/2000 Atlanta. Paradigm Mortgage Associates Inc ...... 7845 Baymeadows Way Jacksonville, FL Coral Gables, FL ..... 11/01/1999 Atlanta. 32256. RE Mortgage Group dba American Pacific 8141 E Kaiser Blvd, Suite 212 Anaheim Santa Ana, CA ...... 01/21/2000 Santa Ana. Mortgage Corp. Hills, CA 92808.
Dated: March 21, 2000. intentions; (2) to obtain suggestions and the project is to restore saltwater marsh William C. Apgar, information on the scope of issues to be habitat for endangered species and other Assistant Secretary for Housing-Federal addressed in the EIS/EIR; and (3) to native wildlife; and to enhance the Housing Commissioner. announce a public scoping meeting. public’s appreciation and awareness of [FR Doc. 00–7421 Filed 3–24–00; 8:45 am] Comments and participation in this the unique resources of Bair Island. BILLING CODE 4210±27±P scoping process are solicited. We The environmental review of this estimate the Draft Environmental Impact project will be conducted in accordance Statement will be made available to the with the requirements of the National DEPARTMENT OF THE INTERIOR public by February 2001. Environmental Policy Act of 1969, as DATES: A public scoping meeting will be amended (42 U.S.C. 4371 et seq.), NEPA Fish and Wildlife Service held on April 27, 2000, from 7:00 p.m. Regulations (40 CFR 1500–1508), other to 9:00 p.m., see addresses for location. appropriate Federal regulations, and Notice of Intent To Prepare an Written comments related to the scope Service procedures for compliance with Environmental Impact Statement/ and content of the Restoration and those regulations. Environmental Impact Report on the Management Plan and EIS/EIR should Project Objectives Restoration and Management Plan for be received by the Service at the Newark Bair Island, Don Edwards San address below by April 26, 2000. The objectives of the project follow. Francisco Bay National Wildlife ADDRESSES: The public meeting will be 1. Restore and enhance habitat for the Refuge, San Mateo County, California, held at the Community Activities endangered California clapper rail and and Announcement of Public Scoping Building, 1400 Roosevelt Avenue, salt marsh harvest mouse. Meeting Redwood City, California. Oral and 2. Create and enhance habitat for AGENCY: Fish and Wildlife Service, written comments will be taken at the other endangered and threatened Interior. meeting. Written comments also may be species, and other wetland dependent species if compatible with restoration ACTION: Notice of intent to prepare an mailed to Ms. Margaret T. Kolar, Refuge for the clapper rail and harvest mouse. environmental impact statement/ Complex Manager, San Francisco Bay 3. Minimize disturbance to any environmental impact report and notice National Wildlife Refuge Complex, P.O. sensitive species (clapper rail, harbor of public meeting. Box 524, Newark, California 94560; or sent by facsimile to (510) 792–5828. seals, etc.). SUMMARY: This notice advises the public FOR FURTHER INFORMATION CONTACT: 4. Provide for control of undesirable that the U.S. Fish and Wildlife Service Clyde Morris, Refuge Manager, Don species including invasive plants, (Service) intends to gather information Edwards San Francisco Bay National undesirable predators, and mosquitos. necessary to prepare an Environmental Wildlife Refuge, Newark, California, 5. Enhance the public’s awareness of Impact Statement/Environmental telephone (510) 792–0222. the unique resources at Bair Island by Impact Report (EIS/EIR) for the SUPPLEMENTARY INFORMATION: providing opportunities for wildlife- development of a Restoration and oriented recreation and nature study. Background Information Management Plan (RMP) for Bair Island Questions and Issues located in San Mateo County, California. The U.S. Fish and Wildlife Service Interested persons are encouraged to (Service) will manage all State and Questions and issues identified to submit written comments and/or attend Federal land on Bair Island as a part of date include the following. a public scoping meeting to identify and the Don Edwards San Francisco Bay 1. What recreational uses are discuss issues and alternatives that National Wildlife Refuge (Refuge). compatible with restoration? should be addressed in the RMP and in Lands owned by the California 2. How will historic and cultural the EIS/EIR. The Service is furnishing Department of Fish and Game on Bair resources be protected? this notice in compliance with the Island will be managed as a part of the 3. What are the impacts of restoration National Environmental Policy Act Refuge in compliance with a activities on sensitive wildlife (NEPA) regulations (40 CFR 1501.7) for Memorandum of Understanding. resources? the following purposes: (1) To advise The Service proposes to restore Bair 4. How will invasive non-native and other agencies and the public of our Island to tidal wetlands. The purpose of undesirable species be controlled?
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5. Would this project improve flood Committee of the Aquatic Nuisance DEPARTMENT OF THE INTERIOR conditions along Redwood, Pulgas, and Species Task Force. The meeting topics Cordilleras creeks, or affect the stability are identified in the SUPPLEMENTARY Bureau of Land Management of Highway 101 and flood control levees INFORMATION. [OR±957±00±1420±BJ: GPO±0149] along Steinberger Slough and Redwood Creeks? DATES: The Committee will meet from Filing of Plats of Survey: Oregon/ 6. How will San Carlos Airport 1:30 pm to 5 pm, on Wednesday, April Washington property on Inner Bair Island be 5, 2000. protected from tidal inundation? AGENCY: Bureau of Land Management. ADDRESSES: The meeting will be held at 7. What impacts will there be to ACTION: Notice. adjacent marinas and the Port of the Rosenstiel School of Marine and Redwood City from increased tidal Atmospheric Science, Cooperative SUMMARY: The plats of survey of the currents? Institute for Marine and Atmospheric following described lands are scheduled 8. What are the risks to low flying Studies (CIMAS) Building, 3rd floor to be officially filed in the Oregon State aircraft from increased waterbird use? conference room, 4600 Rickenbacker Office, Portland, Oregon, thirty (30) 9. How will this project impact the Causeway, Miami, Florida. calendar days from the date of this publication. South Bayside System Authority’s FOR FURTHER INFORMATION CONTACT: pipeline and Pacific Gas and Electric’s Sandra Keppner, U.S. Fish and Wildlife Willamette Meridian towers? Service at 716–691–5456 or by email at Oregon l Public Comments sandra [email protected] or Sharon T. 25 S., R. 1 W., accepted January 27, 2000 Comments already received are on Gross, Executive Secretary, Aquatic T. 29 S., R. 10 W., accepted February 7, 2000 record and need not be resubmitted. All Nuisance Species Task Force at 703– T. 20 S., R. 1 W., accepted February 18, 2000 comments received from individuals on 358–2308 or by e-mail at: T. 14 S., R. 31 E., accepted February 25, 2000 l the EIS/EIR become part of the official sharon [email protected]. T. 19 S., R. 2 W., accepted March 6, 2000 public record. Requests for such Washington SUPPLEMENTARY INFORMATION: Pursuant comments will be handled in to section 10(a)(2) of the Federal T. 27 N., R. 13 W., accepted February 28, accordance with the Freedom of 2000 Advisory Committee Act (5 U.S.C. App. Information Act, the Council on T. 27 N., R. 12 W., accepted February 28, Environmental Quality’s NEPA I), this notice announces a meeting of 2000 regulations (40 CFR 1506.6(f)), and other the Aquatic Nuisance Species Task T. 16 N., R. 19 E., accepted March 6, 2000 Service and Departmental policy and Force Caulpera taxifolia (Mediterranean T. 31 N., R. 11 W., accepted March 6, 2000 procedures. When requested, the strain) Prevention Committee. The Task If protests against a survey, as shown Service generally will provide comment Force was established by the on any of the above plat(s), are received letters with the names and addresses of Nonindigenous Aquatic Nuisance prior to the date of official filing, the the individuals who wrote the Prevention and Control Act of 1990 (16 filing will be stayed pending comments. Telephone numbers of U.S.C. 4701–4741). consideration of the protest(s). A plat commenting individuals, however, will Topics to be addressed at this meeting will not be officially filed until the day not be provided in response to such include: reviewing the roles and after all protests have been dismissed requests to the extent permissible by responsibilities of the committee, and become final or appeals from the law. Additionally, public comment reviewing the draft Prevention Program, dismissal affirmed. letters are not required to contain the reviewing existing authorities that could The plat(s) will be placed in the open commentator’s name, address, or other be used to regulate import of the files of the Oregon State Office, Bureau identifying information. Such comments Mediterranean strain of Caulpera of Land Management, 1515 S.W. 5th may be submitted anonymously to the taxifolia, identifying gaps in the draft Avenue, Portland, Oregon 97201, and Service. Prevention Program, and developing will be available to the public as a matter of information only. Copies of Dated: March 17, 2000. criteria for prioritizing actions in the the plat(s) may be obtained from the Elizabeth H. Stevens, Prevention Program. above office upon required payment. A Acting Manager, California/Nevada Minutes of the meeting will be Operations, Sacramento, California. person or party who wishes to protest maintained by the Executive Secretary, against a survey must file with the State [FR Doc. 00–7168 Filed 3–24–00; 8:45 am] Aquatic Nuisance Species Task Force, Director, Bureau of Land Management, BILLING CODE 4310±55±P Suite 851, 4401 North Fairfax Drive, Portland, Oregon, a notice that they Arlington, Virginia 22203–1622. wish to protest prior to the proposed DEPARTMENT OF THE INTERIOR Minutes for the meetings will be official filing date given above. A available at this location for public statement of reasons for a protest may be Fish and Wildlife Service inspection during regular business filed with the notice of protest to the hours, Monday through Friday. State Director, or the statement of Aquatic Nuisance Species Task Force reasons must be filed with the State Caulpera taxifolia (Mediterranean Dated: March 20, 2000. Director within thirty (30) days after the strain) Prevention Committee Rowan Gould, proposed official filing date. Acting Aquatic Nuisance Species Task Force, The above-listed plats represent AGENCY: Fish and Wildlife Service, Acting Assistant Director—Fisheries. dependent resurveys, survey, and Interior. [FR Doc. 00–7364 Filed 3–24–00; 8:45 am] subdivision. ACTION: Notice of meeting. BILLING CODE 4310±55±M FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice announces a Bureau of Land Management, (1515 meeting of the Caulpera taxifolia S.W. 5th Avenue P.O. Box 2965, (Mediterranean strain) Prevention Portland, Oregon 97208.
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Dated: March 10, 2000. The Navajo Indian Irrigation Project the City of Gallup, the Navajo Nation Robert D. DeViney, Jr., (NIIP) Alternative and the San Juan and the City signed a Memorandum of Branch of Realty and Records Services. River Diversion Alternative. The DEIS Agreement on April 17, 1998, to [FR Doc. 00–7455 Filed 3–24–00; 8:45 am] will examine both of these proposed proceed with planning and developing BILLING CODE 4310±33±M alternatives as well as a Non-Structural the Navajo-Gallup Water Supply Project. Water Conservation Alternative, a No The two parties, working as partners Action Alternative, and any other with the Bureau of Reclamation and the DEPARTMENT OF THE INTERIOR proposed alternatives brought forth as a Bureau of Indian Affairs, propose to result of the public scoping meetings plan, implement environmental Bureau of Reclamation that will be conducted in April and May compliance, secure water supplies, 2000 (See SUPPLEMENTARY INFORMATION obtain Congressional authorization, and Notice of Intent To Prepare a Draft section). construct and operate the Navajo-Gallup Environmental Impact Statement on Reclamation invites other federal Water Supply Project. The project will the Construction and Operation of the agencies, states, Indian Tribes, local serve the residents of the Navajo Nation Navajo-Gallup Water Supply Project governments, and the general public to and the City of Gallup. and Announcement of Public Scoping submit written comments or suggestions Purpose and Need for Action Meetings concerning the scope of the issues to be addressed in the DEIS. This is intended The purpose and need of the AGENCY: Bureau of Reclamation, proposed federal action is to provide a Interior. to meet the public involvement requirements of both NEPA and the long-term, high quality municipal and ACTION: Notice of intent to prepare a National Historic Preservation Act. The industrial water supply to improve the Draft Environmental Impact Statement public is invited to participate in a standard of living for current and future on the construction and operation of the series of scoping meetings that will be populations and to support economic Navajo-Gallup Water Supply Project and held in late April and early May 2000 growth of the Navajo Nation and the announcement of public scoping in New Mexico and Arizona (see City of Gallup. meetings. SUPPLEMENTARY INFORMATION section). Range of Alternatives SUMMARY: The Department of the Those not desiring to submit comments As part of its NEPA analysis, Interior, Bureau of Reclamation, or suggestions at this time, but who Reclamation intends to evaluate the announces its intent to prepare a Draft would like to receive a copy of the DEIS, following alternatives: Environmental Impact Statement (DEIS) should write to the address given below. NIIP Alternative—This alternative pursuant to the National Environmental When the DEIS is complete, its would supply approximately 40,000 Policy Act (NEPA) of 1969, as amended, availability will be announced in the acre-feet of water annually. The water on the Navajo-Gallup Water Supply Federal Register, local news media, and would be diverted from the Navajo Project to supply municipal and through direct contact with interested Reservoir through the Main and industrial water to the New Mexico parties. Comments will be solicited on Burnham Lateral Canals of the NIIP and portion of the Navajo Nation south of the document. delivered to a proposed 8,800 acre-foot the San Juan River and the Window Our practice is to make comments, Moncisco Dam and Reservoir (to be Rock area within Arizona, and the City including names and home addresses of constructed under this alternative). A of Gallup, New Mexico. The DEIS will respondents, available for public treatment plant and pumping station evaluate alternatives for the review. Individual respondents may would be constructed near Moncisco construction and operation of the request that we withhold their home Reservoir. The pipeline alignment Navajo-Gallup Water Supply Project and address from public disclosure, which would run south from the treatment act as the final planning report to we will honor to the extent allowable by plant to an existing natural gas line support a request for construction law. If you want us to withhold your corridor used by the El Paso San Juan authorization. name and/or address, you must state Triangle Mainline and by the A long-term high quality municipal this prominently at the beginning of Transwestern San Juan Lateral System. and industrial water supply is needed to your comment. We will make all The main pipeline route would follow improve the standard of living for submissions from organizations or the gas line corridor to the vicinity of current and future populations and to businesses, and from individuals Twin Lakes where it would turn south support economic growth of the Navajo identifying themselves as to Yah-ta-hey. At Yah-ta-hey, the main Nation and the City of Gallup. The representatives or officials of pipeline would connect to smaller spur Navajo-Gallup Water Supply Project has organizations or businesses, available water lines heading west along Highway evolved as a major infrastructure for public disclosure in their entirety. 64 to Window Rock, Arizona, and south initiative to supply approximately DATES AND LOCATIONS: See along Highway 666 to the City of 40,000 acre-feet of municipal and SUPPLEMENTARY INFORMATION section Gallup, and surrounding areas. Three industrial water annually from the San meeting dates and locations. other spur pipelines would connect to Juan River to meet these needs. To FOR FURTHER INFORMATION CONTACT: Mr. the mainline. They would include a achieve this initiative, the following Rege Leach, Bureau of Reclamation, pipeline from Naschitti north along organizations have worked closely in a Western Colorado Area Office, 835 East Highway 666 to Sanostee, pipeline from cooperative effort: the Navajo Nation Second Avenue, Suite 300, Durango, Twin Lakes east along Indian Route 9 to Department of Water Resources, Colorado 81301; telephone (970) 385– Dalton Pass, and a pipeline from the Northwest New Mexico Council of 6553; faxogram (970) 385–6539; E-mail: treatment plant along Highway 44 to Governments, City of Gallup, Bureau of [email protected]. Nageezi and then south to Torreon. Indian Affairs, and the Bureau of SUPPLEMENTARY INFORMATION: Storage tanks and rechlorination Reclamation. facilities would be included in the Two structural alternatives for the Background project. Navajo-Gallup Water Supply Project are Recognizing the severe water supply San Juan River Diversion currently under study and proposed: problems facing the Navajo Nation and Alternative—This alternative would
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APPENDIX.ÐPETITIONS INSTITUTED ON 02/22/2000
Date of peti- TA±W Subject firm (petitioners) Location tion Product(s)
37,357 ...... Alliant Tech Systems (Wrks) ...... Totowa, NJ ...... 02/01/2000 Tank Ammunition for US Military. 37,358 ...... Epson Portland, Inc (Wrks) ...... Hillsboro, OR ...... 02/11/2000 Printers. 37,359 ...... General Electric Co (IUE) ...... Warwick, RI ...... 02/08/2000 Programable Lighting. 37,360 ...... Geo Drilling Fluids (Wrks) ...... Bakersfield, CA ...... 01/13/2000 Drilling Fluids. 37,361 ...... Motch Corp./MGS, Inc (IAM/Co) ...... Cleveland, OH ...... 02/09/2000 Vertical Chuckers & Inverted Self Loader. 37,362 ...... Jasper Sportswear Corp (Comp) ..... Brooklyn, NY ...... 02/01/2000 Ladies' Knitted Outerwear. 37,363 ...... George Bassi Distributing (IBT) ...... Watsonville, CA ...... 02/07/2000 Wooden Pallets. 37,364 ...... Robinson Manufacturing (Wrks) ...... Madisonville, TN ...... 02/02/2000 Shorts and Shirts. 37,365 ...... Borg-Warner Automative (Wrks) ...... Blytheville, AR ...... 01/25/2000 Transmission Solenoids. 37,366 ...... California Shirt Sales (Comp) ...... Fullerton, CA ...... 01/26/2000 Fleece Pants, Crewneck Shirts. 37,367 ...... KeyBank USA NA (Wrks) ...... Albany, NY ...... 02/01/2000 Collect Auto Loans. 37,368 ...... ITT Jabsco (IBT) ...... Springfield, OH ...... 01/03/2000 Recreational & Marine Products. 37,369 ...... Ikeda Interior Systems (Wrks) ...... Sidney, OH ...... 02/03/2000 Seats for Nissan. 37,370 ...... Lees Curtain (Wrks) ...... Mansfield, MO ...... 02/01/2000 Curtains for Windows. 37,371 ...... Burlington Industries (Wrks) ...... Belmont, NC ...... 01/07/2000 Fabrics. 37,372 ...... Deer Valley Apparel, Inc (Wrks) ...... Chilhowie, VA ...... 01/28/2000 Knitted Apparel. 37,373 ...... Sawdust Pencil Co (Comp) ...... Edison, NJ ...... 02/14/2000 Pencils and Markers. 37,374 ...... T and K Manufacturing (Comp) ...... Brownstown, PA ...... 02/07/2000 Underwear and OuterwearÐMen, Women. 37,375 ...... Mitec Wireless, Inc (Comp) ...... Tinton Falls, NJ ...... 01/21/2000 Micro Basestations, Radio Fre- quency Amp. 37,376 ...... Oneida Limited (Wrks) ...... Sherrill, NY ...... 02/04/2000 Oneida Flatware. 37,377 ...... Duro Finishing (UNITE) ...... Fall River, MA ...... 02/09/2000 Dye and Finishing Cloth. 37,378 ...... Bugbee and Niles Co., Inc (Comp) .. Providence, RI ...... 02/10/2000 Costume Jewelry. 37,379 ...... Emerson Electric Co (Wrks) ...... Rogers, AR ...... 02/03/2000 Electric Motors. 37,380 ...... American Sewn Products (Wrks) ..... Bremerton, WA ...... 02/08/2000 Customize Bags. 37,381 ...... U.S. Leather (IBT) ...... Milwaukee, WI ...... 02/04/2000 Process Leather. 37,382 ...... Alaska Petroleum (Wrks) ...... Kenai, AK ...... 11/12/1999 Oil and Gas Equipment.
[FR Doc. 00–7476 Filed 3–24–00; 8:45 am] for workers of the subject firm. New Signed at Washington, DC this 20th day of BILLING CODE 4510±30±M information shows that worker March 2000. separations are occurring at the Grant D. Beale, Albertville Plant, Albertville, Alabama Program Manager, Division of Trade DEPARTMENT OF LABOR location of Cluett, Peabody and Adjustment Assistance. Company, Inc. The workers are engaged [FR Doc. 00–7485 Filed 3–24–00; 8:45 am] Employment and Training in employment related to the BILLING CODE 4510±30±M Administration production of men’s shirts. [TA±W±36±647 and TA±W±36±647C] Accordingly, the Department is amending the certification to cover DEPARTMENT OF LABOR Cluett, Peabody and Company, Inc., workers of Cluett, Peabody and The Enterprise Plant, Enterprise, AL Company, Inc., Albertville Plant, Employment and Training and Albertville, AL; Amended Albertville, Alabama. Administration Certification Regarding Eligibility To The intent of the Department’s Apply for Worker Adjustment certification is to include all workers of [TA±W±35,024] Assistance Cluett, Peabody and Company, Inc. In accordance with section 223 of the adversely affected by increased imports Condor DC Power Supplies, Inc., The Trade Act of 1974 (19 USC 2273) the of men’s shirts. Todd Products Group, Brentwood, Department Labor issued a Certification The amended notice applicable to New York; Amended Certification of Eligibility to Apply for Worker TA–W–36,647 is hereby issued as Regarding Eligibility To Apply for Adjustment Assistance on September follows: Worker Adjustment Assistance 16, 1999, applicable to workers of Cluett, Peabody and Company, Inc., the All workers of Cluett, Peabody and In accordance with Section 223 of the Company, Inc., The Enterprise Plant, Enterprise Plant, Enterprise, Alabama, Trade Act of 1974 (19 U.S.C. 2273) the Enterprise, Alabama (TA–W–36,647) and Department of Labor issued a the Austell Plant, Austell, Georgia and Albertville Plant, Albertville, Alabama (TA– Certification of Eligibility to Apply for New York, New York. The notice was W–36,647C) who became totally or partially published in the Federal Register on separated from employment on or after Worker Adjustment Assistance on October 14, 1999 (64 FR 55750). August 10, 1998 through September 16, 2001 November 9, 1998, applicable to At the request of the company, the are eligible to apply for adjustment assistance workers of Todd Products Corporation, Department reviewed the certification under Section 223 of the Trade Act of 1974. Brentwood, New York. The notice was
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[TA±W±35,557] DEPARTMENT OF LABOR Investigations Regarding Certifications of Eligibility To Apply for Worker Freeport-McMoRan Sulphur, L.L.C., Employment and Training Adjustment Assistance Culberson Mine, a.k.a. McMoRan Administration Exploration Co., Pecos, TX, Including Petitions have been filed with the [TA±W±35,886, TA±W±35,886A, TA±W±886B Secretary of Labor under Section 221(a) Leased Workers of Pecos Valley Field and TA±W35,886C] Services, Inc., Pecos, Texas; Amended of the Trade Act of 1974 (‘‘the Act’’) and Certification Regarding Eligibility To Justin Boot Company, Justin are identified in the Appendix to this Apply for Worker Adjustment Management Company, Sarcoxie, MO, notice. Upon receipt of these petitions, Assistance et al.; Amended Certification the Director of the Division of Trade Regarding Eligibility To Apply for Adjustment Assistance, Employment In accordance with section 223 of the Worker Adjustment Assistance and Training Administration, has Trade Act of 1974 (19 U.S.C. 2273) the instituted investigations pursuant to U.S. Department of Labor issued a In accordance with section 223 of the Section 221(a) of the Act. Certification of Eligibility to Apply for Trade Act of 1974 (19 U.S.C. 2273) the The purpose of each of the Worker Adjustment Assistance on April Department of Labor issued a investigations is to determine whether 5, 1999 applicable to workers of Certification of Eligibility to Apply for the workers are eligible to apply for Freeport-McMoRan Sulphur, L.L.C., Worker Adjustment Assistance on July adjustment assistance under Title II, Culberson Mine, Pecos, Texas, 20, 1999, applicable to workers of Justin Chapter 2, of the Act. The investigations including leased workers of Pecos Boot Company, Sarcoxie, Missouri, will further relate, as appropriate, to the Valley Field Services, Inc., Pecos, Texas. Cassville, Missouri, Carthage, Missouri determination of the date on which total
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APPENDIX.ÐPETITIONS INSTITUTED ON 02/28/2000
Date of peti- TA±W Subject firm (petitioners) Location tion Product(s)
37,383 ...... Philadelphia Gear Corp. (IAMAW) ... King of Prussia, PA ...... 02/07/2000 Gears & Gear BoxesÐPower Transmissions. 37,384 ...... FNA Acquisitions (Co.) ...... Mooresville, NC ...... 02/11/2000 Textile Prints & Dyed Fabrics. 37,385 ...... Kryptonite Corporation (Co.) ...... Canton, MA ...... 01/11/2000 LocksÐMotorcycle and Bicycle. 37,386 ...... Southside Sportswear (Co.) ...... Florence, SC ...... 02/15/2000 Shirts, Tank Tops, Shorts, Pants. 37,387 ...... Timbergon (Wkrs) ...... Redmond, OR ...... 02/10/2000 Door and Window Jambs. 37,388 ...... Sullivan Die Casting (Wkrs) ...... Kenilworth, NJ ...... 02/09/2000 Auto Mirror Castings, Sunroof Cast- ings. 37,389 ...... Langenberg Hat (Wkrs) ...... New Haven, MO ...... 02/11/2000 Hats and Caps. 37,390 ...... Target (Wkrs) ...... Mt. Carmel, IL ...... 02/18/2000 Retail Store. 37,391 ...... Hewlett Packard (Wkrs) ...... San Jose, CA ...... 02/08/2000 Opticouplers. 37,392 ...... Alphabet (UNITE) ...... El Paso, TX ...... 02/10/2000 Wiring Harness. 37,393 ...... Preston Trucking Co. (GT) ...... Pittsburgh, PA ...... 02/11/2000 TruckingÐGeneral Freight. 37,394 ...... Corporate Expressions (Co.) ...... Salisbury, NC ...... 02/14/2000 Golf Shirts, Athletic Wear. 37,395 ...... Johnson Matthey/Allied (Wkrs) ...... Chippewa Falls, WI ...... 02/15/2000 Plastic Laminated Semiconductor Packages. 37,396 ...... Elliott Corporation (Wkrs) ...... Gillett, WI ...... 02/10/2000 Safety Clothing. 37,397 ...... Katz Lace Corp. (Wkrs) ...... New York, NY ...... 02/08/2000 Lace. 37,398 ...... Kenro, Inc. (Co.) ...... Fredonia, WI ...... 02/17/2000 Fiberglass. 37,399 ...... Tanner Companies Limited (Co.) ..... Rutherfordton, NC ...... 02/16/2000 Ladies' Apparel.
[FR Doc. 00–7477 Filed 3–24–00; 8:45 am] instituted investigations pursuant to Interested persons are invited to BILLING CODE 4510±30±M Section 221(a) of the Act. submit written comments regarding the The purpose of each of the subject matter of the investigations to investigations is to determine whether the Director, Division of Trade DEPARTMENT OF LABOR the workers are eligible to apply for Adjustment Assistance, at the address adjustment assistance under Title II, shown below, not later than April 6, Employment and Training Chapter 2, of the Act. The investigations 2000. Administration will further relate, as appropriate, to the The petitions filed in this case are Investigations Regarding Certifications determination of the date on which total available for inspection at the Office of of Eligibility To Apply for Worker or partial separations began or the Director, Division of Trade Adjustment Assistance threatened to begin and the subdivision Adjustment Assistance, Employment of the firm involved. and Training Administration, U.S. Petitions have been filed with the The petitioners or any other persons Department of Labor, 200 Constitution Secretary of Labor under Section 221(a) showing a substantial interest in the Avenue, NW., Washington, DC 20210. of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations may are identified in the Appendix to this request a public hearing, provided such Signed at Washington, DC this 6th day of notice. Upon receipt of these petitions, request is filed in writing with the March, 2000. the Director of the Division of Trade Director, Division of Trade Adjustment Grant D. Beale, Adjustment Assistance, Employment Assistance, at the address show below, Program Manager, Division of Trade and Training Administration, has not later than April 6, 2000. Adjustment Assistance.
APPENDIX.ÐPETITIONS INSTITUTED ON 03/06/2000
Date of peti- TA±W Subject firm (petitioners) Location tion Product(s)
37,400 Renfro Corp. (Wkrs) ...... South Pittsburg, IN ...... 02/17/2000 Package Socks. 37,401 Arbor Acres (Wkrs) ...... Carthage, MS ...... 02/12/2000 Breeder Stock for Poultry. 37,402 Midas International (Wkrs) ...... Bedford, IL ...... 02/05/2000 Mufflers, Pipes, Brackets. 37,403 R. Kaye Ltd (Co.) ...... New York, NY ...... 02/16/2000 Rhinestone Buttons and Buckles. 37,404 Border Apparel Laundry (UNITE) ...... El Paso, TX ...... 02/11/2000 Jeans. 37,405 GCC Cutting, Inc (Wkrs) ...... El Paso, TX ...... 01/14/2000 Garment Cutting.
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APPENDIX.ÐPETITIONS INSTITUTED ON 03/06/2000ÐContinued
Date of peti- TA±W Subject firm (petitioners) Location tion Product(s)
37,406 York International (UAW) ...... Waynesboro, PA ...... 02/15/2000 Oil SeparatorsÐCommercial Refrig- eration. 37,407 Briggs Manufacturing (GMP) ...... Robinson, IL ...... 02/04/2000 Toilet Bowls, Lavatories Tanks. 37,408 RacoÐHubbell (IUE) ...... So. Bend, IN ...... 02/07/2000 Electrical Boxes and Fittings. 37,409 Quaker Oats (UFCW) ...... St. Joseph, MO ...... 02/11/2000 Ready to Eat Cereals. 37,410 Trico Product of Lawrence (Wkrs) ...... Lawrenceburg, TN ...... 01/29/2000 Windshield Wiper Systems. 37,411 Monet Group (The) (Co.) ...... East Providence, RI ...... 02/18/2000 Fashion Jewelry. 37,412 Sun Apparel of Texas (Co.) ...... El Paso, TX ...... 02/22/2000 Jeans, Jackets, Shirts & Shorts. 37,413 Cebeco Lilies (Co.) ...... Aurora, OR ...... 02/16/2000 Lily Bulbs. 37,414 Proper International (Wkrs) ...... Waverly, TN ...... 02/11/2000 Jeans, Shirts and Jackets. 37,415 Parker Drilling Co (Wkrs) ...... Tulsa, OK ...... 02/24/2000 Oil Drilling. 37,416 Triboro Electric Co. (IBEW) ...... Doylestown, PA ...... 02/22/2000 Lighting Components and Switches. 37,417 Microtek Medical (Wkrs) ...... Columbus, MS ...... 02/16/2000 Medical Drapes. 37,418 Baker Atlas (Comp) ...... Prudhoe Bay, AK ...... 02/15/2000 Wireline Logging. 37,419 Compaq Computer (Wrks) ...... Houston, TX ...... 02/08/2000 Printed Circuit Boards. 37,420 Western Gas Resources (Wrks) ...... Midkiff, TX ...... 02/17/2000 Natural Gas Processing. 37,421 Whistler Automation (Comp) ...... Novi, MI ...... 02/26/2000 Electronic Transmitters. 37,422 BTR Sealing Systems (UNITE) ...... Maryville, TN ...... 02/23/2000 Autombile Weatherstripping. 37,423 Warren Leasing (Wrks) ...... New York, NY ...... 01/21/2000 Woven Textiles. 37,424 Pincus Brothers (UNITE) ...... Philadelphia, PA ...... 02/23/2000 Men's Clothing. 37,425 SKF USA, Inc (Wrks) ...... Glasgow, KY ...... 02/24/2000 Hub Bearings. 37,426 Leather Specialty Co/Howg (Comp) ... Sanford, FL ...... 02/22/2000 Tool Cases, Business Cases. 37,427 Kongsberg (Wrks) ...... Livonia, MI ...... 02/15/2000 Foam Seat Heaters. 37,428 Valley Cities Apparel (Wrks) ...... Sayre, PA ...... 01/28/2000 LingerieÐSleepwear. 37,429 Basset Upholstery (Wrks) ...... Dumas, AR ...... 02/22/2000 Furniture. 37,430 Square D Co. (IBEW) ...... OshKosh, WI ...... 02/17/2000 Transformers. 37,431 Magnecomp Corp (Comp) ...... Temecula, CA ...... 02/24/2000 Computer Hard Disk, Drive Suspen- sion. 37,432 Globe Manufacturing Corp (Comp) ..... Fall River, MA ...... 02/24/2000 Extruded Latex Thread. 37,433 Smithville Sportswear (Wrks) ...... Smithville, TN ...... 02/24/2000 Men's and Ladies' Knit Apparel. 37,434 Bula, Inc. (Comp) ...... Durango, CO ...... 02/24/2000 Winter Headwear. 37,435 OshKosh B'Gosh, Inc (Comp) ...... OshKosh, WI ...... 02/23/2000 Men's and Children's Clothing. 37,436 Alliance Labeling (Wrks) ...... Allentown, PA ...... 02/15/2000 Labeled Glass and Plastic Bottles. 37,437 Elliot Turbomachinery (Comp) ...... Jeannette, PA ...... 02/15/2000 Turbines and Compressors.
[FR Doc. 00–7478 Filed 3–24–00; 8:45 am] workers provided engineering, logging apply for adjustment assistance under BILLING CODE 4510±30±M and drilling services related to the Section 223 of the Trade Act of 1974. exploration and production of crude oil Signed at Washington, DC this 10th day of and natural gas. New information March, 2000. DEPARTMENT OF LABOR received from the company shows that Grant D. Beale, in March, 1999, Thomas MWD merged Program Manager, Division of Trade Employment and Training with PathFinder Energy Services and Adjustment Assistance. Administration became known as Thomas Energy [FR Doc. 00–7486 Filed 3–24–00; 8:45 am] [TA±W±37,019] Services, MWD Division, a/k/a BILLING CODE 4510±30±M PathFinder Energy Services. Information Thomas Energy Services, MWD also shows that workers separated from Division, a.k.a. Pathfinder Energy employment at Thomas MWD, a/k/a DEPARTMENT OF LABOR Services, Inc., New Iberia, LA; Pathfinder Energy Services, Inc. had Amended Certification Regarding their wages reported under a separate Employment and Training Eligibility To Apply for Worker unemployment insurance (UI) tax Administration Adjustment Assistance account for Thomas Energy Services, Job Corps: Preliminary Finding of No MWD Division, a/k/a Pathfinder Energy Significant Impact (FONSI) for the In accordance with section 223 of the Services, Inc. Trade Act of 1974 (19 U.S.C. 2273) the Proposed Job Corps Center at the Department of Labor issued a Accordingly, the Department is Gillis W. Long Hansen's Disease Certification of Eligibility to Apply for amending the certification to properly Center, 5445 Point Clair Road, Carville, Worker Adjustment Assistance on reflect this matter. Iberville Parish, LA The amended notice applicable to December 3, 1999, applicable to workers AGENCY: Employment and Training of Thomas MWD, a/k/a Pathfinder TA–W–37,019 is hereby issued as Administration, Labor. Energy Services, Inc., New Iberia, follows: ACTION: Preliminary Finding of No Louisiana. The notice was published in All workers of Thomas Energy Services, Significant Impact (FONSI) for the the Federal Register on December 28, MWD Division, a/k/a Pathfinder Energy proposed Job Corps Center to be located 1999 (64 FR 72692). Services, Inc., New Iberia, Louisiana who at the Gillis W. Long Hansen’s Disease At the request of the State agency, the became totally or partially separated from Center, 5445 Point Clair Road, Carville, Department reviewed the certification employment on or after October 22, 1998 Iberville Parish, Louisiana. for workers of the subject firm. The through December 3, 2001 are eligible to
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SUMMARY: Pursuant to the Council on The proposed Job Corps Center will GWLHDC, including the Job Corps Environmental Quality Regulations (40 provide housing, training, and support Center, is less than 200,000 gallons per CFR part 1500–08) implementing services for 272 resident students. The day. The new buildings to be procedural provisions of the National current facility utilization plan includes constructed for the proposed Job Corps Environmental Policy Act (NEPA), the new dormitories (53,000 square feet), a Center will be tied in to the existing Department of Labor, Employment and heavy vocational building (17,300 GWLHDC water distribution system. Training Administration, Office of Job square feet), a cafeteria building (10,300 The current water treatment facility Corps, in accordance with 29 CFR square feet), administration/medical/ appears more than adequate to support 11.11(d), gives notice that an dental offices (11,200 square feet), the proposed Job Corps Center, and Environmental Assessment (EA) has recreation facilities (18,000 square feet), should only require continued been prepared for a new Job Corps and classroom facilities (21,600 square maintenance and cost effective Center to be located in Carville, feet). upgrades. Louisiana, and that the proposed plan The construction of the Job Corps The new buildings to be constructed for a new Job Corps Center will have no Center on this proposed site would be for the proposed Job Corps Center will significant environmental impact. This a positive asset to the area in terms of also be tied in to the existing GWLHDC Preliminary Finding of No Significant environmental and socioeconomic sewer system for treatment at the Impact (FONSI) will be made available improvements, and long-term GWLHDC wastewater treatment plant. for public review and comment for a productivity. The proposed Job Corps The wastewater treatment plant period of 30 days. Center will be a new source of currently possesses the capacity to DATES: Comments must be submitted by employment opportunity for people in effectively treat up to 150,000 gallons April 26, 2000. the Carville, Louisiana area. The Job per day. Based upon the maximum ADDRESSES: Corps program provides basic estimated site occupancy for all Any comment(s) are to be ± submitted to Eric Luetkenhaus, education, vocational skills training, proposed tenants ( 1,250) and using an Employment and Training work experience, counseling, health established figure of 60 gallons of Administration, U.S. Department of care and related support services. The wastewater production per day per Labor, 200 Constitution Avenue, NW, program is designed to graduate person, the volume of wastewater is Room N–4659, Washington, DC, 20210, students who are ready to participate in estimated at approximately 75,500 (202) 219–5468 ext. 118 (this is not a the local economy. gallons per day. The current system toll-free number). The proposed project will not have should be more than capable of any significant adverse impact on any handling the volume of wastewater FOR FURTHER INFORMATION CONTACT: natural systems or resources. No state or generated by the proposed Job Corps Copies of the EA and additional federal threatened or endangered Center and all other proposed uses of information are available to interested species (proposed or listed) have been the property. parties by contacting Jose M. de on the subject property. Currently, all garbage and solid Olivares, Region VI (Six) Office of Job The Job Corps Center construction wastes generated at the site are disposed Corps, Federal Building Room 403, 525 will not affect any existing historic under a contract with the GWLHDC. All Griffin Street, Dallas, TX 75202, (214) structures on the GWLHDC, and there materials are collected and disposed of 767–2567 (this is not a toll-free are no historic or archeologically in accordance with all federal, state and number). sensitive areas on the proposed property local regulations. No solid waste is SUPPLEMENTARY INFORMATION: This parcel. disposed on site. The proposed Job Environmental Assessment (EA) Air quality and noise levels should Corps Center will continue to use solid summary addresses the proposed not be affected by the proposed waste contractor to provide waste construction of a new Job Corps Center development project. Due to the nature disposal. While the Job Corps Center in Carville, Louisiana. The subject of the proposed project, it would not be may increase the amount of solid waste property for the proposed Job Corps a source of air pollutants or additional generated on-site, this increase will be Center is an approximately 28.8-acre noise, except possibly during accommodated through additional parcel within the approximately 331- construction of the facility. All collection containers (dumpsters) and acre site formally known as the Gillis W. construction activities will be an increased frequency of collection by Long Hansen’s Disease Center conducted in accordance with the contractor. It is not anticipated that (GWLHDC), operated by the United applicable noise and air pollution this added capacity will create a States Department of Health and Human regulations, and all pollution sources significant impact on the ability of Services (HHS). The GWLHDC has been will be permitted in accordance with regional waste handlers to collect and acquired by the State of Louisiana for applicable pollution control regulations. dispose of waste materials in a safe, the purpose of establishing a multi- The proposed Job Corps Center is not timely, and efficient manner. Local off- purpose educational and military expected to significantly increase the site approved disposal facilities should training facility. Planned programs vehicle traffic in the vicinity. not be impacted by the proposed Job include not only a Job Corps, but also The proposed project will not have Corps Center. the Youth Challenge Program and a any significant adverse impact on the Gulf State Utilities provides the military training unit for the Louisiana surrounding water, sewer, and storm primary supply of electricity (a 4,160 Army National Guard (LAARNG). The water management infrastructure. volt power line) to the GWLHDC. The U.S. Department of Labor will be leasing Currently, drinking water at the site is GWLHDC owns and maintains the 208/ the 28.8 acre Job Corps Center site from drawn from two (2) 400-foot wells and 480 volt distribution lines throughout the State of Louisiana. pumped to the GWLHDC water the facility. An engineering review of The EA indicates that an existing golf treatment plant via pipeline. According the existing electrical infrastructure has course located on the east side of the to the GWLHDC, the maximum determined that the existing electrical GWLHDC complex will be utilized for treatment capacity for the water capacity on the GWLHDC is not the 28.8-acre Job Corps Center parcel. treatment plant is 430,000 gallons per adequate to provide electrical service to The new center will require day. The projected usage requirements the new buildings proposed for the Job construction of seven (7) new buildings. for all proposed tenants at the Corps Center, so electrical service will
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Total re- Cite/reference spond- Frequency Total re- Average time per re- Burden ents sponses sponse (hours) hours*
75.1100±3 ...... 1,424 Semi-annually ...... 56,960 2 minutes ...... 1,899 33975.1101±23(a) ...... 339 On occasion ...... 339 30 minutes ...... 170 75.1101±23(c) ...... 1,424 Quarterly ...... 17,088 30 minutes ...... 8,544 75.1103±8 ...... 685 Weekly ...... 178,100 25 minutes ...... 41,558 75.1103±8 (Test) ...... 685 Annually ...... 2,740 15 minutes ...... 685 75.1103±11 ...... 685 Annually ...... 41,100 30 minutes ...... 20,550
Total ...... 296,327 15 minutes ...... 73,406 *Discrepancies due to rounding.
Total Burden Cost (capital/startup) requirements on respondents can be II. Desire Focus of Comments $0. properly assessed. Currently, the Mine Safety and Health Total Burden Cost (operating/ DATES: Submit comments on or before maintaining: $1,695. Administration (MSHA) is soliciting May 26, 2000. comments concerning the proposed Comments submitted in response to ADDRESSES: Send comments to Theresa this notice will be summarized and/or extension of the information collection O’Malley, Program Analysis Officer, related to Underground Retorts. MSHA included in the request for Office of Office of Program Evaluation and Management and Budget approval of the is particularly interested in comments Information Resources, 4015 Wilson which: information collection request; they will Boulevard, Room 715, Arlington, VA • Evaluate whether the proposed also become a matter of public record. 22203–1984. Commenters are collection of information is necessary Dated: March 21, 2000. encouraged to send their comments on for the proper performance of the a computer disk, or via Internet E-mail Theresa M. O’Malley, functions of the agency, including to [email protected], along with an Program Analysis Officer, Program whether the information will have original printed copy. Ms. O’Malley can Evaluation and Information Resources. practical utility; [FR Doc. 00–7473 Filed 3–24–00; 8:45 am] be reached at (703) 235–1470 (voice) or • (703) 235–1563 (facsimile). Evaluate the accuracy of the BILLING CODE 4510±43±M agency’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: proposed collection of information, Theresa O’Malley, Program Analysis including the validity of the DEPARTMENT OF LABOR Officer, Office of Program Evaluation methodology and assumptions used; and Information Resources, U.S. • Mine Safety and Health Administration Department of Labor, Mine Safety and Enhance the quality, utility, and Health Administration, Room 719, 4015 clarity of the information to be Proposed Information Collection Wilson Boulevard, Arlington, VA collected; and Request Submitted for Public 22203–1984. Ms. O’Malley can be • Minimize the burden of the Comment and Recommendations; reached at [email protected] (Internet collection of information on those who Underground Retorts E-mail), (703) 235–1470 (voice), or (703) are to respond, including through the use of appropriate automated, ACTION: Notice. 235–1563 (facsimile). SUPPLEMENTARY INFORMATION: electronic, mechanical, or other SUMMARY: The Department of Labor, as technological collection techniques or part of its continuing effort to reduce I. Background other forms of information technology, paperwork and respondent burden This regulation pertains to the safety e.g., permitting electronic submission of conducts a preclearance consultation requirements to be followed by the mine responses. program to provide the general public operators in the use of underground A copy of the proposed information and Federal agencies with an retorts to extract oil from shale by heat collection request may be viewed on the opportunity to comment on continuing or fire. Prior to ignition of retorts, the Internet by accessing the MSHA Home collections of information in accordance mine operator must submit a written Page (http:///www.msha.gov) and then with the Paperwork Reduction Act of plan indicating the acceptable levels of choosing ‘‘Statutory and Regulatory 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). combustible gases and oxygen; Information’’ and ‘‘Paperwork This program helps to ensure that specifications and location of off-gas Reduction Act Submissions requested data can be provided in the monitoring procedures and equipment; (http:www.msha.gov/regspwork.htm)’’, desired format, reporting burden (time procedures for ignition of retorts and or by contacting the employee listed and financial resources) is minimized, details of area monitoring and alarm above the FOR FURTHER INFORMATION collection instruments are clearly systems for hazardous gases and actions CONTACT section of this notice for a hard understood, and the impact of collection to be taken to assure safety of miners. copy.
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III. Current Actions requirements on respondents can be proposed collection of information, This request for information contains properly assessed. including the validity of the DATES: Submit comments on or before methodology and assumptions used; provisions whereby mine operators can • maintain compliance with the safety of May 26, 2000. Enhance the quality, utility, and clarity of the information to be mining personnel where underground ADDRESSES: Send comments to Theresa retorts are used. O’Malley, Program Analysis Officer, collected; and • Minimize the burden of the Type of Review: Extension. Office of Program Evaluation and collection of information on those who Agency: Mine Safety and Health Information Resources, 4015 Wilson are to respond, including through the Administration. Boulevard, Room 715, Arlington, VA use of appropriate automated, Title: Underground Retorts. 22203–1984. Commenters are electronic, mechanical, or other OMB Number: 1219–0096. encouraged to send their comments on technological collection techniques or Affected Public: Business or other for- a computer disk, or via E-mail to other forms of information technology, profit. [email protected], along with an e.g., permitting electronic submissions Frequency: On occasion. original printed copy. Ms. O’Malley can Cite/Reference/Form/etc: 30 CFR of responses. be reached at (703) 235–1910 (voice) or A copy of the proposed information 57.22401. (703) 235–5551 (facsimile). Total Respondents: 1. collection request may be viewed on the SUPPLEMENTARY INFORMATION: Total Responses: 1. Internet by accessing the MSHA Home Average Time per Response: 160 I. Background Page (http://www.msha.gov) and then hours. choosing ‘‘Statutory and Regulatory Section 101(c) of the Federal Mine Estimated Total Burden Hours: 160 Information: and then ‘‘Paperwork Safety and Health Act of 1977 (Mine hours. Reduction Act Submissions’’ (http:// Total Burden Cost (capital/startup): Act), 30 U.S.C. 811(c), provides that a www.msha.gov/regspwork.htm) or by $0. mine operator or a representative of contacting the employee listed below in Total Burden Cost (operating/ miners may petition the Secretary to the FOR FURTHER INFORMATION CONTACT maintaining): $0. modify the application of a mandatory section of this notice. Comments submitted in response to safety standard. A petition for III. Current Actions this notice will be summarized and/or modification may be granted if the included in the request for Office of Secretary of Labor (Secretary) Each petition for modification must Management and Budget approval of the determines: (1) That an alternative be investigated by MSHA on a mine-by- information collection request; they will method of achieving the results of the mine basis and a decision reached on also become a matter of public record. standard exists and that it will the merits. A mine operator may only guarantee, at all times, no less than the request modification of one mandatory Dated: March 21, 2000. same measure of protection for the safety standard per petition. However, a Theresa O’Malley, miners affected as that afforded by the mine operator may file a petition for Program Analysis Officer, Program standard; or (2) that the application of more than one mine by showing that Evaluation and Information Resources. the standard will result in a diminution identical issues of law and fact exist for [FR Doc. 00–7474 Filed 3–24–00; 8:45 am] of safety to the miners affected. each mine. BILLING CODE 4510±43±M Petitions for Modification must be in Type of Review: Extension. writing and contain the petitioner’s Agency: Mine Safety and Health name and address, the mailing address Administration. DEPARTMENT OF LABOR and mine identification number of the Title: Petitions for Modification of mine or mines affected, the mandatory Mandatory Safety Standards. Mine Safety and Health Administration safety standard to which the petition is OMB Number: 1219–0065. Affected Public: Business or other for- Proposed Information Collection directed, a concise statement of the modification requested; a detailed profit institutions. Request Submitted for Public Frequency: On occasion. Comment and Recommendations; statement of the facts that show the grounds upon which a modification is Cite/Reference/Form/etc: 30 CFR 44.9, Petitions for Modification of Mandatory 44.10, and 44.11 Safety Standards claimed or warranted; and, if the petitioner is a mine operator, the Total Respondents: 140 mine identity of any representative of miners operators. ACTION: Notice. Total Responses: 110. at the affected mine. SUMMARY: The Department of Labor, as Average Time per Response: 40 hours. Estimated Total Burden Hours: 4,400 part of its continuing effort to reduce II. Desired Focus of Comments hours. paperwork and respondent burden Currently, the Mine Safety and Health Estimated Total Burden Cost: conducts a preclearance consultation Administration (MSHA) is soliciting $150,420. program to provide the general public comments concerning the proposed Comments submitted in response to and Federal agencies with an extension of the information collection this notice will be summarized and/or opportunity to comment on proposed related to the Petitions for Modification. included in the request for Office of and/or continuing collections of MSHA is particularly interested in Management and Budget approval of the information in accordance with the comments which: • information collection request; they will Paperwork Reduction Act of 1995 Evaluate whether the proposed also become a matter of public record. (PRA95) (44 U.S.C. 3506(c)(2)(A)). This collection of information is necessary program helps to ensure that requested for the proper performance of the Dated: March 21, 2000. data can be provided in the desired functions of the agency, including Theresa M. O’Malley, format, reporting burden (time and whether the information will have Program Analysis Officer, Program financial resources) is minimized, practical utility; Evaluation and Information Resources. collection instruments are clearly • Evaluate the accuracy of the [FR Doc. 00–7475 Filed 3–24–00; 8:45 am] understood, and the impact of collection agency’s estimate of the burden of the BILLING CODE 4510±43±M
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NATIONAL AERONAUTICS AND —Subcommittee Reports conducting a review of its records SPACE ADMINISTRATION It is imperative that the meeting be scheduling and appraisal policies and process. NARA invites comment on a Notice [00±028] held on these dates to accommodate the scheduling priorities of the key proposed Work Plan for Stage I NASA Advisory Council (NAC), Aero- participants. supporting this Scheduling and Appraisal Project. Work under this Space Technology Advisory Dated: March 21, 2000. Committee (ASTAC); Meeting proposed Plan includes: Matthew M. Crouch, 1. Developing a methodology for AGENCY: National Aeronautics and Advisory Committee Management Officer, gathering information from customers Space Administration. National Aeronautics and Space (Federal agencies, including NARA Administration. ACTION: Notice of meeting. staff, and the public); [FR Doc. 00–7414 Filed 3–24–00; 8:45 am] 2. Developing data gathering tools SUMMARY: In accordance with the BILLING CODE 7510±01±U such as customer surveys and focus Federal Advisory Committee Act, Public group sessions; Law 92–463, as amended, the National 3. Performing the information Aeronautics and Space Administration NATIONAL AERONAUTICS AND collections; announces a forthcoming meeting of the SPACE ADMINISTRATION 4. Analyzing the data gathered; and, NASA Advisory Council, Aero-Space [Notice (00±029)] 5. Analyzing a number of policy Technology Advisory Committee. issues relating to scheduling and DATES: Wednesday, April 12, 2000, 1 Notice of Prospective Patent License appraising Federal records. p.m. to 5 p.m.; and Thursday, April 13, The Draft Work Plan is available at 2000, 8:30 a.m. to 5 p.m. AGENCY: National Aeronautics and http://www.nara.gov/records/sap/ Space Administration. ADDRESSES: Holiday Inn, Rosslyn DATES: Comments must be received by Westpark Hotel, 1900 North Fort Myer ACTION: Notice of prospective patent April 11, 2000. Drive, Arlington, Virginia 22209; and license. ADDRESSES: Paper copies of the National Aeronautics and Space document are also available from the SUMMARY: NASA hereby gives notice Administration, Room 6H46, 300 E contact person in FOR FURTHER that Horton’s Orthotic Lab, Inc., of Little Street, SW, Washington, DC 20546. INFORMATION CONTACT section of this Rock, Arkansas, has applied for an notice. FOR FURTHER INFORMATION CONTACT: Ms. exclusive license for the field of use in Send comments electronically in the Mary-Ellen McGrath, Office of Aero- orthotics and prosthetics of the body of the message to Space Technology, National invention disclosed in NASA Case No. [email protected]. Comments may Aeronautics and Space Administration, MFS–31258 entitled ‘‘Releasable also be mailed to Scheduling and Washington, DC 20546 (202/358–4729). Conical Roller Clutch’’ which has been Appraisal Project Comments, Rm 4100, SUPPLEMENTARY INFORMATION: The April assigned to the United States of America National Archives at College Park, 8601 12, 2000, meeting will be a Joint Aero- as represented by the Administrator of Adelphi Road, College Park, MD 20740– Space Technology Advisory Committee the National Aeronautics and Space 6001 or faxed to 301 713–7270. (ASTAC) and Research, Engineering and Administration. Written objections to Development (R,E&D) Advisory the prospective grant of a license should FOR FURTHER INFORMATION CONTACT: Committee session. The meeting will be be sent to Mr. James J. McGroary, Patent Susan Cummings by email at open to the public up to the seating Counsel/LS01, Marshall Space Flight [email protected] or by capacity of the room. Center, Huntsville, AL 35812. telephone at 301 713–7360, ext. 238. SUPPLEMENTARY INFORMATION: The agenda for the meeting is as DATES: Responses to this notice must be This follows: received by May 26, 2000. notice is also published in the Commerce Business Daily. Wednesday, April 12—Holiday Inn, FOR FURTHER INFORMATON CONTACT: Ms. Rosslyn Westpark Hotel Caroline Wang, Mail Code CD30, Lewis J. Bellardo, —Opening Comments for Joint Aero- Marshall Space Flight Center, Deputy Archivist of the United States. Space Technology Advisory Huntsville, AL 35812; telephone 256– [FR Doc. 00–7438 Filed 3–24–00; 8:45 am] Committee (ASTAC) and Research, 544–3887. BILLING CODE 7515±01±P Engineering and Development Dated: March 21, 2000. (R,E&D) Advisory Committee Edward A. Frankle, —Icing Research Overview General Counsel. NUCLEAR REGULATORY —Small Aircraft Transportation System [FR Doc. 00–7415 Filed 3–24–00; 8:45 am] COMMISSION (SATS) Report BILLING CODE 7510±01±U [Docket No. 50±247] —Air Traffic Management Steering Committee Report Consolidated Edison Company of New —Aviation Systems After Next R&D NATIONAL ARCHIVES AND RECORDS York, Inc.; Notice of Consideration of Planning ADMINISTRATION Issuance of Amendment to Facility Thursday, April 13—National Operating License, Proposed No Aeronautics and Space Administration NARA Scheduling and Appraisal Significant Hazards Consideration Review Determination, and Opportunity for a —Aero-Space Technology Overview Hearing —Intelligent Synthesis Environment AGENCY: National Archives and Records (ISE) Briefing Administration (NARA). The U.S. Nuclear Regulatory —Revolutionary Concepts (REVCON) ACTION: Notice; request for comment. Commission (the Commission) is Selection Report considering issuance of an amendment —High-Speed Research Program Status SUMMARY: The National Archives and to Facility Operating License No. DPR– —University Strategy Update Records Administration (NARA) is 26 issued to Consolidated Edison
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Company of New York, Inc. (the [* * *] consequences of an accident of issuance and provide for opportunity licensee) for operation of the Indian previously evaluated. for a hearing after issuance. The Point Nuclear Generating Unit No. 2, 2. Does the proposed amendment Commission expects that the need to located in Westchester County, New create the possibility of a new or take this action will occur very York. different kind of accident from any infrequently. The proposed amendment would accident previously evaluated? Written comments may be submitted revise Technical Specifications (TSs) No. The proposed changes facilitate by mail to the Chief, Rules and associated with probes used in steam the application of current diagnostic Directives Branch, Division of generator tube inspections, specifically techniques. The safety analysis of the Administrative Services, Office of TS Section 4.13.A.3.f. The proposed facility remains complete and accurate. Administration, U.S. Nuclear Regulatory change would provide more flexibility There are no physical changes to the Commission, Washington, DC 20555– in the type of probe used and to reflect facility and the plant conditions for 0001, and should cite the publication current technological advances in which the design basis accidents have date and page number of this Federal inspection equipment, while still been evaluated are still valid. The Register notice. Written comments may maintaining the current 610-mil operating procedures and emergency also be delivered to Room 6D59, Two diameter probe restriction. procedures are unaffected. White Flint North, 11545 Rockville Before issuance of the proposed Consequently no new failure modes are Pike, Rockville, Maryland, from 7:30 license amendment, the Commission introduced as a result of the proposed a.m. to 4:15 p.m. Federal workdays. will have made findings required by the change. Therefore, the proposed Copies of written comments received Atomic Energy Act of 1954, as amended changes would not create the possibility may be examined at the NRC Public (the Act) and the Commission’s of a new or different kind of accident Document Room, the Gelman Building, regulations. from any accident previously evaluated. 2120 L Street, NW., Washington, DC. The Commission has made a 3. Does the proposed amendment The filing of requests for hearing and proposed determination that the involve a significant reduction in a petitions for leave to intervene is amendment request involves no margin of safety? discussed below. significant hazards consideration. Under No. The proposed changes facilitate By April 26, 2000, the licensee may the Commission’s regulations in 10 CFR the application of current diagnostic file a request for a hearing with respect 50.92, this means that operation of the techniques. Since there are no changes to issuance of the amendment to the facility in accordance with the proposed to the operation of the facility or the subject facility operating license and amendment would not (1) involve a physical design, the Updated Final any person whose interest may be significant increase in the probability or Safety Analysis Report (UFSAR) design affected by this proceeding and who consequences of an accident previously basis, accident assumptions, or wishes to participate as a party in the evaluated; or (2) create the possibility of Technical Specification Bases are not proceeding must file a written request a new or different kind of accident from affected. Therefore, the proposed for a hearing and a petition for leave to any accident previously evaluated; or changes do not involve a significant intervene. Requests for a hearing and a (3) involve a significant reduction in a reduction in margin of safety. petition for leave to intervene shall be margin of safety. As required by 10 CFR The NRC staff has reviewed the filed in accordance with the 50.91(a), the licensee has provided its licensee’s analysis and, based on this Commission’s ‘‘Rules of Practice for analysis of the issue of no significant review, it appears that the three Domestic Licensing Proceedings’’ in 10 hazards consideration, which is standards of 50.92(c) are satisfied. CFR Part 2. Interested persons should presented below: Therefore, the NRC staff proposes to consult a current copy of 10 CFR 2.714 The proposed changes do not involve determine that the amendment request which is available at the Commission’s a significant hazards consideration involves no significant hazards Public Document Room, the Gelman because: consideration. Building, 2120 L Street, NW., 1. Does the proposed license The Commission is seeking public Washington, DC, and accessible amendment involve a significant comments on this proposed electronically through the ADAMS increase in the probability or determination. Any comments received Public Electronic Reading Room link at consequences of an accident previously within 30 days after the date of the NRC Web site (http://www.nrc.gov). evaluated? publication of this notice will be If a request for a hearing or petition for No. The proposed changes facilitate considered in making any final leave to intervene is filed by the above the application of current diagnostic determination. date, the Commission or an Atomic techniques. The changes involve Normally, the Commission will not Safety and Licensing Board, designated updating Section 4.13.A.3.f, to permit issue the amendment until the by the Commission or by the Chairman more flexibility in the eddy current expiration of the 30-day notice period. of the Atomic Safety and Licensing probes used in steam generator tube However, should circumstances change Board Panel, will rule on the request inspection and to reflect current during the notice period such that and/or petition; and the Secretary or the technological advances in inspection failure to act in a timely way would designated Atomic Safety and Licensing equipment, while still maintaining the result, for example, in derating or Board will issue a notice of hearing or 610-mil diameter probe restriction. shutdown of the facility, the an appropriate order. These changes do not affect possible Commission may issue the license As required by 10 CFR 2.714, a initiating events for accidents amendment before the expiration of the petition for leave to intervene shall set previously evaluated or alter the 30-day notice period, provided that its forth with particularity the interest of configuration or operation of the final determination is that the the petitioner in the proceeding, and facility. The Limiting Safety System amendment involves no significant how that interest may be affected by the Settings and Safety Limits specified in hazards consideration. The final results of the proceeding. The petition the current Technical Specifications determination will consider all public should specifically explain the reasons remain unchanged. Therefore, the and State comments received. Should why intervention should be permitted proposed changes would not involve a the Commission take this action, it will with particular reference to the significant increase in the probability or publish in the Federal Register a notice following factors: (1) The nature of the
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Administrative Services Division, (202) ADDRESSES: Send or deliver comments The Company’s application relates 606–0623. to Ronald W. Melton, Chief, Operations solely to the withdrawal of the Office of Personnel Management. Support Division, Retirement and Securities from listing and registration Insurance Service, U.S. Office of on the NYSE and shall have no effect Janice R. Lachance, Personnel Management, 1900 E Street, upon the Securities’ continued Director. NW, Room 3349, Washington, DC designation for quotation and trading on [FR Doc. 00–7440 Filed 3–24–00; 8:45 am] 20415–3540. the Nasdaq. By reason of Section 12(g) BILLING CODE 6325±01±U FOR INFORMATION REGARDING of the Act 6 and the rules and ADMINISTRATIVE COORDINATION CONTACT: regulations of the Commission thereunder, the Company shall continue OFFICE OF PERSONNEL Cyrus S. Benson, Sr., Management Analyst, Budget & Administrative to be obligated to file reports with the MANAGEMENT Services Division, (202) 606–0623. Commission required by Section 13 of the Act.7 Proposed Collection; Comment Office of Personnel Management. Any interested person may, on or Request for Reclearance of an Janice R. Lachance, before April 11, 2000, submit by letter Information Collection Director. to the Secretary of the Securities and AGENCY: Office of Personnel [FR Doc. 00–7441 Filed 3–24–00; 8:45 am] Exchange Commission, 450 Fifth Street, Management. BILLING CODE 6325±01±U N.W., Washington, D.C. 20549–0609, facts bearing upon whether the ACTION: Notice. application has been made in SUMMARY: In accordance with the SECURITIES AND EXCHANGE accordance with the rules of the NYSE Paperwork Reduction Act of 1995 COMMISSION and what terms, if any, should be (Public Law 104–13, May 22, 1995), this [File No. 1±8037] imposed by the Commission for the notice announces that the Office of protection of investors. The Personnel Management (OPM) intends Issuer Delisting; Notice of Application Commission, based on the information to submit to the Office of Management To Withdraw From Listing and submitted to it, will issue an order and Budget a request for reclearance of Registration (Aeroflex Incorporated, granting the application after the date an information collection. Standard Common Stock, Par Value $.10, and mentioned above, unless the Form 3112, CSRS/FERS Documentation Preferred Share Purchase Rights) Commission determines to order a in Support of Disability Retirement hearing on the matter. March 21, 2000. Application, collects information from For the Commission, by the Division of Areoflex Incorporated (‘‘Company’’) applicants for disability retirement so Market Regulation, pursuant to delegated that OPM can determine whether to has filed an application with the authority.8 Securities and Exchange Commission approve a disability retirement. The Jonathan G. Katz, (‘‘Commission’’), pursuant to Section applicant will only complete Standard Secretary. 12(d) of the Securities Exchange Act of Forms 3112A and 3112C. Standard 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) 2 [FR Doc. 00–7436 Filed 3–24–00; 8:45 am] Forms: 3112B, 3112D, and 3112E will be thereunder, to withdraw the securities BILLING CODE 8010±01±M completed by the immediate supervisor described above (‘‘Securities’’) 3 from and the employing agency of the listing and registration on the New York applicant. SECURITIES AND EXCHANGE Stock Exchange,Inc. (‘‘NYSE’’). Comments are particularly invited on: The Securities, which have been COMMISSION whether this collection of information is listed and registered on the NYSE [File No. 1±9997] necessary for the proper performance of pursuant to Section 12(b) 4 of the Act, functions of the Office of Personnel have become registered under Section Issuer Delisting; Notice of Application Management, and whether it will have 12(g) of the Act,5 pursuant to a To Withdraw From Listing and practical utility; whether our estimate of Registration Statement filed with the Registration (Koger Equity, Inc., the public burden of this collection of Commission on Form 8–A which Common Stock, Par Value $.01 per information is accurate, and based on became effective on March 20, 2000. Share) valid assumptions and methodology; The Securities have been designated for March 21, 2000. and ways in which we can minimize the quotation on the National Market of the Koger Equity, Inc. (‘‘Company’’), has burden of the collection of information Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), filed an application with the Securities on those who are to respond, through and trading in the Securities on the and Exchange Commission the use of appropriate technological Nasdaq is scheduled to commence at the (‘‘Commission’’), pursuant to Section collection techniques or other forms of opening of business on March 21, 2000. information technology. The Company has stated that it has 12(d) of the Securities Exchange Act of 1 Approximately 12,100 Standard Form complied with the Rules of the NYSE 1934 (‘‘Act’’) and Rule 12d2–2(d) 2 3112, SF 3112A and SF 3112C will be governing the withdrawal of its Security thereunder, to withdraw the security completed annually. The SF 3112A from listing and registration on the described above (‘‘Security’’) from requires approximately 30 minutes to NYSE and that the NYSE in turn has listing and registration on the American complete and the SF 3112C requires indicated that it will not oppose such Stock Exchange LLC (‘‘Amex’’). approximately 60 minutes to complete. withdrawal. The Security, which has been listed The annual burden is 12,775 hours. registered on the Amex, has recently For copies of this proposal, contact 1 15 U.S.C. 78l(d). become listed and registered on the New Mary Beth Smith-Toomey on (202) 606– 2 17 CFR 240.12d2–2(d). 6 8358, or E-mail to [email protected] 3 The Preferred Share Purchase Rights currently Id. are attached to and trade together with shares of the 7 15 U.S.C. 78m. DATES: Comments on this proposal Common Stock. 8 17 CFR 200.30–3(a)(1). should be received on or before May 26, 4 15 U.S.C. 78l(b). 1 15 U.S.C. 78l(d). 2000. 5 15 U.S.C. 78l(g). 2 17 CFR 240.12d2–2(d).
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York Stock Exchange, Inc. (‘‘NYSE’’), SECURITIES AND EXCHANGE N.W., Washington, D.C. 20549–0609, under a Registration Statement, filed COMMISSION facts bearing upon whether the application has been made in with the Commission on Form 8–A, [File No. 1±12811] which became effective on March 6, accordance with the rules of the Amex 2000. Trading in the Security Issuer Delisting; Notice of Application and what terms, if any, should be commenced on the NYSE, and was To Withdraw From Listing and imposed by the Commission for the simultaneously suspended on the Registration (U.S.B. Holding Co., Inc., protection of investors. The Amex, at the opening of business on Common Stock, Par Value $.01 per Commission, based on the information March 9, 2000. Share) submitted to it, will issue an order granting the application after the date The Company has stated that it has March 21, 2000. mentioned above, unless the complied with Amex Rules relating to U.S.B. Holding Co., Inc. (‘‘Company’’), Commission determines to order a the withdrawal of its Security, and that has filed an application with the hearing on the matter. the Amex in turn has indicated that it Securities and Exchange Commission For the Commission, by the Division does not oppose such withdrawal. In (‘‘Commission’’), pursuant to Section of Market Regulation, pursuant to obtaining a listing and registration for 12(d) of the Securities Exchange Act of delegated authority.5 its Security on the NYSE, the Company 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) hopes to realize a broader market for thereunder, 2 to withdraw the security Jonathan G. Katz, shares of its Security than was available specified above (‘‘Security’’) from listing Secretary. through the Amex. and registration on the American Stock [FR Doc. 00–7434 Filed 3–24–00; 8:45 am] BILLING CODE 8010±01±M The Company’s application relates Exchange LLC (‘‘Amex’’). The Security has been listed and solely to the withdrawal of the Security registered on the Amex. On December from listing and registration on the 16, 1999, the Company’s Registration SECURITIES AND EXCHANGE Amex and shall have no effect upon the Statement on Form 8–A, filed with the COMMISSION Security’s continued listing and Commission on December 8, 1999, registration on the NYSE. By reason of became effective and the Security Sunshine Act Meeting 3 Section 12(b) of the Act and the rules became listed and registered on the New Notice is hereby given, pursuant to and regulations of the Commission York Stock Exchange, Inc. (‘‘NYSE’’). the provisions of the Government in the thereunder, the Company shall continue Trading in the Company’s Security Sunshine Act, Pub. L. 94–409, that the to be obligated to file reports with the commenced on the NYSE, and was Securities and Exchange Commission Commission under Section 13 of the simultaneously suspended on the will hold the following meeting during Act.4 Amex, at the opening of business on the week of March 27, 2000. Any interested person may, on or December 28, 2000. A closed meeting will be held on before April 11, 2000, submit by letter The Company has stated that it has Thursday, March 30, 2000 at 11:00 a.m. complied with the rules of the Amex to the Secretary of the Securities and Commissioners, Counsel to the governing the withdrawal of its Security Exchange Commission, 450 Fifth Street, Commissioners, the Secretary to hte and that the Amex in turn has indicated N.W., Washington, D.C. 20549–0609, Commission, and recording secretaries that it will not oppose such withdrawal. facts bearing upon whether the will attend the closed meeting. Certain The Company hopes that, by listing and staff members who have an interest in application has been made in registering its Security on the NYSE, it accordance with the rules of the Amex the matters may also be present. will benefit from the NYSE’s deep and The General Counsel of the and what terms, if any, should be liquid market, and that the Company Commission, or his designee, has imposed by the Commission for the will gain better exposure to the certified that, in his opinion, one or protection of investors. The marketplace than it has had through the more of the exemptions set forth in 5 Commission, based on the information Amex. The Company does not see any U.S.C. 552b(c)(4), (8), (9)(A) and (10) submitted to it, will issue an order merit in having its Security listed on and 17 CFR 200.402(a)(4), (8), (9)(A) and granting the application after the date two exchanges simultaneously. (10), permit consideration for the mentioned above, unless the The Company’s application relates scheduled matters at the closed meeting. Commission determines to order a solely to the withdrawal of the Security Commissioner Carey, as duty officer, hearing on the matter. from listing and registration on the voted to consider the items listed for the Amex and shall have no effect upon the For the Commission, by the Division of closed meeting in a closed session. Security’s continued listing and Market Regulation, pursuant to delegated The subject matters of the closed registration on the NYSE. By reason of authority.5 meeting scheduled for Thursday, March Section 12(b) of the Act 3 and the rules 30, 2000 are: Jonathan G. Katz, and regulations of the Commission Secretary. Institution and settlement of injunctive thereunder, the Company shall continue actions; and [FR Doc. 00–7435 Filed 3–24–00; 8:45 am] to be obligated to file reports with the Institution and settlement of BILLING CODE 8010±01±M Commission under Section 13 of the 4 administrative proceedings of an Act. enforcement nature. Any interested person may, on or before April 11, 2000, submit by letter At times, changes in Commission to the Secretary of the Securities and priorities require alterations in the Exchange Commission, 450 Fifth Street, scheduling of meeting items. For further information and to ascertain what, if 1 15 U.S.C. 78l(d). any, matters have been added, deleted 3 15 U.S.C. 78l(b). 2 17 CFR 240.12d2–2(d). or postponed, please contact: 4 15 U.S.C. 78m. 3 15 U.S.C. 78l(b) 5 17 CFR 200.30–3(a)(1). 4 15 U.S.C. 78m. 5 17 CFR 200.30–3(a)(1).
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The Office of the Secretary at (202) consistent with the requirements of the change relating to statistical reports 942–7070. Act and the rules and regulations provided to market makers. The thereunder applicable to a national Exchange filed Amendment No. 1 to the Margaret H. McFarland, securities exchange, and in particular, proposed rule change on January 11, Deputy Secretary. with the requirements of Section 6(b).5 2000.3 The proposed rule change, as [FR Doc. 00–7515 Filed 3–22–00; 4:08 pm] The proposal would establish a range amended, was published for comment BILLING CODE 8010±01±M minimum fee for non-U.S. companies in the Federal Register on February 15, with up to 50 million shares or ADRs (or 2000.4 The Commission received no similar securities) of $35,000 per year. comments on the proposal. This order SECURITIES AND EXCHANGE In light of the increased costs of approves the proposal, as amended. COMMISSION providing market place services,6 the II. Description of the Proposal [Release No. 34±42546; File No. SR±NYSE± Commission believes that the proposal 00±02] is consistent with the Section 6(b)(4) 7 The Exchange proposes to furnish its requirements that an Exchange have market makers with statistical reports Self-Regulatory Organizations; Order rules that provide for the equitable designed to measure trading volume and Granting Approval to Proposed Rule allocation of reasonable dues, fees and participation in trading activity in each Change and Amendment No. 1 by the other charges among its members and option issue traded on the Exchange. New York Stock Exchange, Inc. To issuers and other persons using its The reports will identify which order Amend the Schedule of Continued facilities.8 flow providers currently are bringing Annual Listing Fees for Non-U.S. It is therefore ordered, pursuant to trades to the PCX and how those orders Companies Section 19(b)(2) of the Act,9 that the are being executed. Specifically, the proposed rule change (SR–NYSE–00– reports will include monthly trading March 20, 2000. 02), as amended, is approved. information that describes, by order On January 4, 2000, the New York flow provider, the issue and number of Stock Exchange, Inc. (‘‘NYSE’’ or For the Commission, by the Division of Market Regulation, pursuant to delegated contracts traded, the Lead Market Maker ‘‘Exchange’’) submitted to the Securities authority.10 post where the issue is traded, the and Exchange Commission (‘‘SEC’’ or Margaret H. McFarland, contra and executing broker symbols, ‘‘Commission’’), pursuant to Section and whether the trade was executed Deputy Secretary. 19(b)(1) of the Securities Exchange Act through the Exchange’s Automatic 1 of 1934 (‘‘Act’’) and Rule 19b–4 [FR Doc. 00–7400 Filed 3–24–00; 8:45 am] Execution System, through the Limit 2 thereunder, a proposed rule change to BILLING CODE 8010±01±M Order Book, or manually in the trading amend the schedule of continuing crowd. annual fees for non-U.S. companies. The Exchange believes these reports SECURITIES AND EXCHANGE Amendment No. 1 was filed on January will help market makers develop 3 COMMISSION 27, 2000. The proposed rule change, as marketing plans specific to order flow amended, was published for comment [Release No. 34±42550; File No. SR±PCX± providers that the market makers can in the Federal Register on February 17, 99±38] use to help increase order flow to the 4 2000. No comments were received on PCX. In addition, the reports are the proposal. This order approves the Self-Regulatory Organizations; Order designed to help market makers support proposal, as amended. Approving Proposed Rule Change by their business relationships and The proposed rule change amends the the Pacific Exchange, Inc. Relating to encourage further business development listed company fee schedule, set forth in Statistical Reports Provided to Market with order flow providers. Furthermore, Paragraph 902.04 of the NYSE’s Listed Makers these reports will help the market Company Manual (‘‘Manual’’), as it March 20, 2000. makers identify specific customers to applies to continuing annual listing fees whom they should direct their for non-U.S. companies. The current I. Introduction marketing efforts. The Exchange continuing annual listing fee for non- On October 5, 1999, the Pacific believes that these reports will help the U.S. companies is equal to the greater of Exchange, Inc. (‘‘Exchange’’ or ‘‘PCX’’), market makers focus on specific the fee calculated on a per share or filed with the Securities and Exchange business needs of their customers, so American Depositary Receipts (‘‘ADR’’) Commission (‘‘Commission’’), pursuant that they can attract more business to (or similar security) basis or based on to Section 19(b)(1) of the Securities the PCX. Finally, the Exchange believes the range minimums listed in the Exchange Act of 1934 (‘‘Act’’) 1 and Rule the reports will help the Exchange Manual. The proposal would combine 19b–4 thereunder,2 a proposed rule compete for order flow in multiple the three lowest range of shares or ADRs traded issues. (up to 10 million, from 10 to 20 million, 5 15 U.S.C. 78f(b). and from 20 to 50 million) and their 6 According to the NYSE, the proposal is III. Discussion respective fees ($16,170, $24,260, and necessary because of the increased costs of After careful review, the Commission $32,340) into one range minimum (up to providing market place services to issuers, such as finds that the proposed rule change is research analysis. Telephone conversation between 50 million) with one fee ($35,000). Amy Bilbija, Counsel, NYSE, and Heather Traeger, consistent with the Act and the rules The Commission finds that the Attorney, Division of Market Regulation, SEC, on and regulations thereunder applicable to proposed rule change, as amended, is March 8, 2000. a national securities exchange, and, in 7 15 U.S.C. 78f(b)(4). 8 1 15 U.S.C. 78s(b)(1). In approving this rule, the Commission has 3 Letter from Robert P. Pacileo, Staff Attorney, 2 17 CFR 240.19b–4. considered the proposed rule’s impact on Regulatory Policy, PCX, to Richard C. Strasser, 3 See letter from James E. Buck, Senior Vice efficiency, competition, and capital information. 15 Assistant Director, Division of Market Regulation, President and Secretary, NYSE, to Richard Strasser, U.S.C. 78c(f). Commission, dated January 7, 2000 (‘‘Amendment Assistant Director, Division of Market Regulation, 9 15 U.S.C. 78b(b)(2). No. 1’’). Amendment No. 1 adds Exchange Rule SEC, dated January 21, 2000 (‘‘Amendment No. 1’’). 10 17 CFR 200.30–3(a)(12). 6.41 to the text of Exchange Rule 6. 4 Securities Exchange Act Release No. 42406 1 15 U.S.C. 78s(b)(1). 4 Securities Exchange Act Release No. 42401 (Feb. (February 8, 2000), 65 FR 8222. 2 17 CFR 240.19b–4. 7, 2000), 65 FR 6647.
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In one of the models, the eligibility, following the State’s Model, SSA employees will complete Decisionmaking Model, SSA employees Medicaid eligibility rules, and will pass the State buy-in application but not will complete State buy-in application all materials and its decision to the make the eligibility decision. The forms for beneficiaries screened county welfare office for issuance of the completed application will be submitted potentially eligible. SSA will then make buy-in award or denial notice. In to the county welfare office for an a decision about the beneficiary’s another model called the Widow(er)s eligibility determination.
Collection Instrument ...... SSA Screening Guide ...... State Buy-In Guide Application. Number of Respondents ...... 25,000 ...... 15,000. Frequency of Response ...... 1 ...... 1. Average Burden Per Response ...... 20 minutes ...... 124 minutes. Estimated Annual Burden ...... 8,333 hours ...... 31,000 hours.
II. The information collections listed information collections would be most Number of Respondents: 15,000. below will be submitted to OMB within useful if received by OMB and SSA Frequency of Response: On Occasion. 60 days from the date of this notice. within 30 days from the date of this Average Burden Per Response: 5 Your comments should be submitted to publication. You can obtain a copy of minutes. SSA within 60 days from the date of this the OMB clearance package by calling Estimated Annual Burden: 1,250. publication. You can obtain a copy of the SSA Reports Clearance Officer on (f) Grant Waiver or reduction of fees the collection instruments by calling the (410) 965–4145, or by writing to him at for records requested under FOIA: SSA Reports Clearance Officer at 410– the address listed above. Number of Respondents: 400. 965–4145, or by writing to him at the 1. Privacy and Disclosure of Official Frequency of Response: On Occasion. address listed above. Records and Information: Availability of Average Burden Per Response: 5 1. Statement of Claimant or Other Information and Records to the Public— minutes. Person—0960–0045. In special 20 CFR 401 and 402—0960–0566. The Estimated Annual Burden: 33 hours. situations when there is no standard respondents are individuals requesting 2. Annual Registration Statement form or questionnaire, Form SSA–795 is access to their SSA records, correction Identifying Separated Participants with used by SSA to obtain information from of their SSA records and disclosure of Deferred Benefits, Schedule SSA— claimants or other persons having SSA records. This information is 0960–0606 (1999 edition). Schedule knowledge of facts in connection with required to: SSA is a form filed annually as part of claims for Social Security or (a) Identify individuals who request a series of pension plan documents Supplementary Supplemental Security access to their records: required by Section 6057 of the IRS Income. The information collected is Number of Respondents: 10,000. Code. Administrators of pension benefit used to process claims for benefits. The Frequency of Response: On Occasion. plans are required to report specific respondents are applicants for Social Average Burden Per Response: 11 information on future plan benefits for Security or Supplemental Security minutes. those participants who left plan Estimated Annual Burden: 1,833 Income benefits. coverage during the year. SSA maintains hours. Number of Respondents: 305,500. the information until a claim for Social (b) Designate an individual to receive Frequency of Response: 1. Security benefits has been approved. At and review a recordholder’s sensitive Average Burden Per Response: 15 that time, SSA notifies the beneficiary of medical records in accordance with 20 minutes. his/her potential eligibility for payments CFR 401.55 and for disclosure of such Estimated Annual Burden: 76,375 from the private pension plan. The records to the recordholder by his/her hours. respondents are administrators of 2. Student Statement Regarding designee: Number of Respondents: 3,000. pension benefit plans or their service School Attendance—0960–NEW. The providers employed to prepare the information on Form SSA–1372–TEST Frequency of Response: On Occasion. Average Burden Per Response: 2 Schedule SSA on behalf of the pension is needed to determine whether hours. benefit plan. children of an insured worker are Estimated Annual Burden: 6,000 Below is an estimate of the cost and eligible for benefits as a student. SSA hours. hour burdens in completing and filing will conduct a limited trial of a revised (c) Correct or amend records: Schedule SSA(s). The burden estimates SSA–1372 (Student Statement Number of Respondents: 100. will vary for different plans and service Regarding School Attendance) Frequency of Response: On Occasion. providers, depending on individual designated as SSA–1372–TEST. This Average Burden Per Response: 10 circumstances. Therefore, the estimate limited test will study the efficacy and minutes. below is simply an average. usability of the new format. Results of Estimated Annual Burden: 17 hours. Number of Respondents: 88,000. the testing will formulate SSA’s (d) Obtain consent from an individual Frequency of Response: Annually. decision to reject, modify or institute to release his/her records to others. Average Burden Per Respondent: 2.5 the revised form. The respondents are Consents are submitted by letter in hours. student claimants for Social Security writing or by use of an SSA–3288: Estimated Annual Burden: 220,074 Benefits and their respective schools. Number of Respondents: 2,200,000. hours. Number of respondents: 2,000. Frequency of Response: On Occasion. Estimated Annual Cost Burden for All Number of Response: 1. Average Burden Per Response: 3 Respondents: $12,194,400. Average burden per response: 10 minutes. minutes. Estimated Annual Burden: 110,000 Dated: March 21, 2000. Estimated Annual Burden: 333 hours. hours. Frederick W. Brickenkamp, III. The information collections listed (e) Facilitate the release of Reports Clearance Officer. below have been submitted to OMB for information under the Freedom of [FR Doc. 00–7422 Filed 3–24–00; 8:45 am] clearance. Your comments on the Information Act (FOIA): BILLING CODE 4191±02±P
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DEPARTMENT OF STATE collection, including the validity of the section 641 of Pub. L. 104–208 (8 U.S.C. methodology and assumptions used. 1372(h)(2)(A)) as they relate to all other [Public Notice 3262] • Enhance the quality, utility, and Exchange Visitor Program matters. (In Information Collection; Comment clarity of the information to be exercising this authority, ECA/GCV Request collected. shall consult, as necessary, with ECA/ • Minimize the reporting burden on D.) AGENCY: Department of State. those who are to respond, including Notwithstanding any other provision ACTION: 30-Day Notice of Information through the use of automated collection of this Order, the Assistant Secretary Collection; Joint Survey on Public- techniques or other forms of technology. retains, and may at any time exercise, Private Partnership of the Alliance for FOR FURTHER ADDITIONAL INFORMATION: any function or authority redelegated International Educational and Cultural Copies of the proposed information herein. Exchange (Alliance) and the Interagency collection and supporting documents All actions related to the Working Group on U.S. Government- may be obtained from Mary O’Boyle responsibilities described herein which Sponsored International Exchanges and Franko, Suite 320, 301 4th Street, SW, have been taken pursuant to any Training (IAWG). 202–260–5124, ECA/C, U.S. Department authority delegated prior to this Order or delegated by this Order, and which SUMMARY: The Department of State has of State, Washington, DC 20520. Public have been taken prior to and are in submitted the following information comments and questions should be effect on the date of this Order, are collection request to the Office of directed to the State Department Desk Management and Budget (OMB) for Officer, Office of Information and hereby confirmed and ratified. Such approval in accordance with the Regulatory Affairs, Office of actions shall remain in force as if taken Paperwork Reduction Act of 1995. Management and Budget (OMB), under this Order, unless or until Comments should be submitted to OMB Washington, DC 20530, (202) 395–5871. rescinded, amended or superseded. within 30 days of the publication of this Dated: February 18, 2000. This Redelegation shall be published in the Federal Register. notice. James D. Whitten, This Order is effective immediately. The following summarizes the Executive Director, Bureau of Educational information collection proposal and Cultural Affairs, U.S. Department of Dated: March 10, 2000. submitted to OMB: State. William B. Bader, Type of Request: New information [FR Doc. 00–7353 Filed 3–24–00; 8:45 am] Assistant Secretary for Educational and collection request. BILLING CODE 4710±11±P Cultural Affairs, Department of State. Originating Office: ECA/C. [FR Doc. 00–7354 Filed 3–24–00; 8:45 am] Title of Information Collection: Joint BILLING CODE 4710±08±P Survey on Public-Private Partnership of DEPARTMENT OF STATE the Alliance for International Educational and Cultural Exchange [DA1±239] (Alliance) and the Interagency Working TENNESSEE VALLEY AUTHORITY Group on U.S. Government-sponsored Bureau of Educational and Cultural Affairs Redelegation of Authority to the International Exchanges and Training Sunshine Act Meeting (IAWG). Principal Deputy Assistant Secretary and Deputy Assistant Secretary for Frequency: This collection is the first AGENCY HOLDING THE MEETING: Policy and Resources and to the Chief, Tennessee effort and every effort will be made to Valley Authority (Meeting No. 1517). keep additional information collection Exchange Visitor Program Designation TIME AND DATE: 9 a.m. (CST), March 29, activities to the minimum required for Staff 2000. effective reporting within the IAWG By virtue of the authority vested in mandate. PLACE: Nashville Convention Center, me and in accordance with Delegation Level One, Rooms 103 and 104, 601 Form Number: None. of Authority No. 236–1, dated Respondents: Private sector Commerce Street, Nashville, Tennessee. November 9, 1999, I hereby redelegate organizations that are involved in to the Principal Deputy Assistant STATUS: Open. international training and exchange Secretary and Deputy Assistant Agenda: Approval of minutes of activities. meeting held on February 22, 2000. Estimated Number of Respondents: Secretary for Policy and Resources 1,200. (ECA/D) and to the Chief, Exchange New Business Visitor Program Designation Staff and Average Hours Per Response: 45 B—Purchase Award minutes. designated members of the Exchange Total Estimated Burden: None, the Visitor Program Designation Staff (ECA/ B1. Contract with Key Services, Inc., total time, effort or financial resources GCV), the authority to exercise the for telephone moves, additions, and expended to generate survey responses following-described authorities: changes. would not go beyond those that would To ECA/D, the functions in sections B2. Contract with IBM Corporation for be incurred in the normal course of an 101(1)(15)(J) and 212(j) of the mainframe computer products and organization’s administrative activities. Immigration and Nationality Act (8 services. U.S.C. 1101(a)(15)(J) and 1182 (J)), and Public comments are being solicited C—Energy to permit the agency to: section 641 of Pub L. 104–208 (8 U.S.C. • Evaluate whether the proposed 1372(h)(2)(A)) as they relate to the C1. Extension of blanket agreement collection of information is necessary designation, redesignation, suspension, with A & G Tree Service, Inc., for for the proper performance of the or revocation of Exchange Visitor transmission line right-of-way reclearing functions of the agency, including Programs. and maintenance. whether the information will have To ECA/GCV, the functions in C2. Extension of blanket agreement practical utility. sections 101(l)(15)(J) and 212(j) of the with Three Rivers Contracting for • Evaluate the accuracy of the Immigration and Nationality Act (8 transmission line right-of-way reclearing agency’s estimate of the burden of the U.S.C. 1101(a)(15)(J) and 1182(J)), and and maintenance.
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E—Real Property Transactions Docket Number: OST–2000–6969. DEPARTMENT OF TRANSPORTATION Date Filed: February 22, 2000. E1. Amendment to Guntersville Parties: Members of the International Office of the Secretary Reservoir Land Management Plan to Air Transport Association. change the allocated use for an 18.5-acre Aviation Proceedings, Agreements portion of Tract No. XGR–20PT from Subject Filed During the Week Ending March timber and wildlife management to PTC2 EUR–AFR 0098 dated 18 February 10, 2000 industrial use and grant of a permanent 2000 easement for a road easement (Tract No. Europe-Africa Expedited Resolution The following Agreements were filed XTGR–166H) and a permanent 002hh with the Department of Transportation industrial easement (Tract No. XTGR— Intended effective date: 1 April 2000 under the provisions of 49 U.S.C. 412 1671E), both without charge, except for Docket Number: OST–2000–6988. and 414. Answers may be filed within payment of TVA’s administrative costs, Date Filed: February 25, 2000. 21 days after the filing of the to the City of Guntersville, affecting Parties: Members of the International application. approximately 62.1 acres of land on Air Transport Association. Docket Number: OST–2000–7042. Guntersville Reservoir in Marshall Date Filed: March 7, 2000. Subject County, Alabama. Parties: Members of the International E2. Abandonment of approximately PTC12 NMS–AFR 0079 dated 15 Air Transport Association. February 2000 14.7 acres of the Waterville-Kingsport Subject Nolichucky Tap Transmission Line North Atlantic-Africa Resolutions r1– right-of-way easement in Greene r21 PTC COMP 0589 dated 7 March 2000 County, Tennessee (Tract No. NOLT–2). Minutes—PTC12 NMS–AFR 0081 dated Composite Resolution 002y 18 February 2000 Minutes—PTC COMP 0588 dated 7 F—Unclassified Tables—PTC12 NMS–AFR FARES 0048 March 2000 1. Filing of condemnation cases to dated 22 February 2000 Intended effective date: 1 April 2000 acquire permanent easements, rights-of- Intended effective date: 1 April 2000 (except to/from Japan 15 April 2000) way, right to enter, and fee simple Docket Number: OST–2000–6989. Docket Number: OST–2000–7043. ownership, affecting the Murfreesboro- Date Filed: February 25, 2000. Date Filed: March 8, 2000. Smyrna No. 2 Transmission Line, Parties: Members of the International Parties: Members of the International Rutherford County, Tennessee; West Air Transport Association. Air Transport Association. Ringgold-Center Point Transmission Subject Subject Line, Whitfield County, Georgia; and PTC12 SATL–EUR 0058 dated 11 PTC12 NMS–AFR 0078 dated 10 acquisition of 2.77 acres of land in Todd February 2000 County, Kentucky, for the expansion of February 2000 (Mail Vote 064) South Atlantic-Europe Resolutions r1– Mid Atlantic-Africa Resolutions r1–r9 TVA’s Elkton, Kentucky, Substation r14 from a 69-kV to a 161-kV substation. PTC12 NMS–AFR 0082 dated 7 March Minutes—PTC12 SATL–EUR 0059 2000 adopting (Mail Vote 064) Information Items dated 22 February 2000 PTC12 NMS–AFR 0080 dated 15 Tables—PTC12 SATL–EUR FARES 0016 1. Approval of the membership and February 1999 dated 18 February 2000 South Atlantic-Africa Resolutions r10– chair appointments to the Regional Intended effective date: 1 April 2000 Resource Stewardship Council. r22 Docket Number: OST–2000–6990. Minutes—PTC12 NMS–AFR 0081 dated For more information: Please call Date Filed: February 25, 2000. 18 February 2000 filed with Docket TVA Public Relations at (423) 632–6000, Parties: Members of the International OST–00–6988 Knoxville, Tennessee. Information is Air Transport Association. Tables—PTC12 NMS–AFR FARES 0050 also available at TVA’s Washington Subject dated 7 March 2000 Office (202) 898–2999. People who plan PTC12 NMS–AFR FARES 0049 dated 25 PTC12 MEX–EUR 0031 dated 15 to attend the meeting and have special February 2000 Intended effective date: February 2000 needs should call (865) 632–6000. 1 April 2000 Mid Atlantic-Europe Resolutions r1–r22 Dated: March 22, 2000. Minutes—PTC12 MEX–EUR 0030 dated Docket Number: OST–2000–7044. Edward S. Christenbury, 11 February 2000 Date Filed: March 8, 2000. General Counsel and Secretary. Tables—PTC12 MEX-EUR FARES 0010 Parties: Members of the International [FR Doc. 00–7592 Filed 3–23–00; 1:21 pm] dated 25 February 2000 Air Transport Association. BILLING CODE 8120±08±M Intended effective date: 1 May 2000 Subject Docket Number: OST–2000–6991. Date Filed: February 25, 2000. PTC2 EUR–AFR 0099 dated 25 February 2000 DEPARTMENT OF TRANSPORTATION Parties: Members of the International Air Transport Association. TC2 Europe–Africa Resolutions r1–r56 Office of the Secretary PTC2 EUR–AFR 0101 dated 3 March Subject 2000 (Technical Correction) Aviation Proceedings, Agreements PTC2 ME–AFR 0046 dated 22 February Minutes—PTC2 EUR–AFR 0100 dated Filed During the Week Ending 2000 29 February 2000 February 25, 2000 TC2 Middle East-Africa Expedited Tables—PTC2 EUR–AFR Fares 0061 Resolutions r1–r3 dated 3 March 2000 The following Agreements were filed Intended effective date: 1 April 2000s PTC2 EUR–AFR Fares 0062 dated 3 with the Department of Transportation March 2000 under the provisions of 49 U.S.C. 412 Dorothy W. Walker, PTC2 EUR–AFR Fares 0063 dated 3 and 414. Answers may be filed within Federal Register Liaison. March 2000 21 days after the filing of the [FR Doc. 00–7462 Filed 3–24–00; 8:45 am] PTC2 EUR–AFR Fares 0064 dated 3 application. BILLING CODE 4910±62±P March 2000
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PTC2 EUR–AFR Fares 0065 dated 3 Date Filed: February 24, 2000. Due Date for Answers, Conforming March 2000 Due Date for Answers, Conforming Applications, or Motion to Modify Scope: PTC2 EUR–AFR Fares 0066 dated 3 Applications, or Motions to Modify Scope: March 31, 2000. March 2000 March 23, 2000. Description: Application of Airline Partner Intended effective date: 1 May 2000 Description: Application of Servicios Associates, Inc. d/b/a TransPacific Airlines Aereos Profesionales, Inc. pursuant to 49 Docket Number: OST–2000–7067. pursuant to 49 U.S.C. 41102 and Subpart B U.S.C. 41102 and Subpart Q, requests a (formerly Subpart Q), requests a certificate of Date Filed: March 10, 2000. Certificate of Public Convenience and Parties: Members of the International public convenience and necessity to engage Necessity to engage in Foreign Scheduled Air in interstate scheduled air transportation of Air Transport Association. Transportation of persons, property and mail. persons, property, and mail. Subject Docket Number: OST–2000–6979. Date Filed: February 24, 2000. Dorothy W. Walker, PTC2 ME–AFR 0047 dated 29 February Due Date for Answers, Conforming Federal Register Liaison. 2000 Applications, or Motions to Modify Scope: [FR Doc. 00–7465 Filed 3–24–00; 8:45 am] TC2 Middle East–Africa Resolutions r1– March 23, 2000. r18 Description: Application of Servicios BILLING CODE 4910±62±U Minutes—PTC2 ME–AFR 0048 dated 7 Aereos Profesionales, Inc. pursuant to 49 March 2000 U.S.C. 41102 and Subpart Q, requests a Tables—PTC2 ME–AFR FARES 0032 Certificate of Public Convenience and DEPARTMENT OF TRANSPORTATION dated 7 March 2000 Necessity authorizing Interstate Scheduled Intended effective date: 1 May 2000 Air Transportation of person, property and Federal Aviation Administration mail. Dorothy Walker, RTCA, Inc.; Government Industry Free Dorothy W. Walker, Flight Steering Committee Federal Register Liaison. Federal Register Liaison. [FR Doc. 00–7464 Filed 3–24–00; 8:45 am] [FR Doc. 00–7463 Filed 3–24–00; 8:45 am] Pursuant to section 10(a)(2) of the BILLING CODE 4910±62±P BILLING CODE 4910±62±P Federal Advisory Committee Act (P.L. 92–463, 5 U.S.C., Appendix 2), notice is DEPARTMENT OF TRANSPORTATION hereby given for an RTCA Government/ DEPARTMENT OF TRANSPORTATION Industry Free Flight Steering Committee Office of the Secretary meeting to be held April 13, 2000, Office of the Secretary starting at 1:00 pm. The meeting will be Notice of Applications for Certificates Notice of Applications for Certificates held at the Federal Aviation of Public Convenience and Necessity of Public Convenience and Necessity Administration, 800 Independence and Foreign Air Carrier Permits Filed and Foreign Air Carrier Permits Filed Avenue, SW., Washington, DC 20591, in Under Subpart Q During the Week Under Subpart Q During the Week the Bessie Coleman Conference Center, Ending February 25, 2000 Ending March 10, 2000 Room 2AB (second floor). The following Applications for The agenda will include: (1) Welcome Certificates of Public Convenience and The following Applications for and Opening Remarks: (a) Recognizing Necessity and Foreign Air Carrier Certificates of Public Convenience and Departing Members of the Steering Permits were filed under Subpart Q of Necessity and Foreign Air Carrier Committee; (b) Welcome Incoming the Department of Transportation’s Permits were filed under Subpart Q of Members. (2) Review Summary of the Procedural Regulations (See 14 CFR the Department of Transportation’s Previous Meeting; (3) Report and 302.1701 et seq.). The due date for Procedural Regulations (See 14 CFR Recommendations from the Free Flight Answers, Conforming Applications, or 302.1701 et seq.). The due date for Select Committee: (c) Status Report— Motions to Modify Scope are set forth Answers, Conforming Applications, or Merging Government/Industry and FAA below for each application. Following Motions to Modify Scope are set forth Operational Concepts; (d) Safe Flight 21 the Answer period DOT may process the below for each application. Following Update. (4) Reports from FAA on: (e) application by expedited procedures. the Answer period DOT may process the Free Flight Phase 1 Baseline Data and Such procedures may consist of the application by expedited procedures. Performance Assessments Update; (f) adoption of a show-cause order, a Such procedures may consist of the Controller-Pilot Data Link tentative order, or in appropriate cases adoption of a show-cause order, a Communications (CPDLC) Update. (5) a final order without further tentative order, or in appropriate cases Other Business; (6) Date and Location of proceedings. a final order without further Next Meeting; (7) Closing Remarks. proceedings. Docket Number: OST–2000–6962. Attendance is open to the interested Date Filed: February 22, 2000. Docket Number: OST–2000–7060. public but limited to space availability. Due Date for Answers, Conforming Date Filed: March 9, 2000. With the approval of the co-chairmen, Applications, or Motions to Modify Scope: Due Date for Answers, Conforming members of the public may present oral March 21, 2000. Applications, or Motion to Modify Scope: statements at the meeting. Persons Description: Application of the Flight April 6, 2000. wishing to present statements or obtain International Group, Inc. (‘‘Flight Description: Application of Air Malta International’’ or ‘‘Group’’), Flight Alaska, P.L.C. (‘‘Air Malta’’) pursuant to 49 U.S.C. information should contact the RTCA, Inc. (‘‘Flight Alaska’’), and Yute Air Alaska, 41302 and Subpart Q, requests the issuance Inc., at (202) 833–9339 (phone), (202) Inc. (’’Yute’’) pursuant to 49 U.S.C. 41105 of a foreign air carrier permit to Air Malta to 833–9434 (facsimile). and Subpart Q, jointly seek expedited provide scheduled and charter foreign air Issued in Washington, DC on March 21, approval by the Department of transportation of passenger, property 2000. Transportation, of the transfer of Yute’s (including cargo), and mail between Malta Janice L. Peters, Certificate of Public Convenience and and the United States, commencing on or Necessity to Flight Alaska d/b/a Yute Air about May 1, 2000. Designated Official. Alaska. Docket Number: OST–2000–7069. [FR Doc. 00–7496 Filed 3–24–00; 8:45 am] Docket Number: OST–2000–6978. Date Filed: March 10, 2000. BILLING CODE 4910±13±M
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DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION (202) 833–9339 (phone); (202) 833–9434 (fax); or http://www.rtca.org (web site). Federal Aviation Administration Federal Aviation Administration Members of the public may present a written statement to the Committee at RTCA, Inc.; Program Management RTCA, Inc.; Government/Industry any time. Committee Certification Steering Committee Issued in Washington, DC, on March 21, Pursuant to section 10(a)(2) of the Pursuant to section 10(a)(2) of the 2000. Federal Advisory Committee Act (P.L. Federal Advisory Committee Act (P.L. Janice L. Peters, 92–463, 5 U.S.C., Appendix 2), notice is 92–463, 5 U.S.C., Appendix 2), notice is Designated Official. hereby given for Program Management hereby given for RTCA Government/ [FR Doc. 00–7498 Filed 3–24–00; 8:45 am] Committee meeting to be held April 19, Industry Certification Steering BILLING CODE 4910±13±M 2000, starting at 9 a.m. The meeting will Committee meeting to be held April 18, be held at RTCA, Inc., 1140 Connecticut 2000, from 10 a.m. to 12 p.m. The Avenue, NW, Suite 1020, Washington, meeting will be held at Federal Aviation DEPARTMENT OF TRANSPORTATION DC 20036. Administration (FAA), 800 Surface Transportation Board The agenda will include: (1) Welcome Independence Avenue, SW, and Introductions; (2) Review/Approve Washington, DC, 20591, in Conference [STB Finance Docket No. 33847] Summary of Previous Meeting; (3) Room 5ABC (5th Floor). Publication Consideration/Approval: (a) Formation of the Certification Nebraska Central Railroad CompanyÐ Final Draft, Minimum Operational Steering Committee is a follow-on Acquisition ExemptionÐThe Performance Standards (MOPS) for initiative recommended in RTCA’s Burlington Northern and Santa Fe Geosynchronous Orbit Aeronautical Report of Task Force 4, Certification. Railway Company The concept of the Certification Steering Mobile Satellite Services (AMASS) Nebraska Central Railroad Company Committee is supported by the FAA and Avionics (RTCA Paper No. 054–00/ (NCRC), a Class III rail carrier, has filed will provide a public advisory forum for PMC–077, prepared by SC–165); (b) a verified notice of exemption under 49 developing consensus-based Final Draft, DO–201A, Standards for CFR 1150.41 to acquire approximately recommendations for implementing the Aeronautical Information, (RTCA Paper 18.2 miles of rail line owned by The opportunities identified by Task Force No. 058–00/PMC–080, prepared by SC– Burlington Northern and Santa Fe 181); (c) Final Draft, Design Assurance 4. The Task Force completed its work in Railway Company (BNSF). The rail line Guidance for Airborne Electronic 1999 and published its findings in the is located between milepost 17.50, near Hardware, (RTCA Paper No. 0 60–00/ ‘‘Final Report of RTCA TASK FORCE 4, Central City, NE, and milepost 35.70, at PMC–081, prepared by Joint Committee Certification.’’ This report serves as a Palmer, NE. In conjunction with the SC–180/WG–46); (4) Action Item starting point for the Certification acquisition of the rail line, NCRC will Review: (d) Action Item 00–02, Update Steering Committee. acquire incidental overhead trackage on ADS–B Ad Hoc Group; (5) The Certification Steering Committee rights over BNSF’s rail line between Discussion: (e) Update on request for is co-chaired by Mr. Tom McSweeney, milepost 52.7, at David City, NE, and RTCA Comment on EUROCONTROL FAA Associate Administrator for milepost 66.5, at Columbus, NE, Document, Use of Safety Management Regulation and Certification, and Mr. restricted to serving the facilities of Systems by ATM Service Providers; (f) Clay Jones, president, Rockwell Collins. Minnesota Corn Processors at SC–159 Status Report—GNSS The Certification Steering Committee Columbus. Application to Airport Surface will function as a Federal Advisory Because the projected revenues of the Operation; (g) Proposed revision to Committee with all meetings open to the rail line to be operated will exceed $5 Terms of Reference for SC–194, Air public. million, NCRC certified to the Board, on Traffic Management Data Link The agenda will include: (1) Welcome January 14, 2000, that the required Implementation; (6) Other Business; (7) and Introductory Remarks: (a) RTCA notice of its rail line acquisition was Date and Location of Next Meeting; (8) Certification Activity Structure and posted at the workplace of the Closing. Procedures; (b) Review Steering employees on the affected lines on Attendance is open to the interested Committee Charter; (2) Background: (c) January 6, 2000. See 49 CFR 1150.42(e). public but limited to space availability. Task Force Four (TF4) The transaction was expected to be With the approval of the chairman, Recommendations; (3) Certification consummated on or shortly after March members of the public may present oral Select Committee: (d) Membership; (e) 14, 2000. statements at the meeting. Persons Terms of Reference and Proposal for If the notice contains false or wishing to present statements or obtain Implementing TF4 Recommendations; misleading information, the exemption information should contact the RTCA (f) Working Group Organization and is void ab initio. Petitions to revoke the Secretariat, 1140 Connecticut Avenue, Work Plans; (g) Near Term Certification exemption under 49 U.S.C. 10502(d) NW., Suite 1020, Washington, DC Improvement Goals; (h) Deliverables may be filed at any time. The filing of 20036; (202) 833–9339 (phone); (202) and Milestones; (4) Other Business; (5) a petition to revoke does not 833–9434 (fax); or http://www.rtca.org Date and Location of Next Meeting; (6) automatically stay the transaction. (web site). Members of the public may Closing. An original and 10 copies of all present a written statement to the Attendance is open to the interested pleadings, referring to STB Finance committee at any time. public but limited to space availability. Docket No. 33847, must be filed with With the approval of the co-chairmen, the Surface Transportation Board, Office Issued in Washington, DC, on March 21, members of the public may present oral of the Secretary, Case Control Unit, 1925 2000. statements at the meeting. Persons K Street, N.W., Washington, DC 20423– Janice L. Peters, wishing to present statements or obtain 0001. In addition, a copy of each Designated Official. information should contact the RTCA pleading must be served on Karl Morell, [FR Doc. 00–7497 Filed 3–24–00; 8:45 am] Secretariat, 1140 Connecticut Avenue, Esq., Ball Janik LLP, 1455 F Street, BILLING CODE 4910±13±M NW, Suite 1020, Washington, DC 20036; N.W., Suite 225, Washington, DC 20005.
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Board decisions and notices are Title: Leasing—12 CFR 23. Affected Public: Businesses or other available on our website at OMB Number: 1557–0206. for-profit. ‘‘WWW.STB.DOT.GOV.’’ Form Number: None. Estimated Number of Respondents: Abstract: This submission covers an Decided: March 20, 2000. 660. existing regulation and involves no Estimated Total Annual Responses: By the Board, David M. Konschnik, change to the regulation or to the Director, Office of Proceedings. 710. information collections embodied in the Frequency of Response: On occasion. Vernon A. Williams, regulation. The OCC requests only that Secretary. Estimated Total Annual Burden: OMB renew its approval of the 1,820 burden hours. [FR Doc. 00–7470 Filed 3–24–00; 8:45 am] information collections in the current COMMENTS: Comments submitted in BILLING CODE 4915±00±P regulation. The information requirements in 12 response to this notice will be CFR part 23 are located as follows: summarized and included in the request DEPARTMENT OF THE TREASURY 12 CFR 23.4(c)—Reporting: A national for OMB approval. All comments will bank must liquidate or re-lease property become a matter of public record. Office of the Comptroller of the that is no longer subject to lease (off- Comments are invited on: Currency lease property) as soon as practicable, (a) Whether the collection of but no later than five years from the information is necessary for the proper Proposed Renewal of Information lease expiration. A bank wishing to performance of the functions of the Collection; Comment Request extend that five-year holding period for agency, including whether the information has practical utility; AGENCY: Office of the Comptroller of the up to an additional five years must obtain OCC approval. To ensure that a (b) The accuracy of the agency’s Currency (OCC), Treasury. estimate of the burden of the collection ACTION: Notice and request for comment. bank is not holding property for speculative reasons, the OCC requires of information; SUMMARY: The OCC, as part of its the bank to provide a clearly convincing (c) Ways to enhance the quality, continuing effort to reduce paperwork demonstration why an additional utility, and clarity of the information to and respondent burden, invites the holding period is necessary. This be collected; general public and other Federal requirement confers a benefit on (d) Ways to minimize the burden of agencies to take this opportunity to national banks and may result in cost the collection on respondents, including comment on a continuing information savings. This requirement provides through the use of automated collection collection, as required by the Paperwork flexibility for a bank when it faces techniques or other forms of information Reduction Act of 1995. Currently, the unusual and unforeseen conditions technology; and OCC is soliciting comment concerning under which it would be imprudent to (e) Estimates of capital or startup costs its extension, without change, of an dispose of the off-lease property. and costs of operation, maintenance, information collection titled, ‘‘Leasing— 12 CFR 23.4(c)—Recordkeeping: A and purchase of services to provide 12 CFR 23.’’ national bank must value off-lease information. DATES: You should submit written property at the lower of current fair Dated: March 21, 2000. comments by May 26, 2000. market value or book value promptly Mark Tenhundfeld, ADDRESSES: You should direct all after the property comes off-lease. Assistant Director, Legislative & Regulatory written comments to the 12 CFR 23.5—Recordkeeping: A Activities Division. Communications Division, Attention: national bank may engage in two types [FR Doc. 00–7444 Filed 3–24–00; 8:45 am] of lease financing. First, a national bank 1557–0206, Third Floor, Office of the BILLING CODE 4810±33±P Comptroller of the Currency, 250 E may acquire tangible or intangible Street, SW, Washington, DC 20219. In personal property for purposes of lease financing if the lease serves as the addition, you may send comments by TWENTY-FIRST CENTURY functional equivalent of a loan. There is facsimile transmission to (202) 874– WORKFORCE COMMISSION 5274, or by electronic mail to no aggregate volume limitation on a [email protected]. bank’s investment in personal property Notice of Business Meeting that it leases. Second, a national bank FOR FURTHER INFORMATION CONTACT: You may acquire tangible personal property AGENCY: Twenty-First Century can request additional information from for purposes of lease financing up to 10 Workforce Commission. Jacqueline Lussier, Senior Attorney, percent of the assets of the bank. Section ACTION: Notice of business meeting. (202) 874–5090; or a copy of the 23.5 requires that if a bank enters into collection from Jessie Dunaway or both types of leases, its records must SUMMARY: This notice is to announce a Camille Dixon, (202) 874–5090, distinguish between the two types of business meeting on Thursday, March Legislative and Regulatory Activities leases. 30, 2000. Members of the public are Division (1557–0206), Office of the National banks need these invited to attend the meeting. The Comptroller of the Currency, 250 E information collections to ensure that agenda is set forth below. Street, SW, Washington, DC 20219. You they conduct their operations in a safe The purpose of the meeting is for can inspect and photocopy the and sound manner and in accordance Commissioners to formulate next steps comments at the OCC’s Public Reference with Federal banking statutes and in carrying out its statutory Room, 250 E Street, SW, Washington, regulations. These information requirements. The Commissioners and DC, between 9:00 a.m. and 5:00 p.m. on collections also provide needed Commission staff will discuss trends business days. You can make an information for examiners and and findings arising from its public appointment to inspect the comments protections for banks. The OCC uses this information gathering hearings, and by calling (202) 874–5043. information to verify compliance. from site visits conducted by SUPPLEMENTARY INFORMATION: The OCC Type of Review: Extension, without Commission staff. In addition, is proposing to extend OMB approval of change, of a currently approved Commissioners will discuss best the following information collection: collection. practices in Information Technology
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Workforce Development, and how compare with other countries in New Orleans, LA; Thomas Murrin, federal programs and policies affect effectively training information Ph.D., Duquesne University, Pittsburgh, these practices. Finally, the technology workers? [The Commission PA; Leo Reynolds, Electronic Systems, Commissioners will discuss the format study should place particular emphasis Inc., Sioux Falls, SD; The Honorable of the Commission’s report, and how the upon contrasting secondary, non-and- Frank Riggs, National Homebuilders recommendations of the report will be post-baccalaureate degree education Institute, Washington, DC; The transmitted to Congress and the programs available within the U.S. and Honorable Frank Roberts, Mayor, City of Administration. foreign countries.] Lancaster, California; Kenneth Saxe, DATES: The business meeting will be The Workforce Investment Act directs Stambaugh-Ness, York, PA; David L. held on Thursday, March 30, 2000, from the Commission to issue Steward, World Wide Technology, Inc., 9:00 am to approximately 2:00 p.m. recommendations to the President and St. Louis, MO; Hans K. Meeder, Registration is from 9:00 am to 10:00 Congress within six months. The Executive Director, Washington, DC. Commission first met on November 16, am. The dates, locations and times for Public Participation subsequent meetings will be announced 1999, and will issue its in advance in the Federal Register. recommendations by May 16, 2000. Members of the public are invited to attend this meeting. Members of the ADDRESSES: George Mason University, Agenda Fairfax Campus is located at 4400 public may also submit written At the Fairfax, Virginia meeting, the statements for distribution to the University Drive, Fairfax, VA 22030. Commission working group conducting Main Phone: (703) 993–1000. The Commissioners and inclusion in the the meeting will discuss trends and public record without presenting oral meeting will be held at the Johnson findings arising from its public Center in Meeting Room A. Web-based statements. Such written statements information gathering hearings, and should be sent to Mr. Hans Meeder, as directions can be found at: http:// from site visits conducted by coyote.gmu.edu/map/. All interested shown above, or may be submitted at Commission staff. In addition, the meeting site. parties are invited to attend this Commissioners will discuss best business meeting. Seating may be The Commission has established a practices in Information Technology web site, www.workforce21.org. Any limited and will be available on a first- Workforce Development, and how come, first-serve basis. written comments regarding documents federal programs and policies affect published on this web site should be FOR FURTHER INFORMATION CONTACT: Mr. these practices. Finally, the directed to Mr. Hans Meeder, as shown Hans Meeder, Executive Director, Commissioners will discuss the format above. Twenty-First Century Workforce of the Commission’s report, and how the Commission, 1201 New York Avenue, recommendations of the report will be Special Accomodations NW, Suite 700, Washington, DC 20005. transmitted to Congress and the Reasonable accommodations will be (Telephone (202–289–2939. TTY (202) Administration. available. Persons needing any special 289–2977) These are not toll-free Commission Membership assistance such as sign language numbers. Email: [email protected]. interpretation, or other special The Workforce Investment Act SUPPLEMENTARY INFORMATION: accommodation, are invited to contact mandates that 15 voting members be Establishment of the Twenty-First Mr. Hans Meeder, as shown above. appointed by the President, Majority Century Workforce Commission was Requests for accommodations must be Leader of the Senate, and Speaker of the mandated by Subtitle C of Title III of the made four days in advance of the House (5 members each), including 3 Workforce Investment Act, Sec. 331 of meeting. educators, 3 state and local government Pub. L. 105–220, 112 Stat. 1087–1091, Due to difficulties of scheduling the representatives, 8 business (29 U.S.C. 2701 note), signed into law members we are unable to provide a full representatives and 1 labor on August 7, 1998. The 15 voting 15-day advance notice of this meeting. member Twenty-First Century representative. The Act also mandates Workforce Commission is charged with that the President appoint 2 ex-officio Signed at Washington, DC this 21th day of March 2000. studying all aspects of the information members, one each from the technology workforce in the United Departments of Labor and Education. Hans K. Meeder, States. Notice is hereby given of a The Commissioners are: Chairman Executive Director, Twenty-First Century business meeting of the Twenty-First Lawrence Perlman, Ceridian Workforce Commission. Century Workforce Commission. Corporation, Minneapolis, MN; Vice [FR Doc. 00–7471 Filed 3–24–00; 8:45 am] The Workforce Investment Act (Pub. Chair, Katherine K. Clark, Landmark BILLING CODE 4510±23±P L. No. 105–220), signed into law on Systems Corporation, Reston, VA; Susan August 7, 1998, established the Twenty- Auld, Capitol Strategies, Ltd., First Century Workforce Commission. Montpelier, VT; Morton Bahr, DEPARTMENT OF VETERANS The Commission is charged with Communication Workers of America, AFFAIRS Washington, DC; Patricia Gallup, PC carrying out a study of the information [OMB Control No. 2900±NEW] technology workforce in the U.S., Communications, Inc., Merrimack, NH; including the examination of the Dr. Bobby Garvin, Mississippi Delta Proposed Information Collection following issues: Community College, Moorhead, MS; Activity: Proposed Collection; 1. What skills are currently required Susan M. Green (ex officio), U.S. Comment Request to enter the information technology Department of Labor, Washington, DC; workforce? What technical skills will be Randel Johnson, U.S. Chamber of AGENCY: Veterans Health demanded in the near future? Commerce, Washington, DC; Roger Administration, Department of Veterans 2. How can the United States expand Knutsen, National Council for Higher Affairs its number of skilled information Education, Auburn, WA; Patricia ACTION: Notice technology workers? McNeil (ex officio), U.S. Department of 3. How do information technology Education, Washington, DC; The SUMMARY: The Veterans Health education programs in the United States Honorable Mark Morial, Mayor, City of Administration (VHA), Department of
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Veterans Affairs (VA), is announcing an exposure has significantly affected the Vermont Avenue, NW, Washington, DC opportunity for public comment on the health of those exposed and whether 20420. Please refer to ‘‘OMB Control No. proposed collection of certain genetic predisposition has played a 2900–0524’’ in any correspondence. information by the agency. Under the significant role in the outcome of the FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act (PRA) of exposure. Tanya Al-Khateeb at (202) 273–5510. 1995, Federal agencies are required to Affected Public: Individuals or SUPPLEMENTARY INFORMATION: Under the publish notice in the Federal Register households. PRA of 1995 (Public Law 104–13; 44 concerning each proposed collection of Estimated Annual Burden: U.S.C., 3501–3520), Federal agencies information, including each proposed a. VA Form 10–21035a—250 hours. must obtain approval from the Office of b. VA Form 10–21035b—250 hours. new collection, and allow 60 days for Management and Budget (OMB) for each Estimated Average Burden Per public comment in response to the collection of information they conduct Respondent: notice. This notice solicits comments on or sponsor. This request for comment is a. VA Form 10–21035a—15 minutes. the information needed to determine being made pursuant to Section whether Agent Orange exposure has b. VA Form 10–21035b—15 minutes. Frequency of Response: One time. 3506(c)(2)(A) of the PRA. significantly affected the health of those With respect to the following exposed and whether genetic Estimated Number of Respondents: 1,000. collection of information, the Office of predisposition played a role in the Security and Law Enforcement invites outcome of the exposure. Dated: March 15, 2000. comments on: (1) whether the proposed DATES: Written comments and By direction of the Secretary. collection of information is necessary recommendations on the proposed Sandra McIntyre, for the proper performance of VA’s collection of information should be Management Analyst, Information functions, including whether the received on or before May 26, 2000. Management Service. information will have practical utility; ADDRESSES: Submit written comments [FR Doc. 00–7358 Filed 3–24–00; 8:45 am] (2) the accuracy of the Office of Security on the collection of information to Ann BILLING CODE 8320±01±P and Law Enforcement’s estimate of the W. Bickoff, Veterans Health burden of the proposed collection of Administration (193B1), Department of information; (3) ways to enhance the Veterans Affairs, 810 Vermont Avenue, DEPARTMENT OF VETERANS quality, utility, and clarity of the NW, Washington, DC 20420. Please refer AFFAIRS information to be collected; and (4) to ‘‘OMB Control No. 2900–NEW’’ in [OMB Control No. 2900±0524] ways to minimize the burden of the any correspondence. collection of information on FOR FURTHER INFORMATION CONTACT: Ann Proposed Information Collection respondents, including through the use W. Bickoff at (202) 273–8310 or FAX Activity: Proposed Collection; of automated collection techniques or (202) 273–9381. Comment Request the use of other forms of information SUPPLEMENTARY INFORMATION: Under the technology. AGENCY: Office of Security and Law PRA of 1995 (Public Law 104–13; 44 Title: VA Police Officer Pre- Enforcement, Department of Veterans U.S.C., 3501–3520), Federal agencies Employment Screening Checklist, VA Affairs. must obtain approval from the Office of Form 0120. Management and Budget (OMB) for each ACTION: Notice. OMB Control Number: 2900–0524. collection of information they conduct Type of Review: Extension of a SUMMARY: The Office of Security and currently approved collection. or sponsor. This request for comment is Law Enforcement, Department of being made pursuant to Section Abstract: It is the policy of VA that no Veterans Affairs (VA), is announcing an person be employed as a VA police 3506(c)(2)(A) of the PRA. opportunity for public comment on the With respect to the following officer who has been convicted of a proposed collection of certain serious crime or whose history reflects collection of information, VHA invites information by the agency. Under the comments on: (1) Whether the proposed a disregard for laws and regulations, Paperwork Reduction Act (PRA) of questionable character, or a pattern of collection of information is necessary 1995, Federal agencies are required to for the proper performance of VHA’s misconduct or poor work habits. Pre- publish notice in the Federal Register employment screening for VA police functions, including whether the concerning each proposed collection of information will have practical utility; officers and full verification of information, including each proposed qualifications and suitability has been a (2) the accuracy of VHA’s estimate of extension of a previously approved the burden of the proposed collection of long-standing policy. The form provides collection, and allow 60 days for public a record of the accomplishment of pre- information; (3) ways to enhance the comment in response to the notice. This quality, utility, and clarity of the employment vouchering following notice solicits comments on the selection standards which serve as VA’s information to be collected; and (4) information needed to document the ways to minimize the burden of the basic assurance that Federal criminal pre-employment screening process and law enforcement authority is granted collection of information on special background checks for respondents, including through the use cautiously and responsibly. applicants seeking employment as VA Affected Public: State, Local or Tribal of automated collection techniques or police officers. the use of other forms of information Governments, and Business or other for- DATES: technology. Written comments and profit. Title: The Association of Agent recommendations on the proposed Estimated Annual Burden: 300 hours. Orange Exposure with Adverse collection of information should be Estimated Average Burden Per Outcomes, VA Forms 10–21035a (NR) received on or before May 26, 2000. Respondent: 10 minutes. and 10–21035b (NR). ADDRESSES: Submit written comments Frequency of Response: Generally OMB Control Number: 2900-NEW. on the collection of information to one-time. Type of Review: New collection. Tanya Al-Khateeb, Office of Security Estimated Number of Respondents: Abstract: The purpose of this study is and Law Enforcement (07C), 1,800. to determine whether Agent Orange Department of Veterans Affairs, 810 Dated: March 15, 2000.
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By direction of the Secretary. for the proper performance of VBA’s DEPARTMENT OF VETERANS Sandra McIntyre, functions, including whether the AFFAIRS Management Analyst, Information information will have practical utility; [OMB Control No. 2900±0156] Management Service. (2) the accuracy of VBA’s estimate of the [FR Doc. 00–7359 Filed 3–24–00; 8:45 am] burden of the proposed collection of Proposed Information Collection BILLING CODE 8320±01±P information; (3) ways to enhance the Activity: Proposed Collection; quality, utility, and clarity of the Comment Request information to be collected; and (4) AGENCY: DEPARTMENT OF VETERANS ways to minimize the burden of the Veterans Benefits Administration, Department of Veterans AFFAIRS collection of information on Affairs. [OMB Control No. 2900±0112] respondents, including through the use ACTION: of automated collection techniques or Notice. Proposed Information Collection the use of other forms of information SUMMARY: The Veterans Benefits Activity: Proposed Collection; technology. Administration (VBA), Department of Comment Request Title: Statement of Holder or Servicer Veterans Affairs (VA), is announcing an AGENCY: Veterans Benefits of Veteran’s Loan, VA Form 26–559. opportunity for public comment on the proposed collection of certain Administration, Department of Veterans OMB Control Number: 2900–0112. Affairs. information by the agency. Under the Type of Review: Reinstatement, ACTION: Notice. Paperwork Reduction Act (PRA) of without change, of a currently approved 1995, Federal agencies are required to SUMMARY: The Veterans Benefits collection for which approval has publish notice in the Federal Register Administration (VBA), Department of expired. concerning each proposed collection of Veterans Affairs (VA), is announcing an Abstract: Veteran-borrowers may sell information, including each proposed opportunity for public comment on the their home subject to the existing VA- revision of a currently approved proposed collection of certain guaranteed mortgage lien without the collection, and allow 60 days for public information by the agency. Under the prior approval of the VA if the comment in response to the notice. This Paperwork Reduction Act (PRA) of commitment for the loan was made notice solicits comments for information 1995, Federal agencies are required to needed to report changes in a student prior to March 1, 1988. However, if they publish notice in the Federal Register enrollment status. request to be released from personal concerning each proposed collection of DATES: liability to the Government in the event Written comments and information, including each proposed recommendations on the proposed of a subsequent default by a transferee, reinstatement, without change, of a collection of information should be VA must determine, that (1) the loan currently approved collection for which received on or before May 26, 2000. payments are current; (2) the transferee approval has expired, and allow 60 days ADDRESSES: will assume the veteran’s legal liabilities Submit written comments for public comment in response to the on the collection of information to in connection with the loan; and (3) the notice. This notice solicits comments for Nancy J. Kessinger, Veterans Benefits purchaser qualifies from a credit information needed to determine Administration (20S52), Department of whether a veteran can be release from standpoint. Also, a veteran-borrower Veterans Affairs, 810 Vermont Avenue, liability on a Government home loan. may sell their home to a veteran- NW, Washington, DC 20420. Please refer DATES: Written comments and transferee. However, eligible transferees to ‘‘OMB Control No. 2900–0156’’ in recommendations on the proposed must meet all the requirements in any correspondence. collection of information should be addition to having sufficient available FOR FURTHER INFORMATION CONTACT: received on or before May 26, 2000. loan guaranty entitlement to replace the Nancy J. Kessinger at (202) 273–7079 or ADDRESSES: Submit written comments amount of entitlement used by the seller FAX (202) 275–5947. in obtaining the original loan. on the collection of information to SUPPLEMENTARY INFORMATION: Under the Nancy J. Kessinger, Veterans Benefits Affected Public: Individuals or PRA of 1995 (Public Law 104–13; 44 Administration (20S52), Department of households, Business or other for profit. U.S.C., 3501—3520), Federal agencies Veterans Affairs, 810 Vermont Avenue, Estimated Annual Burden: 1,167 must obtain approval from the Office of NW, Washington, DC 20420. Please refer hours. Management and Budget (OMB) for each to ‘‘OMB Control No. 2900–0112’’ in collection of information they conduct any correspondence. Estimated Average Burden Per or sponsor. This request for comment is FOR FURTHER INFORMATION CONTACT: Respondent: 10 minutes. being made pursuant to Section Nancy J. Kessinger at (202) 273–7079 or Frequency of Response: On occasion. 3506(c)(2)(A) of the PRA. FAX (202) 275–5947. Estimated Number of Respondents: With respect to the following SUPPLEMENTARY INFORMATION: Under the 7,000. collection of information, VBA invites PRA of 1995 (Public Law 104–13; 44 comments on: (1) whether the proposed U.S.C., 3501–3520), Federal agencies Dated: March 3, 2000. collection of information is necessary must obtain approval from the Office of By direction of the Secretary. for the proper performance of VBA’s Management and Budget (OMB) for each Donald L. Neilson, functions, including whether the collection of information they conduct Director, Information Management Service. information will have practical utility; or sponsor. This request for comment is [FR Doc. 00–7360 Filed 3–24–00; 8:45 am] (2) the accuracy of VBA’s estimate of the being made pursuant to Section BILLING CODE 8320±01±P burden of the proposed collection of 3506(c)(2)(A) of the PRA. information; (3) ways to enhance the With respect to the following quality, utility, and clarity of the collection of information, VBA invites information to be collected; and (4) comments on: (1) Whether the proposed ways to minimize the burden of the collection of information is necessary collection of information on
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Part II
Nuclear Regulatory Commission 10 CFR Parts 170 and 171 Revision of Fee Schedules; 100% Fee Recovery, FY 2000; Proposed Rule
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NUCLEAR REGULATORY www.nrc.gov/NRC/ADAMS/index.html. This proposed rule is based on the COMMISSION From this site, the public can gain entry current 100 percent fee recovery into the NRC’s Agencywide Document requirement under OBRA–90. To 10 CFR Parts 170 and 171 Access and Management System address fairness and equity concerns (ADAMS), which provides text and related to NRC licensees paying for RIN 3150±AG50 image files of NRC’s public documents. agency expenses which do not provide Revision of Fee Schedules; 100% Fee For more information, contact the NRC a direct benefit to them, the NRC has Recovery, FY 2000 Public Document Room (PDR) Reference submitted legislation to the Congress staff at 1–800–397–4209, 202–634–3273 which would reduce the fee recovery AGENCY: Nuclear Regulatory or by email to [email protected]. amount to 98 percent for FY 2001, and Commission. Copies of comments received and the further reduce the fee recovery amount ACTION: Proposed rule. agency workpapers that support these by an additional two percent per year proposed changes to 10 CFR Parts 170 beginning in FY 2002 until the fee SUMMARY: The Nuclear Regulatory and 171 may be examined at the NRC recovery requirement is reduced to 90 Commission (NRC) is proposing to Public Document Room, 2120 L Street percent by FY 2005. amend the licensing, inspection, and NW (Lower Level), Washington, DC Also, in the FY 1999 final fee rule annual fees charged to its applicants 20555–0001. published June 10, 1999 (64 FR 31450), and licensees. The proposed the NRC responded to a comment amendments are necessary to FOR FURTHER INFORMATION CONTACT: requesting that NRC designate as small implement the Omnibus Budget Glenda Jackson, Office of the Chief entities, for reduced fee purposes, all Reconciliation Act of 1990 (OBRA–90), Financial Officer, U.S. Nuclear those companies with small business as amended, which mandates that the Regulatory Commission, Washington, certification under the U.S. Small NRC recover approximately 100 percent DC 20555–0001, Telephone 301–415– Business Administration’s (SBA) Small of its budget authority in Fiscal Year 6057. Disadvantaged Business Program, (FY) 2000, less amounts appropriated SUPPLEMENTARY INFORMATION: commonly known as the 8(a) Program. from the Nuclear Waste Fund (NWF) I. Background The Commission agreed to give further and the General Fund. The amount to be II. Proposed Action consideration to the issue raised by this recovered for FY 2000 is approximately III. Plain Language commenter. $447.0 million. IV. Voluntary Consensus Standards The Commission has declined to V. Environmental Impact: Categorical adopt the suggested approach, for the DATES: The comment period expires Exclusion April 26, 2000. Comments received after following reasons. On April 11, 1995 (60 VI. Paperwork Reduction Act Statement FR 18344), the NRC promulgated a final this date will be considered if it is VII. Regulatory Analysis rule, after notice and comment practical to do so, but the NRC is able VIII. Regulatory Flexibility Analysis rulemaking, that revised its size to ensure only that comments received IX. Backfit Analysis standards. The final rule established the on or before this date will be I. Background small entity classification applicable to considered. Because OBRA–90 requires small businesses as follows. Those that NRC collect the FY 2000 fees by OBRA–90, as amended, requires that companies providing services having no September 30, 2000, requests for the NRC recover approximately 100 more than $5 million in average annual extensions of the comment period will percent of its budget authority, less the gross receipts over its last three not be granted. amount appropriated from the completed fiscal years, or, for ADDRESSES: Mail written comments to: Department of Energy (DOE) manufacturing concerns, having an Secretary, U.S. Nuclear Regulatory administered Nuclear Waste Fund average of 500 or fewer employees Commission, Washington, DC 20555– (NWF). Certain NRC costs related to during the preceding 12-month period 0001, ATTN: Rulemakings and reviews and other assistance provided would qualify as small entities (10 CFR Adjudications Staff. Hand deliver to the Department of Energy (DOE) and 2.810). comments to: 11555 Rockville Pike, other Federal agencies were excluded The NRC promulgated this rule Rockville, Maryland 20852, between from the fee recovery requirement for pursuant to Section 3(a)(2) of the Small 7:30 am and 4:15 pm Federal workdays. FY 2000 by the FY 2000 Energy and Business Act, which permits Federal (Telephone 301–415–1678). Water Development Appropriations Act. agencies to establish size standards via Comments may also be submitted via The NRC assesses two types of fees to notice and comment rulemaking, subject the NRC’s interactive rulemaking recover its budget authority. First, to the approval of the SBA website (http://ruleforum.llnl.gov). This license and inspection fees, established Administrator. Unlike the NRC, the site provides the ability to upload at 10 CFR Part 170 under the authority SBA’s Standard Industrial Classification comments as files (any format), if your of the Independent Offices (SIC) System establishes size standards web browser supports that function. For Appropriation Act of 1952 (IOAA), 31 based on types of economic activity or information about the interactive U.S.C. 9701, recover the NRC’s costs of industry. The NRC rule, which the SBA rulemaking site, contact Ms. Carol providing special benefits to identifiable approved, established generic size Gallagher, 301–415–5905; e-mail applicants and licensees. Examples of standards for small businesses because [email protected]. Comments received may the services provided by the NRC for NRC’s regulatory scheme is not well also be viewed and downloaded which these fees are assessed are the suited to setting standards for each electronically via this interactive review of applications for the issuance component of the regulated nuclear rulemaking website. of new licenses, approvals or renewals, industry. With the exception of restricted and amendments to licenses or information, documents created or approvals. Second, annual fees, II. Proposed Action received at the NRC after November 1, established in 10 CFR Part 171 under The NRC is proposing to amend its 1999, are also available electronically at the authority of OBRA–90, recover licensing, inspection, and annual fees to the NRC’s Public Electronic Reading generic and other regulatory costs not recover approximately 100 percent of its Room on the Internet at http:// recovered through 10 CFR Part 170 fees. FY 2000 budget authority, including the
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FY 2000 FY 1999 proposed annual fee annual fee
Class of Licensees: Power Reactors (Including Spent Fuel Storage/Reactor Decommissioning fee) ...... $2,776,000 $2,815,000 Spent Fuel Storage/Reactor Decommissioning ...... 206,000 209,000 Nonpower Reactors ...... 85,900 87,100 High Enriched Uranium Fuel Facility ...... 3,281,000 3,327,000 Low Enriched Uranium Fuel Facility ...... 1,100,000 1,116,000 UF6 Conversion Facility ...... 472,000 478,000 Uranium Mills ...... 131,000 132,000 Typical Materials Licenses: Radiographers ...... 14,700 14,900 Well Loggers ...... 9,900 10,100 Gauge Users ...... 2,600 2,600 Broad Scope Medical ...... 27,800 28,100
The final FY 2000 fee rule will be a NRC announced in FY 1998 that, as a A. Amendments to 10 CFR Part 170: ‘‘major’’ final action as defined by the cost-saving measure, it planned to Fees for Facilities, Materials, Import and Small Business Regulatory Enforcement discontinue mailing the final rule to all Export Licenses, and Other Regulatory Fairness Act of 1996. Therefore, the licensees. Accordingly, the NRC does Services Under the Atomic Energy Act NRC’s fees for FY 2000 would become not plan to mail the FY 2000 final rule, of 1954, as Amended effective 60 days after publication of the or future final rules, to all licensees. The NRC is proposing to revise the final rule in the Federal Register. The However, the NRC will send the final hourly rates used to calculate fees and NRC will send an invoice for the rule to any licensee or other person to adjust the 10 CFR Part 170 fees based amount of the annual fee to reactors and upon request. To request a copy, contact on the revised hourly rates. The NRC is major fuel cycle facilities upon the License Fee and Accounts also proposing an administrative publication of the FY 2000 final rule. Receivable Branch, Division of amendment to § 170.12(c) to clarify that For these licensees, payment would be Accounting and Finance, Office of the the site to which a resident inspector is due on the effective date of the FY 2000 Chief Financial Officer, at 301–415– assigned will not be assessed Part 170 rule. Those materials licensees whose 7554, or e-mail us at [email protected]. It is fees for time spent by the resident license anniversary date during FY 2000 inspector in support of activities at falls before the effective date of the final our intent to publish the final rule in late May or early June of 2000. In another site. The proposed amendments FY 2000 rule would be billed during the are as follows: anniversary month of the license and addition to publication in the Federal continue to pay annual fees at the FY Register, the final rule will be available 1. Hourly Rates on the internet at http:// 1999 rate in FY 2000. Those materials The NRC is proposing to revise the licensees whose license anniversary ruleforum.llnl.gov. two professional hourly rates for NRC date falls on or after the effective date The NRC is also proposing to make staff time established in § 170.20. These of the final FY 2000 rule would be other changes to 10 CFR Parts 170 and proposed rates would be based on the billed at the FY 2000 revised rates 171 as discussed in Sections A and B number of FY 2000 direct program full during the anniversary month of the below: time equivalents (FTEs) and the FY license and payment would be due on 2000 NRC budget, excluding direct the date of the invoice. program support costs and NRC’s As a matter of courtesy, the NRC appropriations from the NWF and the plans to continue to mail the proposed General Fund. These rates are used to fee rules to all licensees. However, the determine the Part 170 fees. The
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TABLE 1. FY 2000 BUDGET AUTHORITY TO BE INCLUDED IN HOURLY RATES
Reactor Materials program program
Direct Program Salaries & Benefits ...... $103.3M $29.0M Overhead Salaries & Benefits, Program Travel and Other Support ...... 53.2M 15.3M Allocated Agency Management and Support ...... 98.8M 27.9M
Subtotal ...... $255.3M $72.2M Less offsetting receipts ...... ¥.1M ......
Total Budget Included in Hourly Rate ...... $255.2M $72.2M Program Direct FTEs ...... 997.5 284.9 Rate per Direct FTE ...... 255,844 253,450 Professional Hourly Rate (Rate per direct FTE divided by 1,776 hours) ...... 144 143
As shown in Table I, dividing the professional hourly rates and any direct inspector in support of activities at $255.2 million (rounded) budgeted program support (contractual services) another site. This provision was amount included in the hourly rate for costs expended by the NRC. Any inadvertently omitted from the revision the reactor program by the reactor professional hours expended on or after of 10 CFR 170 in the FY 1999 fee rule. program direct FTEs (997.5) results in a the effective date of the final rule would 4. Other rate for the reactor program of $255,844 be assessed at the FY 2000 hourly rates. per FTE for FY 2000. The Direct FTE The fees in §§ 170.21 and 170.31 that The NRC solicited public comment in Hourly Rate for the reactor program are based on the average time to review the FY 1999 proposed fee rulemaking would be $144 per hour (rounded to the an application (‘‘flat’’ fees) would be (April 1, 1999; 64 FR 15878) on whether nearest whole dollar). This rate is adjusted to reflect the increase in the to include the development of orders, calculated by dividing the cost per professional hourly rates from FY 1999. evaluation of responses to orders, direct FTE ($255,844) by the number of The amounts of the materials licensing development of Notices of Violations productive hours in one year (1,776 ‘‘flat’’ fees were rounded so that the (NOVs) accompanying escalated hours) as set forth in the revised OMB amounts would be de minimis and the enforcement actions, and evaluation of Circular A–76, ‘‘Performance of resulting flat fee would be convenient to responses to NOVs in the fees collected Commercial Activities.’’ Dividing the the user. Fees under $1,000 are rounded for identifiable services under Part 170 $72.2 million (rounded) budgeted to the nearest $10. Fees that are greater in the FY 2000 proposed fee rule. Those amount included in the hourly rate for than $1,000 but less than $100,000 are commenting on this issue presented the nuclear materials and nuclear waste rounded to the nearest $100. Fees that arguments both for and against assessing program by the program direct FTEs are greater than $100,000 are rounded to Part 170 fees for these activities. The (284.9) results in a rate of $253,450 per the nearest $1,000. NRC stated in the final fee rulemaking FTE for FY 2000. The Direct FTE Hourly The proposed licensing ‘‘flat’’ fees are (June 10, 1999; 64 FR 31452), that it Rate for the materials program would be applicable to fee categories K.1 through would further evaluate this issue prior $143 per hour (rounded to the nearest K.5 of § 170.21, and fee categories 1.C, to promulgation of the FY 2000 fee rule. whole dollar). This rate is calculated by 1.D, 2.B, 2.C, 3.A through 3.P, 4.B Three of the four commenters who dividing the cost per direct FTE through 9.D, 10.B, 15.A through 15.E, addressed this issue in FY 1999 did not ($253,450) by the number of productive and 16 of § 170.31. Applications filed on support recovering the costs for these hours in one year (1,776 hours). or after the effective date of the final activities under Part 170. These rule would be subject to the revised fees commenters were concerned that 2. Fee Adjustments in this proposed rule. assessing these costs to the specific The NRC is proposing to adjust the licensees under Part 170 could be current Part 170 fees in §§ 170.21 and 3. Administrative Amendment viewed as penalizing the licensee when 170.31 to reflect the changes in the The NRC is proposing to amend the licensee identifies and corrects revised hourly rates. The full cost fees § 170.12(c)(1) to clarify that the fees violations. One commenter supported assessed under §§ 170.21 and 170.31 assessed for a resident inspector’s time Part 170 fee assessment for escalated would be based on the proposed will exclude time spent by the resident enforcement actions, indicating that it is
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TABLE II.ÐCALCULATION OF THE PERCENTAGE CHANGE TO THE FY 1999 ANNUAL FEES [Dollars in millions]
FY 1999 FY 2000
Total Budget ...... $469.80 $470.0 Less NWF ...... ¥17.00 ¥19.15 Less General Fund (Regulatory reviews, and other assistance to other Federal agencies) ...... ¥3.20 ¥3.85
Total Fee Base ...... $449.60 $447.00 Less Part 170 Fees ...... ¥103.50 ¥105.90 Less other receipts ...... ¥4.20 ¥0.10
Part 171 Fee Collections Required ...... $341.90 $341.00 Part 171 Billing Adjustment:1 Small Entity Allowance ...... 5.30 5.60 Estimated Unpaid Current FY Part 171 Invoices ...... 3.40 3.30 Estimated Payments from Prior Year Invoices ...... ¥5.50 ¥3.20
Subtotal ...... 3.20 5.70
Total Part 171 Billing ...... $345.10 $346.70 1 These adjustments are necessary to ensure that the ``billed'' amount results in the required collections. Positive amounts indicate amounts billed that will not be collected in FY 2000.
2. Small Entity Annual Fees As a result, small entities are currently for uranium enrichment. USEC has been The NRC is proposing to increase the paying a smaller percentage of the total subject to annual fees since FY 1997. current maximum small entity annual NRC regulatory costs related to them b. Section 171.15 would be revised as fee and the lower tier small entity than they did in FY 1991 and FY 1992 follows: annual fee by 25 percent. The maximum when the small entity fees were (1) Paragraphs (b) and (c) of § 171.15 small entity annual fee would be established. would be revised in their entirety to increased from $1,800 to $2,300, and the Based on the changes that have establish the FY 2000 annual fees for lower tier small entity fee would be occurred since FY 1991, the NRC has operating power reactors, power increased from $400 to $500. The reanalyzed its maximum small entity reactors in decommissioning or current maximum small entity annual annual fee. As part of the reanalysis, the possession only status, and Part 72 fee was established in FY 1991; the NRC considered the 1999 fees assessed licensees who do not hold Part 50 current lower tier small entity annual by Agreement States, the NRC’s FY 1999 licenses. The fees would be established fee was established in FY 1992. The fee structure, and the increase in the by increasing the FY 1999 actual (prior proposed 25 percent increase is Consumer Price Index between FY 1991 to rounding) annual fees by consistent with the increase in NRC fees and FY 1999. The reanalysis and approximately 1.4 percent. In the FY for other NRC materials licensees since alternatives considered by the NRC for 1999 fee rule, the NRC stated it would FY 1991. The proposed increase is less revising the small entity annual fees are continue to stabilize annual fees by than the increase in the average fees described in the Regulatory Flexibility adjusting the annual fees only by the paid by small entity licensees in Analysis, which is Appendix A to this percentage change (plus or minus) in Agreement States during this time. proposed rule. NRC’s total budget authority, adjusted Between 1991 and 1999, changes in In the future, the NRC plans to re- for changes in estimated collections for both the external and internal examine the small entity fees each year 10 CFR Part 170 fees, the number of environment have affected NRC’s costs that annual fees are rebaselined. licensees paying annual fees, and other and those of its licensees. Increases in adjustments that may be required, 3. Administrative Amendments the NRC materials license fees, unless there is a substantial change in Agreement States’ materials license fees, a. The NRC is proposing to revise the total NRC budget or the magnitude and the Consumer Price Index all § 171.5, Definitions, to include of the budget allocated to a specific indicate that the NRC small entity fee Certificates of Compliance (Certificates) class of licensees, in which case the established in 1991 should be revised. issued under Part 76. The NRC issued annual fee base would be reestablished. In addition, the structure of the fees that two Certificates of Compliance under The activities comprising the FY 1999 NRC charges to its materials licensees Part 76 to the United States Enrichment base annual fees and the additional changed during the period between Corporation (USEC) for the operation of charge (surcharge) are listed in 1991 and 1999. In the past, costs for the gaseous diffusion uranium § 171.15(b)(2), (c)(2) and (d)(1) for materials license inspections, renewals, enrichment plants located at Paducah, convenience purposes. and amendments were recovered Kentucky, and Piketon, Ohio. This Each operating power reactor would through Part 170 fees for services. The proposal would add Part 76 Certificates pay an FY 2000 annual fee of costs of these activities are now to the definition of Materials License in $2,815,000, which includes the included in the Part 171 annual fees § 171.5. This proposed change is an proposed annual fee of $209,000 for assessed to materials licensees. administrative change to codify agency spent fuel storage/reactor While the annual fees increased for practice in the definitions for 10 CFR decommissioning. Each power reactor most materials licensees as a result of Part 171. Section 171.16(a)(1) already holding a Part 50 license that is in these changes, the NRC’s annual fees provides that annual fees covered by the decommissioning or possession only assessed to small entities have not been section apply to person(s) authorized to status and has spent fuel on-site and adjusted to include the additional costs. conduct activities under 10 CFR Part 76 each independent spent fuel storage Part
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72 licensee who does not hold a Part 50 c. Section 171.16 would be amended small entity fee of $500 would be in license would pay the spent fuel as follows: place for those licensees who are storage/reactor decommissioning annual (1) Section 171.16(c) covers the fees considered to be very small entities for fee of $209,000 in FY 2000. assessed for those licensees that can the purposes of this regulation. qualify as small entities under NRC size (2) Paragraph (e) of § 171.15 would be (2) Section 171.16(d) would be standards. A materials licensee may pay revised to establish the FY 2000 annual a reduced annual fee if the licensee revised to establish the FY 2000 annual fee for non-power (test and research) qualifies as a small entity under the fees for materials licensees, including reactors. The fee would be established NRC’s size standards and certifies that Government agencies, licensed by the by increasing the FY 1999 actual (prior it is a small entity using NRC Form 526. NRC. The proposed FY 2000 annual fees to rounding) annual fee by This section would be revised to reflect were determined by increasing the FY approximately 1.4 percent. Each non- the proposed 25 percent increase in the 1999 actual (prior to rounding) annual power reactor would pay an annual fee small entity fees. The NRC would fees by approximately 1.4 percent. After of $87,100 in FY 2000. The NRC would maintain a two-tier fee structure for rounding, the FY 2000 annual fees for continue to grant exemptions from the licensees that qualify as small entities several categories of materials licenses annual fee to Federally-owned and under the NRC’s size standards. In would be the same as in FY 1999. The State-owned research and test reactors general, licensees who qualify as small amount or range of the proposed FY that meet the exemption criteria entities would pay a maximum annual 2000 annual fees for materials licenses specified in § 171.11(a)(2). fee of $2,300. A second or lower-tier is summarized as follows:
MATERIALS LICENSESÐANNUAL FEE RANGES
Category of license Annual fees
Part 70ÐHigh enriched fuel facility ...... $3,327,000 Part 70ÐLow enriched fuel facility ...... 1,116,000 Part 40ÐUF6 conversion facility ...... 478,000 Part 40ÐUranium recovery facilities ...... 30,800 to 132,000 Part 30ÐByproduct Material Licenses ...... 620 to 28,100 1 Part 71ÐTransportation of Radioactive Material ...... 2,300 to 67,600 1Excludes the annual fee for a few military ``master'' materials licenses of broad-scope issued to Government agencies, which is $363,000.
(3) Footnote 1 of § 171.16(d) would be purposes is the first day of the month in assessed would be the fee in effect on amended to provide a waiver of the which the original license was issued. the license anniversary date, unless the annual fees for materials licensees, and d. Section 171.19 Payment, would be annual fee for the prior year was less holders of certificates, registrations, and amended as follows: than $100,000 and the revised annual approvals, who either filed for (1) Section 171.19(b) would be revised fee for the current fiscal year is $100,000 termination of their licenses or to update the fiscal year references, and or more. In this case, the revised amount approvals or filed for possession only/ to give credit for partial payments made would be billed to the licensees upon storage only licenses before October 1, by certain licensees in FY 2000 toward publication of the final rule in the 1999, and permanently ceased licensed their FY 2000 annual fees. The NRC Federal Register, adjusted for any activities entirely by September 30, anticipates that the first, second, and annual fee payments already made for 1999. All other licensees and approval third quarterly payments for FY 2000 that fiscal year based on the anniversary holders who held a license or approval will have been made by operating power month billing process. For FY 2000, the on October 1, 1999, would be subject to reactor licensees and some large anniversary date billing process applies the FY 2000 annual fees. materials licensees before the final rule to those materials licenses in the Holders of new licenses issued during becomes effective. Therefore, the NRC following fee categories: 1C, 1D, 2A(2) FY 2000 would be subject to a prorated would credit payments received for Other, 2A(3), 2A(4), 2B, 2C, 3A through annual fee in accordance with the those quarterly annual fee assessments 3P, 4A through 9D, 10A, and 10B. For current proration provision of § 171.17. toward the total annual fee to be annual fee purposes, the anniversary For example, those new materials assessed. The NRC would adjust the date of the materials license is licenses issued during the period fourth quarterly invoice to recover the considered to be the first day of the October 1, 1999, through March 31, full amount of the revised annual fee or month in which the original materials 2000, would be assessed one-half the to make refunds, as necessary. Payment license was issued. For example, if the annual fee in effect on the anniversary of the annual fee is due on the date of original materials license was issued on date of the license. New materials the invoice and interest accrues from June 17 then, for annual fee purposes, licenses issued on or after April 1, 2000, the invoice date. However, interest the anniversary date of the materials would not be assessed an annual fee for would be waived if payment is received license is June 1 and the licensee would FY 2000. Thereafter, the full annual fee within 30 days from the invoice date. continue to be billed in June of each would be due and payable each (2) The remainder of this section, year for the annual fee in effect on June subsequent fiscal year on the although unchanged, is presented for 1. Materials licensees with anniversary anniversary date of the license. the convenience of the user. As in FY dates in FY 2000 before the effective Beginning June 11, 1996 (the effective 1999, the NRC would continue to bill date of the FY 2000 final rule would be date of the FY 1996 final rule), affected annual fees for most materials licenses billed during the anniversary month of materials licensees are subject to the on the anniversary date of the license the license and continue to pay annual annual fee in effect on the anniversary (licensees whose annual fees are fees at the FY 1999 rate in FY 2000. date of the license. The anniversary date $100,000 or more would continue to be Those materials licensees with license of the materials license for annual fee assessed quarterly). The annual fee anniversary dates falling on or after the
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Further, the NRC’s FY 1991 annual fee the procedures or organization required the plant or facility is in an official duty rule methodology was upheld by the to design, construct or operate a facility. status (i.e., all time in a non-leave D.C. Circuit Court of Appeals in Allied status), excluding time spent by a List of Subjects Signal v. NRC, 988 F.2d 146 (D.C. Cir. resident inspector in support of 1993). 10 CFR Part 170 activities at another site. The hours will be billed at the appropriate hourly rate VIII. Regulatory Flexibility Analysis Byproduct material, Import and export licenses, Intergovernmental established in 10 CFR 170.20. Resident The NRC is required by the Omnibus relations, Non-payment penalties, inspectors’ time related to a specific Budget Reconciliation Act of 1990 to Nuclear materials, Nuclear power plants inspection will be included in the fee recover approximately 100 percent of its and reactors, Source material, Special assessed for the specific inspection in budget authority through the assessment nuclear material. accordance with paragraph (c)(2) of this of user fees. OBRA-90 further requires section. that the NRC establish a schedule of 10 CFR Part 171 * * * * * charges that fairly and equitably Annual charges, Byproduct material, allocates the aggregate amount of these 3. Section 170.20 is revised to read as Holders of certificates, registrations, follows: charges among licensees. approvals, Intergovernmental relations, This proposed rule establishes the Non-payment penalties, Nuclear § 170.20 Average cost per professional schedules of fees that are necessary to materials, Nuclear power plants and staff-hour. implement the Congressional mandate reactors, Source material, Special Fees for permits, licenses, for FY 2000. The proposed rule would nuclear material. result in increases in the annual fees amendments, renewals, special projects, For the reasons set out in the charged to licensees and holders of Part 55 requalification and replacement preamble and under the authority of the certificates, registrations, and approvals, examinations and tests, other required Atomic Energy Act of 1954, as amended, including those that qualify as a small reviews, approvals, and inspections and 5 U.S.C. 553, the NRC is proposing entity under NRC’s size standards in 10 under §§ 170.21 and 170.31 will be to adopt the following amendments to CFR 2.810. The Regulatory Flexibility calculated using the following 10 CFR Parts 170 and 171. Analysis, prepared in accordance with 5 applicable professional staff-hour rates: U.S.C. 604, is included as Appendix A PART 170ÐFEES FOR FACILITIES, Per hour to this proposed rule. MATERIALS, IMPORT AND EXPORT The Small Business Regulatory LICENSES, AND OTHER Reactor Program (§ 170.21 Activi- Enforcement Fairness Act of 1996 REGULATORY SERVICES UNDER THE ties) ...... $144 (SBREFA) was signed into law on March ATOMIC ENERGY ACT OF 1954, AS Nuclear Materials and Nuclear 29, 1996. The SBREFA requires all AMENDED Waste Program (§ 170.31 Ac- Federal agencies to prepare a written tivities) ...... 143 compliance guide for each rule for 1. The authority citation for Part 170 which the agency is required by 5 U.S.C. continues to read as follows: 4. In § 170.21, the introductory text, 604 to prepare a regulatory flexibility Authority: 31 U.S.C. 9701, 96 Stat. 1051; Category K, and footnotes 1 and 2 to the analysis. Therefore, in compliance with sec. 301, Pub. L. 92–314, 86 Stat. 222 (42 table are revised to read as follows: the law, Attachment 1 to the Regulatory U.S.C. 2201w); sec. 201, Pub. L. 93–4381, 88 Flexibility Analysis is the small entity Stat. 1242, as amended (42 U.S.C. 5841); sec. § 170.21 Schedule of fees for production compliance guide for FY 2000. 205, Pub. L. 101–576, 104 Stat. 2842, (31 and utilization facilities, review of standard U.S.C. 901). referenced design approvals, special IX. Backfit Analysis projects, inspections and import and export 2. In § 170.12, paragraph (c)(1) is licenses. The NRC has determined that the revised to read as follows: backfit rule, 10 CFR 50.109, does not Applicants for construction permits, apply to this proposed rule and that a § 170.12 Payment of Fees. manufacturing licenses, operating backfit analysis is not required for this * * * * * licenses, import and export licenses, proposed rule. The backfit analysis is (c) Inspection fees. (1) Inspection fees approvals of facility standard reference not required because these proposed will be assessed to recover full cost for designs, requalification and replacement amendments do not require the each resident inspector (including the examinations for reactor operators, and modification of or additions to systems, senior resident inspector), assigned to a special projects and holders of structures, components, or the design of specific plant or facility. The fees construction permits, licenses, and a facility or the design approval or assessed will be based on the number of other approvals shall pay fees for the manufacturing license for a facility or hours that each inspector assigned to following categories of services.
SCHEDULE OF FACILITY FEES [See footnotes at end of table]
Facility categories and type of fees Fees 12
*******
K. Import and export licenses: Licenses for the import and export only of production and utilization facilities or the export only of components for produc- tion and utilization facilities issued under 10 CFR Part 110: 1. Application for import or export of reactors and other facilities and exports of components which must be reviewed by the Commissioners and the Executive Branch, for example, actions under 10 CFR 110.40(b) Application-new license ...... $9,300
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SCHEDULE OF FACILITY FEESÐContinued [See footnotes at end of table]
Facility categories and type of fees Fees 12
Amendment ...... 9,300 2. Application for export of reactor and other components requiring Executive Branch review only, for example, those actions under 10 CFR 110.41(a)(1)±(8) Application-new license ...... 5,700 Amendment ...... 5,700 3. Application for export of components requiring foreign government assurances only Application-new license ...... 1,700 Amendment ...... 1,700 4. Application for export of facility components and equipment not requiring Commissioner review, Executive Branch review, or foreign government assurances Application-new license ...... 1,100 Amendment ...... 1,100 5. Minor amendment of any export or import license to extend the expiration date, change domestic information, or make other revisions which do not require in-depth analysis or review Amendment ...... 210 1 Fees will not be charged for orders issued by the Commission under § 2.202 of this chapter or for amendments resulting specifically from the requirements of these types of Commission orders. Fees will be charged for approvals issued under a specific exemption provision of the Com- mission's regulations under Title 10 of the Code of Federal Regulations (e.g., §§ 50.12, 73.5) and any other sections in effect now or in the fu- ture, regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. Fees for licenses in this schedule that are initially issued for less than full power are based on review through the issuance of a full power license (generally full power is considered 100 percent of the facility's full rated power). Thus, if a licensee received a low power license or a temporary license for less than full power and subsequently receives full power authority (by way of license amendment or otherwise), the total costs for the license will be determined through that period when authority is granted for full power operation. If a situation arises in which the Commission de- termines that full operating power for a particular facility should be less than 100 percent of full rated power, the total costs for the license will be at that determined lower operating power level and not at the 100 percent capacity. 2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect at the time the service was provided. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be as- sessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which ex- ceed $50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20.
* * * * * § 170.31 Schedule of fees for materials materials licenses, or import and export licenses and other regulatory services, 5. Section 170.31 is revised to read as licenses shall pay fees for the following including inspections, and import and categories of services. This schedule follows: export licenses. includes fees for health and safety and Applicants for materials licenses, safeguards inspections where import and export licenses, and other applicable. regulatory services and holders of
SCHEDULE OF MATERIALS FEES [See footnotes at end of table]
Category of materials licenses and type of fees 1 Fee 23
1. Special nuclear material: A. Licenses for possession and use of 200 grams or more of plutonium in unsealed form or 350 grams or more of contained U±235 in unsealed form or 200 grams or more of U±233 in unsealed form. This includes applications to terminate licenses as well as licenses authorizing possession only: Licensing and Inspection ...... Full Cost. B. Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI): Licensing and inspection ...... Full Cost. C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers: 4 Application ...... $660. D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in com- bination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay the same fees as those for Category 1A: 4 Application ...... $1300. E. Licenses or certificates for construction and operation of a uranium enrichment facility Licensing and inspection ...... Full Cost. 2. Source material:
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SCHEDULE OF MATERIALS FEESÐContinued [See footnotes at end of table]
Category of materials licenses and type of fees 1 Fee 23
A.(1) Licenses for possession and use of source material in recovery operations such as milling, in-situ leaching, heap-leach- ing, refining uranium mill concentrates to uranium hexafluoride, ore buying stations, ion exchange facilities and in proc- essing of ores containing source material for extraction of metals other than uranium or thorium, including licenses author- izing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode: Licensing and inspection ...... Full Cost. (2) Licenses that authorize the receipt of byproduct material, as defined in Section 11e(2) of the Atomic Energy Act, from other persons for possession and disposal except those licenses subject to fees in Category 2.A.(1) Licensing and inspection ...... Full Cost. (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licens- ee's milling operations, except those licenses subject to the fees in Category 2.A.(1) Licensing and inspection ...... Full Cost. B. Licenses which authorize the possession, use, and/or installation of source material for shielding: Application ...... $160. C. All other source material licenses: Application ...... $5,600. 3. Byproduct material: A. Licenses of broad scope for the possession and use of byproduct material issued under Parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution: Application ...... $6,700. B. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for processing or manu- facturing of items containing byproduct material for commercial distribution: Application ...... $2,500. C. Licenses issued under §§ 32.72, 32.73, and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing by- product material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR 170.11(a)(4). These licenses are covered by fee Category 3D Application ...... $10,300. D. Licenses and approvals issued under §§ 32.72, 32.73, and/or 32.74 of this chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of byproduct mate- rial. This category includes licenses issued under §§ 32.72, 32.73, and/or 32.74 of this chapter to nonprofit educational in- stitutions whose processing or manufacturing is exempt under 10 CFR 170.11(a)(4) Application ...... $2,400. E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units): Application ...... $1,700. F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of ma- terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra- diation of materials where the source is not exposed for irradiation purposes Application ...... $3,300. G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of mate- rials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradia- tion of materials where the source is not exposed for irradiation purposes Application ...... $3,500. H. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of Part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the li- censing requirements of Part 30 of this chapter: Application ...... $2,100. I. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of Part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of Part 30 of this chapter: Application ...... $3,200. J. Licenses issued under Subpart B of Part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under Part 31 of this chapter. This category does not in- clude specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally li- censed under Part 31 of this chapter: Application ...... $1,000. K. Licenses issued under Subpart B of Part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under Part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been author- ized for distribution to persons generally licensed under Part 31 of this chapter: Application ...... $590. L. Licenses of broad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution: Application ...... $5,600.
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SCHEDULE OF MATERIALS FEESÐContinued [See footnotes at end of table]
Category of materials licenses and type of fees 1 Fee 23
M. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for research and devel- opment that do not authorize commercial distribution: Application ...... $2,300. N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A, 4B, and 4C: Application ...... $2,400. O. Licenses for possession and use of byproduct material issued under Part 34 of this chapter for industrial radiography op- erations: Application ...... $5,900. P. All other specific byproduct material licenses, except those in Categories 4A through 9D: Application ...... $1,300. 4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material: Licensing and inspection ...... Full Cost. B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by trans- fer to another person authorized to receive or dispose of the material: Application ...... $1,700. C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material: Application ...... $2,600. 5. Well logging: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies: Application ...... $6,100. B. Licenses for possession and use of byproduct material for field flooding tracer studies: Licensing ...... Full Cost. 6. Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material: Application ...... $11,400. 7. Medical licenses: A. Licenses issued under Parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices: Application ...... $6,200. B. Licenses of broad scope issued to medical institutions or two or more physicians under Parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byprod- uct material, source material, or special nuclear material in sealed sources contained in teletherapy devices: Application ...... $4,500. C. Other licenses issued under Parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate- rial, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices: Application ...... $2,400. 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activi- ties: Application ...... $330. 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, ex- cept reactor fuel devices, for commercial distribution: ApplicationÐeach device ...... $5,300. B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manu- factured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices: ApplicationÐeach device ...... $3,800. C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except re- actor fuel, for commercial distribution: ApplicationÐeach source ...... $1,600. D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufac- tured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel: ApplicationÐeach source ...... $540. 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers: Licensing and inspections ...... Full Cost.
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SCHEDULE OF MATERIALS FEESÐContinued [See footnotes at end of table]
Category of materials licenses and type of fees 1 Fee 23
B. Evaluation of 10 CFR Part 71 quality assurance programs: Application ...... $400. Inspections ...... Full Cost. 11. Review of standardized spent fuel facilities: Licensing and inspection ...... Full Cost. 12. Special projects: 5 Approvals and preapplication/Licensing activities ...... Full Cost. Inspections ...... Full Cost. 13. A. Spent fuel storage cask Certificate of Compliance: Licensing ...... Full Cost. B. Inspections related to spent fuel storage cask Certificate of Compliance ...... Full Cost. C. Inspections related to storage of spent fuel under § 72.210 of this chapter Full Cost. 14. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under Parts 30, 40, 70, 72, and 76 of this chapter: Licensing and inspection ...... Full Cost. 15. Import and Export licenses: Licenses issued under 10 CFR Part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, heavy water, or nuclear grade graphite A. Application for export or import of high enriched uranium and other materials, including radioactive waste, which must be reviewed by the Commissioners and the Executive Branch, for example, those actions under 10 CFR 110.40(b). This category includes application for export or import of radioactive wastes in multiple forms from multiple generators or brokers in the exporting country and/or going to multiple treatment, storage or disposal facilities in one or more re- ceiving countries ApplicationÐnew license ...... $9,300. Amendment ...... $9,300. B. Application for export or import of special nuclear material, source material, tritium and other byproduct material, heavy water, or nuclear grade graphite, including radioactive waste, requiring Executive Branch review but not Com- missioner review. This category includes application for the export or import of radioactive waste involving a single form of waste from a single class of generator in the exporting country to a single treatment, storage and/or disposal facility in the receiving country ApplicationÐnew license ...... $5,700. Amendment ...... $5,700. C. Application for export of routine reloads of low enriched uranium reactor fuel and exports of source material requiring only foreign government assurances under the Atomic Energy Act ApplicationÐnew license ...... $1,700. Amendment ...... $1,700. D. Application for export or import of other materials, including radioactive waste, not requiring Commissioner review, Executive Branch review, or foreign government assurances under the Atomic Energy Act. This category includes ap- plication for export or import of radioactive waste where the NRC has previously authorized the export or import of the same form of waste to or from the same or similar parties, requiring only confirmation from the receiving facility and li- censing authorities that the shipments may proceed according to previously agreed understandings and procedures Application-new license ...... $1,100. Amendment ...... $1,100. E. Minor amendment of any export or import license to extend the expiration date, change domestic information, or make other revisions which do not require in-depth analysis, review, or consultations with other agencies or foreign governments Amendment ...... $210. 16. Reciprocity: Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20 Application (initial filing of Form 241) ...... $1,200. Revisions ...... $200. 1 Types of feesÐSeparate charges, as shown in the schedule, will be assessed for preapplication consultations and reviews and applications for new licenses and approvals, issuance of new licenses and approvals, certain amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources and devices, and certain inspections. The following guidelines apply to these charges: (a) Application fees. Applications for new materials licenses and export and import licenses; applications to reinstate expired, terminated, or in- active licenses except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category. (1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category. (2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for fee Category 1C only. (b) Licensing fees. Fees for reviews of applications for new licenses and for renewals and amendments to existing licenses, for preapplication consultations and for reviews of other documents submitted to NRC for review, and for project manager time for fee categories subject to full cost fees (fee Categories 1A, 1B, 1E, 2A, 4A, 5B, 10A, 11, 12, 13A, and 14) are due upon notification by the Commission in accordance with § 170.12(b). (c) Amendment/revision fees. Applications for amendments to export and import licenses and revisions to reciprocity initial applications must be accompanied by the pre- scribed amendment/revision fee for each license/revision affected. An application for an amendment to a license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amend- ment is applicable to two or more fee categories in which case the amendment fee for the highest fee category would apply.
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(d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c). 2 Fees will not be charged for orders issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the require- ments of these types of Commission orders. However, fees will be charged for approvals issued under a specific exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and any other sections in effect now in the future) regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Categories 9A through 9D. 3 Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in § 170.20 in effect at the time the service is provided, and the appropriate contractual support services expended. For applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amend- ment, revision, or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20. 4 Licensees paying fees under Categories 1A, 1B, and 1E are not subject to fees under Categories 1C and 1D for sealed sources authorized in the same license except for an application that deals only with the sealed sources authorized by the license. 5 Fees will not be assessed for requests/reports submitted to the NRC: (a) In response to a Generic Letter or NRC Bulletin that does not result in an amendment to the license, does not result in the review of an al- ternate method or reanalysis to meet the requirements of the Generic Letter, or does not involve an unreviewed safety issue; (b) In response to an NRC request (at the Associate Office Director level or above) to resolve an identified safety, safeguards, or environ- mental issue, or to assist NRC in developing a rule, regulatory guide, policy statement, generic letter, or bulletin; or (c) As a means of exchanging information between industry organizations and the NRC for the purpose of supporting generic regulatory im- provements or efforts.
PART 171ÐANNUAL FEES FOR actual (prior to rounding) annual fee reactor decommissioning annual fee REACTOR LICENSES AND FUEL upward by approximately 1.4 percent. (which is also included in the operating CYCLE LICENSES AND MATERIAL (2) The FY 1999 annual fee was power reactor annual fee shown in LICENSES, INCLUDING HOLDERS OF comprised of a base operating power paragraph (b) of this section), and an CERTIFICATES OF COMPLIANCE, reactor annual fee, a base spent fuel additional charge (surcharge). The REGISTRATIONS, AND QUALITY storage/reactor decommissioning annual activities comprising the FY 1999 ASSURANCE PROGRAM APPROVALS fee, and associated additional charges surcharge are shown in paragraph (d)(1) AND GOVERNMENT AGENCIES (surcharges). The activities comprising of this section. The activities comprising LICENSED BY THE NRC the FY 1999 spent storage/reactor the FY 1999 spent fuel storage/reactor decommissioning base annual fee are decommissioning base annual fee are: 6. The authority citation for Part 171 shown in paragraph (c)(2)(i) and (ii) of (i) Generic and other research continues to read as follows: this section. The activities comprising activities directly related to reactor Authority: Sec. 7601, Pub. L. 99–272, 100 the FY 1999 surcharge are shown in decommissioning and spent fuel Stat. 146, as amended by sec. 5601, Pub. L. paragraph (d)(1) of this section. The storage; and 100–203, 101 Stat. 1330, as amended by Sec. activities comprising the FY 1999 base (ii) Other safety, environmental, and 3201, Pub. L. 101–239, 103 Stat. 2106 as annual fee for operating power reactors safeguards activities related to reactor amended by sec. 6101, Pub. L. 101–508, 104 are as follows: decommissioning and spent fuel Stat. 1388, (42 U.S.C. 2213); sec. 301, Pub. L. (i) Power reactor safety and safeguards storage, except costs for licensing and 92–314, 86 Stat. 222 (42 U.S.C. 2201(w)); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. regulation except licensing and inspection activities that are recovered 5841); sec. 2903, Pub. L. 102–486, 106 Stat. inspection activities recovered under under part 170 of this chapter. 3125, (42 U.S.C. 2214 note). Part 170 of this chapter and generic (d)(1) The activities comprising the FY 1999 surcharge are as follows: 7. In Section § 171.5, the definition of reactor decommissioning activities. (ii) Research activities directly related (i) Low level waste disposal generic the term Materials License is revised to to the regulation of power reactors activities; read as follows: except those activities specifically (ii) Activities not attributable to an § 171.5 Definitions. related to reactor decommissioning. existing NRC licensee or class of licensees (e.g., international cooperative * * * * * (iii) Generic activities required largely Materials License means a license, for NRC to regulate power reactors, e.g., safety program and international certificate, approval, registration or updating Part 50 of this chapter, or safeguards activities, support for the other form of permission issued by the operating the Incident Response Center. Agreement State program, and site NRC under the regulations in 10 CFR The base annual fee for operating power decommissioning management plan parts 30, 32 through 36, 39, 40, 61, 70, reactors does not include generic (SDMP) activities); and (iii) Activities not currently subject to 71, 72, and 76. activities specifically related to reactor decommissioning. 10 CFR Part 170 licensing and * * * * * inspection fees based on existing law or 8. In § 171.15, paragraphs (b), (c), (c)(1) The FY 2000 annual fee for each power reactor holding a Part 50 license Commission policy, e.g., reviews and (d)(1), and (e) are revised to read as inspections conducted of nonprofit follows: that is in a decommissioning or possession only status and has spent educational institutions, licensing § 171.15 Annual Fees: Reactor licenses fuel on-site and each independent spent actions for Federal agencies, and costs and spent fuel storage/reactor fuel storage Part 72 licensee who does that would not be collected from small decommissioning. not hold a Part 50 license is $209,000. entities based on Commission policy in * * * * * This fee has been determined by accordance with the Regulatory (b)(1) The FY 2000 annual fee for each increasing the FY 1999 actual (prior to Flexibility Act. operating power reactor which must be rounding) annual fee by approximately * * * * * collected by September 30, 2000, is 1.4 percent. (e) The FY 2000 annual fees for $2,815,000. This fee has been (2) The FY 1999 annual fee was licensees authorized to operate a determined by adjusting the FY 1999 comprised of a base spent fuel storage/ nonpower (test and research) reactor
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Maximum annual fee per licensed category
Small Businesses Not Engaged in Manufacturing and Small Not-For-Profit Organizations (Gross Annual Receipts): $350,000 to $5 million ...... $2,300 Less than $350,000 ...... 500 Manufacturing entities that have an average of 500 employees or less: 35 to 500 employees ...... 2,300 Less than 35 employees ...... 500 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 ...... 2,300 Less than 20,000 ...... 500 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Less: 35 to 500 employees ...... 2,300 Less than 35 employees ...... 500
(1) A licensee qualifies as a small (3) For purposes of this section, the several fee cateogries is the same as the entity if it meets the size standards licensee must submit a new certification FY 1999 annual fee. In the FY 1999 final established by the NRC (See 10 CFR with its annual fee payment each year. rule, the NRC stated it would stabilize 2.810). (4) The maximum annual fee a small annual fees by adjusting the annual fees (2) A licensee who seeks to establish entity is required to pay is $2,300 for only by the percentage change (plus or status as a small entity for the purpose each category applicable to the minus) in NRC’s total budget authority of paying the annual fees required under license(s). and adjustments based on changes in 10 (d) The FY 2000 annual fees for this section must file a certification CFR Part 170 fees, the number of statement with the NRC. The licensee materials licensees and holders of licensees paying the fees, and other must file the required certification on certificates, registrations or approvals required adjustments. The FY 1999 NRC Form 526 for each license under subject to fees under this section are which it is billed. The NRC will include shown below. The FY 2000 annual fees, annual fees were comprised of a base a copy of NRC Form 526 with each which must be collected by September annual fee and an additional charge annual fee invoice sent to a licensee. A 30, 2000, have been determined by (surcharge). The activities comprising licensee who seeks to qualify as a small adjusting the FY 1999 actual (prior to the FY 1999 surcharge are shown for entity must submit the completed NRC rounding) annual fees upward by convenience in paragraph (e) of this Form 526 with the reduced annual fee approximately 1.4 percent. As a result of section. payment. rounding, the FY 2000 annual fee for
SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC [See footnotes at end of table]
Category of materials licenses Annual fees 123
1. Special nuclear material: A. (1) Licenses for possession and use of U±235 or plutonium for fuel fabrication activities. (a) Strategic Special Nuclear Material: Babcock & Wilcox SNM±42 ...... $3,327,000 Nuclear Fuel Services SNM±124 ...... 3,327,000 (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel: Combustion Engineering (Hematite) SNM±33 ...... 1,116,000 General Electric Company SNM±1097 ...... 1,116,000 Siemens Nuclear Power SNM±1227 ...... 1,116,000 Westinghouse Electric Company SNM±1107 ...... 1,116,000 (2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities (a) Facilities with limited operations: Framatome Cogema SNM±1168 ...... 438,000 (b) All Others: General Electric SNM±960 ...... 319,000
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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRCÐContinued [See footnotes at end of table]
Category of materials licenses Annual fees 123
B. Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI). See 10 CFR 171.15(c). C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers ...... 1,200 D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in com- bination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay the same fees as those for Category 1.A.(2) ...... 3,400 E. Licenses or certificates for the operation of a uranium enrichment facility ...... 2,072,000 2. Source material: A.(1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride. .... 478,000 (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ leaching, heap-leach- ing, ore buying stations, ion exchange facilities and in processing of ores containing source material for extraction of met- als other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. Class I facilities 4 ...... 132,000 Class II facilities 4 ...... 111,000 Other facilities 4 ...... 30,800 (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) ...... 81,700 (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the li- censee's milling operations, except those licenses subject to the fees in Category 2.A.(2) ...... 12,900 B. Licenses that authorize only the possession, use and/or installation of source material for shielding ...... 630 C. All other source material licenses ...... 11,800 3. Byproduct material: A. Licenses of broad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution ...... 26,300 B. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for processing or man- ufacturing of items containing byproduct material for commercial distribution ...... 6,400 C. Licenses issued under §§ 32.72, 32.73, and/or 32.74 of this chapter authorizing the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing by- product material. This category also includes the possession and use of source material for shielding authorized under Part 40 of this chapter when included on the same license. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR 171.11(a)(1). These licenses are covered by fee Category 3D...... 15,600 D. Licenses and approvals issued under §§ 32.72, 32.73, and/or 32.74 of this chapter authorizing distribution or redistribu- tion of radiopharmaceuticals, generators, reagent kits and/or sources or devices not involving processing of byproduct material. This category includes licenses issued under §§ 32.72, 32.73 and 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR 171.11(a)(1). This category also includes the possession and use of source material for shielding authorized under Part 40 of this chapter when included on the same license ...... 3,800 E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units)...... 3,500 F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of ma- terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra- diation of materials in which the source is not exposed for irradiation purposes ...... 5,800 G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of ma- terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra- diation of materials in which the source is not exposed for irradiation purposes ...... 15,000 H. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of Part 30 of this chapter, except specific licenses au- thorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing require- ments of Part 30 of this chapter ...... 3,300 I. Licenses issued under Subpart A of Part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of Part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of Part 30 of this chapter ...... 4,700 J. Licenses issued under Subpart B of Part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under Part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 31 of this chapter ...... 2,100 K. Licenses issued under Subpart B of Part 31 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under Part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 31 of this chapter ...... 1,800 L. Licenses of broad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution ...... 11,300
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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRCÐContinued [See footnotes at end of table]
Category of materials licenses Annual fees 123
M. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for research and de- velopment that do not authorize commercial distribution ...... 5,000 N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Cat- egory 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A, 4B, and 4C 5,300 O. Licenses for possession and use of byproduct material issued under Part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under Part 40 of this chapter when authorized on the same license ...... 14,900 P. All other specific byproduct material licenses, except those in Categories 4A through 9D ...... 2,600 4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses au- thorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material ...... 5 N/A B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material ...... 11,500 C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nu- clear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material ...... 8,500 5. Well logging: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies ...... 10,100 B. Licenses for possession and use of byproduct material for field flooding tracer studies ...... 5 N/A 6. Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or spe- cial nuclear material ...... 19,200 7. Medical licenses: A. Licenses issued under Parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license ...... 15,500 B. Licenses of broad scope issued to medical institutions or two or more physicians under Parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material except licenses for by- product material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license 9 .... 28,100 C. Other licenses issued under Parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate- rial, and/or special nuclear material except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license 9 ...... 5,900 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense ac- tivities ...... 1,200 9. Device, product, or sealed source safety evaluation: A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution ...... 6,100 B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices ...... 4,400 C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or spe- cial nuclear material, except reactor fuel, for commercial distribution ...... 1,900 D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or spe- cial nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel ...... 620 10. Transportation of radioactive material: A. Certificates of Compliance or other package approvals issued for design of casks, packages, and shipping containers. Spent Fuel, High-Level Waste, and plutonium air packages ...... 6 N/A Other Casks ...... 6 N/A B. Quality assurance program approvals issued under 10 CFR Part 71 Users and Fabricators ...... 67,600 Users ...... 2,300 11. Standardized spent fuel facilities ...... 6 N/A 12. Special Projects ...... 6 N/A 13. A. Spent fuel storage cask Certificate of Compliance ...... 6 N/A B. General licenses for storage of spent fuel under 10 CFR 72.210. N/A (See 10 CFR 171.15(c)). 14. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under 10 CFR Parts 30, 40, 70, 72, and 76 of this chapter ...... 7 N/A 15. Import and Export licenses ...... 8 N/A 16. Reciprocity ...... 8 N/A
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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRCÐContinued [See footnotes at end of table]
Category of materials licenses Annual fees 123
17. Master materials licenses of broad scope issued to Government agencies ...... 363,000 18. Department of Energy: A. Certificates of Compliance ...... 10 884,000 B. Uranium Mill Tailing Radiation Control Act (UMTRCA) activities ...... 881,000 1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the fiscal year. However, the annual fee is waived for those materials licenses and holders of certificates, registrations, and ap- provals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses prior to October 1, 1999, and permanently ceased licensed activities entirely by September 30, 1999. Annual fees for licensees who filed for termination of a license, down- grade of a license, or for a possession only license during the fiscal year and for new licenses issued during the fiscal year will be prorated in ac- cordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license. Licensees paying an- nual fees under Category 1A(1) are not subject to the annual fees for Category 1C and 1D for sealed sources authorized in the license. 2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of Parts 30, 40, 70, 71, 72, or 76 of this chapter. 3 Each fiscal year, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal Register for notice and comment. 4 A Class I license includes mill licenses issued for the extraction of uranium from uranium ore. A Class II license includes solution mining li- censes (in-situ and heap leach) issued for the extraction of uranium from uranium ores including research and development licenses. An ``other'' license includes licenses for extraction of metals, heavy metals, and rare earths. 5 There are no existing NRC licenses in these fee categories. Once NRC issues a license for these categories, the Commission will consider establishing an annual fee for that type of license. 6 Standardized spent fuel facilities, 10 CFR Parts 71 and 72 Certificates of Compliance, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to the users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are li- censed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions who also hold nuclear medicine licenses under Categories 7B or 7C. 10 This includes Certificates of Compliance issued to DOE that are not under the Nuclear Waste Fund.
(e) The activities comprising the may also make payment by the On-line annual fee for FY 1999 was less than surcharge are as follows: Payment and Collection System $100,000 (billed on the anniversary date (1) LLW disposal generic activities; (OPAC’s). Where specific payment of the license), and whose revised (2) Activities not directly attributable instructions are provided on the annual fee for FY 2000 would be to an existing NRC licensee or classes of invoices to applicants and licensees, $100,000 (subject to quarterly billing), licensees; e.g., international cooperative payment should be made accordingly, would be issued a bill upon publication safety program and international e.g. invoices of $5,000 or more should of the final rule for the full amount of safeguards activities; support for the be paid via ACH through NRC’s the FY 2000 annual fee, less any Agreement State program; site Lockbox Bank at the address indicated payments received for FY 2000 based on decommissioning management plan on the invoice. Credit card payments the anniversary date billing process. (SDMP) activities; and should be made up to the limit (c) Annual fees that are less than (3) Activities not currently assessed established by the credit card bank, in $100,000 are billed on the anniversary licensing and inspection fees under 10 accordance with specific instructions CFR Part 170 based on existing law or provided with the invoices, to the date of the license. For annual fee Commission policy, e.g., reviews and Lockbox Bank designated for credit card purposes, the anniversary date of the inspections conducted of nonprofit payments. In accordance with license is considered to be the first day educational institutions and reviews for Department of the Treasury of the month in which the original Federal agencies; activities related to requirements, refunds will only be made license was issued by the NRC. decommissioning and reclamation; and upon receipt of information on the Licensees that are billed on the license costs that would not be collected from payee’s financial institution and bank anniversary date will be assessed the small entities based on Commission accounts. annual fee in effect on the anniversary policy in accordance with the (b) Annual fees in the amount of date of the license. Materials licenses Regulatory Flexibility Act. $100,000 or more and described in the subject to the annual fee that are 10. Section 171.19 is revised to read Federal Register document issued terminated during the fiscal year but as follows: under § 171.13 must be paid in quarterly before the anniversary month of the installments of 25 percent as billed by license will be billed upon termination § 171.19 Payment. the NRC. The quarters begin on October for the fee in effect at the time of the (a) Method of payment. Annual fee 1, January 1, April 1, and July 1 of each billing. New materials licenses subject payments, made payable to the U.S. fiscal year. The NRC will adjust the to the annual fee will be billed in the Nuclear Regulatory Commission, are to fourth quarterly invoice to recover the month the license is issued or in the be made in U.S. funds by electronic full amount of the revised annual fee. If next available monthly billing for the funds transfer such as ACH (Automated the amounts collected in the first three fee in effect on the anniversary date of Clearing House) using EDI (Electronic quarters exceed the amount of the the license. Thereafter, annual fees for Data Interchange), check, draft, money revised annual fee, the overpayment new licenses will be assessed in the order, or credit card. Federal agencies will be refunded. Licensees whose anniversary month of the license.
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(d) Annual fees of less than $100,000 assessed and collected in any given fiscal annual fees on materials licensees. About 20 must be paid as billed by the NRC. year. percent of these licensees (approximately Materials license annual fees that are In FY 1995, the NRC announced that, in 1,200 licensees for FY 1999) have requested less than $100,000 are billed on the order to stabilize fees, annual fees would be small entity certification in the past. A 1993 adjusted only by the percentage change (plus NRC survey of its materials licensees anniversary date of the license. The or minus) in NRC’s total budget authority, indicated that about 25 percent of these materials licensees that are billed on the adjusted for changes in estimated collections licensees could qualify as small entities anniversary date of the license are those for 10 CFR Part 170 fees, the number of under the NRC’s size standards. covered by fee categories 1C, 1.D, licensees paying annual fees, and as The commenters on previous fee 2(A)(2) other, 2A(3), 2A(4), 2B, 2C, 3A otherwise needed to assure the billed rulemakings consistently indicated that the through 3P, 4B through 9D, 10A, and amounts resulted in the required collections. following results would occur if the proposed 10B. The NRC indicated that if there was a annual fees were not modified. substantial change in the total NRC budget 1. Large firms would gain an unfair (e) Payment is due on the invoice date competitive advantage over small entities. and interest accrues from the date of the authority or the magnitude of the budget allocated to a specific class of licensees, the Commenters noted that small and very small invoice. However, interest will be annual fee base would be recalculated. companies (‘‘Mom and Pop’’ operations) waived if payment is received within 30 In FY 1999, the NRC concluded that there would find it more difficult to absorb the days from the invoice date. had been significant changes in the allocation annual fee than a large corporation or a high- volume type of operation. In competitive Dated at Rockville, Maryland, this 14th day of agency resources among the various markets, such as soils testing, annual fees of March, 2000. classes of licensees and established would put small licensees at an extreme For the Nuclear Regulatory Commission. rebaselined annual fees for FY 1999. The NRC stated in the final FY 1999 rule that to competitive disadvantage with their much Jesse L. Funches, stabilize fees it would continue the policy larger competitors because the proposed fees Chief Financial Officer. established in FY 1995 to adjust the annual would be the same for a two-person licensee fees by the percent change method, unless as for a large firm with thousands of Note: This Appendix Will Not Appear in there was a substantial change in the total employees. 2. Some firms would be forced to cancel the Code of Federal Regulations. NRC budget or the magnitude of the budget their licenses. A licensee with receipts of less allocated to a specific class of licensees, in than $500,000 per year stated that the Appendix A to This Proposed Rule— which case the annual fee base would be proposed rule would, in effect, force it to Draft Regulatory Flexibility Analysis reestablished. relinquish its soil density gauge and license, for the Amendments to 10 CFR Part 170 After evaluating budget data for FY 2000, thereby reducing its ability to do its work (License Fees) and 10 CFR Part 171 the NRC has concluded that there has not effectively. Other licensees, especially well- (Annual Fees) been a substantial change in the total NRC loggers, noted that the increased fees would budget authority or the magnitude of the force small businesses to get rid of the I. Background budget allocated to a specific class of materials license altogether. Commenters The Regulatory Flexibility Act (RFA), as licensees since FY 1999. Therefore, the stated that the proposed rule would result in amended, (5 U.S.C. 601 et seq.) requires that NRC’s proposed FY 2000 annual fees have about 10 percent of the well-logging licensees agencies consider the impact of their been determined by the percent change terminating their licenses immediately and rulemakings on small entities and, consistent method based on FY 1999 annual fees. As a approximately 25 percent terminating their with applicable statutes, consider result, the FY 2000 annual fees for all licenses before the next annual assessment. alternatives to minimize these impacts on the licenses would increase by about 1.4 percent. 3. Some companies would go out of businesses, organizations, and government The Small Business Regulatory business. jurisdictions to which they apply. Enforcement Fairness Act of 1996 (SBREFA) 4. Some companies would have budget The NRC has established standards for is intended to reduce regulatory burdens problems. Many medical licensees noted determining which NRC licensees qualify as imposed by Federal agencies on small that, along with reduced reimbursements, the small entities (10 CFR 2.801). These size businesses, nonprofit organizations, and proposed increase of the existing fees and the standards reflect the Small Business governmental jurisdictions. SBREFA also introduction of additional fees would Administration’s most common receipts- provides Congress with the opportunity to significantly affect their budgets. Others based size standards and include a size review agency rules before they go into effect. noted that, in view of the cuts by Medicare standard for business concerns that are Under this legislation, the NRC annual fee and other third party carriers, the fees would manufacturing entities. The NRC uses the rule is considered a ‘‘major’’ rule and must produce a hardship and some facilities size standards to reduce the impact of annual be reviewed by Congress and the Comptroller would experience a great deal of difficulty in fees on small entities by establishing a General before the rule becomes effective. meeting this additional burden. licensee’s eligibility to qualify for a SBREFA also requires that an agency prepare Since annual fees for materials licenses maximum small entity fee. The small entity a guide to assist small entities in complying were first established, approximately 3,000 fee categories in § 171.16(c) of this proposed with each rule for which final regulatory license, approval, and registration rule are based on the NRC’s size standards. flexibility analysis is prepared. This terminations have been requested. Although The Omnibus Budget Reconciliation Act Regulatory Flexibility Analysis and the small some of these terminations were requested (OBRA–90), as amended, requires that the entity compliance guide (Attachment 1) have because the license was no longer needed or NRC recover approximately 100 percent of its been prepared for the FY 2000 fee rule as licenses or registrations could be combined, budget authority, less appropriations from required by law. indications are that other termination the Nuclear Waste Fund, by assessing license requests were due to the economic impact of II. Impact on Small Entities and annual fees. OBRA–90 requires that the the fees. schedule of charges established by rule The fee rule results in substantial fees To alleviate the significant impact of the should fairly and equitably allocate the total being charged to those individuals, annual fees on a substantial number of small amount to recover from NRC’s licensees and organizations, and companies that are entities, the NRC considered the following be assessed under the principle that licensees licensed by the NRC, including those alternatives, in accordance with the RFA, in who require the greatest expenditure of licensed under the NRC materials program. developing each of its fee rules since 1991. agency resources pay the greatest annual The comments received on previous 1. Base fees on some measure of the charges. The amount to be collected for FY proposed fee rules and the small entity amount of radioactivity possessed by the 2000 is approximately $447.0 million. certifications received in response to licensee (e.g., number of sources). Since 1991, the NRC has complied with previous final fee rules indicate that NRC 2. Base fees on the frequency of use of the OBRA–90 by issuing a final rule that amends licensees qualifying as small entities under licensed radioactive material (e.g., volume of its fee regulations. These final rules have the NRC’s size standards are primarily patients). established the methodology used by NRC in materials licensees. Therefore, this analysis 3. Base fees on the NRC size standards for identifying and determining the fees to be will focus on the economic impact of the small entities.
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The NRC has reexamined its previous licensees. The upper and lower tier Logging, 7A—Teletherapy, and 7C—Nuclear evaluations of these alternatives and maximum small entity annual fees did not Medicine. Together these categories comprise continues to believe that establishment of a change in those years. Increases in the NRC 80 percent of NRC’s small entity licensees for maximum fee for small entities is the most materials license fees, Agreement States’ FY 1999. appropriate and effective option for reducing materials license fees, and the Consumer Among the eleven Agreement States the impact of its fees on small entities. Price Index all indicate that the NRC small reviewed, the fee structures varied both in entity fee established in 1991 should be III. Maximum Fee terms of the fee amounts and the services revised. In addition to these increases, the included in the fees. Of the eleven states, The RFA and its implementing guidance structure of the fees that NRC charges to its only Georgia and Washington provide a do not provide specific guidelines on what materials licensees changed during the separate small entity fee for qualified constitutes a significant economic impact on period between 1991 and 1999. Costs for a small entity. Therefore, the NRC has no materials license inspections, renewals, and licensees. The remaining nine states do not benchmark to assist it in determining the amendments, which were previously identify small entities in their fee structure amount or the percent of gross receipts that recovered through Part 170 fees for services, and therefore assess the same fee to all should be charged to a small entity. In are now included in the Part 171 annual fees licensees regardless of their size. developing the maximum small entity annual assessed to materials licensees. Increases in the materials license fees since fee in FY 1991, the NRC examined its 10 CFR While the annual fees increased for most 1991 for the eleven Agreement States Part 170 licensing and inspection fees and materials licensees as a result of these selected ranged from 10 percent in New York Agreement State fees for those fee categories changes, the NRC’s annual fees assessed to to 218 percent in Utah (see Table 1). Of which were expected to have a substantial small entities have not been adjusted to particular note are the increases in the States number of small entities. Six Agreement include the additional costs. As a result, of Washington, Georgia, and Utah. States; Washington, Texas, Illinois, Nebraska, small entities are currently paying a smaller Washington and Utah are two of the original New York, and Utah were used as percentage of the total NRC regulatory costs states benchmarked in 1991. Georgia and benchmarks in the establishment of the related to them than they did in FY 1991 and Washington are the two Agreement States maximum small entity annual fee in 1991. FY 1992 when the small entity fees were reviewed that have a separate annual fee for Because small entities in those Agreement established. The amount of the small entity small entities. States were paying the fees, the NRC subsidy paid by other licensees for these The structure of the total fees per year in concluded that these fees did not have a regulatory costs was $4.3 million in FY 1991. Georgia is similar to that used to determine significant impact on a substantial number of With the addition of the lower tier small the total fees paid by NRC small entity small entities. Therefore, those fees were entity fee in FY 1992, the small entity licensees in 1991. In Georgia, this fee considered a useful benchmark in subsidy increased to $5.4 million, or about increased by 64 percent from 1991 to 1999. establishing the NRC maximum small entity $2,700 for each of the 2000 small entities in annual fee. FY 1992. Although the number of small The increase in Georgia is directly The NRC maximum small entity fee was entities had declined to approximately 1,200 comparable to the NRC context since Georgia established as an annual fee only. In addition by 1999, the FY 1999 small entity subsidy uses the same two-tier structure for its small to the annual fee, NRC small entity licensees was $5.3 million, or about $4,400 for each entity annual fees. were required to pay amendment, renewal small entity. Washington’s maximum fee assessed to and inspection fees. In setting the small Based on the changes that have occurred small entities increased by 25 percent, from entity annual fee, NRC ensured that the total since FY 1991, the NRC has reanalyzed its approximately $3,800 in 1991 to amount small entities paid annually would maximum small entity annual fee. As part of approximately $4,700 in 1999. The $4,700 fee not exceed the maximum paid in the six the reanalysis, the NRC considered the 1999 is charged for an Industrial Radiography benchmark Agreement States. fees assessed by Agreement States, the NRC’s license. Washington had the highest Of the six benchmark states, the maximum FY 1999 fee structure, and the increase in the maximum fee in 1991 and it was this fee that Agreement State fee of $3,800 in Washington Consumer Price Index between FY 1991 and provided the basis for the maximum fees was used as the ceiling for the total fees. FY 1999. The reanalysis and alternatives assessed to NRC small entity licensees. Thus the NRC’s small entity fee was considered by the NRC for revising the small Utah had the lowest maximum fee of the developed to ensure that the total fees paid entity annual fees are described below. six benchmark states in 1991 . By 1999, by NRC small entities would not exceed Utah’s maximum fee had increased by 218 $3,800. Given the NRC’s 1991 fee structure A. Analysis of Maximum Small Entity Annual Fee percent, from $440 to $1,400. As in for inspections, amendments, and renewals, Washington, the maximum fee is charged for a small entity annual fee established at The analysis included a review of the fee an Industrial Radiography license. $1,800 allowed the total fee (small entity structures in Agreement States to determine Table 1 shows the increases in the annual fee plus yearly average for what fees they currently assess small entities. maximum total fees paid by small entities in inspections, amendments and renewal fees) To maintain consistency and to facilitate the selected Agreement States from 1991 to for all categories to fall under the $3,800 direct comparisons between 1991 and 1999, 1999. Data is not presented in the Table for ceiling. the analysis focused on the fee categories the State of California because California In 1992, the NRC introduced a second, used in 1991 and included fees imposed by lower tier to the small entity fee in response the six benchmark Agreement States used in does not use fee categories that are directly to concerns that the $1,800 fee, when added 1991 and five other Agreement States with mapped to NRC fee categories. California to the license and inspection fees, still the highest number of licenses. charges a base fee plus a fee based on the imposed a significant impact on small The eleven states selected were: California, number of millicuries handled. In addition, entities with relatively low gross annual Texas, New York, Florida, Illinois, because the FY 1991 fees for the State of receipts. For purposes of the annual fee, each Tennessee, Maryland, Georgia, Washington, Maryland were not available, only the small entity size standard was divided into Utah, and Nebraska. Seven NRC fee maximum fee for FY 1999 is shown in the an upper and lower tier. Small entity categories were selected for review based on Table. The change in the maximum fee paid licensees in the upper tier continued to pay the number of small entities present in the by NRC small entity licensees over the same an annual fee of $1,800 while those in the category and inclusion of the category in the period is included for purposes of lower tier paid an annual fee of $400. 1991 review. The fee categories selected comparison. This fee decreased by 47 percent Between 1991 and 1999, changes in both were: 3M—Research and Development, 3N— while fees in the Agreement States were the external and internal environment have Services, 3O—Industrial Radiography, 3P— increasing. The reason for this decrease is impacted NRC costs and those of its Gauges and Other Industrial Uses, 5A—Well discussed in B. below.
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TABLE 1.ÐPERCENTAGE CHANGE IN THE MAXIMUM TOTAL FEE ASSESSED TO SMALL ENTITIES ANNUALLY
Maximum fee Maximum fee Percent State 1991 1999 change
Utah ...... $440 $1,400 218 Nebraska ...... 1,456 2,925 101 Texas ...... 2,100 4,230 101 Tennessee ...... 2,000 4,000 100 Georgia ...... 1,650 2,700 64 Florida ...... 1,925 2,657 38 Illinois ...... 2,000 2,733 37 Washington ...... 3,760 4,699 25 New York ...... 1,000 1,100 10 Maryland ...... (1) 1,350 (1) NRC Small Entity ...... 3,400 1,800 (¥47) 1 Not available.
The increases in the fees assessed to small increased fees, it can be inferred that the fees component of the total annual costs that entities in Agreement States between 1991 do not have a significant impact on them. would be assessed to small entities. Table 2 and 1999 suggest that the cost to support B. Analysis of Changes in the NRC Small presents the composition of the 1991 total radioactive materials licensees has increased Entity Fee Structure annual cost for small entities. over time. Because small entities in When NRC established its small entity Agreement States are currently paying the annual fee in 1991, the fee was viewed as one
TABLE 2.ÐTOTAL FEES ASSESSED TO NRC SMALL ENTITIES IN 1991
Selected Fee Categories Fees 7C 3M 3O 5A 7A Nuclear Research and 3N Industrial 3P Well Teletherapy medicine development Services radiography Gauges logging
Annualized Inspection Fee 1 ...... $920 $ 420 $ 200 $140 $920 $180 $210 Amendment Fee 2 ...... 340 340 630 320 390 300 430 Annualized Renewal Fee 3 ...... 130 170 40 130 280 80 320
Subtotal ...... 1,390 930 870 590 1,590 560 960
Annual Fee for Small Entity ...... 1,800 1,800 1,800 1,800 1,800 4 1,500 1,800
Total Fees (Rounded) ...... 3,200 2,700 2,700 2,400 3,400 2,100 2,800 1 NRC charged a separate fee for inspections under Part 170. The inspection frequency, defined as years between inspections, varies with each category of license. To annualize the inspection fee, the fee charged per inspection was divided by the inspection frequency. 2 NRC charged a fee for each amendment to a license. In determining the total annual cost, one amendment per year was assumed. 3 In 1991 NRC issued materials licenses for a five-year period. At the end of this period each licensee paid a fee under Part 170 to renew the license. Because the licensee paid this fee once every five years, in calculating the total annual cost, the renewal fee was annualized by dividing by five. 4 The FY 1991 annual fee of $1,500 for category 3P was less than the $1,800 small entity annual fee. Therefore, small entities in this category paid the $1,500 annual fee, not $1,800.
Since 1991, NRC’s Part 170 inspection, average total non-small entity annual fee for percent. Of particular note are the increases renewal, and amendment fees for materials other NRC materials licenses increased by 25 in categories 7C—Nuclear Medicine, 3O— licenses have been eliminated and the costs percent and the average maximum annual fee Industrial Radiography, and 3P—Gauges. of those services included in the annual fee. for small entity licensees in Agreement States These categories contain 67 percent of the Although the annual fee now covers the costs increased by 54 percent. small entity licenses invoiced for FY1999. for inspections, renewals, and amendments, Table 3 compares the total fees (annual, The average fee increase for these three the small entity fee itself remained inspection, renewal, and amendment) categories is 31 percent, compared to the 25 unchanged. As a result, the maximum NRC assessed to NRC materials licensees in 1991 percent average for the seven categories fees paid by small entities has declined by 47 with the total fees (annual) assessed to these reviewed. percent, from $3,400 in 1991 to $1,800 in licensees in 1999. In five of the seven 1999. This decrease occurred while the categories the fee increases were over 20
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TABLE 3.ÐCOMPARISON BETWEEN TOTAL NRC ANNUAL FEES FOR SELECTED CATEGORIES FOR 1991 AND 1999
3M 3O 7A 7C Research 3N Industrial 3P 5A NRC Fees Tele- Nuclear & devel- Services radiog- Gauges Well Average therapy medicine opment raphy logging
1991 Annual Fee ...... $9,700 $3,500 $4,000 $4,400 $9,300 $1,500 $7,000 $5,600 1991 Other Fees: Annualized Inspection Fee ...... 920 420 200 140 920 180 200 Amendment Fee ...... 340 340 630 320 390 300 430 Annualized Renewal Fee ...... 130 170 40 130 280 80 320
Total Other Fees ...... 1,390 930 870 590 1,590 560 950 Total Fee in 1991 (Rounded) ...... 11,100 4,400 4,900 5,000 10,900 2,100 8,000 6,700 Total (Annual) Fee In 1999 ...... 15,300 5,800 5,000 5,200 14,700 2,600 9,900 8,400 Fee Increase from 1991 to 1999 ...... 38% 32% 2% 4% 35% 24% 24% 25%
Table 4 compares the 1991 fees for amendments is on average 60 percent higher these costs are recovered only from annual amendments and inspections with the cost to than the amendment fee assessed in 1991; fees assessed to non-small entities. Because provide these services in 1999. The cost was inspection costs are 260 percent higher. the small entity annual fee has remained determined by multiplying the average hours These services are provided to all licensees, static, it does not reflect any increases in to complete amendments and inspections by both small entities and non-small entities. NRC’s costs since 1991. the hourly rate. The 1999 cost for However, under the current fee structure
TABLE 4.ÐCOMPARISON OF NRC INSPECTION AND AMENDMENT COSTS IN 1991 AND 1999
Amendments Inspections Increase Increase 1991 1999 (percent) 1991 1999 (percent)
7AÐTeletherapy ...... $340 $450 32 $920 $3,200 248 7CÐNuclear Medicine ...... 340 520 53 830 3,100 273 3MÐResearch & Development ...... 630 710 13 800 2,300 188 3NÐServices ...... 320 690 116 550 2,700 391 3OÐIndustrial Radiography ...... 390 780 100 920 3,300 259 3PÐGauges ...... 300 390 30 920 2,200 139 5AÐWell Logging ...... 430 950 121 640 2,700 322 Average ...... 400 640 60 800 2,900 263
Given NRC’s 100 percent cost recovery D. Alternatives for Revising the Maximum This method is a simple and obvious requirement, the portion of annual fees not Annual Fee means of applying the rates of increase in recovered from small entities is passed to 1. Increase Small Entity Fees Using the 1991 NRC fees since FY 1991 to the small entity fees. This method does not consider the other NRC licensees. The increasing disparity Methodology between the small entity fee and the cost of changes to the total fees paid by small NRC services included in the annual fee calls Following the reasoning used in the 1991 entities since FY 1991 and does not for a more equitable distribution of the NRC process, the maximum annual fee for small incorporate changes in the composition of costs to these licensees. An increase in the entities could be revised to reflect the current the total fees assessed to small entities per small entity fee would mitigate the cost maximum fees charged by Agreement States year by Agreement States. However, it does differences and would permit small entities and the changes in the NRC fee structure rely on the increases to the total fees paid by to assume a greater portion of NRC costs since 1991. The maximum Agreement State other NRC materials licensees since FY 1991. attributable to them. If everything else fee assessed to small entities in 1999 is This method could also provide a sustainable remains the same, an increase in the small $4,700. Therefore, the maximum value for and simple means of determining whether entity fee would result in a decrease in the NRC’s small entity fee could be set at $4,700. NRC’s small entity fees should be revised in the future. small entity subsidy paid by other licensees. This method would allow the NRC to recover from small entities 48 percent of the 3. Add the 1991 Amendment, Renewal, and C. Analysis of Increases in the Consumer total amount of the small entity annual fee Inspection Costs to the Existing Small Entity Price Index invoices. Although this method is defensible, Fee and Increase the Sum by the Average On a national level the cost of goods and because it is based on sound reasoning used Increase in NRC Materials License Fees From services increased between 1991 and 1999. in the original establishment of the small 1991 to 1999 According to the U.S. Department of Labor, entity fees that have been in place since The small entity fee could be increased by Bureau of Labor Statistics, the Consumer 1991, it is based on an external fee that is loading the existing small entity annual fee Price Index (CPI) increased 28.8 points, from outside NRC’s direct control. of $1,800 with the amendment, renewal, and 136.2 in 1991 to 165.0 for the first half of 2. Increase the Small Entity Fee Using the inspection costs used in 1991 and increasing 1999, an increase of 21 percent. This index Average Increase in NRC Materials License the total by 25 percent. This method not only is an accepted economic indicator of price Fees From 1991 to 1999 incorporates the average increase in NRC fees changes in the US economy. The 21 percent but it bases the increase on the total annual increase in the CPI is evidence that costs in From 1991 to 1999 total NRC fees for costs that were assessed to small entities in NRC’s external environment have increased. materials licenses increased, on average, by 1991. Obviously, NRC’s cost of providing services 25 percent. This percentage could be applied To revise the small entity fee using this to its licensees will be impacted by these to the existing small entity fee to give a new method, a category must be selected as the increases. small entity fee of $2,300. 1991 base. The total annual cost for this
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NRC Definition of Small Entity upon employment during each pay period for qualifying small governmental jurisdiction, The NRC has defined a small entity for the preceding 12 calendar months; or one that is not state or publicly supported purposes of compliance with its regulations 3. Small organization—a not-for-profit and has 500 or fewer labors.1 (10 CFR 2.810) as follows: organization which is independently owned 1. Small business—a for-profit concern that and operated and has annual gross receipts NRC Small Entity Fees provides a service or a concern not engaged of $5 million or less; In 10 CFR 171.16 (c), the NRC has in manufacturing with average gross receipts 4. Small governmental jurisdiction—a established two tiers of small entity fees for of $5 million or less over its last 3 completed government of a city, county, town, licensees that qualify under the NRC’s size fiscal years; township, village, school district or special standards. The NRC is proposing to increase district with a population of less than 50,000; 2. Manufacturing industry—a these fees by 25 percent. The proposed fees manufacturing concern with an average 5. Small educational institution—an are as follows: number of 500 or fewer employees based educational institution supported by a
Maximum annual fee per licensed category
Small Business Not Engaged in Manufacturing and Small Not-For Profit Organizations (Gross Annual Receipts): $350,000 to $5 million ...... $2,300 Less than $350,000 ...... 500 Manufacturing entities that have an average of 500 employees or less: 35 to 500 employees ...... 2,300 Less than 35 employees ...... 500 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 ...... 2,300 Less than 20,000 ...... 500 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Less: 35 to 500 employees ...... 2,300 Less than 35 employees ...... 500
To pay a reduced annual fee, a licensee exceptions as set forth at 13 CFR 121.104. licensee qualifies, resulting in a fee of either must use NRC Form 526, enclosed with the These are: the term receipts excludes net $1150 or $250 for each fee category billed fee invoice, to certify that it meets NRC’s size capital gains or losses, taxes collected for and instead of the full small entity annual fee of standards for a small entity. Failure to file remitted to a taxing authority if included in $2,300 or $500. NRC Form 526 in a timely manner may result gross or total income, proceeds from the A new small entity form (NRC Form 526) in the denial of any refund that might transactions between a concern and its must be filed with the NRC each fiscal year otherwise be due. domestic or foreign affiliates (if also excluded from gross or total income on a consolidated to qualify for reduced fees for that fiscal year. Instructions for Completing NRC Form 526 return filed with the IRS), and amounts Because a licensee’s ‘‘size,’’ or the size 1. File a separate NRC Form 526 for each collected for another by a travel agent, real standards, may change from year to year, the annual fee invoice received. estate agent, advertising agent, or conference invoice reflects the full fee and a new Form 2. Complete all items on NRC Form 526 as management service provider. must be completed and returned for the fee follows: (3) A licensee who is a subsidiary of a large to be reduced to the small entity fee. a. The license number and invoice number entity does not qualify as a small entity. LICENSEES WILL NOT BE ISSUED A NEW must be entered exactly as they appear on the (4) The owner of the entity, or an official INVOICE FOR THE REDUCED AMOUNT. annual fee invoice. empowered to act on behalf of the entity, The completed NRC Form 526, the payment b. The Standard Industrial Classification must sign and date the small entity of the appropriate small entity fee, and the (SIC) Code should be entered if it is known. certification. c. The licensee’s name and address must be The NRC sends invoices to its licensees for ‘‘Payment Copy ‘‘ of the invoice should be entered as they appear on the invoice. Name the full annual fee, even though some entities mailed to the U. S. Nuclear Regulatory and/or address changes for billing purposes qualify for reduced fees as a small entity. Commission, License Fee and Accounts must be annotated on the invoice. Correcting Licensees who qualify as a small entity and Receivable Branch at the address indicated the name and/or address on NRC Form 526 file NRC Form 526, which certifies eligibility on the invoice. or on the invoice does not constitute a for small entity fees, may pay the reduced If you have questions about the NRC’s request to amend the license. Any request to fee, which for a full year is either $2,300 or annual fees, please call the license fee staff amend a license is to be submitted to the $500 depending on the size of the entity, for at 301–415–7554, e-mail the fee staff at respective licensing staffs in the NRC each fee category shown on the invoice. [email protected], or write to the U.S. Nuclear Regional or Headquarters Offices. Licensees granted a license during the first Regulatory Commission, Washington, DC d. Check the appropriate size standard six months of the fiscal year and licensees 20555, Attention: Office of the Chief under which the licensee qualifies as a small who file for termination or for a possession entity. Check one box only. Note the only license and permanently cease licensed Financial Officer. following: activities during the first six months of the False certification of small entity status (1) The size standards apply to the fiscal year pay only 50 percent of the annual could result in civil sanctions being imposed licensee, not the individual authorized users fee for that year. Such an invoice states the by the NRC under the Program Fraud Civil listed in the license. ‘‘Amount Billed Represents 50% Proration.’’ Remedies Act, 31 U.S.C. 3801 et seq. NRC’s (2) Gross annual receipts as used in the This means the amount due from a small implementing regulations are found at 10 size standards includes all revenue in entity is not the prorated amount shown on CFR Part 13. whatever form received or accrued from the invoice but rather one-half of the whatever sources, not solely receipts from maximum annual fee shown on NRC Form [FR Doc. 00–6914 Filed 3–24–00; 8:45 am] licensed activities. There are limited 526 for the size standard under which the BILLING CODE 7590±01±P
1 An educational institution referred to in the size nationally recognized accrediting agency or provides an educational program for which it standards is an entity whose primary function is association, who is legally authorized to provide a awards academic degrees, and whose educational education, whose programs are accredited by a program of organized instruction or study, who programs are available to the public.
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Part III
Department of Defense General Services Administration National Aeronautics and Space Administration
48 CFR Chapter 1 and Part 19 et al. Federal Acquisition Circular 97–16; Introduction; Federal Acquisition Regulation; Small Business Competiveness Demonstration Program; Progress Payments and Related Financing Policies; Technical Amendments; Small Entity Compliance Guide; Interim and Final Rules
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DEPARTMENT OF DEFENSE ACTION: Summary presentation of final FAC. The FAC, including the SECG, is and interim rules, and technical available via the Internet at http:// GENERAL SERVICES amendments. www.arnet.gov/far. ADMINISTRATION DATES: SUMMARY: This document summarizes For effective dates and comment dates, see separate documents which NATIONAL AERONAUTICS AND the Federal Acquisition Regulation (FAR) rules issued by the Civilian follow. SPACE ADMINISTRATION Agency Acquisition Council and the FOR FURTHER INFORMATION CONTACT: The Defense Acquisition Regulations FAR Secretariat, Room 4035, GS 48 CFR Chapter 1 Council in this Federal Acquisition Building, Washington, DC 20405, (202) Federal Acquisition Circular 97±16; Circular (FAC) 97–16. The Councils 501–4755 for information pertaining to drafted these FAR rules using plain status or publication schedules. For Introduction language in accordance with the White clarification of content, contact the House memorandum, Plain Language in analyst whose name appears in the table AGENCIES: Department of Defense (DoD), Government Writing, dated June 1, below in relation to each FAR case or General Services Administration (GSA), 1998. The Councils wrote all new and subject area. Please cite FAC 97–16 and and National Aeronautics and Space revised text using plain language. A specific FAR case number(s). Interested Administration (NASA). companion document, the Small Entity parties may also visit our website at Compliance Guide (SECG), follows this http://www.arnet.gov/far.
Item Subject FAR case Analyst
I ...... Small Business Competitiveness Demonstration Program 1999±012 ...... Moss. (Interim). II ...... Progress Payments and Related Financing Policies ...... 1998±400 (98±400) ...... Olson. III ...... Technical Amendments.
SUPPLEMENTARY INFORMATION: This interim rule only will affect more. Previously, the threshold in the Summaries for each FAR rule follow. contracting officers at participating FAR for financing a contract with a large For the actual revisions and/or agencies when acquiring supplies or business was $1 million; amendments to these FAR cases, refer to services subject to the procedures of the • Permits a large business to bill the the specific item number and subject set Small Business Comp. Demo. Program. Government for subcontract costs that forth in the documents following these The participating agencies are: the large business has incurred but not item summaries. Department of Agriculture; Department actually paid, if certain conditions are Federal Acquisition Circular 97–16 of Defense, except the National Imagery met. Previously, the FAR permitted only amends the FAR as specified below: and Mapping Agency; Department of small business concerns to bill for Energy; Department of Health and subcontract costs that have been Item I—Small Business Human Services; Department of the incurred but not paid; Competitiveness Demonstration Interior; Department of Transportation; • Permits the contracting officer to Program (FAR Case 1999–012) Department of Veterans Affairs; use performance-based payments in contracts for research and development, This interim rule amends FAR Environmental Protection Agency; and in contracts awarded through Subpart 19.10 to clarify language General Services Administration; and National Aeronautics and Space competitive negotiation procedures; and pertaining to the Small Business • Administration. Is effective on March 27, 2000. Competitiveness Demonstration (Comp. However, it is mandatory only for Demo.) Program, consistent with Item II—Progress Payments and solicitations issued on or after May 26, revisions to the Program that were Related Financing Policies (FAR Case 2000. Contracting officers may, at their contained in an OFPP and SBA joint 1998–400) (98–400) discretion, include the clauses and final policy directive dated May 25, provisions in this rule in solicitations 1999. This final rule revises certain financing policies at FAR Part 32, issued before that date. The interim rule— Contract Financing, and related contract Item III—Technical Amendments • Advises the contracting officer to provisions at FAR Part 52. The rule— consider the 8(a) Program and HUBZone • Emphasizes that performance-based These amendments update references Program, in addition to small business payments are the preferred method of and make editorial changes at sections set-asides, for acquisitions of $25,000 or contract financing. Performance-based 1.106, 1.201–1, 1.304, 6.305, 9.404, less in one of the four designated payments are contract financing 9.405, 15.404–1, 49.105–2, 52.212–1, industry groups that will not be set payments made after achievement of 52.217–9, and 52.219–23. aside for emerging small business predetermined goals, such as Dated: March 20, 2000. concerns. performance objectives or defined Edward C. Loeb, • Adds FAR 19.1006, Exclusions, to events. Contracting officers should Director, Federal Acquisition Policy Division. specify acquisitions to which Subpart consider performance-based payments 19.10 does not apply. None of the Small and deem their use impracticable before Federal Acquisition Circular Business Comp. Demo. policies and deciding to provide customary progress Federal Acquisition Circular (FAC) procedures apply to orders under the payments; 97–16 is issued under the authority of Federal Supply Schedule Program or to • Permits contracting officers to the Secretary of Defense, the contracts awarded to educational and provide contract financing on contracts Administrator of General Services, and nonprofit institutions or governmental awarded to large businesses if the the Administrator for the National entities. individual contract is $2 million or Aeronautics and Space Administration.
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All Federal Acquisition Regulation solicitations issued on or after March language and does not change existing (FAR) changes and other directive 27, 2000. policy. Therefore, the Councils have not material contained in FAC 97–16 are Comment Date: Interested parties performed an Initial Regulatory effective March 27, 2000. For Item II, the should submit comments to the FAR Flexibility Analysis. Comments are rule is mandatory for solicitations Secretariat at the address shown below invited from small businesses and other issued on or after May 26, 2000, but on or before May 26, 2000 to be interested parties. The Councils will contracting officers may, at their considered in the formulation of a final consider comments from small entities discretion, include the clauses and rule. concerning the affected FAR subpart in provisions in soliciations issued before ADDRESSES: Submit written comments accordance with 5 U.S.C. 610. Interested May 26, 2000. For Item I, the rule is to: General Services Administration, parties must submit such comments applicable to solicitations issued on or FAR Secretariat (MVR), 1800 F Street, separately and should cite 5 U.S.C. 601, after the rule’s effective date. NW, Room 4035, Attn: Ms. Laurie et seq. (FAR case 1999–012), in Dated: March 15, 2000. Duarte, Washington, DC 20405. correspondence. R.D. Kerrins, Jr., Submit electronic comments via the C. Paperwork Reduction Act Acting Director, Defense Procurement. Internet to: farcase.1999–[email protected]. Please submit comments only and cite The Paperwork Reduction Act (Pub. Dated: March 20, 2000. FAC 97–16, FAR case 1999–012 in all L. 104–13) does not apply because the changes to the FAR do not impose Sue McIver, correspondence related to this case. Acting Deputy Associate Administrator, information collection requirements that FOR FURTHER INFORMATION CONTACT: The require the approval of the Office of Office of Acquisition Policy, General Services FAR Secretariat, Room 4035, GS Administration. Management and Budget under 44 Building, Washington, DC 20405, (202) U.S.C. 3501, et seq. Dated: March 16, 2000. 501–4755, for information pertaining to Tom Luedtke, status or publication schedules. For D. Determination To Issue an Interim Associate Administrator for Procurement, clarification of content, contact Ms. Rule National Aeronautics and Space Victoria Moss, Procurement Analyst, at A determination has been made under Administration. (202) 501–4764. Please cite FAC 97–16, the authority of the Secretary of Defense [FR Doc. 00–7307 Filed 3–24–00; 8:45 am] FAR case 1999–012. (DoD), the Administrator of General BILLING CODE 6820±EP±P SUPPLEMENTARY INFORMATION: Services (GSA), and the Administrator of the National Aeronautics and Space A. Background Administration (NASA) that urgent and DEPARTMENT OF DEFENSE This interim rule amends FAR compelling reasons exist to promulgate Subpart 19.10 to provide updated this interim rule without prior GENERAL SERVICES guidance regarding the Small Business opportunity for public comment. This ADMINISTRATION Competitiveness Demonstration action is necessary because this rule Program (Program). The Program was implements a joint OFPP/SBA policy NATIONAL AERONAUTICS AND originally established in 1988 by Title directive that became effective on SPACE ADMINISTRATION VII of Public Law 100–656, as amended, October 1, 1999. However, pursuant to and subsequently implemented in the Public Law 98–577 and FAR 1.501, the 48 CFR Part 19 FAR. As statutory amendments were Councils will consider public comments [FAC 97±16; FAR Case 1999±012; Item I] made to the Program, OFPP issued received in response to this interim rule conforming modifications to its policy in the formation of the final rule. RIN 9000±AI64 directive. With the enactment of Public List of Subjects in 48 CFR Part 19 Law 105–135, the Small Business Federal Acquisition Regulation; Small Reauthorization Act of 1997, the Government procurement. Business Competitiveness Program was made permanent. The Dated: March 20, 2000. Demonstration Program OFPP and SBA published a joint final Edward C. Loeb, AGENCIES: Department of Defense (DoD), policy directive on the Program in the Director, Federal Acquisition Policy Division. General Services Administration (GSA), Federal Register at 64 FR 29693, June 2, Therefore, DoD, GSA, and NASA and National Aeronautics and Space 1999. Specific guidance published in amend 48 CFR part 19 as set forth Administration (NASA). the OFPP and SBA final policy directive below: ACTION: Interim rule with request for requires that DoD, GSA, and NASA comments. revise the FAR to provide this updated PART 19ÐSMALL BUSINESS guidance. PROGRAMS SUMMARY: The Civilian Agency This rule was not subject to Office of Acquisition Council and the Defense Management and Budget review under 1. The authority citation for 48 CFR Acquisition Regulations Council Section 6(b) of Executive Order 12866, part 19 continues to read as follows: (Councils) have agreed on an interim Regulatory Planning and Review, dated Authority: 40 U.S.C. 486(c); 10 U.S.C. rule amending the Federal Acquisition September 30, 1993. This rule is not a chapter 137; and 42 U.S.C. 2473(c). Regulation (FAR) to implement the major rule under 5 U.S.C. 804. 2. Amend section 19.502–2 in Office of Federal Procurement Policy B. Regulatory Flexibility Act paragraph (a) by revising the last (OFPP) and Small Business sentence; and in paragraph (d) by Administration (SBA) final policy This interim rule is not expected to removing ‘‘(see 19.1006(b))’’ and adding directive to provide updated guidance have a significant economic impact on ‘‘(see 19.1007(b))’’ in its place. The on the Small Business Competitiveness a substantial number of small entities revised text reads as follows: Demonstration Program. within the meaning of the Regulatory DATES: Effective Date: March 27, 2000. Flexibility Act, 5 U.S.C. 601, et seq., 19.502±2 Total small business set-asides. Applicability Date: The FAR, as because the rule merely makes (a) * * * The small business amended by this rule, is applicable to ministerial changes to the existing reservation does not preclude the award
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(2) Must not provide unusual contract (b) Customary contract financing competitive negotiation method of financing except as authorized in other than loan guarantees and certain procurement in accordance with part 32.114. advance payments (see 32.113). 15, through either progress payments (d) Unless otherwise authorized by * * * * * based on costs in accordance with agency procedures, the contracting 4. Add section 32.110 to read as subpart 32.5, or performance-based officer may provide contract financing follows: payments in accordance with subpart in the form of performance-based 32.10 (but not both). 32.110 Payment of subcontractors under (e) Financing of contracts for supplies payments (see subpart 32.10) or cost-reimbursement prime contracts. customary progress payments (see or services awarded under a sole-source If the contractor makes financing subpart 32.5) if the following conditions acquisition as defined in part 6 and payments to a subcontractor under a are met: using the procedures of part 15, through cost-reimbursement prime contract, the either progress payments based on costs (1) The contractor— contracting officer should accept the in accordance with subpart 32.5, or (i) Will not be able to bill for the first financing payments as reimbursable performance-based payments in delivery of products for a substantial costs of the prime contract only under accordance with subpart 32.10 (but not time after work must begin (normally 4 the following conditions: both). months or more for small business (a) The payments are made under the (f) Financing of contracts for supplies concerns, and 6 months or more for criteria in subpart 32.5 for customary or services through advance payments others), and will make expenditures for progress payments based on costs, in accordance with subpart 32.4. contract performance during the 32.202–1 for commercial item purchase (g) Financing of contracts for supplies predelivery period that have a financing, or 32.1003 for performance- or services through guaranteed loans in significant impact on the contractor’s based payments, as applicable. accordance with subpart 32.3. working capital; or (b) If customary progress payments (h) Financing of contracts for supplies (ii) Demonstrates actual financial are made, the payments do not exceed or services through any appropriate need or the unavailability of private the progress payment rate in 32.501–1, combination of advance payments, financing. unless unusual progress payments to the guaranteed loans, and either (2) If the contractor is not a small subcontractor have been approved in performance-based payments or business concern— accordance with 32.501–2. progress payments (but not both) in (c) If customary progress payments are accordance with their respective (i) For an individual contract, the made, the subcontractor complies with subparts. contract price is $2 million or more; or the liquidation principles of 32.503–8, 7. Amend section 32.205 in the (ii) For an indefinite-delivery 32.503–9, and 32.503–10. introductory text of paragraph (b) by contract, a basic ordering agreement or (d) If performance-based payments are removing ‘‘shall’’ each time it is used a similar ordering instrument, the made, the subcontractor complies with (twice) and adding ‘‘must’’ in its place; contracting officer expects the aggregate the liquidation principles of 32.1004(d). and by revising the first sentence of value of orders or contracts that (e) The subcontract contains financing paragraph (c)(4) to read as follows: individually exceed the simplified payments terms as prescribed in this acquisition threshold to have a total part. 32.205 Procedures for offeror-proposed value of $2 million or more. The 5. Revise the section heading at commercial contract financing. contracting officer must limit financing 32.112 to read as follows: * * * * * to those orders or contracts that exceed (c) * * * the simplified acquisition threshold. 32.112 Nonpayment of subcontractors (4) The contracting officer must under contracts for noncommercial items. calculate the time value of proposal- (3) If the contractor is a small business * * * * * specified contract financing concern— 6. Revise section 32.113 to read as arrangements using as the interest rate (i) For an individual contract, the follows: the nominal discount rate specified in contract price exceeds the simplified Appendix C of the Office of 32.113 Customary contract financing. acquisition threshold; or Management and Budget (OMB) (ii) For an indefinite-delivery The solicitation must specify the Circular A–94, ‘‘Guidelines and contract, a basic ordering agreement or customary contract financing offerors Discount Rates for Benefit-Cost Analysis a similar ordering instrument, the may propose. The following are of Federal Programs’’, appropriate to the contracting officer expects the aggregate customary contract financing when period of contract financing. * * * value of orders or contracts to exceed provided in accordance with this part 8. Amend section 32.500 by revising the simplified acquisition threshold. and agency regulations: paragraph (a) to read as follows: 3. Amend section 32.106 in the (a) Financing of shipbuilding, or ship 32.500 Scope of subpart. introductory paragraph by removing conversion, alteration, or repair, when ‘‘shall’’ and adding ‘‘must’’ in its place; agency regulations provide for progress * * * * * and by revising paragraphs (a) and (b) to payments based on a percentage or stage (a) Payments under cost- read as follows: of completion. reimbursement contracts, but see 32.110 (b) Financing of construction or for progress payments made to 32.106 Order of preference. architect-engineer services purchased subcontractors under cost- * * * * * under the authority of part 36. reimbursement prime contracts; or (c) Financing of contracts for supplies * * * * * (a) Private financing without or services awarded under the sealed Government guarantee. It is not 9. Revise section 32.501–1 to read as bid method of procurement in follows: intended, however, that the contracting accordance with part 14 through officer require the contractor to obtain progress payments based on costs in 32.501±1 Customary progress payment private financing— accordance with subpart 32.5. rates. (1) At unreasonable terms; or (d) Financing of contracts for supplies (a) The customary progress payment (2) From other agencies. or services awarded under the rate is 80 percent, applicable to the total
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(A) The Contractor defaults; or 52.232±28 Invitation to Propose the proposed performance-based payments to (B) The subcontractor becomes bankrupt or Performance-Based Payments. determine the total cost to the Government of insolvent. As prescribed in 32.1005(b)(1), insert that particular combination of price and (5) If the financing payments are in the the following provision: performance-based financing. The form of commercial item financing payments, Government will make the adjustment using the terms of the subcontract or Invitation to Propose Performance-Based the procedure described in FAR 32.205(c). interdivisional order concerning payments— Payments (Mar 2000) [FR Doc. 00–7309 Filed 3–24–00; 8:45 am] (i) Are constructed in accordance with FAR (a) The Government invites the offeror to 32.206(c) and included in a subcontract for propose terms under which the Government BILLING CODE 6820±EP±U a commercial item purchase that meets the will make performance-based contract definition and standards for acquisition of financing payments during contract commercial items in FAR Parts 2 and 12; performance. The Government will consider DEPARTMENT OF DEFENSE (ii) Are in conformance with the performance-based payment financing terms requirements of FAR 32.504(g); and proposed by the offeror in the evaluation of GENERAL SERVICES (iii) Subordinate all subcontractor rights the offeror’s proposal. The Contracting ADMINISTRATION concerning property to which the Officer will incorporate the financing terms Government has title under the subcontract of the successful offeror and the FAR clause, NATIONAL AERONAUTICS AND to the Government’s right to require delivery Performance-Based Payments, at FAR SPACE ADMINISTRATION of the property to the Government if— 52.232–32, in any resulting contract. (A) The Contractor defaults; or (b) In the event of any conflict between the 48 CFR Parts 1, 6, 9, 15, and 52 (B) The subcontractor becomes bankrupt or terms proposed by the offeror and the terms insolvent. in the clause at FAR 52.232–32, Performance- (6) If financing is in the form of progress Based Payments, the terms of the clause at [FAC 97±16; Item III] payments, the progress payment rate in the FAR 52.232–32 shall govern. subcontract is the customary rate used by the (c) The Contracting Officer will not accept Federal Acquisition Regulation; contracting agency, depending on whether the offeror’s proposed performance-based Technical Amendments the subcontractor is or is not a small business payment financing if the financing does not concern. conform to the following limitations: AGENCIES: Department of Defense (DoD), (7) Concerning any proceeds received by (1) The Government will make delivery General Services Administration (GSA), the Government for property to which title payments only for supplies delivered and and National Aeronautics and Space has vested in the Government under the accepted, or services rendered and accepted Administration (NASA). subcontract terms, the parties agree that the in accordance with the payment terms of this proceeds shall be applied to reducing any contract. ACTION: Technical amendments. unliquidated financing payments by the (2) The terms and conditions of the Government to the Contractor under this performance-based payments must— SUMMARY: This document makes contract. (i) Comply with FAR 32.1004; amendments to the Federal Acquisition (8) If no unliquidated financing payments (ii) Be reasonable and consistent with all Regulation in order to update references to the Contractor remain, but there are other technical and cost information and make editorial changes. unliquidated financing payments that the included in the offeror’s proposal; and Contractor has made to any subcontractor, (iii) Their total shall not exceed 90 percent EFFECTIVE DATE: March 27, 2000. the Contractor shall be subrogated to all the of the contract price if on a whole contract FOR FURTHER INFORMATION CONTACT: The rights the Government obtained through the basis, or 90 percent of the delivery item price FAR Secretariat, Room 4035, GS terms required by this clause to be in any if on a delivery item basis. Building, Washington, DC 20405, (202) subcontract, as if all such rights had been (3) The terms and conditions of the 501–4755. assigned and transferred to the Contractor. performance-based financing must be in the (9) To facilitate small business best interests of the Government. List of Subjects in 48 CFR Parts 1, 6, 9, participation in subcontracting under this (d) The offeror’s proposal of performance- 15, and 52 contract, the Contractor shall provide based payment financing shall include the financing payments to small business following: Government procurement. (1) The proposed contractual language concerns, in conformity with the standards Dated: March 20, 2000. describing the performance-based payments for customary contract financing payments Edward C. Loeb, stated in FAR 32.113. The Contractor shall (see FAR 32.1004 for appropriate criteria for not consider the need for such financing establishing performance bases and Director, Federal Acquisition Policy Division. payments as a handicap or adverse factor in performance-based finance payment Therefore, DoD, GSA, and NASA the award of subcontracts. amounts). (2) A listing of— amend 48 CFR Parts 1, 6, 9, 15, and 52 * * * * * (i) The projected performance-based as set forth below: (End of clause) payment dates and the projected payment 1. The authority citation for 48 CFR Alternate I (Mar 2000). If the contract is amounts; and Parts 1, 6, 9, 15, and 52 continues to with a small business concern, change each (ii) The projected delivery date and the read as follows: mention of the progress payment and projected payment amount. liquidation rates excepting paragraph (k) to (3) Information addressing the Contractor’s Authority: 40 U.S.C. 486(c); 10 U.S.C. the customary rate of 85 percent for small investment in the contract. chapter 137; and 42 U.S.C. 2473(c). business concerns (see FAR 32.501–1). (e) Evaluation of the offeror’s proposed prices and financing terms will include PART 1ÐFEDERAL ACQUISITION * * * * * REGULATIONS SYSTEM Alternate III (Mar 2000). As prescribed in whether the offeror’s proposed performance- 32.502–4(d), add the following paragraph (l) based payment events and payment amounts are reasonable and consistent with all other 2. Amend section 1.106 in the table to the basic clause. If Alternate II is also terms and conditions of the offeror’s following the introductory paragraph by being used, redesignate the following proposal. adding entries 23.9, 52.223–13, and paragraph as paragraph (n): (End of provision) (l) The provisions of this clause will not be 52.223–14, and by revising entry applicable to individual orders at or below Alternate I (Mar 2000). As prescribed in 52.247–64 to read as follows: the simplified acquisition threshold. FAR 32.1005(b)(2), add the following paragraph (f) to the basic provision: 1.106 OMB approval under the Paperwork 29. Add section 52.232–28 to read as (f) The Government will adjust each Reduction Act. follows: proposed price to reflect the cost of providing * * * * *
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(3) Cause for the action (see 9.406–2 9.405 [Amended] FAR segment OMB control no. and 9.407–2 for causes authorized under 7. Amend section 9.405 in paragraph this subpart) or other statutory or (d)(4) by removing the word ‘‘List’’ and regulatory authority; adding ‘‘List of Parties Excluded from *****(4) Effect of the action; 23.9 ...... 9000±0139 (5) Termination date for each listing; Federal Procurement and (6) DUNS No.; and Nonprocurement Programs’’ in its place. *****(7) Name and telephone number of 52.223±13 ...... 9000±0139 PART 15ÐCONTRACTING BY 52.223±14 ...... 9000±0139 the point of contact for the action. (c) Each agency must— NEGOTIATION *****(1) Provide GSA with the information 52.247±64 ...... 9000±0061 required by paragraph (b) of this section 8. Amend section 15.404–1 by within 5 working days after the action revising the last sentence of paragraph *****becomes effective; (a)(7) to read as follows: (2) Notify GSA within 5 working days 15.404±1 Proposal analysis techniques. 1.201±1 [Amended] after modifying or rescinding an action; (3) Notify GSA of the names and 3. Amend section 1.201–1(a) by (a) * * * addresses of agency organizations that removing ‘‘1.102’’ and adding ‘‘1.103’’ are to receive the list and the number of (7) * * * They are available via the in its place. copies to be furnished to each; internet at http://www.acq.osd.mil/dp/ cpf. 1.304 [Amended] (4) In accordance with internal 4. Amend section 1.304(a) by retention procedures, maintain records * * * * * removing ‘‘1.301(c)’’ and adding relating to each debarment, suspension, ‘‘1.301(d)’’ in its place. or proposed debarment taken by the PART 52ÐSOLICITATION PROVISIONS agency; AND CONTRACT CLAUSES PART 6ÐCOMPETITION (5) Establish procedures to provide for REQUIREMENTS the effective use of the List of Parties 52.212±1 [Amended] Excluded from Federal Procurement and 6.305 [Amended] 9. Amend section 52.212–1 by Nonprocurement Programs, including revising the date of the clause to read 5. In section 6.305 redesignate internal distribution thereof, to ensure ‘‘(MAR 2000)’’; and in paragraph paragraphs (1) and (2) as (a) and (b), that the agency does not solicit offers (i)(2)(ii)(B) by removing ‘‘http:// respectively; and in the newly from, award contracts to, or consent to www.dodssp.daps.mil’’ and adding redesignated paragraph (a) remove ‘‘41 subcontracts with contractors on the ‘‘http://assist.daps.mil’’ in its place. U.S.C. 303(f)(4)’’ and add ‘‘41 U.S.C. List of Parties Excluded from Federal 253(f)(4)’’ in its place. Procurement and Nonprocurement 52.217±9 [Amended] Programs, except as otherwise provided PART 9ÐCONTRACTOR in this subpart; and 10. Amend section 52.217–9 by QUALIFICATIONS (6) Direct inquiries concerning listed revising the date of the clause to read contractors to the agency or other ‘‘(MAR 2000)’’; and in paragraph (b) by 6. Revise section 9.404 to read as authority that took the action. removing ‘‘provision’’ and adding follows: (d) The List of Parties Excluded from ‘‘clause’’ in its place. Federal Procurement and 9.404 List of Parties Excluded from 52.219±23 [Amended] Federal Procurement and Nonprocurement Nonprocurement Programs is available Programs. as follows: 11. Amend the introductory text of (a) The General Services (1) The printed version is published Alternate II in section 52.219–23 by Administration (GSA)— monthly. Copies may be obtained by removing ‘‘(b)(i)’’ both times it appears (1) Compiles and maintains a current purchasing a yearly subscription. and adding ‘‘(b)(1)(i)’’ in their places. list of all parties debarred, suspended, (i) Federal agencies may subscribe [FR Doc. 00–7310 Filed 3–24–00; 8:45 am] through their organization’s printing proposed for debarment, or declared BILLING CODE 6820±EP±U ineligible by agencies or by the General and distribution office. Accounting Office; (ii) The public may subscribe by writing the Superintendent of (2) Periodically revises and distributes DEPARTMENT OF DEFENSE the list and issues supplements, if Documents, U.S. Government Printing necessary, to all agencies and the Office, Washington, DC 20402, or by GENERAL SERVICES calling the Government Printing Office General Accounting Office; and ADMINISTRATION (3) Includes in the list the name and Inquiry and Order Desk at (202) 512– telephone number of the official 1800. responsible for its maintenance and (2) The electronic version is updated NATIONAL AERONAUTICS AND distribution. daily and is available via— SPACE ADMINISTRATION (b) The List of Parties Excluded from (i) The internet at http:// Federal Procurement and epls.arnet.gov; or 48 CFR Chapter 1 Nonprocurement Programs includes (ii) Electronic bulletin board. Dial the— (202) 219–0132. The settings are N–8–1– Federal Acquisition Regulation; Small (1) Names and addresses of all F. Entity Compliance Guide contractors debarred, suspended, (e) For general questions about entries proposed for debarment, or declared on the List of Parties Excluded from AGENCIES: Department of Defense (DoD), ineligible, in alphabetical order, with Federal Procurement and General Services Administration (GSA), cross-references when more than one Nonprocurement Programs or additional and National Aeronautics and Space name is involved in a single action; information on accessing the electronic Administration (NASA). (2) Name of the agency or other bulletin board, call GSA at (202) 501– ACTION: Small Entity Compliance Guide. authority taking the action; 4873 or 501–4740.
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SUMMARY: This document is issued 1996 (Public Law 104–121). It consists which precedes this document. These under the joint authority of the of a summary of rules appearing in documents are also available via the Secretary of Defense, the Administrator Federal Acquisition Circular (FAC) 97– Internet at http://www.arnet.gov/far. of General Services and the 16 which amend the FAR. The rule Administrator for the National marked with an asterisk (*) indicates FOR FURTHER INFORMATION CONTACT: Aeronautics and Space Administration. that a regulatory flexibility analysis has Laurie Duarte, FAR Secretariat, (202) This Small Entity Compliance Guide has been prepared in accordance with 5 501–4225. For clarification of content, been prepared in accordance with U.S.C. 604. Interested parties may contact the analyst whose name appears Section 212 of the Small Business obtain further information regarding in the table below. Regulatory Enforcement Fairness Act of these rules by referring to FAC 97–16
LIST OF RULES IN FAC 97±16
Item Subject FAR case Analyst
I ...... Small Business Competitiveness Demonstration Program (Interim) ...... 1999±012 Moss. II ...... Progress Payments and Related Financing Policies * ...... 1998±400 Olson. (98±400)
Item I—Small Business services subject to the procedures of the • Permits contracting officers to Competitiveness Demonstration Small Business Comp. Demo. Program. provide contract financing on contracts Program (FAR Case 1999–012) The participating agencies are: awarded to large businesses if the This interim rule amends FAR Department of Agriculture; Department individual contract is $2 million or Subpart 19.10 to clarify language of Defense, except the National Imagery more. Previously, the threshold in the pertaining to the Small Business and Mapping Agency; Department of FAR for financing a contract with a large Competitiveness Demonstration (Comp. Energy; Department of Health and business was $1 million; • Demo.) Program, consistent with Human Services; Department of the Permits a large business to bill the revisions to the Program that were Interior; Department of Transportation; Government for subcontract costs that contained in an OFPP and SBA joint Department of Veterans Affairs; the large business has incurred but not final policy directive dated May 25, Environmental Protection Agency; actually paid, if certain conditions are 1999. General Services Administration; and met. Previously, the FAR permitted only The interim rule— National Aeronautics and Space small business concerns to bill for • Advises the contracting officer to Administration. subcontract costs that have been consider the 8(a) Item II—Progress Payments and incurred but not paid; • Program and HUBZone Program, in Related Financing Policies (FAR Case Permits the contracting officer to addition to small business set-asides, for 1998–400) (98–400) use performance-based payments in acquisitions of $25,000 or less in one of contracts for research and development, This final rule revises certain the four designated industry groups that and in contracts awarded through financing policies at FAR Part 32, will not be set aside for emerging small competitive negotiation procedures; and Contract Financing, and related contract business concerns. • Is effective on March 27, 2000. provisions at FAR Part 52. The rule— • Adds FAR 19.1006, Exclusions, to However, it is mandatory only for • Emphasizes that performance-based specify acquisitions to which Subpart solicitations issued on or after May 26, payments are the preferred method of 19.10 does not apply. None of the Small 2000. Contracting officers may, at their contract financing. Performance-based Business Comp. Demo. policies and discretion, include the clauses and payments are contract financing procedures apply to orders under the provisions in this rule in solicitations payments made after achievement of Federal Supply Schedule Program or to issued before that date. predetermined goals, such as contracts awarded to educational and performance objectives or defined Dated: March 20, 2000. nonprofit institutions or governmental events. Contracting officers should Edward C. Loeb, entities. consider performance-based payments Director, Federal Acquisition Policy Division. This interim rule only will affect and deem their use impracticable before [FR Doc. 00–7311 Filed 3–24–00; 8:45 am] contracting officers at participating deciding to provide customary progress BILLING CODE 6820±EP±U agencies when acquiring supplies or payments;
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Part IV
Department of Education Jacob K. Javits Gifted and Talented Education Program: National Research and Development Center; Notice
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DEPARTMENT OF EDUCATION Assistance to Individuals With The Secretary believes that there are Disabilities in Reviewing the certain areas of research in gifted and Jacob K. Javits Gifted and Talented Rulemaking Record talented education that are especially Education Program: National Research significant and in the national interest. and Development Center On request, we will supply an He believes that focusing on these areas appropriate aid, such as a reader or will substantially increase our AGENCY: Office of Educational Research print magnifier, to an individual with a knowledge and improve our ability to and Improvement, Department of disability who needs assistance to serve gifted and talented students well. Education. review the comments or other Therefore, the Secretary proposes one ACTION: Notice of proposed priority. documents in the public rulemaking priority for the Center competition. record for this proposed priority. If you First, the Secretary believes that it is SUMMARY: The Assistant Secretary for want to schedule an appointment for in the national interest to have a better the Office of Educational Research and this type of aid, you may call (202) 205– understanding of the reasons for the Improvement (OERI) proposes a priority 8113 or (202) 260–9895. If you use a under-representation of some minority under the Jacob K. Javits Gifted and TDD, you may call the Federal groups among top performing students. Talented Education Program—National Information Relay Service at 1–800– National surveys reveal that only about Research and Development Center 877–8339. ten percent of the students performing (Center). The Assistant Secretary will General Information at the highest levels are African- use this priority for the Center Americans, Latinos, or Native competition in fiscal year (FY) 2000. OERI administers the Jacob K. Javits Americans, even though they make up This priority is intended to focus on Gifted and Talented Students Education about one-third of the population. There research to obtain a better Act of 1994 (Javits Act) under Title X, has been very little sustained and understanding of the under- Part B of Public Law 103–382 (20 U.S.C. coordinated research to investigate the representation of students from some 8031 et seq.). The purposes of the Javits reasons for the under-representation of minority groups among top performers, Act are (1) To support a coordinated minorities at the highest levels of and on using national data sets to better program of research, demonstration achievement or to develop and evaluate understand the educational projects, personnel training, and similar methods for increasing the number of opportunities available to top activities designed to build a minority students performing at the performing students. nationwide capability in elementary and highest levels. Second, there is a substantial body of DATES: We must receive your comments secondary schools to meet the special information on gifted and talented on or before April 26, 2000. educational needs of gifted and talented students; (2) to encourage rich and students and their educational programs ADDRESSES: Address all comments about challenging curricula for all students contained in national and international this proposed priority to Beverly through the appropriate application and studies, such as those conducted by the Coleman, U.S. Department of Education, adaptation of materials and National Center for Education Statistics 555 New Jersey Avenue, NW., room instructional methods used with gifted (NCES), that could and should be used 611A, Washington, DC 20208–5521. If and talented students; and (3) to to inform our understanding of the you prefer to send your comments supplement and make more effective the opportunities available for top- through the Internet, use the following performing students. There are robust l expenditure of State and local funds address: beverly [email protected] devoted to gifted and talented students. data sets in a number of national and international studies that address issues FOR FURTHER INFORMATION CONTACT: Beth The Secretary is authorized, under the related to the education of high Fine, U.S. Department of Education, 555 Javits Act, to create a national research New Jersey Avenue, NW., room 613, achieving and high ability students. center to carry out: (1) Research on These studies have not been analyzed, Washington, DC 20202–5521. methods and techniques for identifying Telephone: (202) 219–1323. If you use a to any significant degree, in order to and teaching gifted and talented gain a national and international telecommunications device for the deaf students, and for using gifted and (TDD), you may call the Federal portrait of these students and the talented education programs and educational opportunities available to Information Relay Service (FIRS) at 1– methods to serve all students; and (2) 800–877–8339. them. These studies include, but are not program evaluations, surveys, and the limited to, the Early Childhood Individuals with disabilities may collection, analysis, and development of obtain this document in an alternate Longitudinal Study, the National information needed to accomplish the Educational Longitudinal Study (NELS format (e.g., Braille, large print, purposes of the Act. 88), the National Assessment of audiotape, or computer diskette) on The Javits Act gives the highest Educational Progress (NAEP), and the request to the contact person listed in priority to: (1) The identification and Third International Mathematics and the preceding paragraph. services for gifted and talented students Science Study (TIMSS). For example, SUPPLEMENTARY INFORMATION: who may not be identified and served data from the Early Childhood Invitation to Comment through traditional assessment methods Longitudinal Study could provide (including economically disadvantaged, findings about the early childhood We invite you to submit comments individuals of limited-English experiences of high achieving minority regarding this proposed priority. proficiency, and individuals with and nonminority children, both at home During and after the comment period, disabilities); and (2) programs and and in school. Data from the National you may inspect all public comments projects designed to develop or improve Educational Longitudinal Study (NELS) about this proposed priority in room the capability of schools in an entire could help address a number of 611a, 555 New Jersey Avenue, NW., State or region of the Nation through the questions related to the opportunities Washington, DC, between the hours of cooperative efforts of State and local and achievement of middle and high 8:30 a.m. and 4 p.m., Eastern time, educational agencies, institutions of school students, such as: what can we Monday through Friday of each week higher education, and other public and learn about the educational experiences except Federal holidays. private agencies. of minority students identified as high
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Part V
Department of Housing and Urban Development 24 CFR Parts 5 and 266 Uniform Financial Reporting Standards for HUD Housing Programs; Revised Report Filing Date; Final Rule
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DEPARTMENT OF HOUSING AND 1993, Report of the Vice President’s H. Although the PHAs provides some URBAN DEVELOPMENT National Performance Review, pp. 113– additional time without penalties for 117, Ref. 2). PHAs to submit their fiscal year end 24 CFR Parts 5 and 266 Since issuance of the September 1, financial reports, the PHAS did not 1998 final rule, HUD believes that the change the reporting due date for PHAs. [Docket No. FR±4321±F±07] transition to electronic reporting of In accordance with 902.33, PHAs must RIN 2501±AC49 financial information, using uniform submit their financial reports no later accounting principles is proceeding than two months after the end of the Uniform Financial Reporting Standards well. HUD has worked closely with the PHA’s fiscal year end. (See 24 CFR for HUD Housing Programs; Revised entities subject to these standards 902.33 of PHAS Amendments final rule Report Filing Date (covered entities) to assist them in at 65 FR 1744.) becoming familiar with GAAP and Therefore, the revised due date is only AGENCY: Office of the Assistant reporting information electronically. applicable to those multifamily housing Secretary for Housing—Federal Housing Additionally, given the introduction of entities listed in 24 CFR 5.801(a)(4). In Commissioner, HUD. a new uniform and electronic financial addition to revising the reporting due ACTION: Final rule. reporting system, HUD has been for multifamily housing covered sensitive to transition difficulties and entities, HUD is removing the SUMMARY: This final rule amends HUD’s HAS provided additional time and provisions in 24 CFR 5.801(c) that were regulations on Uniform Financial assistance where additional time and applicable only to the first year reports. Reporting Standards to provide for assistance was needed. For example, in Those reports have been submitted and certain entities subject to these January 1999, at the request of covered the regulatory language is no longer standards an annual financial report entities for more time to file their first applicable. filing date that is no later than 90 days financial reports, HUD changed the This rule makes three technical after the end of the entity’s fiscal year. filing due date for the first financial corrections in addition to the This amendment provides these entities report from April 30, 1999, to June 30, amendments made to § 5.801, discussed with an additional 30 days to prepare 1999 (see final rule issued on January above. HUD is removing from the list of and submit their annual financial 11, 1999 at 64 FR 1504). In June 1999, multifamily programs subject to the reports. This rule also makes certain HUD again responded to a request by Uniform Financial Reporting Standards, technical corrections to these entities for additional time to submit the reference to HUD’s Housing Finance regulations. first financial reports under the Uniform Agency Risk Sharing Program. This rule EFFECTIVE DATE: April 26, 2000. Financial Reporting Standards (see final was inadvertently included in these FOR FURTHER INFORMATION CONTACT: For rule issued on June 24, 1999 at 64 FR regulations, and these regulations are further information contact Beverly 33755). not applicable to this program. The With a little over a year’s experience Miller, Office of Housing, Department of regulations for the Housing Finance with this new reporting system, HUD Housing and Urban Development, 451 Agency Risk Sharing Program in 24 CFR has determined that for certain entities Seventh Street, SW, Washington, DC part 266 are corrected to remove the the annual financial report due date 20410, telephone (202) 708–1320 (this is cross reference to the part 5, subpart H should be changed from 60 days after not a toll free number). Persons with regulations. The cross reference is found the end of the entity’s fiscal year to 90 hearing or speech impairments may in § 266.505(b). Also, HUD’s rule days after fiscal year end. These entities access that number via TTY by calling implementing OMB Circular A–133 are owners of housing assisted under the Federal Information Relay Service at (Administrative Requirements for any Section 8 project-based housing Grantees to Reflect the Single Audit Act 1–800 877–8399. assistance payments program, as SUPPLEMENTARY INFORMATION: HUD’s Amendments of 1996), published described in 24 CFR 801.1(a)(3), and November 18, 1997 (62 FR 61616) Uniform Financial Reporting Standards owners of certain multifamily projects regulations, codified at 24 CFR part 5, removed parts 44 and 45 of HUD’s receiving direct or indirect assistance regulations. (These regulations subpart H (issued by final rule on from HUD, or with mortgages insured, addressed, respectively, Non-Federal September 1, 1998 at 63 FR 46582), coinsured or held by HUD under the Audit Requirements for State and Local establish uniform annual financial programs listed in 24 CFR 801.1(a)(4). Governments, and Non-Federal Audit reporting standards for HUD’s Public Experience to date has shown that 90 Requirements for Institutions of Higher Housing, Section 8 housing, and days after fiscal year end is a more Learning). This rule also will remove multifamily insured housing programs. reasonable period of time for these the cross-reference to part 44 in The regulations provide that the owners to prepare and submit their § 266.510(c). The applicable cross financial information required to be financial reports to HUD. submitted to HUD on an annual basis Public housing agencies and owners reference to be made concerning non- under these programs must be assisted under section 8 project-based federal audits is now found in 24 CFR submitted electronically and prepared assistance are also covered by the 85.26. in accordance with generally accepted Uniform Financial Reporting Standards Findings and Certifications accounting principles (GAAP). regulations in 24 CFR part 5, subpart H The move to uniform financial (see 24 CFR 801.1(a)(1), (2) and (3). This Justification for Final Rulemaking reporting standards in HUD programs rule does not revise the reporting due In general, the Department publishes was part of Secretary Cuomo’s HUD date for these entities. HUD recently a rule for public comment before issuing 2020 Management Reform Plan. The amended the Public Housing a rule for effect, in accordance with its requirement for electronic submission of Assessment System regulations on own regulations on rulemaking at 24 the financial report responds to the Vice January 11, 2000 (65 FR 1712). The CFR part 10. Part 10, however, does President’s call to all federal agencies to PHAS regulations are applicable to provide for exceptions from that general expand the use of new technologies and public housing agencies (PHAs) and rule where the Department finds good telecommunications to create an adopt the uniform financial reporting cause to omit advance notice and public electronic government (September 7, requirements in 24 CFR part 5, subpart participation. The good cause
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§ 266.505 Regulatory agreement § 266.510 HFA Responsibilities. requirements. * * * * * PART 266ÐHOUSING FINANCE * * * * * (c) HFA’s annual financial statement. AGENCY RISK-SHARING PROGRAM (b) * * * The HFA must provide HUD with FOR INSURED AFFORDABLE (1) * * * annual audited financial statement in MULTIFAMILY PROJECT LOANS accordance with the requirements of 24 * * * * * CFR part 85.26. 3. The authority citation for 24 CFR (7) Maintain complete books and Dated: March 20, 2000. part 266 continues to read as follows: records established solely for the William C. Apgar, Authority: 12 U.S.C. 1707, 42 U.S.C. project. 3535(d). Assistant Secretary for Housing-Federal * * * * * Housing Commissioner. 4. Paragraph (b)(7) of § 266.505 is 5. Paragraph (c) of § 266.510 is revised [FR Doc. 00–7366 Filed 3–24–00; 8:45 am] revised to read as follows; to read as follows; BILLING CODE 4210±27±P
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Reader Aids Federal Register Vol. 65, No. 59 Monday, March 27, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH
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 601...... 14781 729...... 16117 Presidential Documents Proclamations: 761...... 14432 Executive orders and proclamations 523±5227 7276...... 11197 762...... 14432 The United States Government Manual 523±5227 7277...... 11199 915...... 15203 7278...... 11455 916...... 15205 Other Services 7279...... 11733 917...... 15205 7280...... 12903 993...... 12061 Electronic and on-line services (voice) 523±4534 7281...... 15201 Privacy Act Compilation 523±3187 955...... 12442 Executive Orders: 985...... 15832 Public Laws Update Service (numbers, dates, etc.) 523±6641 12170 (See Notice of TTY for the deaf-and-hard-of-hearing 523±5229 989...... 15214 March 13, 2000)...... 13863 1301...... 16118 12957 (Continued by 1304...... 16118 ELECTRONIC RESEARCH Notice of March 13, 1305...... 16118 2000) ...... 13863 World Wide Web 1306...... 16118 12959 (See Notice of 1307...... 16118 Full text of the daily Federal Register, CFR and other March 13, 2000)...... 13863 1308...... 16118 publications: 13059 (See Notice of 1421...... 13865 http://www.access.gpo.gov/nara March 13, 2000)...... 13863 1427...... 13865 13146...... 11201 1464...... 10933 Federal Register information and research tools, including Public 13147...... 13233 1710...... 14207, 14785 Inspection List, indexes, and links to GPO Access: Administrative Orders: 1721...... 10933 http://www.nara.gov/fedreg Memorandum of 3019...... 14406 January 5, 2000 ...... 15823 E-mail Proposed Rules: Presidential Determinations: 6...... 14478 PENS (Public Law Electronic Notification Service) is an E-mail No. 2000-15 of 20...... 11483 service for notification of recently enacted Public Laws. To February 24, 2000 ...... 10931 27...... 10979 subscribe, send E-mail to No. 2000-16 of 28...... 10979, 12140 [email protected] February 29, 2000 ...... 15797 29...... 13915 No. 2000-17 of March with the text message: 57...... 14652 2, 2000 ...... 15821 97...... 13917 subscribe PUBLAWS-L your name Notices: 201...... 12952 Use [email protected] only to subscribe or unsubscribe to March 13, 2000 ...... 13863 205...... 15579 360...... 14926 PENS. We cannot respond to specific inquiries. 4 CFR 930...... 15580 Reference questions. Send questions and comments about the 27...... 15203 1140...... 10981 Federal Register system to: 28...... 15203 1160...... 14484 [email protected] 1205...... 12146 5 CFR The Federal Register staff cannot interpret specific documents or 1210...... 14485 regulations. Ch. LXXIII ...... 15825 1306...... 12141 213...... 14431 1307...... 12141 315...... 14431 FEDERAL REGISTER PAGES AND DATE, MARCH 1309...... 12141 335...... 14431 1710...... 12952 10931±11196...... 1 531...... 15875 1717...... 12952 11197±11454...... 2 532...... 15521 1718...... 12952 792...... 13659 11455±11734...... 3 8 CFR 11735±11858...... 6 Proposed Rules: 11859±12060...... 7 3...... 14477 3...... 15835, 15846 12061±12426...... 8 213...... 14477 212 ...... 14774, 15835, 15846 315...... 14477 214...... 14774 12427±12904...... 9 240...... 15835, 15846 12905±13234...... 10 7 CFR 245...... 15835, 15846 13235±13658...... 13 2...... 12427 274a...... 15835, 15846 13659±13864...... 14 75...... 15830 248...... 14774 13865±14206...... 15 205...... 13512 278A ...... 14774 14207±14430...... 16 210...... 12429 299...... 15835, 15846 14431±14780...... 17 215...... 12429 14781±15052...... 20 220...... 12429 9 CFR 15053±15202...... 21 225...... 12429 74...... 15216 15203±15520...... 22 226...... 12429 78...... 12064 15521±15822...... 23 301...... 11203 93...... 15216 15823±16116...... 24 457...... 11457 94...... 15521 16117±16296...... 27 600...... 14781 130...... 16122
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Proposed Rules: 39...... 10934, 242...... 13235 990...... 11525 71...... 11485 10937, 10938, 11204, 11459, Proposed Rules: 77 ...... 11485, 11912, 15877 11859, 11861, 12071, 12072, 4...... 11253, 12318 25 CFR 78...... 11485 12073, 12075, 12077, 12080, 228...... 11507, 15043 290...... 14461 93...... 12486 12081, 12082, 12084, 12085, 229...... 11507 98...... 12486 12460, 12462, 12463, 13668, 230 ...... 11507, 15500, 16160 26 CFR 113...... 12151 13871, 13875, 13877, 14207, 232...... 11507 1 ...... 11205, 11467, 12471, 130...... 12486 14209, 14822, 14826, 14827, 239...... 11507, 15500 15547, 15548, 15862, 16143 317...... 14486 14831, 14834, 14838, 14844, 240...... 11507, 16160 301...... 11211, 11215 318...... 14486, 14489 14846, 14847, 14849, 14852, 243...... 16160 601...... 15862 319...... 144867, 14489 15226, 15230, 15232, 15531, 248...... 12354 602 ...... 11205, 11211, 11215 327...... 14489 15534, 15536, 15537, 15857, 249...... 11507, 16160 Proposed Rules: 381...... 14486 15858, 16129 250...... 11507 590...... 11486 1 ...... 11012, 11269, 15587 71 ...... 11369, 11461, 11866, 259...... 11507 301...... 11271, 11272 10 CFR 12630, 12917, 12918, 14344, 260...... 11507 14855, 14856, 14857, 15859, 269...... 11507 27 CFR 72 ...... 11458, 12444, 14790 15860, 15861, 16130, 16131 270...... 11507, 15500 170...... 11204 4...... 11889 91...... 16112, 16114 274...... 11507, 15500 600...... 14406 5...... 11889 95...... 14442 7...... 11889 810...... 16124 97 ...... 13669, 13671, 13673, 18 CFR 820...... 15218 16...... 11889 15540, 15541, 15544 35...... 12088 75...... 15058 Proposed Rules: 1260...... 14406 157 ...... 11461, 12115, 15234 Ch. XVIII ...... 13700 Proposed Rules: Proposed Rules: 380...... 15234 21...... 11488 00...... 15115 25...... 13703 50...... 11488 4...... 12490 39 ...... 11006, 11505, 11940, 19 CFR 52...... 11488 70...... 15115 12...... 12470 54...... 11488 11942, 12489, 12957, 13251, 75...... 15115 24...... 13880 100...... 11488 13919, 13921, 13923, 14216, 90...... 15115 111...... 13880 170...... 16250 14218, 15278, 15280, 15584, 178...... 13880 171...... 16250 15878, 15880, 15882, 16151, 28 CFR 16153, 16154, 16157, 16158 430...... 14128 20 CFR 70...... 14406 431...... 10984 71 ...... 12153, 12957, 13704, 220...... 14458 960...... 11755 13705, 13707, 14497, 15282, 29 CFR 15586 322...... 14459 963...... 11755 95...... 14406 108...... 15113 404...... 11866 4022...... 14752, 14753 11 CFR 109...... 15113 416...... 11866 4044...... 13905, 14752 111...... 15113 108...... 15221 21 CFR 4050...... 14752 129...... 15113 Proposed Rules: 20...... 11881 Proposed Rules: 9038...... 15273 191...... 15113 255...... 11009 101...... 11205 1614...... 11019 12 CFR 176...... 13675 1910...... 11948, 13254 15 CFR 177...... 15057 5...... 12905 30 CFR 178...... 15545 204...... 12916 14...... 14406 524...... 13904 202...... 11467 208...... 14810, 15050 734...... 12919 558...... 11888 206...... 11467, 14022 225 ...... 14433, 14440, 15053 736...... 14858 640...... 13678 250...... 14469, 15862 303...... 15526 738...... 12919, 14857 868...... 11464 938...... 15553 340...... 14816 740...... 12919, 14857 362...... 15526 742...... 12919, 14857 870...... 11465 Proposed Rules: 914...... 11950, 12492 701...... 15224 743...... 12919 1301...... 13235 744...... 12919, 14444 1308...... 13235 724...... 10933 31 CFR 745...... 10933 748...... 12919 Proposed Rules: Ch. IX...... 13663 756...... 14857, 14861 101...... 14219 103...... 13683 925...... 13866 762...... 14858 314...... 12154 766...... 14862 32 CFR 950...... 13866 22 CFR 1501...... 12064, 14819 770...... 14857 22...... 14406 1510...... 15050 774 ...... 12919, 13879, 14862 22...... 14211 32...... 14406 23...... 14211 668...... 13906 Proposed Rules: 16 CFR 3...... 12320 41...... 14768 776...... 15059 305...... 16132 51...... 14211 8...... 15111 33 CFR 208...... 12320 1615...... 12924 139...... 14764 225...... 12320 1616...... 12924 145...... 14406 26...... 14863 325...... 12320 1630...... 12929 226...... 14406 95...... 14223 567...... 12320 1631...... 12929 Proposed Rules: 100...... 15558 614...... 14491 1632...... 12935 22...... 13253 110...... 11892 Proposed Rules: 117 ...... 11893, 12943, 15238 620...... 14494 23 CFR 709...... 11250 307...... 11944 127...... 10943 716...... 10988 312...... 11947 1340...... 13679 140...... 14226 313...... 11174 141...... 14226 741...... 10988 24 CFR 742...... 15275 142...... 14226 17 CFR 1750...... 13251 5...... 16294 143...... 14226 1...... 12466 200...... 15043 144...... 14226 13 CFR 4...... 10939, 12938 266...... 16294 145...... 14226 Proposed Rules: 15...... 14452 401...... 15452 146...... 14226 124...... 12955 16...... 14452 402...... 15452 147...... 14226 17...... 14452 905...... 14422 154...... 10943 14 CFR 200...... 12469 Proposed Rules: 155...... 10943, 14470 25...... 13666, 16128 240...... 13235 81...... 12632 159...... 10943
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161...... 14863 30...... 14406 34...... 10943 47 CFR 164...... 10943 51...... 11222 35...... 10943 1...... 14476 165...... 14864 52 ...... 10944, 11468, 12118, 38...... 10943 20...... 15559 167...... 12944 12472, 12474, 12476, 12481, 39...... 10943 22...... 15559 177...... 14223 12948, 13239, 13694, 14212, 54...... 10943 24...... 14213, 15559 183...... 10943 14873, 15240, 15244, 15864 56...... 10943 27...... 12483 55...... 15867 Proposed Rules: 58...... 10943 54...... 12135 60...... 13242 100 ...... 11274, 13926, 14498 61...... 10943 73 ...... 11476, 11477, 11750, 63...... 11231, 15690 110...... 13926, 14498 63...... 10943 13250, 16149 68...... 13243 165 ...... 13926, 14498, 14501, 76...... 10943 76...... 12135, 15559 86...... 11898 14502, 15283, 15285 77...... 10943 80...... 15559 136...... 14344 175...... 11410 78...... 10943 90...... 15559 177...... 11410 141...... 11372 91...... 11904 99...... 15559 179...... 11410 148...... 14472 92...... 10943 181...... 11410 180 ...... 10946, 11234, 11243, 95...... 10943 Proposed Rules: 183...... 11410 11736, 12122, 12129, 15248, 96...... 10943 Ch. I ...... 15599 16143 97...... 10943 1...... 13933 34 CFR 261...... 14472 105...... 10943 2...... 14230 74...... 14406 262...... 12378 108...... 10943 26...... 14230 1100...... 11894 268...... 14472 109...... 10943 27...... 14230 Proposed Rules: 271...... 14472 110...... 10943 54...... 13933 606...... 15115 300...... 13697, 14475 111...... 10943 61...... 13933 607...... 15115 302...... 14472 114...... 10943 69...... 13933 608...... 15115 431...... 15091 115...... 11904 73 ...... 11537, 11538, 11539, 445...... 14344 119...... 10943 11540, 11541, 11955, 12155, 36 CFR Proposed Rules: 125...... 10943 13260, 13261, 15600, 15885, Ch. XV ...... 14760 51...... 11024 132...... 11904 15886, 16160 1...... 15077 52 ...... 11027, 11275, 11524, 133...... 11904 3...... 15077 12494, 12495, 12499, 12958, 134...... 11904 48 CFR 13...... 15077 13260, 13709, 14506, 14510, 151...... 10943 Ch. 1...... 16285, 16286 701...... 11735, 11736 14930, 15286, 15287, 15883 153...... 10943 Ch. 2 ...... 14380 1210...... 14406 63...... 11278 154...... 10943 Ch. 5 ...... 11246 Proposed Rules: 81...... 14510 160...... 10943 1...... 16285 212...... 11680 141...... 11372 161...... 10943 261...... 11680 152...... 15883 162...... 10943 6...... 16285 295...... 11680 156...... 15884 163...... 10943 9...... 16285 1190...... 12493 438...... 11755 164...... 10943 15...... 16285 1191...... 12493 503...... 11278 170...... 10943 19...... 16275 1280...... 15592 755...... 16094 174...... 10943 32...... 16276 175...... 10943 52...... 16276, 16285 42 CFR 37 CFR 182...... 10943 202...... 14397 1...... 14864 121...... 15252 189...... 11904 204...... 14397 Proposed Rules: 405...... 13911 190...... 10943 207...... 14397 201...... 14227, 14505 410...... 13911 193...... 10943 208...... 14397, 14400 Proposed Rules: 195...... 10943 212...... 14400 38 CFR 410...... 13082 199...... 10943, 11904 222...... 14397, 14402 3...... 12116 493...... 14510 515...... 15252 244...... 14400 19...... 14471 Proposed Rules: 247...... 14400 20...... 14471 43 CFR 2...... 11410 252 ...... 14397, 14400, 14402 21...... 12117, 13893 12...... 14406 10...... 11410 1806...... 12484 Proposed Rules: 3500...... 11475 15...... 11410 1808...... 12484 3...... 13254 24...... 11410 1811...... 12484 45 CFR 25...... 11410 1813...... 12484 39 CFR 74...... 14406 26...... 11410 1815...... 12484 111...... 12946 400...... 15410 28...... 11410 1825...... 12484 Proposed Rules: 401...... 15410 30...... 11410 1835...... 12484 20...... 11023 612...... 11740 70...... 11410 1837...... 12484 111...... 13258 613...... 11740 90...... 11410 1842...... 12484 913...... 14229 114...... 11410 1848...... 12484 952...... 13707 46 CFR 169...... 11410 1851...... 12484 28...... 10943 175...... 11410 2409...... 12950 40 CFR 30...... 10943 188...... 11410 Proposed Rules: 9...... 15090 32...... 10943 199...... 11410 Ch. 9 ...... 13416
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49 CFR 19...... 14406 193...... 10950 350...... 15092 355...... 15092 385...... 11904 571...... 11751 572...... 10961, 15254 Proposed Rules: Ch I...... 11541 40...... 13261, 15118 171...... 11028 172...... 11028 173...... 11028 174...... 11028, 16161 175...... 11028 176...... 11028 177...... 11028, 16161 178...... 11028 179...... 11028 180...... 11028 190...... 15290 191...... 15290 192...... 15290 195...... 15290 222...... 15298 229...... 15298 50 CFR 17 ...... 14876, 14886, 14896, 16052 300...... 14907 622...... 12136 635...... 15873 648 ...... 11478, 11909, 15110, 15576 660...... 11480 679 ...... 10978, 11247, 11481, 11909, 12137, 12138, 13698, 14918, 14924, 15271, 15272, 15577, 16150 Proposed Rules: 16...... 11756 17 ...... 12155, 12181, 13262, 13935, 14513, 14931, 14935, 15887 216...... 11542 223...... 12959 224...... 12959, 13935 300...... 13284 600...... 11956 622...... 11028, 14518 648 ...... 11029, 11956, 14519 679 ...... 11756, 11973, 12500
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REMINDERS Introduction; published 3-27- Eurocopter France; COMMERCE DEPARTMENT The items in this list were 00 published 3-15-00 National Oceanic and editorially compiled as an aid Progress payments and Harbin Aircraft Atmospheric Administration to Federal Register users. related financing policies; Manufacturing Corp.; International fisheries Inclusion or exclusion from published 3-27-00 published 2-4-00 regulations: this list has no legal Small Business Learjet; published 3-27-00 Antarctic marine living significance. Competitiveness Pilatus Aircraft Ltd; resources; harvesting and Demonstration Program; published 2-4-00 dealer permits, and catch published 3-27-00 SOCATAÐGroupe documentation; comments RULES GOING INTO Technical amendments; EFFECT MARCH 27, 2000 AEROSPATIALE; due by 4-7-00; published published 3-27-00 published 2-4-00 3-13-00 HEALTH AND HUMAN COMMERCE DEPARTMENT TRANSPORTATION Marine mammals: SERVICES DEPARTMENT DEPARTMENT Incidental takingÐ National Oceanic and Children and Families Atmospheric Administration National Highway Traffic Eastern Tropical Pacific Administration Safety Administration Fishery conservation and Ocean; tuna purse Foster care maintenance management: Motor vehicle safety seine vessels; payments, adoption standards: compliance with Northeastern United States assistance, and child and fisheriesÐ Hydraulic brake systemsÐ International Dolphin family services: Conservation Program; Spiny dogfish; published Passenger car brake Title IV-E foster care comments due by 4-3- 3-21-00 systems; published 2-9- eligibility reviews and child 00; published 1-3-00 DEFENSE DEPARTMENT 00 and family services State Naval activities; USS Federal Acquisition Regulation plan reviews; published 1- COMMENTS DUE NEXT Winston S. Churchill (FAR): 25-00 shock testing; Progress payments and HEALTH AND HUMAN WEEK comments due by 4-3- related financing policies; SERVICES DEPARTMENT 00; published 3-3-00 published 3-27-00 AGRICULTURE Food and Drug DEFENSE DEPARTMENT Small Business Administration DEPARTMENT Vocational rehabilitation and Competitiveness Medical devices: Agricultural Marketing Demonstration Program; education: Manufacturers, importers, Service published 3-27-00 Veterans educationÐ distributors, and health Cotton classing, testing, and Technical amendments; care facilities; reporting standards: Educational assistance; published 3-27-00 requirements; published 1- Classification services to new criteria for ENERGY DEPARTMENT 26-00 growers; 2000 user fees; approving courses; comments due by 4-3- Federal Energy Regulatory INTERIOR DEPARTMENT comments due by 4-7-00; Commission published 3-8-00 00; published 2-2-00 Fish and Wildlife Service Natural gas companies ENERGY DEPARTMENT Endangered and threatened Cotton research and (Natural Gas Act) and species: promotion order: Federal Energy Regulatory Natural Gas Policy Act: Commission Armored snail and slender Imported content and cotton Short-term and interstate campeloma; published 2- content of imported Natural gas companies natural gas transportation 25-00 products; supplemental (Natural Gas Act): services; regulation; assessment calculation; Section 7 new service published 2-25-00 NATIONAL AERONAUTICS comments due by 4-7-00; applications; optional ENVIRONMENTAL AND SPACE published 3-8-00 ADMINISTRATION certificate and PROTECTION AGENCY Meats, prepared meats, and abandonment procedures; Federal Acquisition Regulation Air quality implementation meat products; grading, comments due by 4-3-00; (FAR): plans; approval and certification, and standards: published 2-16-00 Introduction; published 3-27- promulgation; various Imported beef, lamb, veal, Practice and procedure: States: 00 and calf carcasses; official Public utilities; annual Progress payments and grading; comments due Georgia; published 1-26-00 charges; comments due related financing policies; by 4-3-00; published 2-1- Indiana; published 1-26-00 by 4-3-00; published 2-3- published 3-27-00 00 Pesticides; tolerances in food, 00 animal feeds, and raw Small Business AGRICULTURE ENVIRONMENTAL agricultural commodities: Competitiveness DEPARTMENT Demonstration Program; PROTECTION AGENCY Dichlormid; published 3-27- Animal and Plant Health published 3-27-00 00 Inspection Service Air programs; State authority Technical amendments; delegations: FEDERAL Plant-related quarantine, published 3-27-00 COMMUNICATIONS domestic: Arizona; comments due by 4-3-00; published 3-2-00 COMMISSION TRANSPORTATION Asian longhorned beetle; Radio stations; table of DEPARTMENT comments due by 4-3-00; Air quality implementation assignments: Coast Guard published 2-2-00 plans; approval and Various States; published 2- Ports and waterways safety: promulgation; various AGRICULTURE States: 23-00 Tampa Bay, FL; safety DEPARTMENT California; comments due by FEDERAL ELECTION zone; published 2-24-00 Food and Nutrition Service 4-3-00; published 3-2-00 COMMISSION TRANSPORTATION Child nutrition programs: Freedom of Information Act; DEPARTMENT Illinois; comments due by 4- National school lunch and 3-00; published 3-3-00 implementation; published 2- Federal Aviation school breakfast 24-00 Administration programs; alternatives to Hazardous wastes: GENERAL SERVICES Airworthiness directives: standard application and Land disposal restrictionsÐ ADMINISTRATION AeroSpace Technologies of meal counting procedures; Polychlorinated biphenyls; Federal Acquisition Regulation Australia Pty Ltd.; comments due by 4-7-00; underlying hazardous (FAR): published 2-4-00 published 2-7-00 constituent in soil;
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Phase IV standards Indiana; comments due by Electronic Data Gathering, Class E airspace; comments deferral; comments due 4-6-00; published 3-7-00 Analysis, and Retrieval due by 4-3-00; published 2- by 4-3-00; published 2- JUSTICE DEPARTMENT System (EDGAR)Ð 17-00 16-00 Drug Enforcement Modernization; filing TREASURY DEPARTMENT Superfund program: Administration requirements; changes; Alcohol, Tobacco and National oil and hazardous comments due by 4-3- Firearms Bureau Records, reports, and exports 00; published 3-3-00 substances contingency of listed chemicals: Alcohol; viticultural area planÐ TRANSPORTATION Red phosphorus; comments designations: National priorities list DEPARTMENT due by 4-3-00; published Lodi, CA; comments due by update; comments due Coast Guard 2-2-00 4-7-00; published 2-7-00 by 4-4-00; published 2- Boating safety: JUSTICE DEPARTMENT TREASURY DEPARTMENT 4-00 Personal flotation devices; Comptroller of the Currency Water supply: Privacy Act; implementation; Federal requirements for National primary drinking comments due by 4-3-00; wearing; comments due Electronic banking; facilitation water regulationsÐ published 2-23-00 by 4-3-00; published 10-5- of national banks' use of new technologies; advance Public water systems; MANAGEMENT AND 99 notice; comments due by 4- unregulated contaminant BUDGET OFFICE Uninspected passenger 3-00; published 2-2-00 monitoring regulation; Federal Procurement Policy vessels; comments due comments due by 4-3- Office by 4-3-00; published 3-2- TREASURY DEPARTMENT 00; published 3-2-00 Acquisition regulations: 00 Customs Service Outer Continental Shelf Public water systems; Cost Accounting Standards Tariff-rate quotas: activities regulations; unregulated contaminant BoardÐ Sugar-containing products; monitoring regulation; revision; comments due by export certificates; Cost accounting standards comments due by 4-3- 4-5-00; published 12-7-99 comments due by 4-4-00; coverage; applicability, 00; published 3-2-00 Practice and procedure: published 2-4-00 thresholds, and waivers; FEDERAL comments due by 4-7- Adjudicative procedures TREASURY DEPARTMENT COMMUNICATIONS 00; published 2-7-00 consolidation; comments Internal Revenue Service COMMISSION due by 4-3-00; published MERIT SYSTEMS 10-5-99 Excise taxes: Radio stations; table of PROTECTION BOARD Deposits and tax returns; assignments: Vocational rehabilitation and Practice and procedure: education: comments due by 4-6-00; Montana; comments due by published 1-7-00 4-3-00; published 2-25-00 Uniformed Services Veterans educationÐ Employment and Income taxes: Texas; comments due by 4- New criteria for approving Reemployment Rights Act Credit for increasing 3-00; published 2-23-00 courses; comments due and Veterans Employment research activities; Wisconsin; comments due by 4-3-00; published 2- Opportunities Act; 2-00 comments due by 4-5-00; by 4-3-00; published 2-25- implementationÐ published 1-4-00 00 TRANSPORTATION Appeals; comments due DEPARTMENT Procedure and administration: FEDERAL TRADE by 4-4-00; published 2- Agriculture Department; COMMISSION Workplace drug and alcohol 4-00 testing programs: return information Children's Online Privacy NATIONAL ARCHIVES AND disclosures for statistical Protection Act; Procedures; revision; RECORDS ADMINISTRATION comments due by 4-7-00; purposes and related implementation activities; cross reference; Records management: published 12-9-99 Safe harbor guidelines; comments due by 4-3-00; comments due by 4-6-00; Computer tapes, rewind TRANSPORTATION published 1-4-00 published 3-7-00 requirement; elimination; DEPARTMENT comments due by 4-3-00; TREASURY DEPARTMENT HEALTH AND HUMAN Federal Aviation published 2-3-00 Administration Resolution Funding SERVICES DEPARTMENT Corporation operations; NATIONAL CREDIT UNION Air carrier certification and Medical care and comments due by 4-7-00; ADMINISTRATION operations: examinations: published 3-8-00 Indian healthÐ Credit unions: Aviation security screening; comments due by 4-4-00; VETERANS AFFAIRS Indian Self-Determination Involuntary liquidation; DEPARTMENT adjudication of creditor published 1-5-00 Act; contracts; Vocational rehabilitation and claims; comments due by Airworthiness directives: comments due by 4-3- education: 00; published 2-1-00 4-3-00; published 3-2-00 Boeing; comments due by Veterans educationsÐ NUCLEAR REGULATORY 4-3-00; published 2-3-00 INTERIOR DEPARTMENT New criteria for approving COMMISSION CFM International, S.A.; Fish and Wildlife Service comments due by 4-3-00; courses; comments due Rulemaking petitions: Endangered and threatened published 3-3-00 by 4-3-00; published 2- species: Barbour, Donald A.; Dornier; comments due by 2-00 Critical habitat comments due by 4-5-00; 4-6-00; published 3-7-00 determinationsÐ published 1-21-00 Eurocopter Deutschland LIST OF PUBLIC LAWS Coastal California Spent nuclear fuel and high- GMBH; comments due by gnatcatcher; comments level radioactive waste; 4-4-00; published 2-4-00 independent storage; This is a continuing list of due by 4-7-00; Lockheed; comments due published 2-7-00 licensing requirements: public bills from the current by 4-3-00; published 2-16- session of Congress which Approved spent fuel storage INTERIOR DEPARTMENT 00 have become Federal laws. It casks; list additions; Surface Mining Reclamation McDonnell Douglas; may be used in conjunction comments due by 4-5-00; and Enforcement Office comments due by 4-3-00; with ``P L U S'' (Public Laws published 1-21-00 Permanent program and published 2-16-00 Update Service) on 202±523± abandoned mine land SECURITIES AND Class D and Class E 6641. This list is also reclamation plan EXCHANGE COMMISSION airspace; comments due by available online at http:// submissions: Securities: 4-3-00; published 2-18-00 www.nara.gov/fedreg.
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The text of laws is not www.access.gpo.gov/nara/ [email protected] with published in the Federal index.html. Some laws may the following text message: Register but may be ordered not yet be available. Public Laws Electronic Notification Service SUBSCRIBE PUBLAWS-L in ``slip law'' (individual Your Name. pamphlet) form from the S. 376/P.L. 106±180 (PENS) Superintendent of Documents, Note: This service is strictly Open-market Reorganization U.S. Government Printing for E-mail notification of new for the Betterment of PENS is a free electronic mail Office, Washington, DC 20402 notification service of newly laws. The text of laws is not International (phone, 202±512±1808). The enacted public laws. To available through this service. Telecommunications Act (Mar. text will also be made subscribe, go to www.gsa.gov/ PENS cannot respond to 17, 2000; 114 Stat. 48) available on the Internet from archives/publaws-l.html or specific inquiries sent to this GPO Access at http:// Last List March 16, 2000 send E-mail to address.
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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 ...... (869–042–00041–2) ...... 25.00 Jan. 1, 2000 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–042–00042–1) ...... 28.00 Jan. 1, 2000 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 ...... (869–042–00003–0) ...... 8.50 Jan. 1, 2000 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 ...... (869–042–00004–8) ...... 43.00 Jan. 1, 2000 200–299 ...... (869–038–00062–8) ...... 11.00 Apr. 1, 1999 700–1199 ...... (869–042–00005–6) ...... 31.00 Jan. 1, 2000 300–499 ...... (869–038–00063–6) ...... 18.00 Apr. 1, 1999 1200–End, 6 (6 500–599 ...... (869–038–00064–4) ...... 28.00 Apr. 1, 1999 Reserved) ...... (869–042–00006–4) ...... 48.00 Jan. 1, 2000 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 ...... (869–042–00007–2) ...... 28.00 Jan. 1, 2000 1300–End ...... (869–038–00067–9) ...... 14.00 Apr. 1, 1999 27–52 ...... (869–042–00008–1) ...... 35.00 Jan. 1, 2000 22 Parts: 53–209 ...... (869–042–00009–9) ...... 22.00 Jan. 1, 2000 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 ...... (869–042–00011–1) ...... 29.00 Jan. 1, 2000 400–699 ...... (869–042–00012–9) ...... 41.00 Jan. 1, 2000 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 ...... (869–042–00014–5) ...... 46.00 Jan. 1, 2000 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 ...... (869–042–00019–6) ...... 37.00 Jan. 1, 2000 25 ...... (869–038–00076–8) ...... 47.00 Apr. 1, 1999 1950–1999 ...... (869–042–00020–0) ...... 38.00 Jan. 1, 2000 2000–End ...... (869–042–00021–8) ...... 31.00 Jan. 1, 2000 26 Parts: §§ 1.0-1–1.60 ...... (869–038–00077–6) ...... 27.00 Apr. 1, 1999 8 ...... (869–042–00022–6) ...... 41.00 Jan. 1, 2000 §§ 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 ...... (869–042–00031–5) ...... 22.00 Jan. 1, 2000 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 ...... (869–042–00033–1) ...... 29.00 Jan. 1, 2000 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
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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 ...... (869–038–00163–2) ...... 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 ...... (869–038–00165–9) ...... 32.00 Oct. 1, 1999 191–399 ...... (869–038–00115–2) ...... 55.00 July 1, 1999 1000–end ...... (869–038–00166–7) ...... 47.00 Oct. 1, 1999 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 ...... (869–038–00170–5) ...... 30.00 Oct. 1, 1999 1–124 ...... (869–038–00120–9) ...... 32.00 July 1, 1999 1200–End ...... (869–038–00171–3) ...... 40.00 Oct. 1, 1999 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 ...... (869–038–00173–0) ...... 23.00 Oct. 1, 1999 1–299 ...... (869–038–00123–3) ...... 28.00 July 1, 1999 70–89 ...... (869–038–00174–8) ...... 8.00 Oct. 1, 1999 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, 1999 156–165 ...... (869–038–00177–2) ...... 21.00 Oct. 1, 1999 166–199 ...... (869–038–00178–1) ...... 27.00 Oct. 1, 1999 36 Parts 200–499 ...... (869–038–00179–9) ...... 23.00 Oct. 1, 1999 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 ...... (869–038–00182–9) ...... 26.00 Oct. 1, 1999 38 Parts: 40–69 ...... (869–038–00183–7) ...... 26.00 Oct. 1, 1999 0–17 ...... (869–038–00131–4) ...... 37.00 July 1, 1999 70–79 ...... (869–038–00184–5) ...... 39.00 Oct. 1, 1999 18–End ...... (869–038–00132–2) ...... 41.00 July 1, 1999 80–End ...... (869–038–00185–3) ...... 40.00 Oct. 1, 1999 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) ...... (869–038–00187–0) ...... 30.00 Oct. 1, 1999 1–49 ...... (869–038–00134–9) ...... 33.00 July 1, 1999 2 (Parts 201–299) ...... (869–038–00188–8) ...... 36.00 Oct. 1, 1999 50–51 ...... (869–038–00135–7) ...... 25.00 July 1, 1999 3–6 ...... (869–038–00189–6) ...... 27.00 Oct. 1, 1999 52 (52.01–52.1018) ...... (869–038–00136–5) ...... 33.00 July 1, 1999 7–14 ...... (869–038–00190–0) ...... 35.00 Oct. 1, 1999 52 (52.1019–End) ...... (869–038–00137–3) ...... 37.00 July 1, 1999 15–28 ...... (869–038–00191–8) ...... 36.00 Oct. 1, 1999 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 ...... (869–038–00194–2) ...... 53.00 Oct. 1, 1999 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 ...... (869–038–00196–9) ...... 53.00 Oct. 1, 1999 81–85 ...... (869–038–00145–4) ...... 33.00 July 1, 1999 400–999 ...... (869–038–00197–7) ...... 57.00 Oct. 1, 1999 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 ...... (869–038–00199–3) ...... 14.00 Oct. 1, 1999 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
VerDate 20-MAR-2000 17:39 Mar 24, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\27MRCL.LOC pfrm11 PsN: 27MRCL x Federal Register / Vol. 65, No. 59 / Monday, March 27, 2000 / Reader Aids
Title Stock Number Price Revision Date 600–End ...... (869–038–00202–7) ...... 37.00 Oct. 1, 1999 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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